01-14-08 Council Meeting Agenda & Packet

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-60 CREATING A POLICE PROMOTION PANEL STATEMENT OF PURPOSE AND INTENT It is in the best interest of the City of South Bend and of its citizens, and property owners that the South Bend Police Department be a professional one in which the most qualified officers are promoted. South Bend has an independent Board of Public Safety established under Section 2-50 of the South Bend Municipal Code pursuant to I.C. 36-8-3-3'to oversee all aspects of the Police Department including the administration of discipline. The South Bend Board of Public Safety has along history of successfully fulfilling its duties in the past and should be continued. I.C. 36-1-4-14 allows a municipality to establish a system to promote members of a police department based on merit and qualification yet retain a Board of Public Safety, and this Ordinance is adopted pursuant to said statute. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that Chapter 2, Article 5, be amended to add a new Section 2-60 of the South Bend Municipal Code as follows: Section I. Chapter 2, Article 5 of the South Bend Municipal Code shall be amended to include a new Section 2-60 titled Police Promotion Panel which shall read as follows: Section 2-60 Police Promotion Panel (a) There shall be established a three (3) member Police Promotion Panel subject to the rules set forth in this Section. Each member shall be a citizen of the State of Indiana and a resident of the City of South Bend. (b) Two (2) of the members of the Police Promotion Panel shall be appointed by the Mayor from the membership of the Board of Public Safety and shall serve at the pleasure of the Mayor. A third member shall be elected by the active, sworn members of the South Bend Police Department and shall serve a term of four (4) years, and shall be a person of good moral character who is not an active member of any Police or Fire Department or agency. This member shall be elected pursuant to the procedures set forth in I.C. 36-8-3.5-8. All members shall be at least twenty-one (21) years of age, citizens of the United States, and residents of the City of South Bend for at least three (3) years prior to appointment or election and while on the Panel.