03-26-12 Council Agenda & Packet

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remedy identified discrimination? 1. Authori : Is authority given to the South Bend Common.Council to remedy discrimination by amending the Human Rights Ordinance? Yes,pursuant to Indiana Code 36-1-3, .Indiana Code 22-9-11 the City's police powers, and Indiana case law. A. Indiana Code 36-1-3 (Home Rule) states: IC 36-1-3-2 Policy Sec. 2. The policy of the state is to grant units all the powers that they need for the effective operation of government as to local affairs. As added by Acts 1980, P.L.211, SEC.1. IC 36-1-3-3 Rule of law; resolution of doubt as to existence of power of a unit Sec. 3. (a) The rule of law that any doubt as to the existence of a power of a unit shall be resolved against its existence is abrogated. (b)Any doubt as to the existence of a power of a unit shall be resolved in favor of its existence. This rule applies even though a statute granting the power has been repealed. As added by Acts 1980, P.L.211, SEC.1. IC 36-1-34 Rule of law; powers of unit Sec. 4. (a) The rule of law that a unit has only: (1)powers expressly granted by statute; (2)powers necessarily or fairly implied in or incident to powers expressly granted; and (3)powers indispensable to the declared purposes of the unit; is abrogated. (b)A unit has: (1) all powers granted it by statute; and (2) all other powers necessary or desirable in the conduct of its affairs, even though not granted by statute. (c) The powers that units have under subsection (b)(1) are listed in various statutes. However, these statutes do not list the powers that units have under subsection(b)(2); therefore, the omission of a power from such a list does not imply that units lack that power. As added by Acts 1980, P.L.211, SEC.1. (emphasis added) Note the emphasis to Sections 36-1-3-2, 36-1-3-3 (a) and(b), and 36-1-3-4(b) above: the Indiana Code gives South Bend all the powers needed to effectively govern as to its own local affairs. These powers include establishing and amending a Human Rights 4