Bill No. 20-22 Mayor Mueller Statement

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CITY OF SOUTHBEND MAYOR JAMES MUELLER OFFICE OF THE MAYOR July 13, 2020 Filed in Clerk s ce JUL Zp2q �W—M CITY CLERK, SOUTH SEND, IN STATEMENT OF ADMINISTRATION'S POSITION Bill_ No. 20-22 — A resolution in support of declaring a state of emergency and establishing an emergency temuorary aid and shelter program The Administration opposes Bill No. 20-22, which would urge the declaration of a state of emergency and establishment of an emergency temporary aid and shelter program for those individuals experiencing chronic homelessness in our community. The Administration continues to work with community partners to identify both short-term and long-term solutions that include the potential establishment of a low -barrier emergency shelter outside of weather amnesty months and making more permanent supportive housing units available for individuals experiencing homelessness. The Administration is also forming an implementation group with Council representatives to see how best we can fill the gaps in services for our homeless neighbors together as a community. This resolution, while legally non-binding, is not constructive and does not offer a viable path forward. There is no mention of the legal authority to declare a state of emergency to address this issue. It is not clear how the authority for the Mayor to declare a local disaster emergency (IC 10-14-3-29) could be applied to this situation. Even if this were an appropriate application of that authority, it would not allow for the suspension of laws and regulations called for in the resolution. While many of the actions contained in the resolution are worthy of discussion, there is not yet a clear consensus that these specific measures provide the best path forward. The resolution also blurs the appropriate separation of roles between the legislative and executive branches. The resolution not only encroaches upon executive branch roles but also asks the Administration to overstep its authority to bypass well-defined roles of the Council and other bodies. In general, the Administration is committed to respect and uphold the Constitution of the United States and the State of Indiana, as well as federal, state, and local laws. Accordingly, the Administration will oppose all such encroachments on our respective roles and encourage consultation and consensus to the maximum extent possible to avoid the need for statements similar to this one in the future. If the Mayor were presented with Bill 20-22, his advisors would strongly recommend that lie veto the bill. ********** 1400 COUNTY -CITY BUILDING • 227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235-9261 - FAx 574/235-9892 • TTY 574/235-5567