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.: oUTx ....... Filed in Clerk's Office <br /> 04 fid . r____i 47 �' '=='�d` 1 ,�U1. 1 6 2020 <br /> a <br /> ' ,..:,'� �� CITYG� A►cN M'JOMES <br /> x ,�•� x ,: .SOU SENO,IN <br /> 1865 <br /> CITY OF SOUTH BEND <br /> MAYOR JAMES MUELLER <br /> OFFICE OF THE MAYOR <br /> July 16, 2020 <br /> Dear Councilmembers, <br /> As you know, there remain questions about the passage of Bill 20-22. With no mention of a vote <br /> by acclamation in the municipal code, Robert's Rule of Order' provides that a vote by <br /> acclamation is a form of unanimous consent. The motion to pass Bill 20-22 by acclamation failed <br /> because there was opposition to the motion. No subsequent motion on Bill 20-22 was made prior <br /> to the 5-4 roll call vote in favor of the resolution. <br /> Whether or not the Common Council passed this resolution in full accordance with proper <br /> procedure, I am returning this bill unsigned. In the Statement of Administration's Position that <br /> was filed with the Clerk and shared with Council prior to the vote, several critical issues were <br /> raised. Chief among them were the calls in the resolution to exceed my legal authority as Mayor, <br /> in addition to inappropriate encroachments on our respective roles. Approving the language in <br /> this resolution forces a choice between supporting an overreach of legal authorities or ignoring <br /> the text contained within the resolution. Neither choice is acceptable. We must meet a higher <br /> standard for legislation, even non-binding resolutions. I cannot approve legislation based on <br /> intent over the actual text. <br /> While I fully support acting as swiftly as possible and working together as a community <br /> toward sustainable solutions for our homeless neighbors, I am vetoing Bill 20-22 for the <br /> reasons stated above. <br /> Sincerely, <br /> / JLA <br /> James Mueller <br /> 1 Section 2-9 of the South Bend municipal code establishes that "[t]he most recent edition of Robert's Rules of <br /> Order shall be the authority on all questions of parliamentary law and procedure not specifically covered by this <br /> article." <br /> 1400 COUNTY-CITY BUILDING•227 W.JEFFERSON BOULEVARD•SOUTH BEND,INDIANA 46601 <br /> PHONE 574/235-9261 • FAx 574/235-9892 • TTY 574/235-5567 <br />