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oUTx ....... Filed in Clerk's Office <br />04 fid .r____ <br />i 47 ' '=='d` <br />1 , <br />U1. 1 6 2020 <br />a <br />CITYG A <br />cN <br />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