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- CITY of SOUTH BEND <br /> ' ROGER O. PARENT, Mayor <br /> COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 <br /> December 2, 1987 <br /> Michael L. Vance 219/284-9742 <br /> Director, Administration and <br /> Finance <br /> Mr. Joseph T. Serge <br /> President <br /> South Bend Common Council <br /> 4th Floor County-City Building <br /> South Bend, IN 46601 <br /> Dear President Serge: <br /> The enclosed ordinance is being filed for first reading at the <br /> December 7, 1987, Council meeting. The ordinance amends Article 4 of <br /> Chapter 4 of the City of South Bend Municipal Code regarding the <br /> regulation of charitable solicitations. <br /> The ordinance is being filed to amend the code in such a manner <br /> as to bring it into compliance with the current case law concerning <br /> charitable solicitations. Recent changes in the law and case <br /> decisions that have been reached severly question the ability of a <br /> city to regulate charitable solicitations to the extent of the <br /> current ordinance. No longer may cities limit or specify the amount <br /> of solicitation proceeds that may be paid to a fundraiser as his <br /> fee. Additionally, the City may no longer legislate that a specific <br /> percentage of charitable contributions generated by a professional <br /> fundraiser go to the charity. While that provision has previously <br /> been the mainstay of the existing ordinance, the United States <br /> Supreme Court has recently found that provision to be <br /> unconstitutional. Finally, the City' s authority in rejecting or <br /> revoking permit applications will be limited to finding fraud on the <br /> face of the application and fraud in the solicitation of funds. <br /> While the amendments being offered to the ordinance are <br /> detrimental to the charitable solicitation process, the City of South <br /> Bend's Legal Department has researched and notified us that the <br /> ordinance will not stand as it currently exists, and if we are to <br /> have any enforcement ability, the code must be amended as the <br /> ordinance provides. <br /> If you have any questions, please feel free to contact my office <br /> or speak with Carolyn Pfotenhauer of the City Attorney' s staff. <br /> Sincerely, <br /> Michael L. Vance <br /> Director, Administration <br /> and Finance <br /> MLV/rds <br />