Press Release 07-14-2022 Council Police Tape Process

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City of South Bend Common Council 441 County-City Building ● 227 W. Jefferson Blvd South Bend, Indiana 46601 (574) 235-9321● Fax (574) 235-9173 ● TDD (574) 235-5567 ● http://www.southbendin.gov NEWS RELEASE Subject: Clarification of the South Bend Common Council’s “Police Tapes” Process Date: Thursday, July 14, 2022 From: Atty. Bob Palmer, Council Attorney Contact: Bob Palmer, Council Attorney: bpalmer@southbendin.gov CLARIFICATION OF SOUTH BEND COMMON COUNCIL’S “POLICE TAPES” PROCESS Some media reports based on my written answers to questions regarding the Common Council’s process following the Indiana Court of Appeals reversal of the trial court’s ruling in the Common Council’s favor in the “Police Tapes” case misinterpreted my statements. One report stated that the Common Council would decide what actions to take in an Executive Session held on July 12, 2022. That is incorrect. Under Indiana statute, no decisions can be made or votes taken, in an Executive Session. One of the purposes of the Executive Session was to discuss options available to the Common Council. Another report implied that a decision about the litigation would be made at the upcoming July 25, 2022, Common Council meeting. That implication is not entirely accurate. The Common Council decided several years ago to pursue legal action to obtain the recordings. That decision was made in a public Common Council meeting by a majority vote of the Council members. That decision remains in effect until the litigation is resolved or the Common Council decides to pursue some other action. The decision to pursue any other action must be made by motion and a majority vote of Council members at a public Common Council meeting. The next public meeting of the full Common Council is scheduled for July 25, 2022. If there is no motion to take other action, or if such a motion is not passed, the Council will continue with the litigation to obtain the recordings. To the extent that my statements suggested that a decision would be made either in the Executive Session or in the July 25 Council meeting, I regret the confusion. The process stated above must be followed to comply with the Indiana Open Door Laws. Sincerely, _____________________________________ Robert J. Palmer, Council Attorney ### Sharon L. McBride President Sheila Niezgodski Vice President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K Hamann At Large