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OFFICE OF THE MAYOR <br />SOUTH BEND, INDIANA <br />Mr. Lewis A. McGann -2 April 1, 1982 <br />(3) Bill No. 27 -82 will lead to ridiculous and damaging <br />results because it would impose extraordinary <br />restrictions on the use of the salary ordinance and <br />the budget. I believe those extraordinary restric- <br />tions result more from imprecision in drafting than <br />from the intent of the Council. Nevertheless, the <br />resulting problems would remain. <br />(a) For example, if the budget ordinance provided <br />for five Equipment Operator III's,'the Depart - <br />ment Head could not demote, for disciplinary <br />reasons, an Equipment Operator III to the level <br />of Equipment Operator II without a Council <br />ordinance. <br />(b) In similar fashion, if a Department Head deter- <br />mined to combine two part -time positions or to <br />divide a full -time position to save salary costs <br />and to improve productivity, an ordinance would <br />be required. <br />(c) The bill would also prevent a Department Head <br />or other supervisor from saving money through <br />following of standard hiring procedures. For <br />example, the Park Department has two Secretary <br />III's in the budget. If one of those Secretary <br />III's should resign, the Superintendent of Parks <br />could not hire a new person as a Secretary II <br />without having a separate ordinance passed by <br />the Council. The Superintendent.would therefore <br />be stymied in his flexibility to hire a new person <br />at an entry level as is often the case. <br />Any ordinance which has the effect of requiring the <br />passage of an ordinance to permit a demotion, a reduction <br />in grade as a result of change in job function, or to <br />create a probationary period cannot be signed by me into <br />law. I cannot believe that any reasonable person would <br />expect a City Administration to manage the day -to -day <br />operations of their bureaus and departments in this <br />fashion. While I can understand that the intent of the <br />ordinance may not have been to achieve the above - described <br />results, the ordinance, as drafted, would have those results. <br />As Mayor, I am accountable to the people of South Bend for <br />the provision of City services as supported by the City Council <br />through the budgetary process. The major responsibility of the <br />City Council members is to pass laws and budgets which help in <br />providing City services efficiently and at the lowest cost. <br />