01-26 Repealing, Superseding, and Replacing Chapter 2, Article 1, Section 2-10.1 by Establishing the Powers and Duties of the Common Council Rules Committee and Eliminating the Process and Procedures for Filing Complaints Against Council Members

Home Browse Search

somewhat similar complaint system also provides for confidentiality. It is not known whether this provision has ever been challenged. We believe that the City of South Bend should join those municipalities that do not provide for a process of receiving and resolving complaints against elected officials. Eliminating the formal complaint process does not leave our residents without redress. Reports of improper conduct can be filed with the Police Department or the Prosecutor's office. Those entities are far better equipped to investigate alleged misconduct than is the Council. Additional remedies against elected officials are contained in Indiana state statutes. Residents, and others, will continue to have the privilege of the floor available at Council meetings. The Rules Committee will continue to have jurisdiction over issues of public trust. Finally, the citizens' ultimate remedy is the ballot box. The proliferation of frivolous, meritless, repetitive,and legally incorrect complaints, combined with the elimination of nonpublic executive sessions for initial consideration of complaints, has resulted in an inordinate amount of time devoted to resolving such complaints and hinders the Rules Committee in performing its necessary duties. The current ordinance provides no expeditious way to resolve such complaints short of a Rules Committee hearing. This proposed amended ordinance will remedy this situation. This ordinance repeals, supersedes and replaces Chapter 2, Article 1, section 2-10.1 in its entirety. The amendments will eliminate frivolous, meritless, or legally incorrect complaints which the Rules Committee is compelled to resolve under the procedure contained in the current ordinance. We ask that this proposed ordinance be assigned to the Rules Committee on January 12, 2026, and scheduled for second and third readings and public hearing on January 26, 2026. Thank you for your consideration. Sincerely yours, 1171°. 4 '& /4410"---------------- Canneth Lee, First District Member Troy Warner, Fourth District Member South Bend Common Council South Bend Common Council qatt5( I FI+.dM IaNvik✓• Rachel Tomas Morgan, At Large Member South Bend Common Council i Liz IJ i.;-').S21• L1\ (. / 1) 2 5.;-'III i • 11)1) (.1/ II .i.;-.,,i(;7 • �111!): \1C11.�l IIt}I )CIII 1IIL:,(N