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

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Filed in Clerk's Office Jan 7, 2026 BILL NO. 01-26 Bianca"I irado City Clerk. South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,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 STATEMENT OF PURPOSE AND INTENT Section 2-10.1 of the Municipal Code as currently written provides for complaints against Common Council members to be filed by a complaining party or initiated by at least two members of the Rules Committee without specifying who may be a complaining party. The current ordinance also provides that the initial meeting of the Rules Committee to discuss complaints to be in a nonpublic executive session. That provision of the ordinance was enacted approximately fourteen(14)years prior the enactment of the applicable Indiana Open Door statute. 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. This ordinance repeals, supersedes and replaces Chapter 2,Article 1, section 2-10.1 in its entirety. This amendment also establishes the Rules Committee's duties in reference to the operation of the South Bend Common Council. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,as follows: Section I. South Bend Municipal Code Chapter 2, Article 1, Section 2-10.1 is repealed, superseded, and replaced in its entirety as follows: Sec.2-10.1. Powers,duties,and procedures of the Council Rules Committee. (a) Standard of conduct generally: The Common Council recognizes that Council Members hold their offices as a trust conferred upon them by the citizen voters of the community,and that this public trust requires all Council Members to observe the highest standard of conduct in carrying out their official duties.