11254-26 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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BILL NO. 01-26 ORDINANCE NO. 11254-26 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 2-10.1in 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CITY OF SOUTH BEND, INDIANA, as follows: Section I. South Bend Municipal Code Chapter 2, Article 1, Section 2-10.1 is repealed, superseded, and replaced in its entirety as follows: Sec. 2-10.1.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. (b) Function: The Council further recognizes the Council Rules Committee's role in the operation of the South Bend Common Council. (c) Composition: The Council Rules Committee referred to hereinafter as "committee" shall consist of not less than three (3)members, of whom there shall be a reflection of the political composition of the Council. However, the remaining odd-numbered member shall be the President of the Common Council. (d) Vacancies: A vacancy on the Rules Committee due to cause shall be filled for the unexpired term in the same manner as the original appointment. (e) Officers and staff The committee shall elect from its membership a Chairperson and a Vice-Chairperson who shall each be selected for one-year terms. The City Clerk or a designee of said office shall serve as the custodian of its records and minutes. The City Attorney's Office and the Council Attorneys may furnish legal assistance to the committee, and the committee, within the limits of its budgetary appropriation may be authorized to