09-23-74 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 23 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE TRANSFERRING $1,000.00 FROM ACCOUNT 630.0, "P.E.R.F." TO ACCOUNT 242.0, "PUBLICATION OF LEGAL NOTICES ", BOTH ACCOUNTS BEING WITHIN THE CONTROLLER'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING FUNDS BETWEEN VARIOUS ACCOUNTS WITHIN THE FIRE DEPARTMENT BUDGET, IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE PROHIBITING SMOKING AND THE CARRYING OF LIGHTED OBJECTS UPON BUSES. This ordinance had first reading. Councilman Parent made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion carried Councilman Parent indicated that he was not the "sponsor" of the ordinance as had been indicated i the newspaper. UNFINISHED BUSINESS Councilman Parent brought up the subject of the special committee formed by Council President Neme to investigate the Police Department. He stated that much interest has been generated from the start regarding the committee and the investigation. He indicated that, already, two councilmen have resigned from the committee. He stated that he had studied the resolution adopted on August 12th, whereby a public investigation be made of the Police Department by the Common Council and any other personnel deemed necessary. He stated that he had interpreted this to mean that the entire Council should conduct the investigation. He wanted a fair investigation of the department and he felt this was the only fair way to go about the matter. He made a motion to reaffirm the resolution adopted on August 12, 1974, and to allow any councilmen who wished to serve on the committee to serve, seconded by Councilman Taylor. Councilman Miller indicated that he had thought Councilman Parent had requested an opinion from the City Attorney regarding the matter. He asked about this. Councilman Parent indicated that he had contacted the City Attorney but had been informed that additional time would be needed in order to render an opinion. Councilman Miller felt there was a legal question open to a good interpretation. He questioned any action that the Council might take to jeopardize the Council President's powers. He also felt that it would be to Councilman Serge's advantage not to serve on the committee because he had been named. Councilma Parent stated that Councilman Miller was misinterpreting his motion. He merely wanted any member that wished to serve appointed to the committee. Councilman Serge indicated that he desired "to serve on the committee. He stated that he was not involved in anything illegal. Councilman Paren stated that, if the committee was not valid as now appointed, it would not have the power of subpoena. He felt that, by allowing anyone to serve on the committee, that legal question would be taken care of. Council President Nemeth stated that he has appointed many special committees and the procedure has never been objected to before. He wondered why now Councilman Parent was objecting to the committee. Councilman Parent stated that he had objected to the appointment of the committee when it had been discussed in caucus. Council President Nemeth felt the wishes of the Council should be honored; however, he had appointed the committee as he thought best, taking into consideration the amount of time needed to conduct the investigation, etc. Councilman Kopczynski referred to the formation of the special committee on Governmental Procedure of which Councilman Parent was chairman. He stated that so far, nothing has been done by the committee on a matter that had been referred to it some time ago. Councilman Newburn talked about the powers and duties of the Council President. He stated that, in the past, there were no objections made to the special committees. Council President Nemeth again indicated that he would accede to the wishes of the majority of the Council; however, he could not understand why the procedure was bei questioned. Councilman Taylor stated that the issue was raised in caucus by more than just one councilman. He stated that the thought expressed was that it would be a good idea to allow anyon to serve who wanted to serve on the committee. Council President Nemeth felt the question being argued was whether or not Councilman Taylor should be on the committee. He felt the committee should remain at five members. Councilman Taylor felt the main reason he had not been appointed to the committee was because he was a Republican and one Republican was already serving on the committee. Councilman Parent indicated that he wanted to speak on the remark made regarding his being the "spokesman" for the Mayor as had been indicated in the newspaper. He did not feel this was an accurate statement. He stated that his voting record be checked to determine where he stood. Councilman Horvath stated that the issue had shown the political battles to be undertaken the following year. Councilman Serge indicated that he was a Democrat and would back any Democra i< candidate, not just Jerry Miller, and he objected to being called a "rubber stamp" for the admin- istration. There was a call for the question. A roll call vote was requested. Councilman Paren motion carried by a vote of five ayes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). Councilman Miller indicated that he would now resign from the committee because he did not feel it would conduct an impartial investigation. Councilman Miller made a motion to schedule a Council meeting on Monday evening, October 21, 1974 at 7:00 p.m., seconded by Councilman Horvath. The motion carried. Councilman Taylor then made a motion to set for public hearing and second reading on October 21, 1974, the budgets for Solid Waste, Wastewater, Sanitation, Water Works, Parking Meter and Parking Garage. The motion was seconded by Councilman Kopczynski and carried. Councilman Serge wondered about what could be done to help the senior citizens in South Bend and the community. He indicated that he had requested the Department of Human Resources and Economic Development to work on this matter to inform the older citizens to come forth and make their requests and problems known to the administration.