09-23-74 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 23 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) President Nemeth stated that the ordinance did not restrict the right of employees from partici- pating in politics. He indicated that it restricted coercement of other employees. Regarding the donations to the political parties, the political parties would also fall under the limit and coul( not donate more than the specified amount to the candidates. Councilman Horvath asked for a clari- fication on the party limitations. Council President Nemeth stated that the party would be limiter to the amounts set forth in the ordinance. He indicated that it was presumed, in the fall election that the party would function for all candidates. Mr. James Roemer, City Attorney, felt that some further study of the ordinance was necessary in view of the comments made by the councilmen. Regarding Section V, he stated that it was being legislated that there should be no more one percex club. He stated that the Mayor has asked that the contributions be continued until the end of the year in order that some alternative method could be worked out. He wondered about the effect of "copying" a section from the Indiana Code regarding the prohibition of firemen and policemen from engaging in political activities. He stated that the administration had proposed that every cabinE officer and any employee earning $16,500 a year should make a personal financial disclosure to the public. He stated that state laws pre -empt in the area of contribution and expenditure limitation: He felt the Council did not have the legislative ability to set more stringent or less stringent limitations. He stated that he would recommend that the Mayor veto the ordinance as amended, if passed in that form, because of the limitations set. He again stated that he felt more time shoulc be given to the ordinance and the proposed amendments. Chairman Newburn wanted to make clear the fact that the ordinance was not a new ordinance -- merely an amended version of Council President Nemeth's ordinance filed previously. Council President Nemeth wondered about Mr. Roemer's remarks concerning the Council's limitation on candidates' expenditures and contributions. Mr. Roemer felt that the state legislated in that area, and it was inappropriate for the Council to also legislate in that area. Council President Nemeth wondered how Mr. Roemer could go along with dis- closure of campaign contributions and expenditures as contained in the Mayor's ordinance. He' referred to the Attorney General's opinion dated September 13, 1973, regarding limitations on candidates' contributions and expenditures. According to that, there really was no limitation on expenses, in his opinion. Mr. Roemer stated that, when the issue was researched, it was felt by the Legal Department this could be distinguished. He requested that he be allowed more time to study the ordinance. There was a call for the question. Chairman Newburn requested a roll call vote on Council Presides Nemeth's motion to amend the ordinance. The motion lost by a vote of six nays (Councilmen Serge, Miller, Parent, Taylor, Horvath and Newburn) and three ayes (Councilmen Szymkowiak, Kopczynski and Nemeth). Councilman Taylor stated that the Council President had put in much time and effort regarding his ordinance; however, he asked that further study be given the matter. He then made a 'motion that the ordinance go to the Committee of the Whole for further study, seconded by Councilm< 'Serge. Councilman Miller indicated that, again, the Council was in the process of bringing a matt( to the public and then delaying the issue. He felt the procedureshould be to discuss the amendment one at a time and give the public a chance to express themselves on the amendments. Then, the ordinance could be sent to committee for final drafting. He wondered if there was an attempt to kill the measure or if the councilmen had not done their work on the ordinance up to this time. Councilman Parent sympathized with Councilman Miller's comments; however, he stated that the ordinance was very complex and he felt very close to voting in favor of the ordinance with the amendments made by Council President Nemeth. He, too, felt more time should be given to the ordinance and the amendments. Councilman Taylor stated that, if there were people present at the meeting who wished to make comments, he would not want to stop them from discussing the issue. He felt that, if there were no comments made, his motion should stand. Council President Nemeth indicated that the ordinance had been filed on July 2. A public hearing was held on August 12, anc now the ordinance was again in public hearing. He felt there had been much time spent on delibera- tions of the ordinance. He felt that the Council had been discussing the matter for some time in caucus, and that the amendments should be considered one -by -one and then voted upon. There was discussion on whether or not the public hearing should be continued or if a vote should be taken on the motion to refer the ordinance to committee. Chairman Newburn indicated that he felt the citizens should be given an opportunity to speak. Mr. Irvin Sikorski, 145 Woodhill Lane, felt that monetary values were not being argued. He felt time was of the essence, and that other walks of life should run the city and not just attorneys and lawyers. Mrs. Nancy Kommers, 314 East Pokagon President of the League of Women Voters, stated that, with the original ordinance, the league had questioned the provisions of disclosure before election. She indicated that this had been rectifi in the amendment. The original ordinance had too restrictive a ceiling on contributions, in the league's opinion, and this had also been changed in the amendments. She indicated that the expenditures in the amended ordinance also seemed to be more in line with what the league had proposed. She also stated that now, there were enforcement procedures in the ordinance. She indicated that the league felt the ordinance was far superior with the amendments proposed by Council President Nemeth. She concluded by stating that she was not; however, urging any haste, but she reminded the Council that the matter had been under consideration for over two and one-hall months. Mrs. Joan McClure, 1029 Eberling Drive, Chairman of the American Association of Universit Women, read a statement supporting campaign reform and Council President Nemeth's efforts in this regard. She stated that the revised ordinance as amended met all the requirements that the assort tion felt necessary. Councilman Taylor again restated his motion to refer the ordinance to the Committee of the Whole, and Councilman Serge again seconded the motion. Councilman Parent indicated that he hoped there could be some kind of a deadline included in the motion in order that the ordinance could be acted upon no later than the first regular meeting in November. He made a motion to include that in Councilman Taylor's motion, seconded by Councilman Serge. Councilman Miller requested a roll call vote on the motion. The motion carried by a vote of five ayes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). ORDINANCE AN ORDINANCE APPROPRIATING -THE SUM OF $25,000.00 FROM GENERAL REVENUE OF THE WATER WORKS OF SOUTH BEND TO THE OPERATION AND MAINTENANCE FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Water Works, explained that the appropriation would be used for the repair of stop boxes that are established for the turn -off of water service lines to individual customers, and to maintain a program of continued operable stop boxes.