02-10-75 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 10, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (1031 Widener Lane). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Louis Chapleau, 316 First Bank Building, indicated that he was the attorney representing Monica Peak and the Tower Federal Savings and Loan Association. He stated that Tower had an agreement to purchase the property from Mrs. Peak in the event it was rezoned so that it could be used as a branch office. He indicated that the Area Plan Commission had recommended the matter favorably to the Council and that there had been no opposi- tion at that hearing. A new building would be constructed which would add to the tax base, if the rezoning was approved. There were no comments or questions. Councilman Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED (southwest corner of Ireland and Miami). This was the time heretofore set for public hearing on the ordinance; however, there was no one present to make a presentation of the ordinance. Councilman Nemeth suggested that the Council pas over the ordinance in order to allow time for an attorney or the petitioner to arrive. He stated that the Committee of the Whole could come back to the ordinance. Chairman Newburn agreed to Councilman Nemeth's suggestion. ORDINANCE AN ORDINANCE APPROPRIATING $6,631.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Roemer, City Attorney, made the pre- sentation for the ordinance. He explained that the appropriation was requested for the purpose of adding a deputy city attorney to the staff. He stated that this was the same request that was approved by the Council last year. This was again necessitated because revenue sharing funds were being used. He stated that, last year, Kathleen Cekanski was the deputy that was hired. At the end of the year in 1974, there was a resignation and, at this time, the department desired to fill the vacancy. He indicated that the deputy attorney would work primarily for the Police Department and would be available to give officers advice and guidance in areas such as lawful arrest, search and seizure, confessions, gathering of evidence, etc. The deputy would also handle or assist in inquiries and questioning of all concerned parties when citizens allege questionable police activities, as well as taking care of police insurance requirements and related legal matters. He indicated that he spent considerable time with the Police Department last year and Bob Bray had al been assigned for four hours in the afternoon to work at the department. He talked about a new program being implemented, effective February 21st, whereby a two -hour training session every Friday would be held in an effort to work more closely with the Police Department. He stated that the same rate that was paid to a regular deputy attorney would be paid. He concluded by stating that the full amount of $6,631 might not be needed. Councilman Kopczynski asked about Mr. Roemer's case load with the city regarding police brutality cases, etc. Mr. Roemer indicated that, during the last 12 months ending December 31, the departmel had investigated between 7 and 9 incidents of alleged brutality. In most all investigations, it had been determined that there was no brutality involved. Councilman Kopczynski wondered how this compared to the previous year. Mr. Roemer indicated that he did not remember any such cases in 1973. Based upon his investigation; however, he felt the increase was due to increased sensitivit, on the part of the citizens to their rights and such complaints would probably continue. Councilmi Serge wondered how much an officer could take when trying to arrest a person. He felt South Bend should back its officers. He mentioned the harrassment and abuse the officers receive. Chairman Newburn asked that the Council discuss the merits of the proposed ordinance appropriation and not go into other aspects of the Police Department at this time. Mr. Roemer indicated that the Legal Department would furnish legal advice to the officers concerning arrests and the amount of force ti be used, etc. He indicated that, in the officers' training, they are advised that they will be subject to harrassment and abuse. Councilman Serge wondered how many hours the deputy attorney would spend at the Police Department. Mr. Roemer indicated that the amount of time would vary. Councilman Nemeth asked for an explanation of the amount for insurance. Mr. Roemer indicated that all employees of the city are provided insurance. This amount would give coverage for the individi for his own health insurance program. Mr. Walter Lantz, Chief Deputy Controller., indicated that this would revert back to the fund if the employee elected not to carry the insurance. He stated that this was provided for in the salary ordinance passed last year. Councilman Kopczynski wondered if the deputy would be available at all hours. Mr. Roemer indicated that this would be a responsibility of the deputy. Councilman Kopczynski wondered who represented the citizens. Mr. Roemer indicated that all the attorneys are concerned about the citizens, as well as the depart- ments to which they are assigned. Councilman Kopczynski recommended that a copy of the Police Manual be filed with the City Clerk. He felt it should be made available for public inspection. Mr. Roemer indicated that he would file a copy of the manual with the Clerk when he received additional copies. He presented a copy to the Council for its perusual. Councilman Miller indicated that the cabinet ordinance provided that the manual be filed with the Clerk. He asked if the amount of the appropriation could be reduced to correspond with the 10 -month period of funding. Mr. Roemer indicated that he had no objection to Councilman Miller's suggestion. Councilman Miller made a motion to amend the ordinance as follows: Amend total amount to $5,526.00. Amend Account 630.0 to $338.00. Amend Account 110.0 to $4,688.00. Amend Account 640.0 to $227.00. Amend Account 620.0 to $273.00.