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19 9 1.
<br />REGULAR MEETING APRIL 7, 1975
<br />REGULAR MEETING
<br />APRIL 7, 1975
<br />Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of
<br />the County -City Building on Monday, April 7, 1975, at 7:00 p.m., Council President Roger 0. Paren
<br />presiding. The meeting was called to order and the Pledge to the Flag was given.
<br />ROLL CALL PRESENT: Councilmen Serge, Szymkowiak,
<br />Miller, Taylor, Kopczynski,
<br />Horvath, Newburn and Parent.
<br />ABSENT: Councilman Nemeth
<br />Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Counci
<br />Kopczynski. The motion carried.
<br />COMMITTEE OF THE WHOLE MEETING
<br />Be it remembered that the Common Council of the City of South Bend met in the Committee of the
<br />Whole on Monday, April 7, 1975, at 7:02 p.m., with eight members present and one member absent.
<br />Chairman Odell Newburn presided. He explained the procedure pertaining to the public hearing
<br />portion and Council portion of the meeting. He asked that everyone speaking refrain from using
<br />personalities in their presentations.
<br />Councilman Taylor requested that items A and B be considered together as they both concerned the
<br />police merit plan and commission.
<br />ORDINANCES
<br />AN ORDINANCE ESTABLISHING A MERIT SYSTEM OF
<br />PROMOTIONS FOR THE BUREAU OF POLICE OF THE
<br />CITY OF SOUTH BEND
<br />and
<br />AN ORDINANCE ESTABLISHING A MERIT PLAN STUDY
<br />COMMISSION.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Councilman Taylor, Chairman of the Public
<br />Safety Committee, made the presentation for the ordinances. He stated that, by allowing partisan
<br />politics to determine police positions, police professionalism and merit promotion have been made
<br />virtually impossible. He talked about the spoils system in South Bend, and indicated that the
<br />policemen soon find that success depends not on meritorious police work but on political ties and
<br />campaign services rendered. He felt emphasis on political maneuvering would not make for good
<br />police management for South Bend and it was totally unfair to the policemen. For these reasons,
<br />consideration of a merit plan had been given. Many meetings had been held and input had been
<br />received from 50 to 60 persons, including policemen, city administration, councilmen, crime
<br />commission members and the general public. He stated that the merit plan being proposed had been
<br />designed specifically for South Bend, and it would lead to a more efficiently - run police depart-
<br />ment. He urged the Council's support of the measure. He stated that the Council's attorney, Mr.
<br />Dempsey Cox, and the City Attorney, Mr. James Roemer, were present to answer any technical
<br />questions which might arise. He stated that the merit plan being considered was legal and did
<br />not, in any way, violate state law. He felt the ordinance was a part of criminal justice reform,
<br />and he briefly talked about the changes to be made in the criminal justice system. He felt the
<br />proposed merit plan was part of that reform. He stated that the merit system was being compared
<br />to the political spoils system. He indicated that implementation would take a considerable lengt
<br />of time and the ordinance set forth an effective date of 1976 for that reason. The entire year
<br />would be used as a testing year, and all examinations would be conducted at the end of the year
<br />in order that the merit plan could become effective on January 1, 1977. The system of promotions
<br />would include the rank of captain, and the Mayor would maintain the responsibility of naming the
<br />Police Chief and assistants to the chief. He explained that the Merit Plan Study Commission
<br />would set up the testing procedures to be used in 1976. The commission would be a nine - member
<br />commission with three members appointed by the Mayor, Common Council and Bureau of Police.
<br />Council President Parent stated that the effort to establish the plan had been very bi- partisan.
<br />He thanked Councilman Taylor and the attorneys for spending a great deal of time preparing the
<br />ordinance. He urged that the Council pass the ordinance unanimously. Councilman Kopczynski made
<br />reference to paragraph b of Section I of the proposed merit plan. He stated that he would like t
<br />see the Mayor's appointments to the Merit Board reduced to one because of the jurisdiction of the
<br />Board of Public Safety, with the Council's appointments being increased to two. He made such a
<br />motion, seconded by Councilman Szymkowiak. Councilman Taylor stated that the Board of Public
<br />Safety would not be acting upon promotions but would be handling all cases dealing with exacting
<br />fines, punishment and dismissal of any member in violation of the rules and regulations of the
<br />Bureau of Police. He indicated that this was provided for in the statutes. He indicated that th
<br />Mayor's Office had the job of execution and must see that the department was run properly. He
<br />stated that the five -man merit board would successfully keep influence away from any one particu-
<br />lar body, and he felt the Mayor should appoint two members; likewise, the Bureau of Police.
<br />Council President Parent indicated that one of the elements in the proposal was that it seemed to
<br />be accepted by the policemen. He felt the Council should stay with the essence of the matter
<br />because of the acceptance shown by the Police Department. Councilman Kopczynski was still of the
<br />opinion that the Council should appoint two members because a better cross section on the board
<br />would be received. Councilman Szymkowiak agreed with Councilman Kopczynski, and he stated that
<br />the Council should have the equal amount of voice in the matter as the Police Department. Mr.
<br />Michael Carrington, Public Safety Director, complimented all those involved in reaching a proposa
<br />on the merit plan. He felt the ordinance as written was a very substantial document in that it
<br />was designed specifically for South Bend. He indicated that he would be against the proposed
<br />amendment. Councilman Szymkowiak wondered what would happen if the state passed a merit plan tha
<br />called for appointment of two members by the city council. Mr. Carrington felt that matter shoul
<br />be considered at that time, if it was ever.proposed. He felt it was inappropriate for the Counci
<br />to carry greater weight on the appointments. Councilman Kopczynski felt that too much power
<br />vested in one individual has proven to be bad for a city. Councilman Taylor felt the proposal
<br />weakened the Mayor's position if compared to the spoils system which was in existence, and he
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