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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 <br />