07-26-76 Council Meeting Minutes

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REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Bruce Wood, 225 E. Navarre, spoke about whether or not we would receive more qualified employees by making them live within the City. Council President Parent indicated that the thrust of the total ordinance is what has to be looked at, and that city employees who live in the city know more about the city and how it works. He said if the Council is not going to be pro -city, then who will be. Mrs. Jane Swan, 2022.Swygart, said she had been waiting for a long time for this ordinance. She said she wanted to ask Mr. Ambler if the people he represented think living in South Bend is some kind of punishment. She gave her definition of a non - resident city employee. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated they supported this ordinance, and it appeared that a number of employees of the City have not volunteered to be loyal to live within. He said they hoped this ordinance would be passed and enacted as it stands. Mr. Victor Zielinski, 1625 N. Brookfield, indicated he thought the ordinance should be passed as it is. Division Chief Terry, of the Police Department, indicated that all police officers living out- side the City did not require long distance phone calls to reach them. He indicated he did not feel it was right that he could not move outside of the City if the proposed ordinance is passes Council President Parent indicated that living within the city has its advantages and we have not sold our city hard enough. He said this ordinance has nothing to do with services on a contractual basis, and that it would not affect recruiting employees because there is a six month requirement in which they can move into the City. Council Member Serge indicated he had received telephone calls from different groups regarding the gradfather clause and future employees. Council Member Miller said he would have to speak against the ordinance, because of the possiblE problems created if the ordinance was passed. He said at the same time we restrict the employeE we also restrict the spouse. He said he felt the solution to this problem would be resolved if the Mayor would make it a policy to hire only South Bend residences. He indicated he thought the ordinance was a little restrictive. Council Member Adams indicated she had to disagree with Councilman Miller. She said the Council can not give up their responsibility to be pro -city. She made a motion that this ordinance be sent to the Council favorably, as amended, seconded by Council Member Dombrowski. Council Member Taylor said that the ordinance gives a person six months to move into the City. He said this could cause some personal problems, and he would be happy to see a lengthening of the effective date to move into the City. He made a motion that this be changed to one year, seconded by Council Member Miller, Council Member Dombrowski indicated he would have to differ with this amendment because he has never seen any company give an employee even six months to move. Council President Parent indicated that he thought nine months would be better, but he thought six months was sufficient. He indicated that the Mayor could control this to a degrE but only to a degree, because he would not have any control over an employee moving after they were hired. A roll call vote was taken on the motion to change to one year. The motion lost on a vote of two ayes (Council Members Miller and Taylor) and six nays (Council Members Serge, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Taylor made a motion to change this requirement to nine months, seconded by Council Member Miller. The motion lost on a roll call vote of four ayes (Council Members Miller Taylor, Horvath and Parent) and four nays (Council Members Serge, Kopczynski, Adams, and Dom- browski). A vote was taken on the ordinance going to Council favorably, as amended, and the motion carries with Council Member Miller opposing. Council Member Taylor made a motion to recess, seconded by Council Member Miller. The meeting was recessed at 9:40 p.m., and reconvened at 9:55 p.m. ORDINANCE AN ORDINANCE AMENDING CHATER 2, ARTICLE IX, SECTIONS 2 -127, 2 -128, 2 -130, 2 -131, and 2 -132 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ORDINANCE NO. 5619 -73, COM- MONLY REFERRED TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the pre- sentation for the ordinance. He said there were certain amendments that needed to be made to this ordinance, due to certain Council objections. He said the administration supports these amendments. He said if the Commission is to have a true dignity and standing in the community it must have certain powers. He made the following amendments; SECTION I. Section 2 -130 (d) is amended to read in its entirety as follows: (d) it shall take the concurrence of a majority of the Commission membership to take legal or official action. SECTION II. Section 2 -131 (i) is amended to read in its entirety as follows: (i) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and requiz the production for examination of any books, and papers relating to any matter under investiga- tion or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena.