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- - MINUTES. <br />Be it Remembered that the Common Council of the City of South Bend, Indiana met in Spec <br />Session in the Council Chambers in the City Hall, Vand Wednesday evening June 7th, 1933 at <br />the hour of # 7 :30 o'clock P.' M-., All Members present.' President Nelson presided. - <br />STATE OF INDIANA• CALL FOR SPECIAL MEETING <br />ST. JOSEPH COUNTY SS: OF THE COMMON COUNCIL <br />CITY OF SOUTH BEND <br />Totthe Members of_the Common Council of the City of South Bend, Indiana: <br />You are hereby notified that under and by virtue of the authority by law vested in us as <br />Councilmen of the City of South Bend, of the State of Indiana, a Special Meeting of the Oommo <br />Council of said City is hereby called for 7y00 o'clock P.'M.,-on Wednesday, June 7th, 1933, ox <br />soon thereafter as convenient for the purpose of Receiving a Report of the Committee of the <br />Whole and for third reading and action of am ordinance, which ordinance title is as follows: <br />AN ORDINANCE FIXING THE SALARIES OF CERTAIN CITY OFFICIALS AND EMPLOYEES OF THE <br />MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND REPEALING ALL ORDINANCES AND PARTS OF <br />ORDINANCES IN CONFLICT THEREWITH. <br />Dated this 7th day of June, 1933' <br />J.' C• Hiss <br />John 0. Nelson <br />Andrew M. Rokop <br />Geo. W. Goetz <br />Stephen 0. Grzeskowiak <br />Members of the Commdin Council <br />of the City of South Bend, Ind.' <br />COUNTERSIGNED: (OFFICIAL SEAL ) <br />Gladys M.' Monroe <br />CITY CLERK <br />This writ came to hand this 7th day of June, 1933, and I served by reading the same to <br />each Councilman upon the date designated, as follows: <br />Irvin W.'Oripe on June 7th, 1933, <br />and by leaving a certified copy thereof at the last and usual place of residence of such <br />members as I was unable to find, as follows: <br />George Hull on -HJune 7th, 1933• <br />George Goetz on.June 7th, " <br />John Nelson n 7th, <br />Andrew Rokop 9 a 7th, <br />Earl S. Gustin 7th2 " <br />Glen Oakley a p 7th, « <br />Grover Whiteman n n 7th, <br />J. Altfeld a 7th, n <br />S. C rzeskowiak „ 7th, <br />J` aworski a 7th, <br />John_ -0:' Hiss N " 7th, " <br />Dated this 7th day of June, 1933' <br />E.' Re Butz <br />Member of South Bend Police Force.' <br />The Report of the Call for Special Meeting was accepted by the Council. <br />REPORT OF COMMITTEE OF THE WHOLE. <br />To the Common Council of the City of South Bend: <br />Your.COmmittee of the Whole to whom was referred An Ordinance fixing the Salaries of <br />certain City officials and employees of the Municipal City of. South Bend, Indiana, and Repeali <br />all Ordinances and parts of Ordinances-in conflict therewith" Respectfully reportnthat they <br />have examined the matter, and that in their opinion the said Ordinance should be reported <br />Favorable* Jnoo C. Hiss., Ohairman. The report was accepted by the Oouncil. <br />ORDINANCE NO. 30220 <br />An Ordinance Fixing the Salaries of certain City Officials, and employees of the <br />Municipal City of South Bend, Indiana, and Repealing all Ordinances and parts of Ordinances <br />in conflict therewith:' <br />The Ordinance was given its third reading by title, and was placed upon t its passage and <br />Passed by the following vote: Nelson, Whiteman, Rokop, Goetz, Jaworski, Altfeld, Hiss, and <br />Grzeskowiak. voting Aye Hull, Oakley Cripe and Gustit voting Nay. Ayes B , Nays 41 Ordinance <br />adopted.' <br />REPORT OF THE COMMITTEE OF THE WHOLE. 1933•' <br />South Bend, Indiana. June 7, <br />To the Common Council of the City of South Bend: <br />The Ways and Means Committee makes the following additional report on account of certail <br />misunderstanding having arisen from the fact that our report to the council of last Monday eve <br />and the ordinance accompanying the same, proposed to reduce all, salaries by ordinance alone ai <br />not by resdlution requesting in some cases voluntary reduction.' <br />Your committee made its report advisedly. It proposed that reductions be accomplished b; <br />ordinance alone after receiving advice from some of the best legal sources in the city*' <br />The authority for making reductions by ordinance is found in Section 3, page 273, of the <br />Acts of the special session of the legislature of 1932. This section provides that the reduc <br />made mandatory by other sections of the same Act are to be consdidered as maximum salaries, <br />that „lesgally constituted authority having the power to fix salariesv may fix the salaries i <br />a lesser amount than presncribed by the Act " subject to the jurisdiction of such legally <br />constituted authority." <br />Our advice is to the effect that the common council has sole and complete authority and <br />jurisdiction, if it chooses to sszt exercise its in the matter of fixing salaries of all off <br />and employees of the city, limited only as to amount of salary in some cases, except that it <br />certain n officers whichyauthority isevested- solely works <br />the <br />probation officer, Y <br />Clause 2, of the Revised Statutes.of 1926: - <br />According to such advice said Section 3 furnishes the council full authority to modify o <br />( See page 199 <br />a } <br />ing, <br />t <br />era <br />s <br />.I <br />