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HomeMy WebLinkAboutRecommending that Personnel Polices and Procedures be Developed for Elected Officials, City Clerk and Common Council Which reflect best practicesAttes RESOLUTION 4381 -14 Passed by the Common Council of the City of South Bend, Indiana August 11, 14 20 . Presented by me to the Mayor of the City of South Bend, Indiana August 12, 20 14 %:Z�l City Clerk ident of Common Council Approved and signed by me � -�4 �'-V ( Z ` 20— t . City Clerk rhK�Y RESOLUTION NO. Id U f BILL NO. 14 -75 as amended A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RECOMMENDING THAT PERSONNEL POLICIES AND PROCEDURES BE DEVELOPED FOR ALL CITY OF SOUTH BEND ELECTED OFFICIALS — WHEMAX- -04, THE CITY , f j CLERK AND THE COMMON COUNCIL -- WHICH REFLECT BEST PRACTICES 19 6ead, the South Bend Common Council acknowledges that Indiana Code § 2- 7 -1 -14 defines "public official" as "an individual who holds office in the executive, judicial, or legislative branch of the state or federal government or a political subdivision of either of those governments and includes an official or employee of a state educational institution "; and 60", the South Bend Common Council acknowledges that Indiana Code § 36 -4 -7 -2 defines "compensation" as the "total of all money paid to an elected city officer for performing duties as a city officer, regardless of the source of funds from which the money is paid "; and 63� the Common Council further notes that Indiana Code § 36 -4 -7 -2 authorizes the city legislative body to fix the annual compensation of all elected city officers by ordinance; and G,)icaae, the Council acknowledges that the Internal Revenue Code sets forth withholding requirements for taxable fringe benefits; however the amount and types of such benefits as well as types of leaves vary from municipality to municipality; and 6 ", on March 1, 2014, the Internal Revenue Service updated provisions addressing the "Classification of Elected and Appointed Officials" and noted in part that: "Although there is no precise definition for the term `public official' or `public officer', the courts have generally held that anyone who exercises significant authority pursuant to public laws is a public officer. This includes any official who administers or enforces public laws, whether the individuals is elected by the public or appointed to an office"; and G,lyf to further complicate matters, federal and state laws govem some leaves, but not all, and no "established answer" could be given by the Indiana Association of Cities and Towns (IACT) with regard to policies governing various leaves for elected public officials; and G)f , many communities, like the City of South Bend, have not specifically addressed personnel policies governing their elected public officials; however, it is noted in Chapter 2.165 entitled "General Employment Provisions" of the Evansville, Indiana, Municipal Code, the following definition is codified as Section 2.165.040: "Definition of employee. As used in this chapter, the term `employee' shall mean persons in the employ of the city and all elected officials of the City "; and Resolution Requesting Personnel Policies & Procedures for Elected Public Officials Page 2 QhCrwd, fair, reasonable, clear and consistent personnel policies foster a more efficient and productive overall work force, especially when compensation and monetary fringe benefits of city employees as well as elected public officials are paid for by public tax dollars; and 6W, there is a need for a detailed and comprehensive review by both the legislative and executive bodies of the City of South Bend, so that personnel policies for elected city officials can be developed which address items not specifically addressed by applicable state or federal law. Section I. The Common Council of the City of South Bend, Indiana, believes that sound and fair personnel policies governing city elected public officials would be in the best interests of the city. Section II. The Common Council therefore believes that the Council, in collaboration with the City Administration should develop draft policies and procedures for elected public officials which address those items which are not currently governed by state or federal laws. Section III. The Council therefore recommends that the City's Human Resources Director, a representative of the Department of Law, and the Council Attorney be requested to provide a preliminary draft of personnel policies and procedures for the Mayer, the City Clerk and the Common Council which are not otherwise addressed by applicable state of federal law and which represent best practices; with such draft being submitted to these elected city officials within forty -five (45) days from the adoption of this Resolution. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. n l bull` District Member at Large Derek D. Dieter, Council Member at Large ,QVIAredthis I day of August, 2014, by a vote of ) )-a Ny'ktedthis _ day of August, 2014, by a vote of Resolution Requesting Personnel Policies & Procedures for Elected Public Officials Page 3 ✓�elG• John Voorde, City Clerk 1rr&ritedby me to the Deputy Mayor of the City of South Bend, Indiana, on the ( &-day of August, 2014, at C, 3' o'clock L. m. Janice alboom, Deputy City Clerk xoaedand �ilywed by me on the I1 -kt'\ day of August, 2014, at 3'.1- o'clock P m. •lfark Neal, Deputy Mayor City of South Bend, Indiana `J4`SENYED rj l J COT. AP?4OWL x;rop'i* g 1 Ind CL S- A-e °',,,%..OA Filed in Clerk's "5 AUQ 12 Zull4 5 CITY CLE HN VOO RK SOUih 63a,a. 9P1 E TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RECOMMENDING THAT PERSONNEL POLICIES AND PROCEDURES BE DEVELOPED FOR ALL CITY OF SOUTH BEND ELECTED OFFICIALS- THE MAYOR, THE CITY CLERK AND THE COMMON COUNCIL — WHICH REFLECT BEST PRACTICES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as amended by taking out the word "all and "the Mayor" in the title and taking out the words "the Mayor' in Section III. This bill was heard by the Personnel & Finance Committee. Valerie Schey Chairperson, Committee of the Whole Oliver J. Davis President Derek D. Dieter Vice - President Valerie Scbey Chairperson, Committee of the Whole Tim Scott First District City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 August 6, 2014 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http: //w ..southbendin.gov We are submitting the attached Resolution in the interest of developing fair and consistent personnel policies /procedures for all city elected officials, which are not currently addressed by applicable state or federal laws. Henry Davis, Jr. As elected public officials, we strive to work for the public good and in the best Second District interest of the City of South Bend. In this way, we help build public confidence in the integrity of city goverment, and its effective and fair operation. Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large When reviewing some of the governing laws, it is apparent that the Indiana General Assembly has addressed such things as an absence or illness of a Mayor or his/her inability to discharge his/her powers and duties in Indiana Code § 36 -4- 5-8, and when the office of the executive becomes vacant in Indiana Code § 36 -4- 5-9. Such specificity does not exit however for the City Clerk or the Common Council. Additionally, there appear to be other personnel areas which may not be addressed for all city elected officials. We are therefore requesting that formal recommendations be developed, which would be based on best practices, for all city elected public officials not currently addressed by federal or state law, or governing case authority. Public discussion on such recommendations would then take place, which would ultimately result in policies /procedures reflecting the stewardship of the public to which we serve. Thank you. Karen L. White ince La At Large v Dr. David Varner 5` istrict Con it mb Karen L. White Council Member at Large -> Tim Scott 15 strict Member Derek D. Dieter Office i -� 2014 jOHN VOORDE CITY CLERK, SOUTH BEND, IN