HomeMy WebLinkAboutSupporting the South Bend Human Rights Commission in its decision to pursue legal remedies challenging the decision in the court of appeals of Indiana that local human rights commissions have limited powersAttest:
RESOLUTION
NO. 592 -77
Passed by the Common Council of the City of South Bend, Indiana,
Attest:
October 24
19 77 .
ity Clerk
Presented by me to-the Mayor of the City of South Bend, Indiana
October 25 19 77
n
t of Common Council.
City Clerk
Approved and signed by me a S 19��.
Mayor
RESOLUTION NO. 6-,f ?- 77
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, SUPPORTING
THE SOUTH BEND HUMAN RIGHTS COMMISSION IN
ITS DECISION TO PURSUE LEGAL REMEDIES
CHALLENGING THE DECISION IN THE COURT OF
APPEALS OF INDIANA THAT LOCAL HUMAN
RIGHTS COMMISSIONS HAVE LIMITED POWERS
WHEREAS, the Court of Appeals of Indiana has issued an
opinion limiting the powers of local Human Rights Commissions
in the State of Indiana; and
WHEREAS, the Human Rights Commission of the City of
South Bend, Indiana, does not support that decision; and
WHEREAS, said Commission would like to challenge that
decision through the appellate court system; and
WHEREAS, the Common Council is supportive of the efforts
of the Human Rights Commission.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of
the City of South Bend, Indiana:
SECTION I. That the following account be reduced in the
amount set opposite said account, to -wit:
ACCOUNT NO.
.0230.0
.0215.0
.0212.0
DESCRIPTION
Instruction
Car Allowance
Postage
AMOUNT
$4,489.70
700.00
38.85
SECTION II. That the following account be increased in
the amount set opposite said account, to -wit:
ACCOUNT NO.
.0274.0
DESCRIPTION
P24OUNT
Legal Services $5,228.55
That the transfer of funds set forth in Section I and Section II
of the Human Rights 706 federal grant are necessary for the purpose
of retaining the services of an appellate attorney. An extraordinary
emergency is declared to exist concerning the foregoing transfer,
and it is in the best interest to do so.
SECTION III. This resolution shall be in full force and ef-
fect from and after its passage by the Common Council of the City of
South Bend.
Member of the Common Council
PRESE ^!TED /0 - a Y- ? ? FILED IN CLERK'S OFFICE
NOT
' + s i 197
ADOPTED 7
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Thomas J. Brunner, Jr.
City Attorney
Robert M. Parker
Chief Deputy
South Bend Common Council
County -City Building
4th Floor Council Chambers
South Bend, Indiana 46601
Dear Council Members:
October 19, 1977
219/284 -9241
As you know, a recent decision by the Court of Appeals of
Indiana in the case of Indiana University vs. Ieva Hartwell held
that the statutory section of the Indiana Code establishing local
Human Rights Commissions is unconstitutional because of the improper
delegation of powers by the legislature to those commissions. The
South Bend Human Rights Commission is a commission that has been
established under that section and thus is affected by the decision.
The Commission will soon be limited in its ability to proceed with
business as usual in its investigation and resolution of cases filed
with it alleging discrimination.
The Commission has available sufficient funds from a federal
grant by the Equal Employment Opportunity Commission to hire an
appellate attorney to challenge that decision in the Indiana Supreme
Court. The resolution accompanying this letter is designed to effect
the appropriation of $5,228.55 from that grant for this purpose.
However, because there is only a short time during which the
brief for the court may be written, the Human Rights Commission is
seeking a committment from the Council in the form of the resolution
also accompanying this letter.
Your attention to this matter is appreciated.
Very truly yours,('
�Y
Virgi 'a Chism
Acting Director
South Bend Human Rights Commission
VS /klh
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