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LEGAL DEPARTMENT 2016 ANNUAL REPORT
Excellence I Accountability I Innovation Inclusion I Empowerment
MISSION
The Legal Department provides quality legal representation to the City of South Bend's Mayor, departments,
commissions and agencies with a dedicated and professionally-skilled staff, efficiently and cost effectively,in
furtherance of the City's strategic goals,and preserving the legal and ethical integrity of the City. The services
of the Legal Department are most directly tied to the City's core value of being a Well-Governed and
Administered City.
2016 HIGHLIGHTS
Well-Governed and Administered City
• Great Employer with Great Employees
The Legal Department is comprised of diverse and talented attorneys and staff members in an
environment in which equality with regards to gender, race, and age are indicative of a strong
commitment to the 00's core values of inclusion and excellence.
Fraternal Order of Police (FOP) Contract
Successfully negotiated a new four-year contract with the FOP, collaborating with SBPD,Common
Council,and the FOP.
Teamsters Bargaining Agreement
Successfully negotiated the Teamsters Bargaining Agreement, resulting in a consistent, positive
working relationship between the Union and the City for the next four years at mutually beneficial
rates.
Filed in Clerk's Office
MAY 1 '7 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
CITY OF SOUTH BEND LEGAL DEPARTMENT
ANNUAL REPORT—2016
• Enduring Financial Strength
Collections Practice
In the third year of its partnership with a local law firm specializing in collections, the Department
collected over $455,000 in obligations owed to the City. Total collections have increased from
$171,829 in 2014 to $455,206 in 2016, an increase of approximately 165% over the past two years.
City of South Bend Collections
$500,000.00
$450,000.00
$400,000.00
$350,000.00
$300,000.00
$250,000.00
$200,000.00
$150,000.00
$100,000.00
$50,000.00
Total Property EMS Code
Collections Damage Enforcement
■2013 ■2014 2015 ■2016
Subrogation Practice
In the third year of the Department's newly-created Claims Administrator position, the
Department collected$132,051 owed to the City for property damage.
Subrogation
180,000.00
160,000.00
140,000.00
120,000.00
100,000.00
80,000.00
60,000.00
40,000.00
20,000.00
0.00
2012-2014 2015 2016
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CITY OF SOUTH BEND LEGAL DEPARTMENT
ANNUAL REPORT—2016
Economic Development Investments
Counseled and represented the Department of Community Investment with economic
development projects that attracted$261 million of private investment to the City in 2016.
Pokagon Band
Successfully negotiated and reached two separate agreements with the Pokagon Band of
Potawatomi Indians and the Pokagon Gaming Authority, resulting in a guaranteed annual $2
million in City revenue and an estimated $5 million community donation impact.
1.Water and Sewer Agreement
The City received$400,000 to assist with replacing and upgrading the Calvert Street
Lift Station in exchange for the extension of City water and sewer services for the
initial and build-out phases of the Pokagon site.
2. Local Agreement
The City will receive payment in lieu of taxes in the form of two percent of net
win and a minimum guarantee of$2 million annually for class II gaming.
The Pokagon Band has agreed to sponsor a number of community projects,including
$5 million in funding for the following initiatives:
• Bowman Creek Project
• Boys and Girls Club of St.Joseph County
• Food Band of Northern Indiana
• Howard Park Improvements
• Jobs for America's Graduates -Indiana
• Memorial Children's Hospital
• Prairie Avenue Landscaping
• Prairie Avenue Resurfacing
• South Bend Community Schools
• YMCA Women's Shelter of South Bend
• Reliable Compliance with Regulations and Well-Managed Risk
Claims Defense Strategy
The Legal Department formally responded to 160 claims in 2016.
There were$5 million in damages claimed against the City in 2016.
The City paid$187,785.68 in 2016 for claims arising in and prior to 2016.
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CITY OF SOUTH BEND LEGAL DEPARTMENT
ANNUAL REPORT-2016
The City settled ten lawsuits in 2016, for a total cost of $150,788. This figure represents a
significant decrease since 2013.
The expenditure from Liability Fund 226 has decreased steadily since 2013 due to:
• Proactive claims investigation and evaluation;
• Interdepartmental information sharing and best practices coordination;and
• Vigorous defense litigation.
Trends in Liability Fund 226
$1,600,000.00
$1,400,000.00
$1,200,000.00
$1,000,000.00
$800,000.00
$600,000.00
$400,000.00
$200,000.00 ■ ■ ■ .
$0.00 -
2013 2014 2015 2016
■Total Fund Payout ■Lawsuit Settlements ■Liability/Tort Settlements
Smart Streets
Successfully negotiated Smart Streets right-of-way acquisitions, resulting in timely
groundbreaking and project kickoff,including ADA compliance with the project.
SBPD Duty Manual
Spent hundreds of hours developing a new SBPD Duty Manual,which reaches top industry
standards in officer training tracking and community relations.
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CITY OF SOUTH BEND LEGAL DEPARTMENT
ANNUAL REPORT—2016
• Excellent Services and Efficient Processes
Access to Public Records Act (AP" Requests
Processed 1,809 public records requests in 2016,bringing the Administration total to 9,722 at
the end of 2016.
■ 2012 1,911
■ 2013 2,301
■ 2014 1,913
■ 2015 1,788
■ 2016 1,809
Administration Total: 9,722
Coordinated APRA and Open Door Law City-wide training session with the State Public
Access Counselor and met with individual departments to review APRA policies.
Ticket Appeals
Resolved 456 ticket appeals in 2016.
• Model of our Values (Excellence, Accountability, Innovation, Inclusion, and
Empowerment)
Diversity and Inclusion Executive Order
Collaborated with the Mayor's Office in drafting Executive Order 01-2016, Establishing a
City-Wide Diversity and Inclusion Initiative. This Order establishes and memorializes the
Administration's commitment to working to incorporate historically underrepresented and
underserved groups and persons and outlines the City's policy, goals, plans, and
responsibilities with regards to Diversity and Inclusion.
City of South Bend Identification Cards and Executive Order
Developed the legal framework for the creation of the City of South Bend Identification Card
program.Through this program,the City recognizes identification cards issued by La Casa de
Amistad to ensure that all residents have access to City services and programs, fostering
inclusion and empowerment and building a sense of community for all City of South Bend
residents. The Legal Department also drafted Executive Order 02-2016, Establishment of a
City-Recognized Identification Card Program in Furtherance of the City's Diversity and
Inclusion Initiative.
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CITY OF SOUTH BEND LEGAL DEPARTMENT
ANNUAL REPORT—2016
• Robust Physical and Technological Capital Assets
University of Notre Dame Hydroelectricity Project
Negotiated the ground lease with the University of Notre Dame for the Hydroelectricity
project executed in December 2016.
Sewer Compact Fees Ordinance
Successfully drafted and passed the Sewer Compact Fees Ordinance,overhauling compact
fees and replacing such fees with a System Development Charge.
INDOT Street Relinquishment Agreement
Negotiated and finalized the Street Relinquishment Agreement with INDOT, securing $4.1
million in street funding for fiscal year 2018.
Dog Park
Drafted the City's first dog park lease,leading to the successful opening of the City's first dog
park.
• Effective, Responsive Leadership and Communication
The Legal Department attorneys regularly counsel and advise their respective clients, which
are comprised of the various departments that make up the City of South Bend.This valuable
service is provided in-house at no hourly charge to the City and results in effective
interdepartmental collaboration and joint accomplishments, driven by highly responsive and
accessible legal counsel.
2017 STRATEGIC GOALS
The City's Core Values provide a clear lens through which to view the effectiveness of our legal
representation and client services, and their application helps us to evaluate and improve our
department performance. Overall, our team is strong. We are confident in each other's abilities and
we are equally confident in our department's leadership driving us to achieve success. Our department
benefits substantially from our diverse personal and professional experiences, and working for the
City is truly a unique experience that rewards professionalism,ingenuity,and hard work with a warm
atmosphere that is reflective of our collective personality. We are extremely accountable and
innovative in handling the issues that arise. Given the nature of our work,we are very inclusive, and
will continue to involve our clients and encourage communication across departments and with the
community.To that end,the Legal Department will:
• Continue to support a department culture of proactive,energetic,client-focused planning and
performance;
• Support City policy and legislative interests at the regional, state,and national levels;and
• Continue to demonstrate a diligent and resolute litigation strategy that supports the ability of
the City to deliver good government and allows residents to live a safe, healthy, meaningful
life in South Bend.
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