HomeMy WebLinkAbout05/29/07 Committee Meeting Minutes111~~,
Council Rules Committee Meeting
20D7 South Bend Common Council
The May 29, 2007 meeting of the Council Rules Committee of the South Bend Common
Council was called to order by its Chairperson, Council President Timothy A. Rouse at
3:30 p.m. in the Council's Informal Meeting Room.
Persons in attendance included Council Members Varner, White, Dieter, Kuspa, Kirsits
and Puzzello; City Clerk John Voorde, Public Works Director Gary Gilot, Bob Mathia,
Don Inks, Beth Leonard, Mrs. Kopola, Richard Hill, Martin Wolfson, Jamie Loo of the
South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney.
Council President Rouse noted that the committee members include Council Members
Kuspa, Puzzello, White, Varner and himself.
Discussion of Sec. 2-12.3 of the South Bend Municipal Code Addressing
"Procedures for Addressing Citizen Appointments:
Council President Rouse noted that at the May 14th meeting of the Community and
Economic Development Committee a waiver submitted on behalf of Baker & Daniels
was one of the items on the agenda. One of the citizen members, Phil Panzica, raised
many questions and voiced opposition to the request. President Rouse noted that a
letter was later hand-delivered from Richard Hill's office, the managing partner of Baker
& Daniels, raising concerns; with Mr. Panzica also sending a letter to the Council
thereafter. Copies of Saufh Bend Municipal Code Sec. 2-1.3 were distributed and
reviewed by the Council President. (Copy attached). He noted that the heart of the
issue was potential conflicts of issues and he then called upon the Council Attorney to
address this issue.
The Council Attorney noted that all citizen members are governed by the same Indiana
Uniform Conflict of Interest Disclosure policies and procedures as are the Council
Members. Copies of her memorandum addressing this topic were distributed along with
a copy of Form 236 entitled "Uniform Conflict of Interest Disclosure Statement" pursuant
to Indiana Cade 35-44-1-3 (copy attached) She noted that the Common Council was
proactive under then Council President Roger Parent when the citizen member concept
was first developed. Providing opportunities for more citizen involvement was one of
the driving farces behind the initial legislation. She noted that in light of Ms. Sobel's
recent letter that it is important to stress that the actions taken by the Standing
Committee's are advisory in nature, and that ali final action is taken by the Common
Council Members. She also suggested that perhaps the Council needs to be more
proactive when appointing citizen members with regard to better articulating their roles,
duties and responsibilities.
Council Rules Gammittee
May 28, 2007
Page 2
Council Member White stated that she believes that it is very important to have citizen
members on the Council's Standing Committees. She added that she would be
interested in bringing ail citizen appointment together and developing educational
forums so that there are discussions on their specific roles and responsibilities.
Council President Rouse noted that the Council relies heavily on the Office of the City
Clerk with regard to making sure that all citizen members are properly sworn in and
have the necessary documents on record. He suggested that perhaps the Clerk's
Office should provide copies of the Conflict of Interest statute along with the form at the
time of their swearing in to each citizen member.
Council Member Dieter noted that both he and Council Member Kirsits file the
necessary conflict of interest forms each year in light of their positions on the police and
fire departments.
Miscellaneous Business:
Under miscellaneous business, Council President Rouse noted that in light of the new
state law amending the Open Door and Access to Public Records which takes effect on
July 1, 2007, that he would be formally withdrawing the pending bill addressing proxy
voting procedures.
Council Member Ann Puzzello circulated a letter from Daniel F. Osberger dated May 21,
2007 (copy attached) and voiced concern. He is a Council appointment to the Century
Center Board of Managers whose appointment expires on February '1, 2009.
The Council Attorney quoted the following language from South Bend Municipal Code
Sec. 2-1.3, paragraph (h):
"All citizen appointment shall agree as a qualification for appointment
that he or she shall verbally report to the appropriate Council Committee
and/or to the Common Council under Special Business at least
once per calendar year with an overview of the items handled through
the committee, commission, or other agency on which he or she participates...."
Council President Rouse and Member Puzzello requested the Council Attorney to write
to Mr. Osberger and inform him of these responsibilities under the South Bend
Municipal Code.
Council Rules Corr~mittee
May 28, 2007
Page 3
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There being no further business to come before the Committee, Council President
Rouse adjourned the Committee meeting at 3;46 p.m.
Respectfully submitted,
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Council Preside t Timothy A. Rouse, Chairperson
Council Rules Committee
Attachments