HomeMy WebLinkAbout10082-11 Amend Code- Municipal Code Sec 2-59 Advisory Commission on Black Males O RD I NAN C E N o . �0082-��
Passed by the Common Council of the Ciry of South Bend,Indiana
April11, 20 11
Attest: Ciry Clerk
J N VO RDE
z
i
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Attest: \` President of Common Council
Presented by me to the Mayor of tlie Ciry of Sout/: Bend, Indiana
April12, 20 11
City Clerk
J N VO RDE
Approved and signed by me 20
Ma�.nr
Bill No.��-11
Ordinance Na l�o�Z-��
� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 2-59 OF THE SOUTH BEND MUNICIPAL CODE
ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES
STATEMENT OF PURPOSE AND INTENT
In 1998, the South Bend Common Council passed Ordinance�To. 8878-98 which created a 25-
member SouthBend Commission on African-American Males. It was charged with creating "practical
proposals and workable remedies in the areas of employment, education, health and criminal justice to
reduce the problems which African-American males face".
The South Bend Commission on African-American Males was also charged with working
closely with the Indiana Commission on the Social Status of Black Males which was created by the
Indiana General Assembly in 1993.
Unfortunately, the local Commission has met on a very limited basis. Part of the problem was
that the membership number proved to be too large. A quorum problem resulted both of the
Commission and its various committees.
The following ordinance is aimed at stream-lining the 1998 ordinance, so that it can be more
effective. It also sets forth specific duties and responsibilities so that it has the opportunity to work
closely with the Indiana Commission on the Social Status of Black Males. This ordinance is believed
to be in the best interests of the City of South Bend.
�, ��'�e, �e� ��r�'aln� by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION L Section 2-59 of the Soirth Bend Municipal Code is amended to read as follows:
Sec. 2-59. The South Bend Advisorv Commission on Black Males.
(a) Legislative findings: � �
(1) The Common Council of the City of South Bend acknowledges that if a se�nent of our
residents and community are not doing well, that this affects the overall well-being of our entire
community.
� The 1992 Final Report of the Indiana General Assembly's Interim Study Committee set forth statistical information
Black males in America addressing among other things the effects of poverty, violence, and drug abuse resulting in
homicides, arrests, prison population, higher death rates, and overall survival. In 1993, the Indiana Commission on the
Social Status of Black Males recommended legislative remedies to address such critical social problems [Indiana Code §
12-13-12-1,et seq.]
Ordinance Amending Section 2-59 of the South Bend Municipal Code
Page 2
(2) Statistical studies detailing the status of black males reveal startling
and disturbing conditions and trends which are impeding progress toward full participation in the
mainstream of our society.
(3) Poverty, violence, drug abuse, debilitating health problems, and the under-education,
underemployment and unemployment of black males promote self-destructive
behaviors and create a myriad of community problems.
(4) There is a need in the City of South Bend to create practical proposals and workable
remedies in the areas of employment, education, health and criminal justice to reduce the problems
which black males face.
(b) Establishment, Duties and Responsibilities^�^-'�^�^�^u°�;^:
(1) The South Bend Advisory Commission on ^���^ ^-„°ri�^� Black Males is established.
(2) The South Bend Advisory Commission on Black Males shall make a systematic local study
of the following:
I. The conditions described in para�raph(a) of this section;
II. The reasons for the existence of those conditions.
(3 This Commission shall propose measures to alleviate and correct the underlyin� causes of
the conditions described in para�aph(a) of this section.
(4) This Commission mav studv other topics suggested by the Indiana Commission on the
Social Status of Black Males and topics sug es� ted by the Chairperson of the local Commission.
�5) This Commission shall receive su�gestions or comments pertinent to the issues that the
Commission studies as well as from other �overnmental a�encies, public and private or�anizations
and private citizens.
�6) This Commission shall have the authority to enter into memorandum of understandin�s
which would require approval of the Common Council, and ma�ppoint committees as needed.
(c) Relationship Between the State Commission and the Local Commission.
Principles of cooperation shall govern the relationship of the South Bend Advisory on Black Males
with the State Commission on the Social Status of Black Males. T'he State Commission and the local
Advisory Commission shall make every effort to:
(1) Assist each other to reach the common goals associated with the_purpose of this ordinance.
�2) Communicate to avoid duplication of efforts and/or interference with activities.
Ordinance Amending Section 2-59 of the South Bend Municipal Code
Page 3
(3) Exchan�e information.
�d) Commission Membership:
{-� The South Bend Advisorv Commission on Black Males shall consist of�t3�-
� fifteen 15) members. � '� � r '� " '' ' * `' '' *'' """"";'"+;""' ",�'""" �'
. who must be bona
fide residents of the City of South Bend, namely: �s-�e�ews:
�: � One(1)member of the South Bend Common Council,and one(1)member from the St.
Joseph County Council, who are not members of the same political party, and who are appointed by
their Council President;
�2� Two (2)members of the local clergv appoint bv the Common Council;
�3) The local Superintendent of public instruction or the Superintendent's desi�nee;
�4) The Director of the local Civil Rights agency or the Director's designee;
(5) The Director of the local Department of Community and Economic Development or the
Director's Designee;
�6 Two (2)business persons appointed bv the Common Council,one (1) of which must be
a minority business person;
(7) The Chief of Police or the Chiefls desi�nee;
(8) A vouth member from South Bend's Youth Advisory Council;
(9) The Mayor ar the Mayor's designee;
(10)A representative from the health care community who shall be appointed by the Common
Council;
(11) A representative involved with juvenile outreach�,rograms and/or juven'ile intervention
programs who shall be appointed bv the Common Council; and
�12)A representative of the public,who shall be appointed b,y the Common Council.
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Ordinance Amending Section 2-59 of the South Bend Municipal Code
Page 4
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�� Governing Regulations of the Commission—Terms of Of�ce, Removal, Vacancies, Offrcers
Meetings Quorum, puarterlv Updates and Annual Report:
(1) All individuals appointed shall have an active interest in addressing the overall purposes
and goals of the Commission.
(2) All members shall serve without compensation.
(3) All members shall serve for a term of two (2) years.
(4) A member of the Commission may be removed by the member's appointing authority for
absenteeism or for cause during his or her term.
(5) The appointing authority shall fill a vacancy on the Commission by appointing a new
member for the unexpired term.
(61 The Commission shall provide quarterly updates to the Communitv and Economic
Development Committee of the South Bend Common CounciL
(7) At the first meeting �� of each year, the members of the Commission shall elect
one (1) member to be the Commission's Chairperson, one (1) member to be the Commission's Vice-
Chairperson, and one (1)member to be the Recording Secretary.
Ordinance Amending Section 2-59 of the South Bend Municipal Code
Page 5
(8) The Commission shall meet on a minimum of a quarterly basis and is subject to notice of
such meetings pursuant to the Open Door Law of the State of Indiana.2
(9) Minutes of all meetings shall be sent to the City Clerk and Mayor's office within thirty
(30) days following such meeting.
(10) ���ee�l�E,i ht 8 members of the Commission shall constitute a quorum.
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� � Issue an annual written report summarizing the results of each of the above-described
duties and responsibilities, and provide recommendations for improvement. The Commission shall
submit such report to the South Bend Common Council at its first regular meeting in #�e-� May of
each year under Special Business. The City shall, at its expense, provide copies of such reports to each
Commission member, all appointing authorities, and make copies of the same available to members of
the public through the City Clerk's Office.
SECTION II. Severability: If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court of
2 Indiana's Open Door Law is set forth at Indiana Code§5-14-1.5-1 et seq.
Ordinance Amending Section 2-59 of the South Bend Municipal Code
Page 6
competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this
ordinance.
SECTION III. This ardinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
� v-�.�
�>�,� Me of the Gommon Council
hn or e, City C erk
�'xe�ent,�rL�me ta-�ie����aft/ce ��(�ir,�/��'and, �ndi.u•rx�, on the
���� day of ,�; , 2011, at ��=`( o'clock �1 . m.
� �G��ah-,
Janice lboom,Deputy City Clerk
�L.
`���ixaacr�a�zd���me on the�day of , 2011, at �7 '�.�
o'clock �, m.
L��"�`r''� �-�_
Stephen J. Luecke,Mayor,
City of South Bend, Indiana
�..
Filed tn Clerk's t��fi�� ;
�
�
MAR2 � 2i:ii
1 st R��aDl3 G 3-�_�1
PU�L�C h;��`,;:IP��G `{"l�-L, J�3F9@�4�t3'{�F`�d3� �
?rd RcA.Di���G �-(-�1-'l,1 CITYC[.��*:�.s`v4��.r1'�c'¢3Etd1f�,tl�
?JOT AR?ROVED
REFERRED
PASSEt�_ �.-L� -1 1
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
11-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING SECTION 2-59 OF
THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE
SOUTH BEND ADVISORY COMMISSION ON BLACK
MALES
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.
This bill was heard by the Community and Economic Development Committee.
Timothy Rouse .
Chairperson, Committee of the Whole
SpU T8 8�
�Q� ���lljl�l�(����'� .
�\�,� !,,�. City of South� Bend
.. \� i„ � C
�\\\�AC�/� �
� �. -� a Common Council
� 1865 � 441 County-City Building . 227 W.Jef�erson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
TDD (574) 235-5567
Derek D. Dieter MaTCh 23,2011 http://www southbendin.gov
President
Members of the South Bend Common Council
Oliver j. Da�is 4�'Floor County-City Building
Vice-President South Bend, Indiana 46601
Ann Puzzello
Chairperson, Commirree Re: Proposed Revisions to the 1998 Ordinance on the South Bend
of the Whole Commission on African-American Males
Derek D. Dieter Dear Council Members:
First District
I am sponsoring the attached proposed ordinance in the interest of updating the
Henry Davis, Jr. 1998 ordinance which established the Commission on African-American Males.
Second District
Thomas LaFouncain I have had the opportunity to meet with representatives of the State of Indiana's
Third District Commission on the Social Status of Black Males. In light of those discussions,
it is apparent that our local ordinance needs to be updated and streamlined, so
Ann Puzzello that it may become energized to carry out its mission. Currently, there are �
Fourch Discrict similar Commissions operating in Fort Wayne, Evansville, Bloomington,
Michigan City, Gary, Muncie, Anderson, Jeffersonville, and Indianapolis.
David Varner Some of the key changes recommended for your consideration include:
Fifth District
Oliver J. Da�is • Reducing the number of inembers from 25 to 15
Sixth District ,
� Having members appointed from areas which are similar to Commissions in
A1 "Buddy" Kirsics the other Indiana cities which have been more involved and focused on their
At Large mission of recommending ideas and potential remedies to address the critical
social problems facing the Black male population
Timothy A. Rouse
At Large . Developing a working relationship between the South Bend commission,
Karen L. White other city commissions, and the State of Indiana's commission
At Large
• Having a member of the Youth Advisory Council sit on the Commission.
I recommend that this Bill be sent to the Community& Economic Development
Committee for review and recommendation. I look forward to discussing this
proposed ordinance with you. Thank you.
�,..,---___-__--.-°-�
Most sincer ly, Fi��� in Co� ��' �����`
�� � ��-wLc— ... .�._ ._.xrs��-
Timothy A ouse �a � �'� `"
Council Member at Large ��Ri �: '' y�� ',
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