HomeMy WebLinkAboutBill No. 20-22 Mayor Mueller StatementCITY OF SOUTHBEND
MAYOR JAMES MUELLER
OFFICE OF THE MAYOR
July 13, 2020
Filed in Clerk s ce
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CITY CLERK, SOUTH SEND, IN
STATEMENT OF ADMINISTRATION'S POSITION
Bill_ No. 20-22 — A resolution in support of declaring a state of emergency and establishing an
emergency temuorary aid and shelter program
The Administration opposes Bill No. 20-22, which would urge the declaration of a state of
emergency and establishment of an emergency temporary aid and shelter program for those
individuals experiencing chronic homelessness in our community. The Administration continues to
work with community partners to identify both short-term and long-term solutions that include the
potential establishment of a low -barrier emergency shelter outside of weather amnesty months and
making more permanent supportive housing units available for individuals experiencing
homelessness. The Administration is also forming an implementation group with Council
representatives to see how best we can fill the gaps in services for our homeless neighbors together
as a community. This resolution, while legally non-binding, is not constructive and does not offer a
viable path forward.
There is no mention of the legal authority to declare a state of emergency to address this issue. It is
not clear how the authority for the Mayor to declare a local disaster emergency (IC 10-14-3-29)
could be applied to this situation. Even if this were an appropriate application of that authority, it
would not allow for the suspension of laws and regulations called for in the resolution.
While many of the actions contained in the resolution are worthy of discussion, there is not yet a
clear consensus that these specific measures provide the best path forward. The resolution also
blurs the appropriate separation of roles between the legislative and executive branches. The
resolution not only encroaches upon executive branch roles but also asks the Administration to
overstep its authority to bypass well-defined roles of the Council and other bodies. In general, the
Administration is committed to respect and uphold the Constitution of the United States and the
State of Indiana, as well as federal, state, and local laws. Accordingly, the Administration will
oppose all such encroachments on our respective roles and encourage consultation and consensus
to the maximum extent possible to avoid the need for statements similar to this one in the future.
If the Mayor were presented with Bill 20-22, his advisors would strongly recommend that lie veto
the bill.
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