HomeMy WebLinkAbout20-22 Homeless Crisis .: oUTx ....... Filed in Clerk's Office
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CITY OF SOUTH BEND
MAYOR JAMES MUELLER
OFFICE OF THE MAYOR
July 16, 2020
Dear Councilmembers,
As you know, there remain questions about the passage of Bill 20-22. With no mention of a vote
by acclamation in the municipal code, Robert's Rule of Order' provides that a vote by
acclamation is a form of unanimous consent. The motion to pass Bill 20-22 by acclamation failed
because there was opposition to the motion. No subsequent motion on Bill 20-22 was made prior
to the 5-4 roll call vote in favor of the resolution.
Whether or not the Common Council passed this resolution in full accordance with proper
procedure, I am returning this bill unsigned. In the Statement of Administration's Position that
was filed with the Clerk and shared with Council prior to the vote, several critical issues were
raised. Chief among them were the calls in the resolution to exceed my legal authority as Mayor,
in addition to inappropriate encroachments on our respective roles. Approving the language in
this resolution forces a choice between supporting an overreach of legal authorities or ignoring
the text contained within the resolution. Neither choice is acceptable. We must meet a higher
standard for legislation, even non-binding resolutions. I cannot approve legislation based on
intent over the actual text.
While I fully support acting as swiftly as possible and working together as a community
toward sustainable solutions for our homeless neighbors, I am vetoing Bill 20-22 for the
reasons stated above.
Sincerely,
/ JLA
James Mueller
1 Section 2-9 of the South Bend municipal code establishes that "[t]he most recent edition of Robert's Rules of
Order shall be the authority on all questions of parliamentary law and procedure not specifically covered by this
article."
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