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Home My WebLink About07-27-20 Agenda Packet MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, JULY 23, 2020 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, July 27, 2020: Virtual Conference call via Microsoft Teams Join here: https://tinyurl.com/CC072720 4:30 P.M. PUBLIC WORKS AND PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Update: Solid Waste – Jitin Kain & Eric Horvath, Public Works 5:00 P.M. ZONING AND ANNEXATION CHAIRPERSON, MCBRIDE 1. Bill No. 20-23- Miami Hills Neighborhood Plan 5:30 P.M. HEALTH AND PUBLIC SAFETY CHAIRPERSON, WARNER 1. Bill No. 20-24- Naming Agent/Negotiator for the FOP Negotiations 5:40 P.M. COMMUNITY RELATIONS CHAIRPERSON, HAMANN 1. Bill No. 12-20- Citizens’ Police Complaint Board Ordinance (Update) Council Vice President Karen L. White has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL VICE PRESIDENT, K. WHITE 1. Discussion of Council Agenda 2. Veto of Bill No. 20-22 3. Update and Announcements 4. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, July 27, 2020 7:00 P.M. ***Due to the Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be legally held by way of a virtual meeting by using Microsoft Teams app. Public access to the meeting can be granted by this link: https://tinyurl.com/SBCC072720 1. INVOCATION – APOSTLE CHARLES AND BETTY HARRIS, NEW LIFE CHURCH 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS BILL NO. 20-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDRESSING THE EMERGING HOMELESSNESS CRISIS, STRONGLY ENCOURAGING MAYOR MUELLER TO PROMPTLY PREPARE AND PRESENT TO THE COMMON COUNCIL AN EMERGENCY TEMPORARY AID AND SHELTER PROGRAM TO RESPOND TO THE EMERGING HOMELESS CRISIS, AND TO PREPARE AN ORDINANCE DECLARING A STATE OF EMERGENCY RELATING TO THE CURRENT HOMELESS CRISIS, AUTHORIZING THE SUSPENSION OF CERTAIN REGULATIONS TO FACILITATE THE EMERGENCY TEMPORARY AID AND SHELTER PROGRAM, AND PROVIDING FOR APPROVAL OF SUCH EMERGENCY SERVICES CONTRACTS AS ARE NECESSARY TO SUPPORT THIS PROGRAM 6. REPORTS FROM CITY OFFICES MAYOR JAMES MUELLER, COVID-19 RELATED UPDATE 7. COMMITTEE OF THE WHOLE BILL NO. 12-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING ARTICLE 1, DIVISION 2, SECTIONS 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A CITIZENS’ POLICE COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD 8. BILLS ON THIRD READING BILL NO. 12-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING ARTICLE 1, DIVISION 2, SECTIONS 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A CITIZENS’ POLICE COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD 9. RESOLUTIONS BILL NO. 20-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE MIAMI HILLS NEIGHBORHOOD PLAN 20-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT / NEGOTIATOR AND AN ADVISORY COMMON COUNCIL NEGOTIATING TEAM TO REPRESENT THE COMMON COUNCIL FOR THE UPCOMING SOUTH BEND FRATERNAL ORDER OF POLICE LODGE #36 NEGOTIATIONS 10. BILLS ON FIRST READING BILL NO. 31-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1206 & 1214 MEADE ST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 32-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2046 E SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS APPEAL OF THE DENIAL OF A CERTIFICATE OF APPROPRIATENESS, COA#2020-0302 ENTITLED NORTHERN INDIANA HISTORICAL SOCIETY INC. V. SOUTH BEND HISTORIC PRESERVATION COMMISSION ELECTION OF COMMON COUNCIL OFFICERS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Jake Teshka, Chairperson Karen L. White, Member Rachel Tomas Morgan, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Lori Hamann, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Karen L. White, Member Jake Teshka, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Troy Warner, Chairperson Rachel Tomas Morgan, Member Sharon L. McBride, Vice-Chairperson Sheila Niezgodski, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Henry Davis, Jr., Member Lori Hamann, Vice-Chairperson Troy Warner, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Jake Teshka, Member Troy Warner, Vice-Chairperson Lori Hamann, Member 2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Rachel Tomas Morgan, Member Jake Teshka, Vice-Chairperson Sheila Niezgodski, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Troy Warner, Member Henry Davis, Jr., Vice-Chairperson Lori Hamann, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Sheila Niezgodski, Vice-Chairperson Sharon L. McBride, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Jake Teshka, Vice-Chairperson Sheila Niezgodski, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Sharon L. McBride, Chairperson Rachel Tomas Morgan, Member Sheila Niezgodski, Vice-Chairperson Lori Hamann, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Karen White, Member Jake Teshka, Member 2020 COMMON COUNCIL STANDING COMMITTEES (Rev.07-09-20) CANNETH LEE, 1ST District Council Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member SHARON L. MCBRIDE, 3rd District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Community Investment Committee, Member Zoning & Annexation Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Vice-Chairperson TROY WARNER, 4TH District Council Member Health & Public Safety Committee, Chairperson Public Works & Property Vacation, Member Community Relations Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson JAKE TESHKA, 5TH District Council Member Community Investment Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Vice-Chairperson PARC, Member Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Public Works & Property Vacation, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Health & Public Safety Committee, Member Zoning & Annexation Committee, Vice-Chairperson Utilities Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson Community Relations Committee, Member Community Investment Committee, Vice-Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Member Zoning & Annexation Committee, Member KAREN L. WHITE, AT LARGE Council Member Vice-President Residential Neighborhood Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Chairperson Community Investment Committee, Member LORI HAMANN, AT LARGE Council Member Community Relations Committee, Chairperson Zoning & Annexation Committee, Member Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member PARC Committee, Member BILL NO. 20-22 oUTx ....... Filed in Clerk's Office 04 fid .r____ i 47 ' '=='d` 1 , U1. 1 6 2020 a CITYG A cN M'JOMES x ,• x ,: SOU SENO, IN 1865 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." 1400 COUNTY-CITY BUILDING• 227 W.JEFFERSON BOULEVARD•SOUTH BEND,INDIANA 46601 PHONE 574/235-9261 • FAx 574/235-9892 • TTY 574/235-5567 ts" tial\; City of South Bend 574)235-9321 sic, Fax(574)235-9173 Ux'235-5567 PEACE = Common Council TDD(574) Z/: http://www.southbendin.gov 441 County-City Building• 227 W.Jefferson Blvd South Bend' Indiana 46601 I865 MAR 18 2020 Tim Scott South Bend Common Council March 18, 2020 President 4th Floor, County-City Building South Bend, IN 46601 Karen L. White Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADDING ARTICLE 1,DIVISION 2, SECTIONS Sharon L. McBride 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF CHAPTER 2 OF THE SOUTH Chairperson,Committee BEND MUNICIPAL CODE TO CREATE A CITIZENS' POLICE of the Whole COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD. Tim Scott Dear Council Members: First District Henry Davis,Jr. After several years of discussion within the community, we believe that recent Second District events require immediate action. We are therefore filing a proposed ordinance creating a Citizens' Police Complaint Board and procedures governing that Board. Sharon L. McBride This ordinance creates a nine(9)member board with members appointed by the Third District Common Council and representing each district. Troy Warner The purpose of the Board is to provide an additional just and efficient means to Fourth District fairly and timely conduct investigations of alleged police misconduct,to reach an independent determination of whether the allegations are supported„and to make Jake Teshka recommendations based on the evidence gained through those investigations. Fifth District Sheila Niezgodski We ask that this proposed ordinance be scheduled for first reading at the Council's Sixth District meeting on March 23,2020 and the assigned to the Council's Community Relations Committee. Karen L.White At Large Thank you for your attention to this very important matter. We look forward to your support. Rachel Tomas Morgan Sincerely yours,At Large Lori K. Hamann At Large Henry Davis,Jr. South Bend Common Council, S-c ( 2nd - t . t( p or) ori . Hamann, South Bend Common Council, At Large C ponsor) Karen L.White, South Bend Common Council, At Large(Co-Sponsor) BILL NO. 12-20 MAR 18 2020 BILL NO. 12-20 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADDING ARTICLE 1, DIVISION 2, SECTIONS 2-12.2.1 TO AND INCLUDING 2- 12.2.9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO CREATE A CITIZENS' POLICE COMPLAINT BOARD AND PROCEDURES GOVERNING THE BOARD. STATEMENT OF PURPOSE AND INTENT_ The need to create a Citizens' Advisory Board to provide citizens' perspectives to alleged police misconduct has been discussed in South Bend for years. The need is more apparent now than ever before. This ordinance creates a Citizens' Police Complaint Board composed of members appointed by the South Bend Common Council. The purpose of the Board is to provide an additional just and efficient means to fairly and timely conduct investigations of alleged police misconduct, to reach an independent determination of whether the allegations are supported„ and to make recommendations based on the evidence gained through those investigations. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. ARTICLE 1, Division 2 entitled"CITIZENS' POLICE COMPLAINT BOARD" is added to Chapter 2, together with the following sections to read as follows: Chapter 2,Article 1, Division 2- CITIZENS' POLICE COMPLAINT BOARD Sec. 2-12.2.1 - Purpose. The purpose of the Citizens' Police Complaint Board is to provide an additional just and efficient means to fairly and timely conduct investigations of alleged police misconduct and to reach its independent determinations of whether those allegations are well founded applying a preponderance of the evidence standard; to identify and address patterns of police misconduct; and, based on information obtained through such investigations, to make policy recommendations to improve the South Bend Police Department and reduce incidents of police misconduct. Sec. 2-12.2.2 —Citizens' Police Complaint Board established; election process; terms. a) The Citizens' Police Complaint Board is established, and shall be composed of nine(9) voting members, two (2) ex-officio, non-voting police advisory members, and one(1) ex- officio, non-voting rank-and-file consulting member to be selected as follows: 1) All voting members shall be citizens who are residents of the City. No sworn law enforcement officer is eligible to serve as a voting member of the Board. Voting members may be selected from nominees submitted by each member of the South Bend Common Council. No Council Member may nominate more than three(3) candidates for appointment to the Board. There must be at least one (1) voting member from each City Councilmanic district. 2) Each non-voting police advisory member shall be nominated by the South Bend Chief of Police, with the Police Chief nominating at least three (3) persons for each position. 3) The Common Council shall appoint each voting and non-voting board member with each having a one (1) year term or until their successors are appointed, but for no longer than sixty(60) days beyond the expiration of their term. Each member may be reappointed to a one(1) year term but may serve no more than three(3) consecutive terms on the board. 4) If a member is unable to complete a term for any reason, a new member shall be appointed by the Common Council. Such new member shall then be eligible to be reappointed for no more than two (2) additional full consecutive terms, if the member has served eighteen(18) months or more of the original term, and no more than three 3) additional full consecutive terms, if the member has served less than eighteen (18) months of the original term. 5) The two (2) ex-officio, non-voting police members of the board shall: a. Have been members of the South Bend Police Department for more than seven (7) years; b. Have participated in ethics training; c. Have strong community relations experience; d. Be of the rank no higher than sergeant, preferably a patrolman; and 6) The one(1) ex-officio, non-voting rank-and-file consulting member shall be nominated by the Fraternal Order of Police and shall serve a one-year term ending on December 31 of the year of appointment. b) All members shall serve at the pleasure of the Common Council. Sec. 2- 12.2.3—Complaint Board officers, quorum, attendance, and training. a) The voting members shall select one (1) voting member to serve as president of the Complaint Board. b) Five (5)voting members of the Complaint Board shall constitute a quorum for the purpose of conducting business, and five(5)voting members must vote in favor of any item before any action or disposition can be taken. c) All voting and ex-officio Complaint Board members must attend a minimum of seventy- five(75)percent of the meetings. The Common Council may replace any member who fails to meet this attendance requirement within sixty(60) days of written notice of failure to meet this attendance standard. d) All voting members of the Complaint Board must accompany an on-duty officer of the South Bend Police Department for a minimum of twelve(12)hours per year, and for a minimum of four(4)hours per occasion, in order to observe police procedures first(1St) hand. The Common Council may replace any member who fails to meet this requirement after written notice to the member of such failure. Sec. 2-12.2.4—Complaint Board duties. The Citizens' Police Complaint Board shall meet as often as necessary to consider all complaints which it deems appropriate to process and review, but no less than quarterly. The Complaint Board shall set rules for its governance and shall establish its procedures for processing complaints and for ensuring notification to citizens of the status and disposition of their complaints. Sec. 2-12.2.5—Establishment of Citizens' Police Complaint Office. a) The Citizens' Police Complaint Office is hereby established. Any complaint of a citizen against an officer of the South Bend Police Department alleging that the officer used profane and abusive language or intentionally destroyed or damaged real or personal property, exceeded his/her authority as a police officer, used unauthorized force, or acted in violation of the Department's rules and regulations or orders may be filed with the Citizens' Police Complaint Office. In addition, if a complainant alleges that intimidation tactics are being used to impede the filing of a complaint, the complainant shall report this to the Complaint Office and a separate complaint will be filed regarding the new information. Each complaint shall be filed within sixty(60) days of the action giving rise to the complaint, shall be in writing, and shall be signed by the person making the complaint, who shall affirm under the penalties of perjury that the representations contained therein are true. The complaint may be filed in person, by e-mail, by facsimile or through the mail. Additionally, complaints may be filed after the expiration of the sixty(60) day time period where the person making the complaint was under a legal disability during the sixty(60) day time period or where, upon a showing of good and sufficient cause and upon majority vote of the Citizens' Police Complaint Board, a person is permitted to belatedly file a complaint. b) Any individual personally aggrieved by the act or acts complained of may file a complaint. A parent or guardian may file a complaint on behalf of a minor or incompetent individual. A member of the immediate family of a decedent may file a complaint on behalf of the decedent. The Complaint Board may, upon two-thirds (2/3)vote of its members, initiate an action. c) The complaint process shall be accessible to all citizens regardless of race, national origin, ancestry, religion, color, sex, sexual orientation, gender identity, age, language, disability, or United States military service veteran status. Sec. 2-12.2.6—Complaint Office Director; staff. a) The Common Council shall appoint a full-time director of the Citizens' Police Complaint Office. The director shall be supervised by the citizen's Complaint Board and be subject to review and evaluation by Common Council. The duties of the director shall include: 1) Managing the Citizens' Police Complaint Office, including its staff; and 2) Enhancing communications and good will between the police and the citizenry. b) The director is authorized to adopt such rules and procedures as the director may deem appropriate for the proper administration and enforcement of this division. All such rules and procedures shall be adopted only after posting of the rules and procedures proposed to be adopted on the City's website at least thirty (30) days prior to the effective date of such rules and procedures. Upon adoption, the director shall maintain a copy of the rules and procedures on file in the director's office. c) The director shall have the authority to contract with investigators and legal counsel, if the City Corporation Counsel is not available, to aid in the investigation of complaints filed with or processed by the Office. d) The director shall be in regular communication with the Chief of the South Bend Police Department and may make recommendations to the Chief concerning matters of conduct and recurring issues that are processed by the Citizens' Police Complaint Office. The director shall also provide periodic reports for publication in the Police Department's annual report. d) Staffing and budget recommendations for the Citizens' Police Complaint Office shall be made by the director in consultation with the Mayor or the Mayor's designee and the Citizens' Police Complaint Board. f) On a quarterly basis, the director shall forward a report of each Complaint Board member's attendance and each voting member's training, as required by Sec. 2-12.2.2(d), to the Common Council, the Public Safety Director, and the Chief of the South Bend Police Department. Sec. 2- 12.2.7. - Complaint investigation and hearing procedures. a) Upon the filing of a complaint,the director shall immediately send a copy of the complaint to the Chief of the South Bend Police Department or the Chiefs designee. In addition, the officer or officers alleged to be involved in the incident shall be notified of the date of the incident and given a copy of the complaint. After the filing of a complaint, the Complaint Board shall table its own investigation for a period of sixty(60) working days to allow the Department to conduct its own investigation and to allow the Chief to take appropriate action. The Chief may request an extension of time to complete the investigation from the director; however, if deemed appropriate or necessary, the Complaint Board may order the director to conduct an independent simultaneous investigation before the end of the investigation conducted by the department. Such action must be authorized by a three- fourths (3/4) vote of the entire Complaint Board. b) When the investigation is returned to the Citizens' Police Complaint Office, the Complaint Board shall review the investigation conducted by the department and the action taken by the Chief, if any. If the Complaint Board does not agree with the action taken by the Chief or the investigation conducted by the department, the Complaint Board may, by majority vote: 1) Order the director to conduct an investigation into the allegations of the complaint; 2) Conduct an informal administrative hearing on the complaint; and 3) Order the director to engage in a process of informal mediation to attempt to resolve the complaint. c) If the Complaint Board determines to hold a hearing, the Complaint Office shall give written notice to all parties and witnesses at least fifteen(15) days in advance of the scheduled hearing. All testimony at such hearing shall be given under oath and under penalty of perjury. d) Upon the completion of the investigation by the Complaint Office or after the hearing, the Complaint Board shall make a disposition regarding the complaint. The disposition shall be one (1) or more of the following: 1) Not sustained (when there is insufficient evidence to prove the allegation(s) made in the complaint by clear and convincing evidence); 2) Sustained (when there is sufficient evidence to prove the allegation(s) made in the complaint by the preponderance of the evidence); 3) Exonerated (when the allegation made in the complaint is false or not factual, or the conduct complained of was lawful and proper); and/or 4) Withdrawn (when the complainant requests that no further action be taken on the case). The disposition must be made within sixty (60) working days after the Department's investigation is returned to the Complaint Office or after the conclusion of the investigation conducted by the director pursuant to subsection(a) of this section. e) The findings and disposition of the Complaint Board shall be communicated to the Common Council, the Board of Public Safety and the Police Chief in writing within ten(10) days of the date of the disposition. 0 Any disciplinary action taken against an officer due to his or her involvement in an incident which resulted in a complaint being filed with the complaint office shall be communicated to the Complaint Board for disclosure to the public within ten (10) days after the disciplinary action is imposed. g) If no disciplinary action is taken, the Complaint Board shall be informed of that fact with an explanation of the reasons for that determination in a written response within ten(10) days after the determination is made. Sec. 2- 12.2.8-Subpoena powers. For purposes of conducting an investigation or hearing, the Complaint Board shall have the power to subpoena witnesses and documents, except those documents relating to ongoing criminal investigations, including such public records as are deemed subject to disclosure under the provisions of Ind.Code 5-14-3- 3 et seq.. The power of the Complaint Board to issue subpoenas shall be enforceable by the St. Joseph County Circuit or Superior Court. Sec. 2-12.2.9-Access to Board by officers; participation of officers. a) Any officer subpoenaed to appear before the Complaint Board may be represented by an attorney. b) Police officers shall have access to the complaint process to defend their actions,both during the investigatory and hearing processes. c) Police officers shall be required to cooperate with the Complaint Board as an investigation is conducted, subject to their constitutional rights. SECTION II. This ordinance shall be in full force and effect after its passage by the Common Council, approval by the Mayor, and publication as required by law. Tim Scott, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office JUL 222020 BILL NO.20-23 DAWN M.JONES RESOLUTION NO. CITY CLERK,SOUTH BEND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE MIAMI HILLS NEIGHBORHOOD PLAN WHEREAS,the City of South Bend, Indiana,recognizes the need to improve and revitalize the southeast neighborhood through strategic planning; and WHEREAS, in 2006,City Plan,the Comprehensive Plan for South Bend,was adopted by the South Bend Plan Commission and the Common Council of the City of South Bend pursuant to the provisions of Indiana Code 36-7-4-500 et. seq. as a statement of policy for the land use development of the jurisdiction; and WHEREAS, Policy LU 1. 1 of City Plan is to"pursue the development of area-specific plans with broad community involvement"to provide strategic direction in the future growth and development of that area, and to achieve the City Plan Goal"to encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community"; and WHEREAS,the City of South Bend,together with its Redevelopment Commission has undertaken the responsibility to prepare Southeast Neighborhood Master Plan; and WHEREAS,the Miami Hills Neighborhood Plan is a strategic revitalization plan that was created with input from a variety of stakeholders, including southeast residents and property owners, 466Works Community Development Corporation,and area businesses& organizations; and WHEREAS,the Miami Hills Neighborhood Plan contains revitalization strategies, a detailed land use plan for the development of the area,and a strategic implementation matrix, all with public and private sector investment opportunities; and WHEREAS,the South Bend Plan Commission has approved the Miami Hills Neighborhood Plan by resolution, has certified it to Common Council of the City of South Bend, and has provided it with a favorable recommendation; and WHEREAS,the Common Council of the City of South Bend, Indiana has the authority to amend a comprehensive plan if it finds the content to be appropriate and in the best interests of the community; and WHEREAS,the Miami Hills Neighborhood Plan,which is attached hereto and incorporated herein, contains all the elements necessary to strategically guide development in its specific area and is appropriate and in the best interest of South Bend and its citizens. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA AS FOLLOWS: SECTION I: The Miami Hills Neighborhood Plan a true and complete copy of which is attached hereto and incorporated herein, shall be and hereby is approved. SECTION II: The adoption of the Miami Hills Neighborhood Plan amends City Plan, the Comprehensive Plan for South Bend,by providing further direction for the area of land within the boundaries of the Miami Hills Neighborhood Plan. SECTION III: That this Resolution shall be in full force and effect from and after its adoption by the Common Council. 4,6,,.fP.dr/,hs 274 daffy*2020 Karen L. White,At Large Council Member east.• Dawn M. Jones, City Clerk Filed in Clerk's Office JUL 2 2 2020 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Miami Hills Neichborhood Plan e,,„„ ..--,..„- „I j,.. ..„. •-, r • : , is k...V,`'.1; S-t. P •,-.1,,,t7944,,4, y, i' !r- er a tier t r Y r I. u 1 r- y X; 61_ Llii _ IAM ' I'll 0V.?4"-4"...t.. ice°""~ APAPTMF:NTb nw•, Table of Contents 111 ;- What is a Plan? A.---11.1P,ii Understanding the Neighborhood 2 r Neighborhood Character 3 fVJ r.,, , ow v Community Engagement 4 F tie i Strategic Plan 6 o _ J Vs A. . X 23 illil i g. rf. • t} v } vim — as i _ t" A 3t' 1 r v Ac<now edgments t m, e I City of South Bend: Maya Jan, Mu,•i ei w, A •,. District 5 Common Council Representative: n sake Teshka Department of Community Investment: F! ..'"• ' "..tTim Corcoran,Director of Planning a ' w' ,'--1.',--I. Chris Dressel,Senior Planner I 7 Michael Divita,Principal Planner i Elizabeth Maradik,Principal Planner1 " Andrew Netter, Property Development Analyst G# t' s_ t, 'i : Special thanks to all of the residents,area i . w organizations,and institutions that shared their thoughts about the future of the Miami Hills Area. ram 0' 1-