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HomeMy WebLinkAboutExpressing - Council Attorney support on a Contractual Part-Time BasisRESOLUTION 3851-08 Passed by the Common Council of the City of South Bend, Indiana April 14, 08 Zo Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 15, Zo 08 City Clerk Approved and signed by me Apr i 1 18 20 O8 Resolution No. ~ 4 ~~ - O Substitute Bill No. 08-22A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS G~1~~ead, the South Bend Common Council notes that it is authorized to hire or contract a Council Attorney under the Indiana Code; and -!~l~~eaa, since 1975 when the Indiana law took effect, the South Bend Common Council has elected to hire on a contractual basis apart-time Council Attorney; ~~~~ua, the Common Council believes that it would be a good management and planning decision to hire the Council Attorney for the current Council's term running from January 1, 2008 through December 31, 2011, with this action being in the best interests of the Common Council. ~o~, ~~exo~,a~e, Ge r,C~xeaa/ edln~ t!e ~po~rr~rw~r~ ~oaunciL°~tfe ~prt~ °~C~icct! ~e~! V~ea~ia~a, as follows: Section I. The Common Council of the City of South Bend, Indiana, pledges its support to Kathleen Cekanski-Farrand, Indiana Attorney # 3168-71, to be their Council Attorney for the current Council Term running from January 1, 2008 through December 31, 2011, on a contractual part-time basis. Section II. The appointment of the Council Attorney would be subject to a satisfactory annual performance review by the Common Council, which shall be completed on or before September 30~' as a part of the annual budget process. The measurable outcomes utilized by the Common Council shall include a satisfactory completion of the duties set forth in the South Bend Municipal Code § 2-7(b) addressing the drafting of ordinances and resolutions; reviewing all proposed ordinances and resolutions as to form and legality; giving legal advice as requested by the Common Council, its committees and members; and advising the Office of the City Clerk on matters regarding publication and codification of ordinances; with a summary of the same being provided . in a Council Attorney Annual Report which shall be submitted for Council review. Fees for such legal services would be subject to the annual budget review and approval process. Section III. In the event that the Common Council desires to engage the Council Attorney for any special projects such as acting as the Council's Agent for labor negotiations and/or representing the Council in litigation; fees for those legal services would be subject to the submission of a written Professional Services Summary detailing such services, with that Substitute Bill No. 08-22A Resolution Addressing the Council Attorney Page 2 document being submitted with the appropriate claim form and then processed for payment, as required. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council ~ ~ ~ ~• Member of the Comm Council .-.-, 0 Member of the Co on Council .,:.~:.,'i . tl~ iloT APP~o~~ kDOPTEQi=~~~-~-1`'I~~~ as St~~~v-~~ ~IjGC~ X11 ~(~:1"i;'S of~ICB APR - ~ 2008 JOHN S0. BEND, IN. CITY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-22A A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS 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 as substituted. Derek D. Dieter Chairperson. Committee of the Whole O~ Sol ~i ~H~B~'1.p • „~ ~! ~ City of South Bend ~~ \ PEACE ~~ ~ ~~ ~ --, ~~ W ~' "''~ ~ a Common Council „ 1865 R 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President Oliver J. Davis Vice-President Derek D. Dieter Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Apri19, 2008 The South Bend Common Council 4~' Floor County-City Building South Bend, Indiana 46601 Re: Substitute Bill No. 08-22A Dear Council Members: (574) 235-9321 Fag (574) 235-9173 TDD (574) 235-5567 http: //ww~v. so uthbendin. gov At the last meeting of the Council Rules Committee, various concerns were raised with regard to the resolution proposed to improve management and planning. The attached substitute resolution addresses those concerns. The resolution amends former Section II by including language that the appointment of the Council Attorney would be subject to a satisfactory annual performance review by the Common Council, which shall be completed on or before September 30~' which would be a part of the annual budget process. The measurable outcomes utilized by the Common Council would include a satisfactory completion of the duties set forth in the South Bend Municipal Code § 2-7(b). Al "Buddy' Kirsits Council President Rouse and I would like to thank .Council Members White and At Large puzzello for their input on this amendatory language. We respectfully request the Timothy A. Rouse support of all members of the South Bend Common Council. Thank you very At Large much. . Karen L. White Sincerely, ,, ~` q~ At Large /~~ Kathleen Cekanski-Farrand Council Member at Large Al ` uddy" Kirsits Council Attorney Attachment ~,~~~ APR - ' ~oKri ve~R~E CITY CLERK, 50. BEFiD, IN. ~~""~' ~~~-a~ Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS °,~~~, the Common Council notes that it is authorized to hire or contract a Council Attorney under the Indiana Code; and c~le~eaa, since 1975 when the Indiana law took effect, the South Bend Common Council has elected to hire on a contractual basis apart-time Council Attorney; ~i~1 the Common Council believes that it would be a good management and planning decision to hire the Council Attorney for the current Council's term running from January 1, 2008 through December 31, 2011, with this action being in the best interests of the Common Council. L/ 1Q'~j ~)I~E~~~/`Gj [/Tl ~iI/ %GUT/T/(l~~ G/GG~ `YQ~7~~i `Y ~~~.!//LCAA/ ~in vQ/ 4.i.... y ~L/ ~~! ~nara~a, as follows: Section I. The Common Council of the City of South Bend, Indiana, pledges its support to Kathleen Cekanski-Farrand, Indiana Attorney # 3168-71, to be their Council Attorney for the current Council Term running from January 1, 2008 through December 31, 2011, on a contractual part-time basis. Section II. The appointment of the Council Attorney would be subject to annual satisfactory performance reviews by the Common Council, and that fees for such legal services would be subject to the annual budget review and approval process. Section III. In the event that the Common Council desires to engage the Council Attorney for any special projects such as acting as the Council's Agent for labor negotiations and/or representing the Council in litigation; fees for those legal services would be subject to the submission of a written Professional Services Summary detailing such services, with that document being submitted with the appropriate claim form and then processed for payment. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council. ~~ESENTED NOT APPROVED irilr:d iii ~!~riz'~ Office ~Y"AR - 5 2008 JOHtd VOORDE CITY CLER;C, S0. BEIJD, IN. of the Common Counc}-1 of the Com>indn Council ADOPTED f ~SpU TH B~ '~ ~ \~„~ ~! ~ City of South Bend ~\ \ PEACE ~~ "~ ~. -,: a Common Council ~ 1865 ~ 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse March 5, 2008 President The South Bend Common Council Oliver J. Davis 4~' Floor County-City Building Vice-President South Bend, Indiana 46601 Derek D. Dieter Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy" Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Kathleen Cekanski-Farrand Council Attorney Dear Council Members: (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov We are pleased to introduce for your review, discussion and adoption the attached resolution. As we have stressed on countless occasions, that effective planning is critical for progressive legislative measures. The proposed resolution, we believe, will assist both the entire Council and the Council Attorney, in this endeavor. Currently, our Council Attorney has had to go through an annual retention process, which takes place at the Council's Organizational meeting each January. Not knowing the intentions of the Council has caused concern leading into the next calendar year, especially with regard to ongoing Council projects. We believe that the annual review process should take place when the Council Attorney submits her yearly multi-page Council Attorney Annual Report during the budget process. We are proposing in the resolution a process similar to that has been used for Project Future. The Common Council adopted a resolution expressing its support for afive-year commitment so that both the City of South Bend and Project Future could properly plan, identify goals and work collaboratively together on seeking these objectives. Similar pro-active plans, objectives, goals, initiatives need to continue at the Common Council and Council Attorney levels. Therefore, we sincerely believe that an expression of support to our Council Attorney for the Council term would generate more innovative short and long-term Council initiatives. For your information, the Indiana Public Access Counselor is also appointed for a four (4) year term. We highly recommend that you support this resolution. We also request that it be sent to the Council Rules Committee for review and recommendation. Thank you for joining us on this proposal. Most sincerely / ` Council Presi t imoth A. Rouse /n~ ~ C ~C 1 ember Large Al "Buddy" Kirsits Attachment Filed In Clerk's Office ~~4AR - 5 2008 JOHN VOQflDE CITY CLERK, S0. BEND, IH. ~ SpU TH B~ ~I a, ,f,,~x °~ '"~''"~'''' ~° City of South Bend ~~~~ ~% V~~\\,ii. mid ~ ti ~\EACE/j ~ ~ ~ (r- ~i a Common Council ~ 1865 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President Oliver J. Davis Vice-President Derek D. Dieter Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Kathleen Cekanski-Farrand Council Attorney Apri19, 2008 The South Bend Common Council 4~' Floor County-City Building South Bend, Indiana 46601 Re: Substitute Bill No. 08-22A Dear Council Members: (574) 235-9321 Fag (574) 235-9173 TDD (574) 235-5567 http:/hvvvw southbendin.gov At the last meeting of the Council Rules Committee, various concerns were raised with regard to the resolution proposed to improve management and planning. The attached substitute resolution addresses those concerns. The resolution amends former Section II by including language that the appointment of the Council Attorney would be subject to a satisfactory annual performance review by the Common Council, which shall be completed on or before September 30~' which would be a part of the annual budget process. The measurable outcomes utilized by the Common Council would include a satisfactory completion of the duties set forth in the South Bend Municipal Code § 2-7(b). We would like to thank Council Members White and Puzzello for their input on this amendatory language. We respectfully request the support of all members of the South Bend Common Council. Thank you very much. Sincerely, Council President Timothy A. Rouse Council Member at Large Al "Buddy" Kirsits Attachment Fi1C'~ j~l ~i~l'E:'~ (g$~i~9 APR - 8 2008. ~oNU vooeoe C1T1' CLERK, So. 6Eh"J,1N.