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HomeMy WebLinkAbout2012 Annual Report - Conucil Rules Committee 4p4T yf�j 'e; 2012 Annual Report of the Council Rules Committee South Bend Common Council Date: November 28,2012 To: The South Bend Common Council The Office of the City Clerk From: Council President Derek D. Dieter, Chairperson Council Rules Committee I am pleased to file this 2012 Annual Report of the Council Rules Committee in order to comply with Section 2-10 (i) of the South Bend Municipal Code. That Code provision requires all Standing Committee Chairpersons to file an Annual Report with the Office of the City Clerk by the 2nd Monday of December. As noted at the November 26th Common Council meeting, the deadline for filing all of these reports is Monday, December 10, 2012. Duties: The Council Rules Committee is charged with the following duties of overseeing the rules governing the members of the South Bend Common Council. 2012 Committee Members: The members of the Committee this year included: Council Member Dr. Fred Ferlic Council Member Dr. David Varner, Vice-Chairperson Council Member Karen L. White Council President Derek D. Dieter, Chairperson Pursuant to the South Bend Municipal Code, this is the only Standing Committee where no citizen members are permitted to serve. Committee Meetings and Highlights of Topics: To date, the Council Rules Committee has met seven (7) times, with additional Council Rules Committee scheduled for today and also on December 10, 2012 to hold public hearings on Bill No. 63-12. That proposed ordinance, is perhaps one of the most important actions required of the Common Council. It would formally establish the boundaries of the six (6) Councilmanic Districts. Such legislative action is required to take place during the second year after the year in which a federal census was conducted. A 5- person Special Advisory Committee chaired by former 4th District Council Member Karl G. King, with Council Member at Large Karen L. White, Jesusa Rivera, Theresa Sedlak, and Jack L. Smith appointed as members, have been working diligently. Their work, as evidenced by meticulous data and maps which meet the Indiana state law criteria, were posted on the City's website and have been on file in the Office of the City Clerk since mid-November. The work of these volunteers is truly appreciated and will greatly assist the Council on this critical legislative task. The focus of the Council Rules Committee this year, has been to continue to make upgrades which would improve and enhance the efficiencies of the Council. Last year, we worked with the City Administration 2012 Annual Report of the Council Rules Committee Page 2 and passed city-wide regulations addressing the use of electronic devices by Council and Board members. at public meetings. However, uniform policies and procedures which are city-wide for both the City Administration and the Common Council on all of the various social media technologies are needed. Bill No. 14-12 was passed in May, which was aimed at improving the procedures addressing citizen appointments. All Committee Chairpersons, however, need to be more pro-active to remind their all of the citizen members which they have appointed that quarterly updates are now required. The Council Rules Committee also dealt for the first time with a complaint filed by a Council Member against another Council Member. That process worked well, however, the need for updating those procedures in light of changes in the governing state law was noted. Therefore, I would recommend that reviewing those procedures should be a priority in 2013. Council Members have also suggested that a fair process be developed to address a process when removal of appointees may be warranted. Compliance with the Indiana Open Door Law, with regard to properly calling a meeting, giving notice, and having meeting minutes are ongoing requirements must be done in coordination with the Office of the City Clerk. I urge all Council Members to utilize the "Standing Committee Request Protocol Form"when calling committee meetings on non-Council Mondays. The form helps in assuring that there will be compliance with the governing state and local laws. All Committee Chairpersons should also carefully weigh and consider when a committee meeting should be called on non-Monday Council date, so that the integrity of the public meeting hearing process is upheld. An area which has become a growing concern is the need to convey to all individuals who come to a Standing Committee meeting that their time is valuable and should be respected. As a reminder, § 2-10 (o) of the South Bend Municipal Code states that: "(o) In order to assure proper respect to the conduct of all standing committee hearings, the highest standards of dignity, propriety, courtesy and decorum shall be upheld in order to assure the proper fact finding mission through the hearing process. The Chairperson may establish may establish special rules governing such hearings as circumstances may require". South Bend Municipal Code § 2-8 (g)provides that: "(g) When any Council Member is about to speak or deliver any matter to the Council, he or she shall respectfully address himself or herself to the presiding officer, and upon being recognized, confine himself or herself to the question in debate, and avoid personality. The presiding officer shall not recognize any Council Member unless he or she is in his or her proper seat". As we continue to work together, our task of carrying out our Mission Statement which states that we are: "To make certain that our City Government is always responsive to the needs of our residents & that the betterment of South Bend is always our highest priority" will always be first and foremost. The new procedure used during the Privilege of the Floor whereby individuals are asked to complete a 1- page form if they wish to receive a formal update is working well. 2012 Annual Report of the Council Rules Committee Page 3 There is pending litigation in the St. Joseph Circuit Court, which has its next hearing on Monday, December 3rd. As you are all well aware, this case involves the issue of the "investigative powers of the legislative body" as set forth in Indiana Code § 36-4-6-21. I would like to thank each Council Member for all of your efforts in making this a productive year. As of today, each of your have been required to review sixty-nine (69) proposed Ordinances and eighty-eight (88) proposed Resolutions. You have each participated in countless Standing Committee meetings, and perhaps the most detailed review of a proposed civil city budget- thanks to the efforts of Council Member Karen L. White, City Controller Mark Neal, and John Murphy. The Common Council also successfully carried out its state law duties in working closely with the City Administration and the Unions representing the sworn members of the South Bend Fire Department and the South Bend Police Department. As a result of those efforts, two-year agreements were reached with each union. All of the Council Officers have attempted to make this first year of transition as smooth as possible, so that the work of the City of South Bend is done professionally, in a timely manner, and within budget. The returning Council Members have attempted to work closely with each of the four (4) new Council Members as we carry out our legislative duties. Hopefully, in 2013, we will be able to raise the bar for all Council operations even higher. Thanks again for your vote of confidence in selecting me as your President this year. Respectfully mitte Council President Derek D. Dieter,Chairperson Council Rules Committee South Bend Common Council Films ce Ne ?a Q1 5 ..s CITY Col a tK, 1;4 BEND,IN