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Home My WebLink About10211-12 Establishing Martin Luther King Jr Designated City Holiday Amending Chapter 2 ORDINANCE No . 1O2i112 Passed by the Common Council of the City of South Bend, Indiana December 10, 2012 Attest: .ode -.i *rte► 1/4 1 : _,_, City Clerk JMt ORDE Attest: _ �' ,' � �' � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 11, 12 20 Al , ek, I City Clerk JO k V001°DE Approved and signed by me P t e FM e i g, t3 20 11- . .._ 9, Mayor ORDINANCE NO. I. O 2-t "� L AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ESTABLISHING MARTIN LUTHER KING,JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2,ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT On November 2, 1983, President Ronald Reagan signed a bill, proposed by U.S. Representative Katie Hall of Indiana which formally created a federal holiday to honor Reverend Martin Luther King, Jr. The first observance began on January 20, 1986, and has been celebrated each year thereafter on the third Monday of January. In 1986, the Indiana General Assembly enacted Public Law 2-1986 which established Martin Luther King, Jr.'s birthday as a legal holiday in Indiana,and further designated that this holiday would be observed on the third Monday each January. Employees of St. Joseph County and Elkhart County are able to participate in planned activities and events to honor the life of Reverend King because for them Martin Luther King, Jr. Day is a paid holiday. It is fitting, appropriate, and respectful of Martin Luther King, Jr.'s legacy and influence on human rights and dignity, that officers and employees of the City of South Bend observe Martin Luther King, Jr. Day, the third Monday in January, as a paid holiday. The South Bend Common Council has previously recommended that this become a paid holiday for City officers and employees beginning calendar year January, 2013 (Resolution No. 4150-12). Establishing Martin Luther King, Jr. Day as a regular paid City holiday, although fitting, appropriate, and respectful, has a significant fiscal impact on the City's budget. To offset this impact, it is necessary that the total number of paid holidays for City officers and employees remain the same as it was before this enactment-- at ten holidays. Accordingly, the option of choosing an additional non-designated holiday will no longer be available to City officers and employees. NOW, THEREFORE BE IT ORDAINED AND DECREED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Commencing in calendar year 2013 Martin Luther King, Jr. (MLK) Day, observed on the third Monday of January is and shall be established as a designated holiday for officers and employees of the City of South Bend. SECTION II. Chapter 2, Article 8, Section 2-121(a) of the South Bend Municipal Code shall be and hereby is amended to read as follows: Sec. 2-121. Holidays. (a) Officers and employees shall receive nine (9)ten (10) designated holidays as approved by the Board of Public Works. and one (1) additional non designated holiday. An officer or employee may choose to substitute this additional holiday Martin Luther King Day President's Day Columbus Day Observed Christmas Eve, or the preceding Friday when Christmas falls on a Sunday Day after Christmas, or the following Monday when Christmas falls on a Saturday Easter Monday A religious holiday of the employee's choosing Election Day(primary or general) SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. AVAstiN IS ember of the ommon Council Attest •.►_ __I dam-. 0115erk Presented by me to the Mayor of the City of South Bend, Indiana on the t.--\in day of NA.¢rrk ✓ , 2 p t,, at II o'clock ( .m. City C kt Approved and signed by me on the 15 day of Diet At% i/L , 2 0 I L , at Q o'clock, A .m. Mayor, City : ` ou"1 end, Indiana Frredi 16-6 C® 1r RZAD;NG Z " PUBLIC HEARING t-1 O-1 L 21 �O 2 3 rd READ NG '� l L 1,�1, 4 NOT APPROVED ti. a E REFERRED BEND,IN PASSED % Z„ --1 L7 -1 L CITY CLERK, �181'i'!�0 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 66-12 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING MARTIN LUTHER KING, JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE 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. This bill was heard by the Personnel & Finance Committee. Karen L. White Chairperson, Committee of the Whole p+, Off'_,01'III;//�/ .0''i 1865 �, ....; CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR November 20, 2012 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance to Establish Martin Luther King,Jr. Holiday Dear Council President Dieter: I am pleased to attach for Council approval an ordinance which establishes Martin Luther King,Jr. Day as a regular paid holiday for City officers and employees beginning in calendar year 2013. This new holiday is the product of both executive and legislative thought, and I welcomed the Council's Resolution earlier this year (#4150-12) recommending that Martin Luther King Jr.'s birthday be a regular holiday beginning in 2013, not simply an alternative holiday for City personnel as it has been. The Martin Luther King,Jr. Day holiday has wide adherence throughout the country and within the State of Indiana. The Indiana legislature in 1986 enacted Public Law 2-1986 establishing Martin Luther King, Jr.'s birthday as a legal holiday in Indiana to be observed the third Monday each January. Employees of the City of Elkhart and Elkhart County are able to participate in planned activities and events honoring the life of Reverend King because his birthday is a paid holiday. With this ordinance, employees of South Bend will have the same opportunity. Having noted the importance of Martin Luther King, Jr. Day, I must also acknowledge that the addition of Martin Luther King, Jr.'s birthday as a City holiday has fiscal impact. Therefore, the City cannot establish this new holiday while at the same time continuing to offer City employees a non-scheduled, "floating" holiday. To do so would effectively increase the total number of holidays from ten to eleven, with financial consequences. For that reason the attached ordinance amends the South Bend Municipal Code to delete the floating holiday option at Chapter 2, Article 8, Section 2-121(a) of the Municipal Code. 1400 COUNTY-CITY BUILDING•227W.JEFFERSON BOULEVARD• SOUTH BEND, INDIANA 46601 PHONE 574/235-9261• FAx 574/235-9892 Page 2 November 20, 2012 I will present this ordinance to the Common Council at its Committee meeting and at public hearing on. December 10, 2012, and I hope you will give it your approval. Sincerely, Pete Buttigieg, Maygi Filed :, office NOV 2 1 2012 to 4C∎N_t'S`, Fyy 4 .#r��e+•kWES CITY CLERK,SCUM BEND,IN