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HomeMy WebLinkAboutAmending Various Sections of Article 1 Chapter 2 The Common Council • • .4 t , ORDINANCE No. 7929-88 Passed by the Common Council of the City of South Bend, Indiana October 24, r9 88 Attest: / d`° Cit y Clerk IRENE K. GAMMON Attest: _ _ _ 1 _= President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 25, �9 88 City Clerk IRENE K. GAMMON Approved and signed by me October 2 7, �9 8 8 Mayor T a Substitute BILL NO. 90-88 ORDINANCE NO. 1(1"A9 _$g AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL. " STATEMENT OF PURPOSE AND INTENT In the interest of utilizing proper terminology for all members of the South Bend Common Council, the following ordinance is being introduced. This ordinance eliminates such terms as "councilman", "councilmen", and substitutes "Council Member" or "Council Members" throughout the Article. It is believed that the new terminology is more in keeping with Indiana Code Sections 36-4-6-1 through 36-4-6- 24 which address the "City Legislative Body. " NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1 of the Municipal Code of the City of South Bend, Indiana is hereby amended in part to read as follows: Article 1. The Common Council 1 Section 2-1. Common Council: Composition; eettnellmen Council Member; eligibility; term; compensation; vacancy. (b) The Council shall consist of nine (9) members termed eeuneiImen Council Members; six (6) District eettnelltnen Council Members elected from districts more particularly described in section 1-4 of this Code, and three (3) eeuneiImen-at-Large Council Members-at-Large elected at large from the entire City. (c) To be eligible to run for the office of eerxneilman Council Member all persons shall be bona fide citizen of the United States and the State of Indiana, and shall have attained the age of eighteen (18) years when elected. Additionally all persons shall have been a resident of the City for at least one year immediately preceding his or her election; and for all persons to be eligible to run for the office of District eetneilman Council Member shall have resided in such district for the last six (6) months preceding the general election. Should any eettneiIman Council Member representing any district cease to be a resident of such district during his or her term of Office, such office shall thereby become immediately vacant. (d) Election of eettnellmen Council Members shall be in accordance with all laws governing primary and general elections. The term of office of each eettnellman Council Member shall commence on the first day of January after his or her election and shall continue for four (4) years thereafter. The eettnellmants Council Member's oath of office shall be administered by a duly aualified nersnn to c r s (e) In the case of a vacancy in the office of eettne4Iman Council Member from death, resignation or other cause, such vacancy shall be filled pursuant to the procedure set forth in Indiana Code, Section 3-13-8-1 and 3- 13-11-1 et seq. However, if the vacancy is of a District eettne+Imam Council Member, the person selected to fill such vacancy must be a resident of the district from which the • vacated eettneiiman Council Member was elected. All persons filling a vacated eeuneilmanle Council Member's office shall hold office only during the unexpired term and shall, during such incumbency, be entitled to the salary thereto attached. Section 2-2. Adoption of rules and regulations by the Common Council and powers thereto. (e) The Council shall have the authority to request or compel attendance of eetrneiImen Council Members, other officers of the City, and other witnesses; and may require the production of documents germane to matters being considered at meetings of the Council. (f) The Council may discipline any member of the public who causes or attempts to cause disorder or undue delay during a Council meeting. The Chairman Chair Person shall call the citizen to order by a verbal reprimand. If removal of the citizen is deemed necessary, a vote of two- thirds of the eeuneilmen Council Members present shall authorize removal of said citizen from the meeting. (g) The Council shall have the power to discipline eettneiImen Council Members. (k) Each eeunei3man Council Member shall file a written report with the City Clerk within fourteen (14) days after attending any meeting, conference or seminar where public funds are used to finance his or her attendance. The report shall include the following information: Name, date and place of meeting, conference or seminar; principal speakers and topics covered; brief descriptive narrative of the subject matter discussed; indication of whether written handouts are available; and name of eettneilman Council Member in attendance. (1) The annual amount of money budgeted for travel and promotional expenses and instruction in the Common Council budget shall be divided equally among the nine (9) eeume+imen Council Members. Any monies not used pursuant to such division may be allocated to another eeuneilman Council Member upon his or her request, with informal Council approval. eettneilmen Council Members using such funds shall comply with subsection (k) of this section. The City Clerk shall maintain an ongoing accounting of all such travel, promotional, and instruction expenses by each eeumeilmen Council Member for each calendar year. Section 2-4. Regular meetings of Common Council; calling of Council to order; Council informal meetings. (b) The President of the Council shall schedule Council informal meetings as necessary, giving all eettne4imen Council Members reasonable notice in writing or by other appropriate means. Such informal meetings shall be open to both the press and public as are all regular and special meetings of the Council. The President shall call the Common Council to order at the prescribed time_ car in Council member performs any of the duties, obligations and services mandated by his or her office. Section 2-5. Special meetings of Common Council; procedure for notice and service of notice. (d) Each member of the Council shall be notified of the holding of such special meeting by the Chief of Police or any of the members of the police force, reading such call to them, or leaving a certified copy thereof at the last and usual place of residence of any member that the officer is not able to find; or having the City Clerk's office calling each eettneilman Council Member no later than seventy-two (72) hours prior to such meeting and reading the same to them and leaving a certified copy thereof at the last and usual place of residence. (g) (2) Each member of the Council shall be notified of the cancellation of the special meeting by the Chief of Police or any of the members of the police force, by reading such cancellation to them, or by leaving a certified copy thereof at the last and usual place of residence of any member that the officer is not able to find, or by having the City Clerk's Office calling each eettneilman Council Member no later than twenty-four (24) hours prior to the date and time of the meeting to be cancelled, and reading the same to them and leaving a certified copy thereof at the last and usual place of residence. Section 2-6. President of Common Council, powers and duties; Vice-President of Common Council, powers and duties. (c) The President and presiding officer shall have the right to participate in the discussion of the Council after all other eo neilmen Council Members have had an initial opportunity to speak on an issue and shall have the right to vote on all matters, without taking leave of the chair. Section 2-7. Duties of City Clerk as Clerk of Council. (e) The eeuneilmen Council Members shall be called in the following order: . First, the District eeuneilmen Council Members in the order of their districts; next the eeuneilmen-at-Beige Council Members-at-Large in alphabetical order; last, the presiding officer. On all requested roll call votes when sitting as Committee of the Whole, on all third readings of Bills, and on all Resolutions, the Clerk shall call the roll rotating the call of each eeuneiimart Council Member by one position. (i) Upon the request by the President of the Council or the Chairman Chair Person of a Council committee, the Office of the City Clerk shall provide other supportive clerical assistance and other related services to the Council, its standing committees, and such other committees which include Council representatives. Such services shall be provided to further effectuate the necessary obligations, responsibilities and duties required of the eeuneilmer! Council Members and to further the effective and efficient operation of the Council. Section 2-7.2 Council attorney. (b) The Council attorney shall be responsible to see that all ordinances and rPsnl nti nnc rarniACi-cri WIT OAUxao42.mo,o Section 2-8. Decorum and debate regulating Common Council. (c) A eeuneiIman Council Member shall not vote, or take any other discretionary action in his or her offical capacity, except in the exercise of his or her own independent judgment, reached after due regard for the collective interest of his or her constituency as a whole, and of the citizens and the community of the City of South Bend. The prohibition in this subsection extends to any agreement to take action in violation of this subsection and to any effort to induce other Council members to violate it. (d) Whenever a eetinei+man Council Member has or is likely to have a substantial conflict of interest in connection with a matter pending before the Council in which his or her action may be influenced by possible economic benefits or material personal gain, he or she shall disclose fully the nature of his or her conflict of interest, in which event he or she may continue to participate in the deliberations and vote on the matter if it is determined by a majority of the Council present that it is not a material conflict of interest. (e) Whenever a eetneilman Council Member has or is likely to have a substantial conflict of interest in connection with any official matter other than one pending before the Council, he or she shall either: (1) Disqualify himself or herself from further participation in the proceeding; or (2) Conduct himself or herself in accordance with an advisory opinion from the Council Rules Committee. (f) eelneiimen Council Members shall not derive or attempt to derive any unjustified enrichment from their office. This subsection forbids: (1) The solicitation or acceptance of any bribe, or any gift, or other material, economic or personal benefit, or of any promise of similar benefit, which he or she believes or reasonably should believe was intended to influence his or her vote or other action to be taken in his or her official capacity; or (2) The solicitation or acceptance of any gift or other economic or personal benefit conferred because of any vote or other action in his or her official capacity already taken by him or her; or (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 as in order, unless he or she is in his or her proper seat. (m) If any member, in speaking or otherwise, shall transgress the rules of the Council, the presiding officer shall, or any member may, call him or her to order, in which case he or she shall immediately cease the transgression unless permitted. on motion of annthpr mnmhAr_ t-n oYria;,, . (n) Should any eeunei+man Council Member, in the course of his or her remarks, violate a second time any rule of the Council, and again be called to order, he or she shall not speak further upon the pending question, except by permission of two-thirds of the members present. (o) Each eeuneilman Council Member shall observe the highest standards of dignity, propriety, courtesy, respect and decorum when with his or her fellow eetimeiimen Council Members, officers and employees of the City, and all other persons, and when carrying out any of the responsibilities, duties and services mandated by the office of a eeuneiIman Council Member. Section 2-8. 1 Parliamentarian of the Common Council. (b) The Parliamentarian shall decide all procedural questions upon request of any eeuneiiman Council Member. Such decisions shall be advisory in nature. Section 2-9. Parliamentary procedure for the Common Council. (b) A majority of all the Councilmen Council Members shall constitute a quorum for the transaction of business of the Council. It shall require a majority vote of all the Councilmen Council Members to pass an ordinance or resolution. Whenever by law it is required that any ordinance or resolution shall be passed by a two-thirds vote, such requirement shall be construed to mean a two- thirds vote of all eetneilmen Council Members. (f) When a motion has been made, the presiding officer shall state it, or, if in writing, he or she shall cause it to be read aloud by the Clerk before being debated; and it shall then be in the possession of the Council, but may be withdrawn at any time before a decision or amendment. (g) (1) Only eeuneilmen Council Members who have disqualified themselves on a matter due to a substantial conflict of interest, or have disclosed fully the nature of their conflict of interest pursuant to the provisions of this article are entitled to an abstention. (s) Motion to reconsider: When a motion has been made and carried or lost, it shall be in order for any member of the majority at the same or the next regular meeting, to move for the reconsideration thereof. Such a motion upon being made may be seconded by any Councilman Council Member and may be made at any time. It shall be debatable and requires a majority vote to prevail. No such motion shall be introduced at a subsequent meeting, unless the member intending to make the same shall have given written notice of such intention at the meeting at which the vote which he or she desires to have reconsidered was taken. (w) Every bill filed for ordinance consideration shall be read a total of three (3) times by title by the Clerk. No bill shall be read the third time at the same meeting it is introduced unless by unanimous roll call vote of all eeuneilmen Council Members present. Additionally there must be at least two-thirds of the entire Council present to carry such a motion. (hh) The presiding officer may. upon a member of the Members present vote to allow such a second presentation. A three-minute limit shall apply to such a second presentation. Section 2-10. Standing committees of Common Council; titles and responsibilities. (a) There shall be nine (9) standing committees organized within the City Council. Each committee, except the Council Rules Committee, shall consist of not less than two (2) ee mailmen Council Members each and this number shall constitute at least two-thirds (2/3) of the total membership of each standing committee. eeumeilmem Council Members shall be appointed as herein provided by the President of the Common Council. Each committee, except the Council Rules Committee, shall also have not less than one (1) citizen member and at no time shall the number of citizen members constitute more than one-third (1/3) of the total membership of each standing committee. (c) Citizen members shall be appointed by the Chairman Chair Person of the standing committee. In making such appointments, the ehairmam Chair Person shall assure that the citizen members are broadly representative of the South Bend Community. (f) Responsibilities and scope of Council Committees. The general responsibilities of each Council Committee shall include the right to review all legislative proposals, report and other pertinent -information under its jurisdiction; and to monitor on a continuing basis the department, bureau and public officials under its jurisdiction. Each Council Committee shall report periodically to the Council, with written reports of the minutes of each meeting being filed with the City Clerk within two (2) weeks after each meeting. Said reports shall include the following: (1) Date, time, and place of the meeting; (2) Persons in attendance; (3) General substance of all matters proposed, discussed or decided; and (4) A record of all votes taken, if any. The Chairman Chair Person, with the assistance of the Council Attorney, shall be responsible for the filing of such reports. Each report shall be signed by the Chairman Chair Person of the committee. Any majority or minority reports filed with a committee shall also be included. All committees shall also deal with the issues referred to them by the President of the Council or by at least a majority of the Council. (g) The first-named eeumeilmam Council Member of each committee shall be Chairman Chair Person and in his or her absence the next-named eeuneilman Council Member. No citizen member shall serve as eha1rmam Chair Person of any standing committee. (h) The committee shall meet on the call of the Chairman Chair Person or by the call of any two (2) of its eeume±3mem Council Members, in case the ehairman Chair Person is absent or declines to call such meeting. A majority of the total membership of a standing commitee shall constitute a auorum. (p) If a standing committee desires to conduct a formal hearing the following procedures shall be followed: (1) The proceedings of the committee shall be recorded by the ehairman Chair Person or his or her designate in a journal which shall, among other things, show those present at each meeting and include a record of the votes on any question on which a record vote is requested. (2) The ehairman Chair Person shall make public, pursuant to the Office of the City Clerk, the announcement of the date, place and subject matter of any hearing to be conducted on any measure or matter at least one week before the commencement of that hearing unless the committee determines that there is good cause to begin such hearing at an earlier date. In the latter event the Chairman Chair Person shall make such public announcement at the earliest possible date. (3) The committees are authorized to receive exhibits, hear witnesses, and report to the Common Council for final action, together with such recommendations as may be agreed upon by the committee. (4) Any public hearing of a Council Committee may be covered by the news media. However, in order to assure respect to the conduct of the public hearings observing acceptable standards of dignity, propriety, courtesy and decorum, and to assure the proper fact-finding mission through the hearing process, the ehairman Chair Person may provide special rules governing such matters as to placement of microphones, location of cameras, and the allocation of space for representatives of the media in the hearing rooms, as circumstances may require. Section 2-10.1. Powers, duties and procedures of the Council Rules Committee. (a) Standard of conduct generally: The Common Council recognizes that its eeuneilmen Council Members hold their offices as a trust conferred upon them by the citizen voters of the community, and that this public trust requires all eetimeiimen Council Members to observe the highest standard of conduct in carrying out their official duties. (d) Vacancies: A vacancy on the Rules Committee due to cause shall be filled for the unexpired term in the same manner as the original appointment. A temporary vacancy shall be deemed to exist if the matter under investigation by the committee involves any of the committee members. Said member may return to the committee after the matter has been finally resolved and if the eouneilman Council Member desires to be reinstated. (f) (1) To receive and hear any complaint properly filed which alleges misconduct of any eeumeilinan Council Member or any violation of the rules and regulations thereof; (3) To recommend to the Common Council whatever sanction deemed appropriate with respect to particular eetxnei3men Council Members as will best maintain in the minds of the public the highest standard of conduct and character in carrvina out official Council anti =. fails or refuses to appear in compliance with a subpoena, or having appeared, fails to testify under oath; or fails to furnish relevant material pursuant to a subpoena duces tecum. (g) Investigations: The committee shall conduct'an investigation into the alleged conduct of any eettneiIman Council Member only (a) upon a written complaint signed by the complaining party, or (b) if initiated by at least two - (2) members of the committee. When a complaint is filed with the committee, a copy shall be promptly sent to the eettneiIman Council. Member alleged to have committed the violation. The committee shall determine in a nonpublic executive session whether the complaint alleges facts sufficient to constitute statutory violation. In making such determination the committee shall: If the committee determines the complaint does not allege facts sufficient to constitute a Code or statutory violation, the complaint shall be dismissed and the complainant and eettneiIman Council Member so notified. If the committee determines the complaint does allege facts sufficient to constitute a Code or statutory violation, it shall promptly investigate the alleged violation. If, after the limited preliminary investigation, the committee determines that probable cause exists to support an alleged violation, it shall convene a hearing on the matter within thirty (30) days after making such determination. All action and all records relating to the preliminary investigation shall be confidential. (h) Hearings: If the committee determines a public hearing is to be held, the eettneilman Council Member- respondent shall be allowed to examine and makes copies of all evidence in the committee's possession relating to the charge(s) . At the hearing, the committee shall receive testimony and evidence and the charged party shall be afforded appropriate due process protection, including the right to be present at the hearing, the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All witnesses shall be sworn unless the chairman, for good cause, decides that a witness does not have to be sworn. (i) Written report: After the hearing, the committee shall make a written report of whether or not there was competent, sufficient and substantial evidence of a Code or statutory violation. Such report shall be supported and signed by a majority of committee members. If the committee determines that the eeuneilman Council Member-respondent has not violated a Code or statutory provision, it shall dismiss the charge(s) . If a violation is found by the committee, the committee shall then recommend appropriate sanction(s) to the Common Council. (j) (1) Have the City Clerk send copies of the report and findings to each eetineiiman Council Member as soon as practicable; (k) Sanctions: Upon finding that a eettneilman Council Member-respondent violated the code of conduct of the Common Council or other provision of this Code, the Council by majority vote may take any or none of the following actions: (1) Advisory opinions: Upon written request of any eettneilman Council Member, the committee shall render an advisory opinion within thirty (30) days after receipt of the request of any question relating to possible conflicts of interest and misconduct affecting the eeuneiiman�s Council Member's official function. A majority of the members of the committee shall concur in the opinion to be rendered. The committee shall maintain a permanent record of all opinions so rendered. Upon any advisory opinion being submitted to the Council at a general meeting, the Council shall affirm, modify or reject the committee's opinion giving reasons for any modifications or rejection. A eetineilman Council Member shall not be held or have violated the standards of ethical conduct if he or she acted in reasonable and good faith reliance upon an advisory opinion duly affirmed by the Council. Section 2-11. Committee of the Whole of the Council: Composition; procedure; powers and duties. (a) A committee of the whole of the Common Council shall be formed at the first organizational meeting after their election and at each annual reorganizational meeting thereafter, by the members choosing by majority vote of all eetneiimen Council Members and from their number, a ehairman Chair Person of such committee, which el't airman Chair Person shall serve for a one-year term. He or she shall preside at all meetings of such committee and in his or her absence, the vice-president shall preside. (d) Public hearings on all bills for ordinance consideration and proposed resolutions and petitions shall be conducted as follows: (1) The ehairman Chair Person of the Committee of the Whole shall briefly explain the procedure which shall be followed for all public hearings on Bills filed for ordinance consideration. This shall be done immediately prior to the first Bill scheduled for public hearing. When considering Resolutions, the President of the Council shall briefly explain the procedure which shall be followed for all public hearings on all proposed Resolutions. This shall be done immediately prior to the first Resolution scheduled for public hearing. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Me er of the Common Council . `SpUTH � 1, • A`ri-,,, I; City of South Bend ,1.:.2a/ Joseph E. Kernan, Mayor '‘‘\-* /865; South Bend Common Council John Voor¢e Ann Puzzello Thomas Zakrzewski President Vice-President Chairman. Committee of the Whole October 5, 1988 Members of the Common Council 4th Floor County-City Building South Bend, Indiana 46601 Dear Council Members: The attached Bill is a "housekeeping measure" which would amend the governing provisions addressing the Common Council. I note that in Section 1-2 (a) (7) "Gender" is defined to mean that "the words used in masculine gender shall include feminine and neuter". Despite this provision in our Municipal Code, I believe that terminology such as "Councilman, Councilmen, and Chairman" should be eliminated. In reviewing the State law reference, it has been brought to my attention that Indiana Code Section 36-4-6-2 as well as other sections of the State law refer to "members of the legislative body". I believe that this Bill is more in keeping with the 1980's and I seek you support. Thank you. Sincerely, Ann Puzzello, Chair Person Personnel and Finance Committee AP:srk Attachment County-City Building • South Bend. Indiana 46601 • 219/284-9321 Stephen Luecke Donald Niezgodski William Soderberg Ann Puzzello Linas Slavinskas First District Second District Third District Fourth District Fifth District Thomas Zakrzewski Sean Coleman Loretta Duda John Voorde Kathleen Cekanski-Farrand Sixth District At Large At Large At Large Council Attorney flummittrt &port au tie Column UIoun.cil of tip Qttty of ontlh /knit Your Committee of the Whole to whom was referred BILL NO. 90-88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 1, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY REFERRED TO AS "THE COMMON COUNCIL" Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, ors Thomas Zakrzewski Chairman FREL PRESS afeargu PUBLISHING CO.