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HomeMy WebLinkAbout11-08-04 Health & Public Safety r 1 { Q Health and Public Safety Committee South Bend Common Council The November 8, 2004 meeting of the Health and Public Safety Committee was called to order by its Chairperson, Council Member Ann Puzzello at 3:45 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Kelly, Puzzello, Varner, Kuspa, Coleman, Kirsits and White; Mayor Stephen J. Luecke, City Clerk John Voorde, City Attorney Charles Leone, Community and Economic Development Executive Director Sharon Kendall, Public Works Director Gary Gilot, Rita Kopola, a member of the news media, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Puzzello noted that the Committee members include Council Members Dieter, Kelly,Kirsits and herself. Council Member Puzzello noted that she is the sponsor of Bill No. 70-04 which would amend Chapter 2, Article 5 of the South Bend Municipal Code by the inclusion of revised Section 2-50 entitled Board of Public Safety and a new section 2-50A entitled Board of Public Works. The Bill basically addresses two (2) major items, namely: it would create a five-member Board of Public Safety and address its provisions, and would retain a 3-member Board of Works which are currently addressed in the same section of the Code. Council Member Puzzello then summarized portions of the Bill. She has proposed that the Board of Public Safety would have a former public safety official as one of the five members. She stated that she believes this is important because the board deals with important public safety matters. She noted that she has a copy of the swearing in sheet of Jack Bland who is a retired member of the South Bend Fire Department who served with distinction for many years on the Board of Public Safety. She noted that the proposed ordinance is also aimed at making sure that the Council and the Mayor are better informed and so that the community is better informed. She proposed a straight-forward application process which would assist in that process. The Mayor and the Council would meet to discuss the applicants, with the Mayor making the actual appointments to the Board. Council Member Dieter inquired about"former" and"retired"members of the police and fire departments. Council Member Puzzello noted that"former"would refer to those individuals who left by choice and in good standing. Council Member Kelly noted that he respectfully has problems with the proposed ordinance. He voiced concern that having a former public safety officer on the Board of Public Safety would "fly in the face of a termination or reprimand". He added that he is "fuzzy" as to why the city would want to do that. Council President White questioned what greater detail and better communication is needed; and questioned how it would be enhanced and at what levels. She noted that there has been communication. She noted that Council Member Puzzello did contact her prior to filing Health and Public Safety Committee November 8,2004---page 1 c , Health aed Public Safety Committee South Bend Common Council the Bill, and that she voiced some initial concern. She added that she does not support requiring that one of the five positions on the Board of Public Safety be a person from public safety, in light of the "current climate". She questioned what would be sent as a "message to the community". She noted that she supports a citizen review board. Council Member Puzzello noted that there is nothing behind the bill other than what is addressed within it. She noted that the power of the Board of Pubic Safety was "brought into play earlier this year", and when the Mayor suggested that the Board be increased from three members to five members, she thought that the timing would be appropriate. She noted that a public safety official has knowledge and could provide information so that there are better choices. At least one person would have had experience and knowledge which would assist the Board. The board would still have their own attorney,as they do now. Council Member Kirsits noted that the Board of Public Safety exists as a result of state law. He has thought for a long time that having only three (3) members on the Board, were too few. He noted that he was professionally embarrassed when a member of city government had to be sworn in, in order to have the rookie firefighters sworn in as new members of the South Bend Fire Department. He stated that having five (5) members would help give more accountability; and that having a former public safety officer would only bring stability and credence to the Board. He knows of at least two (2) people from the South Bend Fire Department, one who works in the Mayor's Office as an Administrative Assistant and the other who bring professionalism and have a great deal of respect from the members of the department. He stated that there has been a decline in things going to the Board of Public Safety, noting that the day he was sworn in as a firefighter was the same day that the Board of Safety gave a three (3)day suspension to a firefighter for not having a telephone number on file with the department. Council Member Kirsits stated that there are many other for public safety officials who would add a good dimension to the board such as former US Marshal Mike Carrington, Jack Reed, Luther Taylor,just to name a few. He concluded his remarks by stating that the ordinance is a good idea. Mayor Luecke stated that he had a meeting with Council Member Puzzello approximately a week ago. He stated that the Board of Safety is expanding to five (5) members as of January 1,2005,in light of the passage of the 2005 budget which appropriated the funds for the five (5) board members. He stated that he believes the bill is unnecessary and would put restrictions on him. He stated that he does not object to having a public safety oriented person on the Board,but does not believe it should be a requirement. City Attorney Charles Leone stated that he believes the bill raises separation of powers issues. He noted that it would establish 4-year terms for board members which may constrain the Mayor from removing a member if that member did not show for meetings. He questioned whether the 30-day application process would impact a quorum of the Board and whether the Board could take action if the public safety official was absent from a meeting. He stated that there could be problems down the road. Health and Public Safety Committee November 8,2004---page 2 ' r t Health and Public Safety Committee South Bend Common Council Council Member Puzzello asked the Council Attorney to address some of Mr. Leone's points. The Council Attorney noted that the Council was given a memo dated November 4, 2004 along with a cover letter from Council Member Puzzello (copy attached). That memo briefly summarized the governing state laws which enable the Council to establish regulations which they believe are need for the "effective operation of government as to local affairs". She noted that several other 2nd class city Board of Public Safety regulations were briefly summarized. Many have established criteria for their boards and the areas inwhich they would operate, and she cited Evansville as an example. As to the quorum issue, it is specifically governed by state law. She noted that Mr. Leone's question as to what would happen if the public safety official would not be present would be similar to asking whether the Common Council could take action when one of its District members would be absent. If a quorum of the body is present, business can take place. She noted that setting criteria for the Board would not be "plowing new legal ground". Mayor Luecke noted that Board Members serve now at the will of the Mayor. The Council Attorney noted that that procedure would continue. Dr. Varner stated that he believes the ordinance is a good idea, and in particular the proposals for the Board of Public Safety. Having one (1) of five (5) members on the Board of Public Safety with a public safety background "makes sense". That person's professional expertise could be shared with the other board members. Dr. Varner stated that he believes that having one person with experience in the public safety arena would be"good and reasonable". Council Member Pfeifer stated that she likes having a 5-member Board of Safety and likes items aimed at better communication and sharing more information. She stated however that her concern is "making it permanent and therefore it would be inflexible". She noted that perhaps because of the neighborhood in which she lives, and the 20-year history of the community, things have not gotten any better. Efforts have been under way to get a citizens review board. There are issues related to the "community of color" and the police department, and sometimes the fire department. She questioned what message would be sent to the community since they are continuing to struggle with the police department. She stated that she has a problem of the requirements being mandated. Council Member Puzzello stated that state law governs the rights and responsibilities of the Board of Public Safety. If there was a citizens review board, it would not take the place of the Board of Public Safety. Council Member Pfeifer stated that she is concerned about inappropriate behavior and not being respectful to others concerns. She added that she is not mixing a citizen review board with the Board of Public Safety. Health and Public Safety Committee November 8,2004--page 3 r it z Health and Mlle Safety Committee South Bend Common Council Council Member Dieter stated that he believes that it is important to have a person with a public safety background on the Board of Public Safety. He noted that like Council Members Pfeifer and Kirsits,he believes that the board should have five(5)members, and if state law ever permitted more, he would support that. He stated that the experience of that member would be important to the board. Council Member Kirsits noted that there are also problems with having persons appointed to such an important board, which have been basically for life. He sees the proposed regulations in that area as giving an opportunity for more persons to get involved. Right now you cannot apply for a board position because there is no application process in place. He sees these provisions as raising the standards and professionalizing the process. Council Member Pfeifer stated that her problem with 4-year terms would be like the problems with the school board. Once a person is on the board they are not answerable to the entire community. If the Mayor is in charge he would make the changes and there would.Me more of a chance to be a part of that process. b Council Member Kuspa noted that on Saturday he briefly talked with two (2) retired firefighters and asked them for input on the bill. He noted that ex-firefighters or ex-police officers would be well qualified, but that these two firefighters would not want to serve. They are highly qualified people who do not want to be involved. In light of the lateness of the hour and many other committee meetings scheduled, Council Member Puzzello asked for a motion. Council Member Dieter then made a motion, seconded by Council Member Kirsits that Bill No. 70-04 be recommended favorably to Council. The motion passed 3-1,with Council Member Kelly in the minority. There being no further business to come before the Committee, Council Member Puzzello,adjourned the meeting at 4:20 p.m. Respectfully submitted, Council Member Ann Puzzello,Chairperson Health and Public Safety Committee KCF:kmf Attachments Health and Public Safety Committee November 8,2004---page 4