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Home My WebLink AboutBill No. 14-22 Ordinance to Amend South Bend Municipal Code-Residency of Human Rights Commission Members 1200 COUNTY-QTY BUILDING SOUTH 8� PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD 04 `tp FAX 574/235-7670 Sounri BEND,INDiANA 46601-1830 TTY 574/235-5567 x : 1865 QTY OF SOUTH BEND JAMES MUELLER,MAYOR DEPARTAENT OF LAW SANDRA KENNEDY ALADEAN M.DEROSE CORPORATION COUNSEL QTY ATTORNEY Filed in Clerk's Office March 23, 2022 Sharon McBride, EMAR3 2022 President, South Bend Common Council DAWN M.J 4`" Floor County City Building CITY CLERK, S .io BEND, IN 227 West Jefferson Boulevard South Bend, IN 466601 Re: Ordinance to Amend South Bend Municipal Code--Residency of Human Rights Commission Members Dear: Council President McBride: Enclosed is an ordinance filed upon recommendation of the South Bend Human Rights Commission (HRC) which extends the residency boundary for HRC members beyond the City of South Bend to the entirety of St.Joseph County. The HRC believes this ordinance which amends Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code is in the best interests of the HRC and the City. The HRC now investigates cases within St. Joseph County. Continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic, religious, economic and educational groups" in the County-wide community who desire to serve the cause of equal opportunity and elimination of discrimination. HRC Executive Director Yolanda Young-Smith will present this ordinance to the Council at its appropriate Committee meeting and at the regular Council meeting. I will assist with any legal questions. Sincerely, _ Aladean DeRose City Attorney cc: Yolanda Young-Smith Felix Marquez, President South Bend HRC JENNA THROW THOMAS E.PANOWICZ C HRISTINA SHAKOUR CLARA MC DANIELS KYLIE CONNELL DANIELLE CAMPBELL WEISS --T_r -. r, ci e _., MAC 2r BILL NO. 14-22 DAWN M.JONES CITY CLERK,SOUTH BEND, IN ORDINANCE NO. AN ORDINANACE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS STATEMENT OF PURPOSE AND INTENT The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code, currently requires all members of the South Bend Human Rights Commission(HRC) to reside within the corporate limits of the City of South Bend, Indiana. This residency restriction should be amended in the best interests of the HRC. Since 2017 the City has had an interlocal agreement with the County of St. Joseph ("the County")by which the Commission investigates cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. The Interlocal Agreement was approved by the South Bend Common Council in Ordinance No.10542-17,enacted on September 25,2017,reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No.4794 -19 on June 10, 2019. Because the HRC now investigates cases throughout the County, the Commission membership should reflect this County-wide scope of HRC work. Members of the HRC believe that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic,religious, economic and educational groups in the community" and who desire to serve the cause of equal opportunity and elimination of discrimination. The HRC has recommended to this Council that Municipal Code Section 2-129(a) be amended, as expressed in HRC Resolution No. 01-2022 which is Attachment"A"hereto. Accordingly,this ordinance is in the best interest of the City and the area now served by the HRC. 1 NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. Chapter 2, Article 9, Section 129 (a) of the South Bend Municipal Code be and hereby is amended to read as follows: There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of Seuth Bond County of St. Joseph and are representative of the racial, ethnic, religious, economic,and educational groups in the eommunity St. Joseph County. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana 2 EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 3 Filed in Clerk's Office MAR ,� 9�7? EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 —'--Filed in Clerk's Office DAWN M JbN'-E- WYCLERK,SOUTH BEND, IN � 3 [F, in Clerk's Office MAR Z 9 2022 RESOLUTION NO. 01-2022WN M� i� SRK. SOUS' � 'AEND,IN A RESOLUTION OF THE SOUTH BEND HUMAN RIGHTS COMMISSION SUPPORTING AN AMENDMENT TO THE SOUTH BEND MUNICIPAL CODE TO EXPAND RESIDENCY REQUIREMENTS FOR COMMISSION MEMBERS WHEREAS,The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code currently requires all members of the South Bend Human Rights Commission to reside within the corporate limits of the City of South Bend, Indiana, as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community." (Emphasis added); and WHEREAS, since 2017 South Bend("the City") has had an interlocal agreement with the County of St. Joseph ("the County") for the Commission to investigate cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. This interlocal agreement was approved by the South Bend Common Council in Ordinance No. 10542-17, enacted on September 25, 2017, reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No. 4794 -19 on June 10, 2019; and WHEREAS, the Commission believes that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication,who are"representative of the racial,ethnic,religious,economic and educational groups in St. Joseph County and who desire to serve the cause of equal opportunity and elimination of discrimination throughout St. Joseph County. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND HUMAN RIGHTS COMMISSION as follows: Section I. The Common Council of the City of South Bend is requested to and should amend the South Bend Municipal Code at Chapter 2,Article 9,Section 129(a)to read as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City 0 South Ben County of St. Joseph and are representative of the racial, ethnic, religious, economic, and educational groups in the ,.,,,,..,...••ni St. Joseph County." A true Resolution passed by the South Bend Human Rights Commission at its regular meeting on March 16,2022. Felix a Chair, t Bend Rights Commission Attest: 'SaInuel Br wn, Secretary EXHICIT P�