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Revising the Governing Rules Regulations of the Legislative Branch of the City of South Bend
CDRDINANCE No, 6114-77 Passed by the Common Council of the City of South Bend, Indiana February 14 Attest- �. hn' ('- Attest: xg 77 City Clerk IRENE K. GAMMON P resident of Common Council Presented by me to the Mayor of the City of South Bend, Indiaana Approved and signed by nap February 15 xg 77 IRENE K. GAMMON ., gam.. :ity Clerk ORDINANCE NO. AN ORDINANCE REVISING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND, INDIANA, AND ESTABLISHING CERTAIN STANDARDS OF CONDUCT ON THE PART OF MEMBERS OF THE COMMON COUNCIL, AND CREATING A RULES COM- MITTEE FOR THE ENFORCEMENT OF THE STANDARDS CREATED. STATEMENT OF PURPOSES AND INTENT The Common Council of the City of South Bend recognizes that its citizens are entitled to the most efficient, responsible, and responsive legislative branch of government. The Council further recognizes that the best interests of the public will be better served by a legislative branch which effectively and econom- ically meets its increasing responsibilities. For these reasons, the Council undertakes to set forth governing rules and regulations which more adequately meet the needs of the Council and the citizens and community which it serves. The Common Council further acknowledges that its members hold their office as a trust and conferred by the citizens of the South Bend Community. This public trust requires Council members to observe the highest standards of conduct. The public, in seeing that principles and standards of official conduct are properly defined and enforced, is thereby encouraged to have a greater measure of respect for, and confidence in the public of- fices held by the members of Council. Since the enhancement and furtherance of the public in- terest is paramount in the performance of public service, and since the establishment of adequate procedures and sanctions is the best means of promoting such interests, the necessary amend- ments to effectuate these results are provided in this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. Chapter 2 of the Municipal Code of the City of South Bend, Indiana, commonly referred to as Article 1. The Common Council,is hereby amended to read in its entirety as follows: SEC. 2-1. COMMON COUNCIL: COMPOSITION; COUNCILMEN; ELIGIBILITY; TERM; COMPENSATION; VACANCY. C6H�C�BHEN-EBEC�EB; (a). The legislative power and authority of the City shall be vested in the Common Council. wh}ek Unless otherwise provided by law, all powers and duties of the City which are legislative in nature shall be exercised and performed by the Common Council.l (b). The Council shall consist of nine (9) members as -are ae��aated;-e�eete�-aa�-�aa�}�}e�-��-aeee�daaee-w�t�-tie-State-haws a1941 -Seet}ens-3- - --et.-seq. aael-I8-5-1-8-et--Sep---and-as-amended; -Burns -Iaeliana-Statutes Aaaetated,--Seet}ea-48-��9. termed eeune4:lmen Councilmen;six (6) district councilmen elected from districts more particularly described in Section 1-4 of this Code, and three (3) councilmen at -large elected at large from the entire city.2 * words added underlined words deleted--------------- (c). To be eligible to run for the office of Councilman all persons shall be bona fide citizens of the United States and the State of Indiana, and shall have attained the age of eighteen (lei) years when elected. Additionally all persons shall have been a resident of the City for at least one (1) year immediately preceding his election; and for all persons to be eligible to run for the office of district councilman shall have resided in such district for the as six i6) months preceding the general election. Should any councilman representing any district cease to be a resident of such district during his term of office, such office snail thereby become immediately vacant. (d). Election of Councilmen shall be in accordance with all laws governing primary anri general elections.6 The term of orrice of each councilman shall commence on the first day of January after his election and shall continue for four years thereafter. The Councilman's Oath of Office shall be administered by a duly qualified person to each councilman and such shall be signed and filed with the Office of City Clerk on or before said date. The salary of each councilman shall be a specified amount as set forth in the annual civil city budget. (e). In the case of a vacancy in the office of councilman from death, resignation or other cause, the Common Council shall fill such vacancy at a special meeting to be held at a time not .Less than two (2) nor more than fifteen (15) days after such vacancy is discovered. After proper notice, the Council shall fill such vacancy by majority vote of all councilmen with a person who must be a resident of the district from which councilman was elected, except in the case of councilman -at -large. All persons filling a vacated councilman's office shall hold office only during the unexpired term and shall during such incEambency be entitled to the salary thereto attached. In the event a tie vote shall result in tilling a vacancy, the mayor of the City shall cast the deeding vote . �' SEC. 2-2 ADOPTION OF RULES AND REGULATIONS BY THE COMMON COUNCIL-27 AND POWERS THERETO.? (a). The rules and regulations prescribed in this article are hereby adopted for the government of the Common Council of the City and of its members. (Code 1962, §2-3) (b). Any enumeration of powers in this Code shall not be held to limit the legislative power of the Council. (c). The Council shall exercise any power or perform any function necessary and in the public interest in conducting the municipal and internal affairs, 8 which are not inconsistent with the provisions of this code or with the Constitution or laws of the United States or the State of Indiana. (d) The Council shall have the power to adopt local laws deemed necessary for the eftective operation and conduct of government with respect to municipal and internal affairs, 5 and shall provide for the enforcement of such laws and prescribe viola- tion and punishment thereto. (e). The Council shall have the authority to request or compel attendance of Councilmen, other otticers of the City, and other witnesses; and may require the production of documents 14 germane to matters being considered at meetings of the Council. -2- (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 shall call the citizen to order by a verbal reprimand. If removal of the citizen is deemed necessary, a vote of 2/3 of the Councilmen present shall authorize removal of said citizen from the meeting. (q). The Council shall have the power to discipline councilmen. (h). The Council shall have the power to pass all ordinances,orders, resolutions, ana morions ror the government or the City; ror the control or its property and rinances; and ror the appropriation or money.13 (i). The Council shall have the power to supervise and investigate all departments, otticers, and employees of the City government and to examine into any charge preferred against them, and into the afrairs of any corporation, firm or person In -which the City may be interested in contracting.14 (j). The Council shall have the power to manage the finances of the city subject to the powers and duties vested in the executive departments.15 SEC. 2-3 ORGANIZATION MEETING OF COMMON COUNCIL; OFFICERS; ELECTION; TERMS.3 16 The members -elect of the Common Council shall hold their first regular meeting on the first Monday in January after their election at the hour of 7:30 p.m. in the Council Chambers. At this meeting they shall choose from the members a presiding officer or president and a presiding officer pro tempore or vice- president, which officers shall serve until noon of the first Monday in January of the next succeeding year. Their successors shall be chosen to serve for one year on or before the first Monday of the next succeeding year. (Code 1962, 92-4; Ord. No. 3630, §1; Ord. No. 5484-73 91). SEC. 2-4 REGULAR MEETINGS OF COMMON COUNCIL; CALLING OF COUNCIL TO ORDER; COUNCIL CAUCUS MEETINGS (a). The regular meetings of the Common Council shall be held at the Council Chambers on the Second and Fourth Monday evenings of each month at the hour of 7:00 P.M. If any regular meeting date falls on a holiday established by State or City law; or if a serious conflict for the Council arises as to a meeting date, the Council, at its election at the last preceding regular meeting, may meet on the regular meeting date or the next succeeding night. The regular meeting may be rescheduled for any date or time by majority vote of the Council. At the hour named, the President shall call the Common Council to order, and if he is absent, the Vice -President shall act in his stead. If the latter is absent, any member of the Common Council may, upon motion, be called to the chair, and act as presiding officer only until the arrival of one entitled to preside. (Code 1962, §2-5; Ord. No. 3630, K ; Ord. No. 3695; Ord. No. 4055, 91; Ord. No. 4154, ®1; Ord. No. 4517, §1; Ord. No. 5484-73, ®1; Ord. No. 5555-73, ®1. (b). The President of the Council shall schedule Council caucus meetings as necessary, giving all councilmen reasonable notice in writing or by other appropriate means. Such caucus meeting shall be open to both the press and public as are all -3- regular and special meetings of the Council. The President shall call the Common Council to order at tne prescribed time, or in his absence, the Vice -President shall act in his stead. Although the parliamentary rules governing procedures for speed] and debate may be set aside at the discretion of the President at such caucus meetings, all other rules and regulations governing decorum and standards of conduct shall be in full force and effect whenever a Council member performs any of the duties, obligations,and services mandated by his office. G.BNERAE SEC. 2-5 SPECIAL MEETINGS OF CO1-1MON COUNCIL; PROCEDURE FOR NOTICE AND SERVICE OF NOTICE. (a) Special meetings of the Common Council shall may be held on the call of the Mayor or of any five (5) members of the Common Council. (b) Such call shall be in writing, and specify therein the objects of the call, that is to say, the particular purposes for which it is called. (c) Such call shall be signed by the Mayor, or, when made by members of the Council, by them, and sealed with the seal of the City and countersigned by the Clerk. (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 councilman 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 places of residence. (e) Only such business shall be transacted at such special meeting as is specifically stated in the call for such special meeting. (f) The minute record shall show the issuance of the call, and the service of notice thereof, for which purpose the officer so serving such notice shall make return to the Clerk. (Code 1962, §2-6; Ord. No. 3630) SEC. 2-6 PRESIDENT OF COMMON COUNCIL; POWERS AND DUTIES; VICE-PRESIDENT OF COMMON COUNCIL; POWERS AND DUTIES. (a) The presiding officer or President of the Common Council,after being duly elected pursuant to Section 2-3 of this Code, and after taking the oath of office, shall take the chair and preside over all regular, special, and caucus meetings of the Council. (b) The President shall call the Council to order at the hour for the opening of the meetings and upon the appearance of a quorum. (c) The President and presiding officer shall have the right to participate in the discussion of the Council after all other councilmen 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. (d) The President shall: 17 (1) Preserve strict order and decorum; (2) Decide all questions of order, s3�eet-te-an appea±-to-the-counct±; and his decisions shall be final unless appeals are taken to the Council.; -4- (3) Appoint all standing committees at the commencement of the term of the Council; provided that such standing committees snaii serve only auring the term of the appointing President; -as -we-1-1- a a11- Zs i z1_ Jzom ni_t�_ -t a-t- ma-- -h - -h�y- -t-ie- (4) Appoint all special committees which may be ordered by the Council; (5) Fill all vacancies that which may occur in any of the standing or special committees;-a4-.A-, (6) Sign all ordinances and resolutions adopted paeee-d- by the Council prior to their presentation to the Mayor. 5 18 as well as all ordinances after enrollment, and the journal of the proceedings. (Code 1916, §3; Code 1962, 92-8). (7) Perform any function proper and necessary for the effective and etticient operation of his office as deemed in the punilc interest.ly (e) The Vice -President of the Council shall be elected at the same -time and for the same term and manner as the 'resident or the Council. (f) The Vice -President shall possess the powers and perform the duties or the President or the Council when the rresident is absent, while the President is acting as Mayor, or when a vacancy occurs in the Office of the President. SEC. 2-7 DUTIES OF CITY CLERK AS CLERK OF COUNCIL76- (a) The City Clerk shall be the Clerk of the Common Council.20 (b) The City Clerk shall be elected by the voters of the City at the time and in the same manner as other city officers are elected. The term of office shall commence on the first day of January following his election and shall continue for four (4) years tnerearter. (c) The Clerk, or a designated representative of the Clerk's Office, in addition to the powers and duties enumerated in bection 2-14 of this Code, shall attend all regular and special meetings of the council and shall keep an accurate journal of the proceedings of t'he council and exercise and perform the powers and duties as provided and prescribed by law, this code or ordinances. The City Clerk's Office shall prepare minutes without consultation of anyone not apart of s iad office. (d) The Clerk shall call the roll at the beginning of each session of the Council and on the passage of every ordinance and resolution and on all other votes, whenever requested by two (2) members and record the ayes and nays in the minutes. (e) The QouRe11x;eR-Councilmen shall be called in the following order; First, the District 99unGI-IiReR Councilmen in the order of their districts; next the Councilmen at large in alphabetical order; last, the presiding officer.? (Code 1916, 94; Code 1962, §2-7). (f) The Clerk shall provide and maintain in the City Clerk's Orrice a supply of Corms for aLl matters required to be tiled with the City Clerk. -5- (g) The Clerk shall have the power to administer oaths of office. (h) The Clerk shall make available to the press and any other interested person upon request public information which is available concerning the subjects to be discussed at any regular, special or caucus meeting of the Council, and shall also make available the time, date and place of such meetings. (i) Upon the request by the President of the Council or the Chairman or 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, anu such other committees which include council representatives. Such services shall be provided to further effectuate the necessary obligations, responsibi!iLties and duties required of the Councilmen and to further the effective and efficient operation of the Council. SEC. 2-7 (A) SERGEANT -AT ARMS. (a) Upon the recommendation of the President of the Council, the Chief of Police shall designate, detail, and assign a police officer to act as sergeant -at -arms for the Council who shall exercise duties as shall be designated by the Council. (b) The Sergeant -at -arms shall exercise and perform other duties as may be prescribed by this Code and the laws of ;his State for the effective operation and conduct of the Council. SEC. 2-7 (B) COUNCIL ATTORNEY. (a) A Council attorney may be appointed by the Pre- sident of the Common Council subject to the approval of the Council. (b) The Council attorney shall be responsible to see that all ordinances and resolutions requested by Councilmen are drafted; shall review all rop_osed ordinances and resolutions as to form and legality; shall advise the office of the City Clerk as to all matters regarding publication and codification of ordinances and shall give legal advice as requested by the Common Council, its committees and its members. SEC. 2-8 DECORUM AND DEBATE REGULATING COMMON COUNCIL (a) The presiding officer shall preserve order and decorum at all council meetings. W-lien necessary, the presiding officer may seek the assistance of the Sergeant -at -arms in the enforcement of this provision. ia} (b) Each member of the Common Council shall be present within the Council Chamber during the sessions of the Council, unless excused or necessarily prevented from being present, and shall vote of each question put unless excused from voting by a majority of the members present. (c) A Councilman shall not vote, or take any other discretionary action in his official capacity, except in the exercise OF his own independent judgment, reached after due regard for the collective interests of his constituency as a whole, and of the citizens and the community of the City of South Bend. The prohibition in this section extends to any agreement to take action in violation of the Section and to any effort to induce other Council members to violate it, (d) Whenever a Councilman has or is likely to have a substantial conflict of interest in connection with a matter pend- ing before the Council in which his action may be influenced by possible economic benefits or material personal gain, he shall: (1) disclose fully the nature of his conflict of interest, in which event he 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 con- flict of interest. (e) Whenever a Councilman 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 shall either: (1) disqualify himself from further participation in the proceeding; or (2) conduct himself in accordance with an advisory opinion from the Council Rules Committee. (f) Councilmen shall not derive or attempt to derive anv unjustified enrichment from his office.. This subsection forbids; (1) the solicitation or acceptance of any bribe, or any gift, or other material,economic or personal benefit, or if any promise of similar benefit, which he believes or reasonably should believe was intended to influence his vote or other action to be taken in his official capacity; or; (2) the solicitation or acceptance of any gift ©r other economic or personal benefit conferred because of any vote or other action in his official capacity already taken by him; or (3) the acQuisition or use for personal purposes of any property, services, or funds of the Citv, unless authorized by law; or (4) the use for personal gain of information Ver- taining to the City of South Send, which is not a matter of public record, at a time when it is treated as confidential by the officials of the Citv.. (q) {b} When any member is about to speak or deliver any matter to the Council, he shall respectfully address himself_ to the presiding officer, and upon being recognized, confine himself to the question in debate, and avoid personality. The presiding officer shall not recognize any member as in order, unless he is in his proper seat. (h) {e} When two (2) or more members seek recognition at once, the presiding officer shall name the member entitled to speak. MVt sa�e-gees��ee-wi�hs��-�ea�e-ef-the-�eeee}�T-�e�-�e�e-thaw-eaee-- e����-e�e�y-�e�be�-epees}erg-�e-sgea�-has-sgekee: (i) No member shall speak more than twice nor for more than five (5) minutes on the second occasion, upon any one question or issue in debate during the same meeting. A member shall only be granted the right to speak a second time on the same question or issue after each member has had an opportunity to speak on said issue or question. (j) 4e} While the presiding officer is putting the question or addressing the Council, no member shall walk out of or across the Council Chamber or engage in private discourse. (k) 44� No member shall impugn a motive of another. (1) {g} Any member may change his vote before the announcement of the result of the presiding officer. (m) 4h} If any member, in speaking or otherwise, shall transgress —the rules of the Council, the presiding officer shall, or any member may, call him to order, in which case he shall immediately cease the transgression unless permitted, on motion of another member, to explain; and the Council shall, if appealed to, decide the case without debate. If the decision is in favor of the member called to order, he shall be at liberty to proceed, but not otherwise, and if the case requires it, he shall be liable to the censure of the Council. (Code 1916 §5; Code 1962, ®2-9). (n) Should any councilman, in the course of his remarks, violate a second time any rule of the council, and again be called to order, he shall not speak further upon the pending question, except by permission of two-thirds of the members present. (o) Each Councilman shall observe the highest standards of dignity, propriety, courtesy, respect, and decorum when with his fellow councilmen, officers, and employees of the City, and all other persons, and when carrying out any of the responsibilties, duties, anA services mandated by the office of a Councilman. SEC. 2-8 (A) PARLIAMENTARIAN OF THE COMMON COUNCIL. (a) The Council attorney or in his or her absence, the City Attorney, or designate of the Department of Law, shall act as Parliamentarian of the Common Council at all general and special meetings of the Council. (b) The Parliamentarian shall decide all procedural questions upon request of any Councilman. Such decisions shall be advisory in nature. (c) The Parliamentarian shall have in his or her possession the appropriate rules and regulations governing the Council at all general and special meetings. (d) Any advisory decision made by the Parliamentarian may be accepted or rejected by the Council, and once acted upon by the presiding officer, the presiding officer's decision may then be subject to further appropriate action by the Council. SEC. 2-9 PARLIAMENTARY PROCEDURE FOR THE COMMON COUNCIL.$ 21 (a) The most recent edition of Robert's Rules of Order shall be the authority on all questions of parliamentary law and procedure not specifically covered by this article. For the purposes of this article, parliamentary law shall mean the enacted rules and recognized usages which govern the procedure or legislative assemblies. (b) A majority of all the Councilmen shall constitute a quorum for the transaction of business of the Council. It shall require a majority vote of ali the Rgewbere-e4eet councilmen 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 councilmen. (c) No one not a member of Council shall be permitted to address the same, except upon invitation by the presiding officer or by a majroity vote of the Council. (d) No ordinance or resolution shall be received or considered by the Council unless it is presented by some member thereof or as provided by law. (e) Every motion made by any member of the Council and entertained by the presiding officer shall be reduced to writing on the demand of any member. (f) When a motion has been made, the presiding officer shall state it, or , if in writing, he 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) Abstention: When in order to enact an ordinance, resolution or -motion, State law requires a majority of the -Council to vote "aye", the following procedures shall be applicable In calcu- lating said majority: (1) Only Councilmen who have disqualified them- selves on a matter due to a substantial conflict of Interest, or have disclosed fully the nature of their conflict of interest pursuant to the provisi-ons of this Chapter are entitled to an ab- stention. (2) Abstentions shall not be counted as either an "aye" or "nay" vote,. (h) kj� The presiding officer shall decide whether any question is carried by affirmative or a negative vote: but if he is in doubt, and the "ayes" and "nays" or a division be called for, the Council shall decide. In case of a rising vote, those voting in the affirmative shall first rise, and be counted, afterwards those voting in the negative. (i) kh)- When a question is under debate, no motion shall be received, but to adjourn, for the previous que.stion(which motion shall be decided without debate), to lay on the table, to postpone to a day certain, to refer, to amend, or to postpone indefinitely, which several motions shall have preference in the order in which they are here arranged. (j) ki-- The motion to adjourn and the motion to fix a time to which the Council shall adjourn shall always be in order, the latter motion taking precedence of the former. (k) k}� The motion to lay an amendment on the table shall not affect the subject which it is proposed to amend. =010 (1) 4R4 The previous question shall be put in this form: "Shall the main question be now put?" It shall only be admitted when demanded by a majority of the members present, and its affect shall be to put an end to all debate, and until decided, shall preclude all other motions or amendments, except the motion to adjourn. If the motion is sustained, the presiding officer shall at once put the question, first upon pending amendments, and then upon the main question. (m) 444 The motion to postpone to a day certain can be amended by altering the time. (n) 4ff4 The motion to commit may be amended by altering the committee or by giving instructions. (o) 4R4 A motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of substitute, to which one amend- ment may be offered, but neither may be withdrawn before amendment or decision is had thereon. (p) 494 No motion or proposition postponed indefinitely shall be taken up again at the same or next succeeding meeting. (q) 4p4 A question shall be divided on the demand of any member, if it includes two(2) or more distinct propositions. (r) 4Q4 A motion to strike out and insert shall be in- divisible, but a motion to strike out being lost shall neither preclude amendment nor motion to strike out and insert, and no motion or proposition on a subject different from that under con- sideration shall be submitted under color of amendment. (s) Motion to Reconsider 4R} 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 and may be made at anytime. It shall be debatable and requires a majority vote to prevail: preuided that 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 desires to have reconsidered was taken. (t) 49} When a resolution is offered or a report or other matter presented, the presiding officer may take the recep- tion thereof for granted, unless objection be made, when a formal motion shall be required. (u) 4t} Appeals, questions of order, objection to the consideration of a question, the reading of papers, leave to with- draw a motion and suspension of the rules are questions which shall take precedence of and be decided before the question which gave rise to them; which several questions cannot be amended, and all questions of order which may arise pending a question which is not debatable must be decided without debate. (v) 4u� FORM OF ORDINANCES: All legislation of the city shall be by ordinance or by resolution. The word "resolution" as used in tnis chapter shall be the official action of the Council in the form of a motion, and such action shall be .limited to matters required or permitted to be done by resolution by this chapter or by state or federal law and to matters pertaining to the internal atiairs or concerns of the city government. All other acts carrying apenalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and short title, or by a code section number when a codification or compila- tion of ordinances is completed. Ordinances shall be numbered in order as they are passed, but dispatched in order as they are in- troduced by bill number except when the Council shall direct otherwise. -10- (1) Each bill shall begin after a preliminary "Statement of Purpose and Intent" by the following: "NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows:", and a section by section format shall follow. (2) All bills containing words which shall add words to an existing ordinance shall be underlined ( }. (3) All bills requesting deletion of words from an existin7 ordinance shall indicate said deletion by a dash through said word or words (------- ). (w) iv* Every bill shall be read two (2) times with each having its own public hearing and vote as to its passage. No bill shall be read the second time at the same meeting it is in- troduced unless by unanimous roll call vote of all councilmen pre- sent. Additionally there must be at least two-thirds of the entire Council present to carry such a motion. (x) {w} No erdinamee bill or resolution shall appear on the agenda of a regular meeting of the Common Council unless said erdinanee bill or resolution has been filed in the office of the City Clerk on or before the Wednesday immediately prior to said regular meeting. This subsection is not applicable to special meetings. (y) Jx* When an erdinan.ee bill is introduced, it shall be read by title, after which the chair shall state that "This is the first reading of the erdimanee, bill, if there is no objection, it shall be set for second reading." If there is no objection, the erdinanee bill shall be set for second reading. If there is ob- jection, it shall be in order for any member to make a proper motion for disposition of the erdimanee bill. (z) fy* The second reading of the erdiaanee bill shall be by title, after which the chair shall state that "This is the second reading of the erdiaan.ee bill, the question is shall the erdimaaee bill pass?" (aa) Jm} Any erdimanee bill may be stricken from the files at any time before passage by a two-thirds vote of all members elected. (bb) faa} Any erdimanee bill failing to receive a sufficient number of votes on final passage will be considered as lost and stricken from the files, provided the vote is not recon- sidered, as authorized by subsection (r) (s) of this section. (cc) fbb} All votes upon the passage of erdinanees bills and resolutions, and upon motions to suspend the rules or motions to reconsider shall be by roll call. (dd) fee} When a resolution is introduced, it shall be read by title only, after which, if there is no objection, it shall stand ready for adoption following its public hearing. If there is objection, it shall be in order for any member to make a proper motion for disposition of the resolution. (ee) {dd} No proposition to rescind or change any stand- ing rule or order of the Common Council shall be passed at the same meeting it is submitted; nor shall any proposition having the force and effect of a bylaw or a standing rule or other relating to the government of the Council or the duties of any of the City officers be passed except in the form of an ordinance and according to the forms prescribed for the passage of ordinances. (Code 1916, §6; Code 1962, §2-10, Ord No. 5449-72, K). -11- (ff) Effective Date: The effective date of all bills shall be prescribed therein, however no bill shall become effective before publication thereof as required by State law. (gg) Severability: Unless a bill shall expressly provide to the contrary, if any portion of a bill or the application thereof to any person or circumstances shall be found to be invalid by a court of competent jurisdiction such invalidity shall not affect the remaining portions or applications of the bill which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperative and to this end bills are declared to be severable. (hh) The presiding officer may, upon a member of the public being recognized to address the Council, limit him to no more than five (5j minutes, unless a majority of the Councilmen present vote to extend such period. SEC. 2-10 STANDING COMMITTEES OF COMMON COUNCIL; TITLES AND RESPONSIBILITIES. (a) There shall be seven (7) standing committees or- ganized within the City Council. Each committee except the Council Rules Committee shall consist of not less than two (2) councilmen each and this number shall constitute at least two-thirds (2/3) of the total membership of each standing committee. Councilmen 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. (b) The citizen members of the standing committees shall have been residents of the City of South Bend for not less than one (1) year prior to appointment and shall continue such residency as a qulaification for membership. The citizen members of the standing committees shall serve without compensation for one (1) year terms with each appointment expiring by the first meeting of the new calendar year. (c) Citizen members shall be appointed by the majority of the Common Council. In making such appointments, the Council shall assure that the citizen members are broadly representative of the South Bend community. (d) Any citizen member vacancy of the standing com- mittees shall be filled for the unexpired term in the same manner as the original appointment. A vacancy shall be deemed to exist upon the occurrence of any one of the following conditions: below: (1) if a citizen member moves his permanent place of domicile out of the City of South Bend; dies; resigns; or for any reason re- fuses to serve during the period for which he or she was appointed; or (2) if a citizen member fails to attend and participate in the meetings of the standing committees as may be determined by the President of the Council. Any decision of the President in this regard shall be subject to review by the Common Council. (e) The seven (7) standing committees shall be listed -12- (1) Administration Personnel and Finance, (2) Council Rules 4-2* 0) Human Resources and Economic Development (4) Parks and Recreation (5) Public Safety. (6) Public Works (7) Residential Neighborhoods 44}{8} Wags-atd-A9eats---die-xaex�besh}p-ef-}s-eex}ee- ska}1-sae}�ele-a}�-eet��e���es; P�es�e�es�-e�-the-Eat��ei� (f) Responsibilities and Scope of Council Committees. The general responsibilities of each Council Committee shall in- clude the right to review all legislative proposals, reports and otherpertinent information under its jurisdiction; and to monitor on a continuing basis the department, bureaus and public officials under its jurisdiction. Each Council Committee shall report periodically to the Council, with a minimum of semi-annual reports being given by each committee. 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 Councilman of each committee shall be chairman and in his absence the next named Councilman. No citizen member shall serve as chairman of any standing committee. (h) The committee shall meet on the call of the chairman or by the call of any two (2) of its councilmen, in case the chairman is absent or declines to call such meeting. A majority of the total membership of a standing committee shall constitute a quorum. (i) A special committee, when its report Cif made) is disposed of and it has no other business, stands dissolved without motion; but an affirmative vote on recommitment has the effect of reviving such committee (j) The report of a minority of a committee or sup- plemental report shall be regarded as an amendment to, or supplement to the report of the committee if so designated. (k) When any matter has been referred to a committee, the Councilman introducing the same shall have the right to meet with such committee during its deliberations thereon, but shall not vote. (1) A committee may not erase, interline or blot any ordinance, resolution or other paper referred to it; but must enter upon a separate paper any amendments it may propose, stating the words which it is proposed to insert or omit, and make reference to page, line and words of the original paper. (m) All reports of committee shall be in writing, and majority reports shall be signed by a majority of the members thereof. (Code 1916, 97; Code 1962, 92-11; Ord. No. 5484-73, §1; Ord. No. 5783-75, 91), (n) The rules of the Council as far as they are applicable shall be the rules of the committee, and procedure in the committee where not otherwise provided herein, shall follow the procedure of the Council. (o) It shall be the duty of the Chairman of each Council committee to report promptly to the Common Council on all bills, resolutions, r%ortsI or other matters referred to it for consideration; and each chairman shall take or cause to be taken the necessary steps to bring such matters to a vote of the Council. -13- (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 Chairman or his 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 Chairman 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 commence- ment 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 shall make such public announce- ments 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 agree: 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, ro riety, courtesy, and decorum, and to assure the proper fact -liming mission through the hearing process, the Chair- man 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. SEC. 2-10A POWERS, DUTIES AND PROCEDURES OF THE COUNCIL RULES COMMITTEE (a) The Common Council recognizes that its councilmen hold their offices as a trust conferred upon them by the citizen voters of the community, and that this public trust requires all councilmen to observe the highest standard of conduct in carrying out their official duties. (b) The Council further recognizes the Council Rules Committee as part of the crforcing mechanism of the Rules and Regulations governing the Common Council. (c) The Council Rules Committee referred to hereinafter as "Committee" shall consyst of not less than three (3) members, of whom there shall be a reflection of the political composition o the Council. However, the remaining odd -numbered member shall be the President of the Common Council. (d) 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 Com- mittee members. Said member may return to the Committee after the matter has been finally_ resolved and if the Councilman desires to be reinstated. (e) Officers and Staff. The Committee shall elect from its membership a Chairman and a Vice -Chairman who shall, each be selected for one-year terms. The City Clerk or a designee of said office shall serve as the custodian of its records and minutes. The City Attorney's Office and the Council Attorneys may furnish legal assistance to the Committee, and the Committee -14- within the limits of its budgetary appropriation may be author- ized to employ or engage the services of such other personnel on a limited basis as it deems necessary for the purposes for wnicn it was created. (f) Duties. The Committee, in addition to such other duties as may be prescribed to it by this code, shall have the rollowing responsibilities: (1) to receive and hear any complaint properly filed which alleges misconduct of any councilman or any violation of the Rules and Regulations thereof; (2) to obtain information with res ect to any complaint tiled pursuant to thys section and to that end may issue subpoenas upon a majority vote of its members to compel the attendance and testimony of witnesses, and to issue subpoena duces tecum for the production of books, papers, records or other documents relevant or material to any matter under in- vestigation or in question before the Committee; (3) to recommend to the Common Council whatever sanction deemed appropriate with.respect to particular councilmen as will best maintain in the minds of the public the highest standard of conduct and character in carrying out official council duties; (4) to recommend additional legislation to the Council relating to the conduct and ethics of the councilmen; (5) to act as an advisory body to the Common Council and to individual council members on questions relating to possible conflicts of interest and misconduct; (6) to maintain permanent records of its investications, inquiries, and proceedings, and (7) issue_ contempt citations upon the vote of the majority against any person or councilman who tails br 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 inves- tigation into the alleged conduct of any councilman only (a) upon a written complaint signed by the complaining party, or kb) if initiated by at least two members of the Committee. When a complaint is tiled with the Committee, a copy shall be promVtly sent to the councilman alleged to have committed the violation. The Committee shall determine in a nonpublic executive session whether the complaint alleges facts sufficient to constitute statut- ory violation. In making such determination the Committee shall: (1) determine by the affirmative vote of the majority of the Committee that the complaint fails to allege specific facts which if proven, would constitute a violation of the Rules and Regulations; (2) refer the complaint to the proper legal advisor or other person designated by the Committee for such purpose., who shall perform a preliminary -15- investigation and .report back to the Committee as soon as possible for their next meeting, where a recommendation as to the nature and, scope of any further action on the case is then made. If the Committee determines the complaint does not allege facts sufficient to constitute a Code or statutory violation, the com- plaint shall be dismissed and the complainant and councilmen so notified. It the Committee determines the complaint does allege- -facts sufficient to constitute a Code or Statutory viola- tion, it shall promptly investigate the alleged violation. it, atter the limited preliminary investigation, the Committee de- termines that probable cause exists to support an alleged viola- tion, it shall convene a hearing on the matter within thirty (JU) days atter making such determination. All action and all records relating to the preliminary investigation shall be contidential. (h) Hearings. If the Committee determines a public hearing is to be held, the councilman -respondent shall be allowed to examine and make copies of all evidence in the Committee's pos- session relating to the cnarge(s). At the nearing, the Committee shall receive testimony and evidence and the charged party shall be attorded 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 wit- nesses. 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, sufticient and substantial evidence of a code or statutory viola- tion. Such report shall be supported and signed by a majority of Committee members. If the Committee determines that the councilman -respondent has not violated a code or statutory pro- vision, it snail dismiss the charge(s). It a violation is found by Committee, Committee shall then recommend appropriate sanction(s) to the common Council. (j) Council Action, The Common Council shall consider and act upon each report trom Committee within ten ("_lU) days atter receipt thereof and make its findings known at a regular or special council meeting. In making such a determination, the Council shall: (1) have the City Clerk send copies of the report and findings to each councilman as soon as practicable. (2) not receive any testimony or other evidence but may remand a case to the Committee for the taking of additional testimony with specific instructions as to what additional evidence or other testimony is needed. (3) in its discretion hear opinions from the public present at said meeting, however these opinions shall not be regarded as evidence. (4) affirm, modify, or reject Committees findings as to whether or not a violation was committed. (5) upon modification or rejection of Committee's tindings, rile a written report setting forth the Council's findings and reasons therefore. -16- (6) not be bound to follow Committee's recommendations as to sanctions. (k) Sanctions. Upon finding that a councilman -respondent violated 'LlLt2 Cute Ui Conduct o= the Common Council or other pro- vi�iva, ui Lhls Code, the council by majority vote may take any or Llune of r-he roilowing actions: (1) private censure:, (2) Public censurer, (3) recommend to the CqunCT iman-rPRnnnrlranl- that hp resign his position ori--a gt-nnaing ;:rnri/nr cPcr-i ai committee; ( 4 ) recommend to the Copnc j 1 Tnfan-rp--qnnnHt-nt- i-hat hp, resign from his o ; (5) refer t,}7P matter �n tha i'niintV Prn�r�r�iitnrtq nfficca for aoDronrl ate �aoion: nr (6) refer the matter. by a vote nF twn---hi rr3c,- (9/-I1 of the Council for expii1 si nn frnm i-ha f nmmnn Council. (1) Advisory Opinions. Upon written request of any councilman, Committee shall render an advisory opinion within thirty (30) days after receipt of the request on any question relating to possible conflicts of interest and misconduct affecting the councilman's official function. A majority of the members of committee shall concur in the opinion to be rendered. Committee. snail maintain a permanent record of all opinions so rendered. upon any advisory opinion being submitted to the Council at a 7enera.l meeting, the Council shall affirm, modify or reject Committee s opinion giving reasons for any modifications or rejection. A councilman shall not be held to have violated the standards of ethical conduct it he acted in reasonable and good faith reliance upon an advisory opinion duly affirmed by the council. SEC. 2-11. COMMITTEE OF THE WHOLE 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 Councilmen and from their number, a chairman of such committee, which chairman shall serve for a one-year term. He shall preside at all meetings of such committee and in his absence, any member may, upon motion, be called to the chair. (b) All ard4:manees- bills, resolutions and matters committed to such committee of the whole Council may be read throughout by the Clerk and then again read and debated by sections. The Clerk shall enter upon a separate paper all changes or amend- ments agreed upon by the committee, and reports of proceedings of such committees signed by the chairman shall be made to the Council. After report, the erdinanees- bills shall again. be subject to be debated and amended. (c)_ The rules of proceedings in the Council shall be observed (as well as parliamentary law) in such committee of the whole Council, so far as the same may be applicable, except the rule limiting the time of speaking, but no member shall speak more than twice on any question until every member choosing to speak shall have spoken. (Code 1916, ssg; Code 1962, 92-12). SEC. 2-12 COUNCIL MEETINGS; ORDER OF BUSINESS. Business shall be taken up in the following order, unless the Council, by a two-thirds (2/3) vote shall suspend the rules: -17- Cl) Pledge to the flag. (2) Roll call 4}}(3) Minutes of last meeting (4) Special business (5) Reports of Council committees Reports of city ottices staia��i��-et-sefeet- Repert-€�e�t-degatxger�ts- Repert-teem (6) Committee of the Whole ( 7 ) vrd---�z3aaees Bills on second reading (8) Resolutions (9) 9rd}nanees Bills on first reading (10) Petitions (11) Privilege of the floor (12) Unfinished business (13) New business (4:3}(14) Adjournment. (Code 1916, 59; Code 1962, §2-13; Ord. No. 5484-73, §1). SECTION II. Severability. If any provisions of this bill are held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application and to that end the provisions of this bill are declared to be severable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by its passage by the Common Council, approval by the Mayor, r_ I ftI I _ m � e of the Co on Cncil OHM ist R= D;r iG 1 -V i`_7 7 PU?LC F`-ARING -i - -7 7 2sic! READING NOT APPROVED REFERRED PASSED 110 111 Mflu g CHICE Irene Gammon CITY CLERK, SOUTH BEND INO. Tommfffrr Irparf (To foe Tom = Qlanurd of i4r Tug of #ova# Jrnd: Your Committee OF THE WHOLE to whom was referred AN ORDINANCE REVISING THE GOVERNING RULES AND OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH AND ESTABLISHING CERTAIN STANDARDS OF CONDUCT MEMBERS OF THE COMMON COUNCIL, AND CREATING A FOR THE ENFORCEMENT OF THE STANDARDS CREATED. Respectfully report that they have examined the matter and that in their opinion REGULATIONS BEND, INDIANA, ON THE PART OF RULES COMMITTEE THIS ORDINANCE BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: Section 2-7 (d) page 5 line 3; change notes to votes. Section 2-7A (a) page 6, line 3: delete: of the rank of sergeant or higher. Section 2-8 (w) page 11; Delete in its entirety. Substitute: (w) Every bill shall be read two (2) times with each having its own public bearing and vote as to its passage. No bill shall be read the second time at the same meeting it is introduced unless by unanimous roll call vote of all councilmen present. Additionally there must be at least two-thirds of the entire Council president to carry such a motion. Section 2-8 (d) page 11, line 3; Add following adoption "following its public hearing." Section 2-10 (c) page 12 delete in its entirety. Substitute: (c) Citizen members shall be appointed by the majority of the Common Council. In making such appointments, the Council shall assure that the citizen members are broadly representative of the South Bend community. FRANK HORVATH Chairman Section 2-10A (c) page 14, line 3 delete: "There through party" substitute "there shall be a reflection of the political composi- tion of the Council". FREE PRESS PUBLISHING CO.