HomeMy WebLinkAboutPress Release 07-14-2022 Council Police Tape ProcessCity of South Bend
Common Council
441 County-City Building ● 227 W. Jefferson Blvd
South Bend, Indiana 46601
(574) 235-9321● Fax (574) 235-9173 ● TDD (574) 235-5567 ● http://www.southbendin.gov
NEWS RELEASE
Subject: Clarification of the South Bend Common Council’s “Police Tapes”
Process
Date: Thursday, July 14, 2022
From: Atty. Bob Palmer, Council Attorney
Contact: Bob Palmer, Council Attorney: bpalmer@southbendin.gov
CLARIFICATION OF SOUTH BEND COMMON COUNCIL’S “POLICE
TAPES” PROCESS
Some media reports based on my written answers to questions regarding the
Common Council’s process following the Indiana Court of Appeals reversal of the
trial court’s ruling in the Common Council’s favor in the “Police Tapes” case
misinterpreted my statements. One report stated that the Common Council would
decide what actions to take in an Executive Session held on July 12, 2022. That is
incorrect. Under Indiana statute, no decisions can be made or votes taken, in an
Executive Session. One of the purposes of the Executive Session was to discuss
options available to the Common Council.
Another report implied that a decision about the litigation would be made at the
upcoming July 25, 2022, Common Council meeting. That implication is not entirely
accurate. The Common Council decided several years ago to pursue legal action to
obtain the recordings. That decision was made in a public Common Council meeting
by a majority vote of the Council members. That decision remains in effect until the
litigation is resolved or the Common Council decides to pursue some other action.
The decision to pursue any other action must be made by motion and a majority vote
of Council members at a public Common Council meeting. The next public meeting
of the full Common Council is scheduled for July 25, 2022. If there is no motion to
take other action, or if such a motion is not passed, the Council will continue with the
litigation to obtain the recordings.
To the extent that my statements suggested that a decision would be made either
in the Executive Session or in the July 25 Council meeting, I regret the confusion.
The process stated above must be followed to comply with the Indiana Open Door
Laws.
Sincerely,
_____________________________________
Robert J. Palmer, Council Attorney
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Sharon L. McBride
President
Sheila Niezgodski
Vice President
Canneth Lee
Chairperson, Committee
of the Whole
Canneth Lee
First District
Henry Davis, Jr.
Second District
Sharon L. McBride
Third District
Troy Warner
Fourth District
Eli Wax
Fifth District
Sheila Niezgodski
Sixth District
Karen L. White
At Large
Rachel Tomas Morgan
At Large
Lori K Hamann
At Large