HomeMy WebLinkAboutSubstitute Bill No. 42-22 Replacing & Amending Chapter 2, Article 1, Sect 2-1 ,J„.unn. ,oma
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September 12, 2022 Filed in Clerk's wOffice
Sharon L.McBride
President SEP 12- 2022
South Bend Common Council
Sheila Niezgodski 4th CITY OLDER N t . ONES
Vice-President 4 Floor, County-City Building K, SOUTH BEND, IN
Canneth Lee South Bend, IN 46601
Chairperson,Committee
of the Whole Re: SUBSTITUTE ORDINANCE OF THE COMMON COUNCIL OF
SOUTH BEND, INDIANA, REPLACING AND AMENDING
Canneth Lee CHAPTER 2, ARTICLE 1, SECTIONS 2-1 THROUGH AND
First District INCLUDING 2-9, OF THE SOUTH BEND MUNICIPAL CODE TO
Henry Davis,Jr. UPDATE AND CLARIFY PROCEDURES FOR THE SOUTH BEND
Second District COMMON COUNCIL AND THE OFFICE OF THE CITY CLERK
Sharon L.McBride Dear Council Members:
Third District
Amendments to the original proposed ordinance were suggested and adopted
Troy Warner by the Council Rules Committee at its meeting on September 12, 2022. This
Fourth District proposed substitute bill includes those changes.
Eli Wax
Fifth District Section 2-9(v)(3) replaced the word"should"with"shall".
Sheila Niezgodski Section 2-9(v)(5) similarly replaced the word "should" with"shall".
Sixth District
Karen L. White Section 2-9(v)(6) is reworded to eliminate the option for three co-sponsors of
At Large a bill to forego having the appropriate Standing Committee Chair sign and
acknowledge the bill before placing the bill on the committee agenda.
Rachel Tomas Morgan
At Large Finally, Section 2-9(y) provides a definition and context for "Special" or
Lori K. Hamann "Commendation"resolutions.
At Large
Thank you for your consideration.
Sincerely yours,
jtj Alt;74#
Sheila Niezgodski, Vice-President,
South Bend Common Council,
Filed in Clerk's Office
SUBSTITUTE BILL NO.42-22 SEP 12 2022
ORDINANCE NO. DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA,
REPLACING AND AMENDING CHAPTER 2,ARTICLE 1, SECTIONS 2-1 THROUGH
AND INCLUDING 2-9, OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE AND
CLARIFY PROCEDURES FOR THE SOUTH BEND COMMON COUNCIL AND THE
OFFICE OF THE CITY CLERK
STATEMENT OF PURPOSE AND INTENT
Chapter 2, Article 1 of the South Bend Municipal Code sets forth several powers, duties
and obligations of the South Bend Common Council, its officers and members, and the Office of
the City Clerk. The last comprehensive review and revision of most of these ordinances occurred
in 1977. The last comprehensive review and revision of many of these ordinances before 1977
occurred in 1966. State and local governments have undergone many changes in the last forty-
five (45) years. One of the most significant changes has to do with the advent of how local
governments serve the public through changes mandated by national emergencies such as
COVID-19. The purpose and intent of these amendments to the Municipal Code are to update the
Code to comply with actual practices and procedures as developed over the last forty-five years,
clarify practices and procedures which need additional explanation, and to establish new best
practices and procedures to better serve the public.
Changes in these amendments reflect an intent to promote inclusivity by use of gender-
neutral references to Council Members. Section 2-2(m) clarifies that the Council President shall
make the Council appointments to various boards, commissions, and committees. This authority
expedites the appointment process so as not to delay necessary actions by the boards,
commissions and committees. Section 2-4(a) establishes the procedure for selecting a presiding
officer of a Council meeting if neither the President nor Vice-President is present at the
beginning of the meeting.
Section 2-6(d)(1) clarifies that the presiding officer's duty to preserve strict order and
decorum applies to Council Members and the public. Section 2-6(e) clarifies that the election of
the Chairperson of the Committee of the Whole shall take place in the same manner as the
election of the President and Vice-President.
Section 2-7(d) clarifies the votes of each Council Member shall be identified by name in
the minutes.
Section 2-8(b) eliminates the phrase"unless excused or necessarily prevented from being
present" with respect to attendance at meetings. Neither State statute, nor the Municipal Code,
addresses what constitutes being"excused." Council members who are absent for any reason will
be noted as such in the minutes. The amendment does not preclude an explanation for the
absence to be noted at the meeting.
Section 2-9(v)(3)clarifies that any bill that does not conform to filing requirements,but not
rejected by the Clerk's Office may be rejected by the Council President and/or the Chairperson of
the Standing Committee having jurisdiction of the bill. Section 2-9(v)(6)establishes a procedure
whereby resolutions or ordinances proposed by Council Members are included on the agenda for
a Standing Committee or the full Council. Section 2-9(v) clarifies the procedure for Council
consideration of a"special"or"commendation"resolution .Section 2-9(y) establishes a procedure
for one or more Council Members to present a "special proclamation" at a time and place other
than a Council meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. Chapter 2, Article 1, Sections 2-1 through and including 2-9 of the South Bend
Municipal Code shall be amended to read in their entirety as follows:
Sec. 2-1. Common Council: Composition; Council Members; eligibility; term;
compensation; vacancy.
(a) The legislative power and authority of the City shall be vested in the Common Council.
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.
(b) The Council shall consist of nine(9)members termed Council Members; six (6) District
Council Members elected from districts more particularly described in section 1-4 of this
Code, and three (3) Council Members-at-Large elected at large from the entire City.
(c) To be eligible to run for the office of Council Member all persons shall be a 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 election; and for all persons to be eligible
to run for the office of District Council Member shall have resided in such district for the
last six (6)months preceding the general election. Should any 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) The election of Council Members shall be in accordance with all laws governing primary
and general elections. The term of office of each Council Member shall commence on the
first day of January after his or her election and shall continue for four(4) years thereafter.
The Council Member's oath of office shall be administered by a duly qualified person to
each Council Member, and such shall be signed and filed with the Office of the City Clerk
on or before said date. The salary of each Council Member 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 Council Member from death, resignation or other
cause, such vacancy shall be filled pursuant to the procedure set forth in IC 3-13-8-1, 3-13-
8-7 and/or 3-13-11-1 et seq. However, if the vacancy is of a District Council Member, the
person selected to fill such vacancy must be a resident of the district from which the vacated
Council Member was elected. All persons filling a vacated Council Member's office shall
hold office only during the unexpired term and shall, during such incumbency, be entitled to
the salary thereto attached.
Sec. 2-2. Adoption of rules and regulations by the Common Council 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 its Members.
(b) Any enumeration of powers in this Code shall not be held to limit the legislative powers 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, 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 effective
operation and conduct of government with respect to municipal and internal affairs and shall
provide for the enforcement of such laws and prescribe violation and punishment thereto.
(e) The Council shall have the authority to request or compel attendance of 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 Chairperson shall call the citizen to
order by a verbal reprimand. If removal of the citizen is deemed necessary, a vote of two-
thirds (2A) of the Council Members present shall authorize removal of said citizen from the
meeting.
(g) The Council shall have the power to discipline Council Members.
(h) The Council shall have the power to pass all ordinances, orders, resolutions and motions for
the government of the City; for the control of its property and finances; and for the
appropriation of money.
(i) The Council shall have the power to financially supervise and investigate all departments,
officers and employees of the City and to examine any charge preferred against a
department, officer, or employee of the City, and to investigate the affairs of any person
with whom the City has entered or is about to enter into a contract.
(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.
(k) Each 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 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) Council
Members. Any monies not used pursuant to such division may be allocated to another
Council Member upon his or her request, with informal Council approval. 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 Council Member of each calendar year.
(m) All Council appointments to various boards, commissions, and committees shall be made by
the President of the Common Council and take office the calendar year for which the
term(s) for such initial or renewal appointments(s) begin, except as provided by section 2-
10 regarding citizen appointments to standing committees of the Common Council.
Sec. 2-3. Organization meeting of the Common Council; officers; election; terms.
(a) The members of the Common Council shall hold their first regular meeting on the first
Monday of January after their election at 7:30 p.m. in the Council Chambers. This meeting
shall take place at 5:00 p.m. on the first Monday of each succeeding January thereafter.
(b) At each first regular meeting, the Council shall choose from members a presiding officer or
president, a presiding officer pro tempore or vice-president, the Chairperson of the
Committee of the whole, and all other Council officers who shall serve until 7:00 p.m. of
the first Monday in January of the next succeeding year. The Council shall also choose its
Council Attorney at said meeting if the Council chooses to appoint a Council Attorney
pursuant to Sec. 2-7.2(a) of this Article.
Sec. 2-3.1. Mayor's Annual Address to Council.
(a) The Mayor shall annually address the Common Council at the first regularly scheduled
Council meeting each February.
(b) The Mayor shall provide a statement of finances and a general condition of the City in his or
her annual address.
(c) If the Council meeting location needs to be moved from the Council Chambers for the
Mayor's annual address in any calendar year, an announcement shall be made by the
Council President at the first or second regularly scheduled Common Council meeting in
December of the prior year under the "Special Business" portion of that meeting announcing
the exact location for that meeting.
Sec. 2-4. Regular meetings of Common Council; calling of Council to order; Council
informal 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 Federal, 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
the President is absent, the Vice-President shall act in the President's stead. If the latter is
absent, any member of the Common Council may, upon motion, passed by a majority of
Council Members present, be called to the Chair, and act as presiding officer only until the
arrival of one entitled to preside.
(b) The President of the Council shall schedule Council informal meetings as necessary, giving
all 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, or in the President's absence, the Vice-President shall act in the President's
stead. Although the parliamentary rules governing procedures for speech and debate may be
set aside at the discretion of the President at such informal 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 the Member's office.
Sec. 2-5. Special meetings of Common Council; procedure for notice, service of notice and
procedure for cancellation.
(a) Special meetings of the Common Council 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, which 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, or the Clerk's
designee.
(d) Each member of the Council shall be notified of the holding of such special meeting by the
Chief of Police or any member 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 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.
(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.
(g) In the event that following the call of a special meeting a determination is made to cancel
said special meeting the following procedure shall be followed:
(1) The Mayor or the members of the Common Council who signed the initial call for the
special meeting shall file a "cancellation notice of special meeting" with the Office of
the City Clerk. Said cancellation shall be duly signed by the individual(s) calling the
meeting and shall be sealed with the seal of the City and countersigned by the Clerk, or
the Clerk's designee.
(2) Each member of the Council shall be notified of the cancellation of the special meeting
by the Chief of Police or any member 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 call
each 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.
(3) Copies of the "call of special meeting" and "cancellation notice of special meeting"
shall be sent to the news media by the Office of the City Clerk.
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 informal 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 or other presiding officer shall have the right to participate in the discussion
of the Council after all other 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.
(d) The President shall:
(1) Preserve strict order and decorum among Council Members and/or members of the
public;
(2) Decide all questions of order, and such decisions shall be final unless appeals are taken
to the Council;
(3) Appoint all standing committees at the commencement of the term of the Council;
provided that such standing committees shall serve only during the term of the
appointing President;
(4) Appoint all special committees which may be ordered by the Council;
(5). Fill all vacancies which may occur in any of the standing or special committees;
(6) Sign all ordinances and resolutions adopted by the Council prior to their presentation to
the Mayor, as well as all ordinances after enrollment, and the journal of the
proceedings;
(7) Perform any function proper and necessary for the effective and efficient operation of
the President's office as deemed in the public interest.
(e) The Vice-President and the Chairperson of the Committee of the Whole of the Council shall
be elected at the same time and for the same term and manner as the President of the
Council.
(f) The Vice-President or other presiding officer shall possess the powers and perform the
duties of the President of the Council when the President is absent, or when a temporary
vacancy occurs in the Office of the President.
Sec. 2-7. Duties of City Clerk as Clerk of Council.
(a) The City Clerk shall be the Clerk of the Common Council.
(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 the Clerk's election and shall continue for four(4) years thereafter.
(c) The Clerk, or a designated representative of the Clerk's Office, in addition to the powers and
duties enumerated in section 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 the 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 with anyone
not a part of said office.
(d) The Clerk shall call the roll at the beginning of each session of the Council and on the vote
of every ordinance and resolution and whenever requested by two (2) members on any other
votes and record the ayes and nays by Council Member name in the minutes.
(e) The Council Members shall be called in the following order: First, the District Council
Members in the order of their districts; next the 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 Council Member by one position.
(f) The Clerk shall provide and maintain in the City Clerk's Office a supply of forms for all
matters required to be filed with the City Clerk.
(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,
all public information which is available concerning the subjects to be discussed at any
regular, special or informal meetings of the Council, and shall also make available the time,
date and place of such meetings.
(i) Upon the request of any Council Member or the Council Attorney on behalf of any Council
Member, 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 Council Members and
to further the effective and efficient operation of the Council.
(j) The City Clerk's Office shall maintain all minutes of the standing and special committees of
the Common Council which are duly filed with said office by the Chairperson of the
Committee. The minutes shall be maintained with the notices of such meetings in a separate
and permanent folder for each committee. All folders shall be open for public inspection
and available for copying at a reasonable cost to members of the public.
Sec. 2-7.1. Sergeant-at-Arms.
(a) 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 this State for the effective operation and conduct of the Council.
Sec. 2-7.2. Council attorney.
(a) A Council attorney may be appointed by the President 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 Council Members are drafted; shall review all proposed 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.
(Ord. No. 6114-77, § 1; Ord. No. 7929-88, § 1)
Sec. 2-8. Decorum and debate regulating Common Council.
(a) The presiding officer shall preserve order and decorum at all Council meetings. When
necessary, the presiding officer may seek the assistance of the Sergeant-at-Arms in the
enforcement of this provision.
(b) Each member of the Common Council shall be present within the Council Chamber during
the sessions of the Council and shall vote on each question put unless excused from voting
by a majority of the members present. Any Council Member not present shall be noted in
the minutes as absent.
(c) A Council Member shall not vote or take any other discretionary action in the Member's
official capacity, except in the exercise of the Member's own independent judgment,
reached after due regard for the collective interests of the Member's 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 Council Member has or is likely to have a substantial conflict of interest in
connection with a matter pending before the Council in which the Member's action may be
influenced by possible economic benefits or material personal gain, the Member shall
disclose fully the nature of the potential conflict of interest, in which event the Member 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 substantial conflict of interest.
(e) Whenever a 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, the Member
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) 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 the Member believes or
reasonably should believe was intended to influence the Member's vote or other action
to be taken in the Member's 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 the Member's official capacity already
taken by the Member; or
(3) The acquisition or use for personal purposes of any property, services or funds of the
City, unless authorized by law; or
(4) The use for personal gain of information pertaining to the City of South Bend, which is
not a matter of public record, at a time when it is treated as confidential by the officials
of the City.
(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.
(h) When two (2) or more Members seek recognition at once, the presiding officer shall name
the Member entitled to speak.
(i) No member shall speak more than twice nor for more than five(5)minutes on the second
occasion, upon any one (1) 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) 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) No Member shall impugn the motive of another.
(1) Any member may change their vote before the announcement of the result by the presiding
officer.
(m) If any Member, in speaking or otherwise, shall transgress the rules of the Council, the
presiding officer shall, or any Member may, call that Member to order, in which case the
Member 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 by
a majority vote of the Members present. If the decision is in favor of the Member called to
order, that Member shall be at liberty to proceed, but not otherwise, and if the case requires
it, that Member shall be liable to the censure of the Council.
(n) Should any Council Member, in the course of the Member's remarks, violate a second time
any rule of the Council, and again be called to order that Member shall not speak further
upon the pending question, except by permission of two-thirds (Z/3) of the members present.
(o) Each Council Member shall observe the highest standards of dignity, propriety, courtesy,
respect and decorum when with other Council Members, officers and employees of the City,
and all other persons, and when carrying out any of the responsibilities, duties and services
allowed or mandated by the office of a Council Member.
(p) Unless excused in advance by the presiding officer, persons in the Council Chambers and in
the Council Informal Meeting Room shall turn all cell phones, and any other electronic
devices to silent mode when the Common Council is in session and when any Standing
Committee meeting is in progress. Council Members and citizen members of any Standing
Committee may not send, view or listen to any electronic message communications while a
Council or citizen member is part of the quorum for such meeting or while such meeting is
in progress. Any electronic device which is used through City-controlled access and which
is needed during the Common Council or any Standing Committee is permitted for the
purpose of accessing city information, city presentations, and to record minutes and notes.
(q) As used in this Article, "electronic device" means a wireless and/or portable electronic
handheld piece of equipment that includes, but is not limited to, existing and emerging
mobile communication systems and smart technologies (cell phones, smart phones walkie-
talkies, pagers, etc.) portable internet devices (mobile managers,mobile messengers,
BlackBerry T handset, etc.) Personal Digital Assistants (PDAs), (Palm organizers, pocket
PCs, etc.) and any other convergent communication technologies that do any number of the
previously mentioned functions. "Electronic device" also includes any current or emerging
wireless handheld technologies or portable information technology systems that can be used
for word processing, wireless internet access and information transmitting/receiving, etc.
Tape recorders, cameras, and hearing aids3 shall be excluded from the definition of
"electronic devices" as used in this Article. Emergency communication devices used by
sworn police officers and medical first responders who are in attendance of a Common
Council or Standing Committee meeting shall be in excluded from the provisions of this
Article.
3 Hearing aids are defined by the National Institute of Deafness and Other Communication
Disorders (NIDCD) as a "small electronic device that you wear in or behind an ear which is
designed to make some sounds louder so that a person with hearing loss can listen, communicate
and participate more fully in daily activities."
Sec. 2-8.1. Parliamentarian of the Common Council.
(a) The Council Attorney or in the Council Attorney's absence, the City attorney, or designate
of the City Legal Department, shall act as Parliamentarian of the Common Council at all
general, special and committee meetings of the Council.
(b) The Parliamentarian shall decide all procedural questions only upon request of any Council
Member during a meeting. Such decisions shall be advisory in nature.
(c) The Parliamentarian shall have in the Parliamentarian's possession the appropriate rules and
regulations governing the Council at all general, special and committee 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.
(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 of legislative assemblies.
(b) A majority of all the Council Members shall constitute a quorum for the transaction of
business of the Council. It shall require a majority vote of all the 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 (2/3) vote, such requirement shall be construed to mean a
two-thirds (%) vote of all Council Members.
(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 majority vote of the Council.
(d) No ordinance or resolution shall be received or considered by the Council unless it is
presented by a member thereof, a duly authorized member of the City Administration, or as
otherwise 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, 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
calculating said majority:
(1) Only 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.
(2) Abstentions shall not be counted as either an "aye" or "nay" vote.
(h) The presiding officer shall decide whether any question is carried by affirmative or a
negative vote; but if the presiding officer is in doubt, and the "ayes" and "nays" or a division
be called for, the presiding officer shall call for a roll call vote.
(i) When a question is under debate, no motion shall be received, but to adjourn, for the
previous question(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) 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 over the former.
(k) The motion to lay an amendment on the table shall not affect the subject which it is
proposed to amend.
(1) A "call for question" motion shall be proper after each member present has had the
opportunity to address the specific issue under debate. Said motion shall not require a
second and upon such a motion all debate shall cease. The presiding officer shall then repeat
the"call for question"motion pending before the Council and ask for a voice vote on said
issue.
(m) The motion to postpone to a date certain can be amended by altering the time.
(n) The motion to commit may be amended by altering the committee or by giving instructions.
(o) 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 (1)
amendment may be offered, but neither may be withdrawn before amendment or decision is
had thereon.
(p) No motion or proposition postponed indefinitely shall be taken up again at the same or next
succeeding meeting.
(q) A question shall be divided on the demand of any member if it includes two (2) or more
distinct propositions.
(r) A motion to strike out and insert shall be indivisible,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 consideration shall be submitted under
color of amendment.
(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 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.
(t) When a resolution is offered or a report or other matter presented, the presiding officer may
take the reception thereof for granted, unless objection be made, when a formal motion shall
be required.
(u) Appeals, questions of order, objections to the consideration of a question, the reading of
papers, leave to withdraw a motion and suspension of the rules are questions which shall
take precedence over 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) Form of ordinances and resolutions: All legislation of the City shall be by ordinance or by
resolution. The word "resolution" as used in this chapter shall be the official action of the
Council, and shall be limited to matters authorized by local, State or Federal law, and to
matters pertaining to the internal affairs or operations of City Government. All resolutions
shall be assigned a bill number by the City Clerk's office upon being properly filed with the
City Clerk's office. Each resolution must have a short title identifying the subject matter of
the resolution, followed by "whereas" clauses which set forth the background information of
the resolution. Following the end of the "whereas" portion, the next paragraph shall begin
with the words "Now, therefore, be it resolved by the Common Council of the City of South
Bend, Indiana, as follows:" and a section by section format shall follow thereafter. If the
resolution is adopted by the Common Council and approved by the Mayor, the City Clerk's
Office shall assign it a resolution number.
All matters of a general and permanent nature which address issues addressed in the South
Bend Municipal Code, which establish fees, or which regulate conduct, or which prescribe
penalties, shall be submitted in the form of an ordinance. Each ordinance shall be identified with
a bill number assigned by the City Clerk's office upon proper filing with that Office. Each
ordinance must have a short title, and must specifically refer to the chapter, article and section of
the Code, when it proposes an amendment to the South Bend Municipal Code. Ordinances shall
be numbered in the order they are passed but shall be listed on the Council's agenda as they are
introduced for filing, except when the Council may direct otherwise.
The following format shall-be used when introducing a proposed ordinance for Council
consideration:
(1) Each bill filed for ordinance consideration shall begin after a preliminary "Statement of
Purpose and Intent" which shall set forth the overall purpose(s) of the bill, as well as
relevant background information addressing governing local, State or Federal law or
policies. Following the end of the statement of purpose and intent, the next paragraph
shall begin with the words: "Now therefore, be it ordained by the Common Council of
the City of South Bend, Indiana, as follows:" with a section by section format
following thereafter.
(2) All bills filed for ordinance consideration which propose to amend the South Bend
Municipal Code must include a detailed summary of the proposed changes in the
statement of purpose and intent. All such bills must use one(1) of the following
formats:
a. Following the statement of purpose and intent section, the introductory sentence
to the first section must include the words "Chapter , Article , Section
of the South Bend Municipal Code shall be amended to read in its entirety
as follows"; or
b. Following the statement of purpose and intent section, the introductory sentence
to each section of the South Bend Municipal Code which proposes new language
must set forth the proposed new language in bold type or may underline such
proposed new language and must show the deletion of current words with a dash
through such language, so long as that utilizing this format does not cause undue
confusion.
(3) Any bill submitted to be considered for ordinance consideration which does not
conform to the applicable requirements of this section may be rejected by the City
Clerk's Office when presented for filing. Any non-conforming bill not rejected by the
City Clerk's office may be rejected by the Council President..
(4) All proposed resolutions and ordinances must be accompanied by a separate cover
letter from the party initiating such resolution or ordinance. Each such letter must
clearly identify the salient points of the proposed resolution or ordinance and must
identify the person who will be giving the presentation at the public hearing, if
different from the person signing the letter. Any proposed resolution or ordinance
which is not accompanied by such a letter may be rejected by the City Clerk's Office
when presented for filing.
(5) Resolutions or ordinances proposed by the City Administration shall when at all
possible and in the interest of furthering better communications between the
administrative and legislative branches, have the proposed resolution or ordinance
signed by the Chairperson of the Standing Committee which has jurisdiction over the
subject matter addressed in the proposed legislation.
(6) Resolutions or ordinances proposed by one or more Council members shall have the
proposed resolution or ordinance reviewed and signed by the Chairperson of the
Standing Committee which has jurisdiction over the subject matter addressed in the
proposed legislation acknowledging that the bill will be heard before said Standing
Committee. Any such proposed resolution or ordinance not signed by the Chairperson
of the Standing Committee which has jurisdiction over the subject matter addressed in
the proposed legislation will not be considered by a Standing Committee or the
Council.
(7) The party initiating any legislation which is amended during the Common Council's
public hearing, must file a complete original of such amended legislation with the
Office of the City Clerk, by the next business day.
(8) If the proposed ordinance is passed by the Common Council and approved by the
Mayor, the City Clerk's Office shall assign it an ordinance number.
(9) Any substitute proposed resolution or substitute proposed ordinance filed with the City
Clerk for Council consideration which is filed to replace an original filing with that
office, must be accompanied with a cover letter which summarizes the changes being
recommended in the substitute version.
(10) The signatory section for a bill or proposed resolution shall read as follows:
Sharon McBride,President Common Council
of the City of South Bend
ATTEST:
Dawn M. Jones, Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City for his approval on the day of , 2022, at o'clock
. m.
Dawn M. Jones, Clerk
Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend,
approve said Ordinance and return the same to the Clerk of the City of South Bend this
day of , 2022.
James Mueller, Mayor
(w) Every bill filed for ordinance consideration shall be read a total of three (3) times by title by
the Clerk. If a bill's title was amended in the Committee of the Whole, the amended title
shall be read by the Clerk at third reading. No bill shall be read the third time at the same
meeting it is introduced unless by unanimous roll call vote of all Council Members present.
Additionally, there must be at least two-thirds (2/3) of the entire Council present to carry
such a motion.
The City Clerk shall read by title only all bills filed for first reading. At that time, the
Council may send the bill to a proper Council Committee for review and recommendation, if
appropriate, and set a date for second reading, public hearing and third reading. At the time of
public hearing before the Committee of the Whole of the Council, on said bill, the Clerk shall •
read the bill by number and title only. When amendments to bills are approved by the Council
which amend the title of said bill, the Clerk shall read the amended title on second and/or third
reading(s). The bill shall receive a third reading by title only, after which a formal vote of the
Common Council shall be taken on the bill.
(x) No bill filed for ordinance consideration or proposed resolution shall appear on the agenda
of a regular meeting of the Common Council unless said bill or proposed resolution has
been properly filed in the Office of the City Clerk on or before the Wednesday at 12:00
noon immediately prior to said regular meeting. All such filings shall be on eight and one-
half by eleven inch (8'/" x 11") white paper and/or filed electronically with the Office of
the City Clerk, along with a proper cover letter as further addressed in subsection (v)(4) of
this section. In matters dealing with proposed rezonings, tax abatements, vacations of public
property, variances and special exceptions, or any other matter where a petition or other
document is required at time of filing, all required attachments must be filed at time of filing
the bill or proposed resolution. Any exhibits referenced in a bill or proposed resolution must
accompany the document at time of filing. In the event that a filing is not complete, the
Office of the City Clerk may reject a proposed filing as further addressed in subsection
(v)(3) of this section. Special or Commendation resolutions may be filed on eight and one-
half by fourteen inch (81/2" x 14") white paper and/or filed electronically with the Office of
the City Clerk. This subsection is not applicable to special meetings. The City Clerk's office
may reject all ordinances and resolutions not meeting the filing deadline, or in the
alternative,may schedule such late filing(s) for the next subsequent Council meeting
agenda. The Clerk's Office shall immediately notify the Council President, the Chairperson
of the Standing Committee which has jurisdiction over the proposed bill and the sponsor(s)
of the proposed bill if the bill has been rejected or scheduled for the next subsequent
Council meeting agenda.
(y) The City Clerk's office may reject all such resolutions not meeting the filing deadline, or in
the alternative, may schedule such late filing(s) for the next subsequent Council meeting
agenda. The Clerk's Office shall immediately notify the Council President and the
sponsor(s) of the proposed bill if the bill has been rejected or scheduled for the next
subsequent Council meeting agenda. A "Special" or"Commendation"resolution, i.e., a
resolution not legislative in nature, but calling for recognition of an individual, group or
organization for notable accomplishments may, in the President's sole discretion, be placed
on the agenda of the upcoming Council meeting. Such resolutions shall not be assigned to a
Standing Committee, but rather be placed on the full Council agenda under"Special
Business" and shall be subject to a voice vote, not a roll call vote.
(z) "Special Proclamations"may be presented by one or more Council members on their own
behalf to individuals, groups or organizations at any time and place other than a Council
meeting.
(aa) When a bill is introduced, it shall be read by title by the City Clerk after which the presiding
officer shall entertain a motion for disposition.
(bb) The third reading of the bill shall be by title, after which the presiding officer shall state that
"This is the third reading of the bill, the question is shall the bill pass?"
(cc) Any bill may be stricken from the files at any time before passage by a two-thirds (2/3) vote
of all members elected.
(dd) Any 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 reconsidered, as authorized by
subsection(s) of this section.
(ee) All votes upon the passage of bills and resolutions, and upon motions to suspend the rules
or motions to reconsider shall be by roll call.
(ft) 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.
(gg) No proposition to rescind or change any standing 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 by passed except in the form of an ordinance and
according to the forms prescribed for the passage of ordinances.
(hh) Effective date: The effective date of all bills shall be prescribed therein; however, no bill
prescribing a penalty or forfeiture for a violation shall become effective before publication
in the manner prescribed by IC 36-4-6-14(b) or(c).
(ii) 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 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.
(jj) The presiding officer may, upon a member of the public being recognized to address the
Council, limit him or her to no more than five (5) minutes, unless a majority of the Council
Members present vote to extend such period.
(kk) Each member of the public who wishes to be recognized by the presiding officer in order to
speak during a public hearing, must give his or her name and address for the record.
(11) No member of the public may speak twice on the same issue unless a majority of the
Council Members present vote to allow such a second presentation. A three-minute limit
shall apply to such a second presentation.
SECTION II. This Ordinance shall take effect upon passage by this Common Council, approval
by the Mayor, and any publication required by law.
PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana
this day of , 2022.
Sharon McBride,President Common Council
of the City of South Bend
ATTEST:
Dawn M. Jones, Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City for his approval on the day of , 2022, at o'clock
. m.
Dawn M. Jones, Clerk
Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend,
approve said Ordinance and return the same to the Clerk of the City of South Bend this
day of , 2022.
James Mueller, Mayor