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HomeMy WebLinkAbout2023 Department of Law Annual Report Filed in Clerk's Office 14/1'1' 1 0 202/1 Bianca Tirado City Clerk, South Bend, IN MISSION The Department of Law provides quality legal representation to the City of South Bend's Mayor, departments, commissions, boards, and agencies with a dedicated and professionally skilled staff, efficiently and cost effectively, in furtherance of the City's strategic goals, and while preserving the legal and ethical integrity of the City.The services of the Department of Law are most directly tied to the City's core value of being a Well-Governed and Administered City. WHO WE ARE Great Employer with Great Employees The Department of Law is comprised of diverse and talented legal professionals working collaboratively in an inclusive environment.We pride ourselves on our strong commitment to the City's core values of Inclusion and Excellence. AS OF DECEMBER 31, 2023,WE HAD ONE OPEN ATTORNEY POSITION,AND OUR TEAM CONSISTED OF: 8 Attorneys */11 111*SI *%1* *%111 Sandra Kennedy,Jenna Throw,Kylie Connell,Kathryn Hough,Thomas Panowicz,Michael Schmidt,Adam Taylor,Danielle Campbell Weiss 2 Paralegals Sarah Curl-Larson,Julie Wisner 2 Legal Assistants Marissa Frattini, Elizabeth Mellor 1 Ordinance Violations Bureau Clerk Ashley Sniadecki I I Page Filed in Clerk's Office Li;,, AStaff Transitions in 2023 Bianca Tirado City Clerk, South Bend, IN City Attorney: The City Attorney position was made full-time in 2023. Previously it was part-time with benefits. :Maclean DeRose retired from the City in July 2023 after 32 years of service. Jenna Throw was promoted from Assistant City Attorney to City Attorney on July 31, 2023. Office Staff: Ashley Sniadecki was selected as the Ordinance Violations Bureau Clerk in March 2023. Elizabeth Mellor joined the Department as an Administrative Assistant in August 2023, replacing Ashley Sniadecki. Supporting the City and Its Departments The Legal Team works with the City's Departments to help them reach their goals in a manner that is compliant with state,federal,and local laws.We endeavor to help each of them be a great employer with great employees. South Bend Police Department The Department of Law assisted SBPD leadership in drafting an amended Vehicle Pursuit Policy along with approximately 12 other policy updates, as well as with the negotiation of an updated School Resource Officer Agreement with the South Bend Community School Corporation. Additionally,we drafted an Officer Involved Shooting MOU for the mutual investigation of officer involved shootings and deaths with the City of Mishawaka and St.Joseph County.The Department of Law conducted a training session for recently promoted supervisors.The Department of Law also worked with SBPD leadership on implementation of the Real Time Crime Center including researching best practices in policy,drafting of associated MOUs,and reviewing contracts. A member of the Legal team (Kylie Connell) represents SBPD before the Board of Public Safety; a different member of the Legal team (Danielle Campbell Weiss and/or Tom Panowicz) supports the Board of Public Safety. South Bend Fire Department The Department of Law worked to successfully defend a significant lawsuit filed against the SBFD EMS,which was the first case involving the City that went to trial in at least 5 years.The jury returned a verdict in favor of the City.Throughout 2023, the Department of Law continued to assist SBFD to develop and finalize significant Lexipol policies and seek approval through the Board of Public Safety. The Department of Law worked with SBFD leadership to review, update, and present for approval the full SBFD Lexipol policy manual to finalize its transition from the Duty Manual. The Department of Law helped introduce many new Lexipol policies,including:a drone use policy,a video recording policy, a policy to guide and protect department personnel in interactions with First 2I I' t 2 Bianca Tirade City Clerk,South Bend, IN Amendment Auditors, and a policy directing the SBFD's handling, storage, and administration of narcotics. The Department of Law assisted with handling three pension disability hearings, including in a line of duty death decision that was upheld by INPRS review.The Department of Law, in conjunction with the pension secretary, created a disability application process for disability pensions. A member of the Legal team (Adam Taylor) represents SBFD before the Board of Public Safety; a different member of the Legal team (Danielle Campbell Weiss and/or Tom Panowicz) supports the Board of Public Safety. Department of Community Investment Building:The Department of Law provided general legal support to the Building team,including general advice regarding interpretation of laws,support in meetings with third parties,and consultation regarding the intersection of Building Code provisions with new Indiana legislation. Engagement&Economic Empowerment:The Department of Law provided general assistance to the Engagement & Economic Empowerment team, including general advice regarding contracts and legal requirements, as well as document drafting, review, and revisions. We assisted EEE with support in creating and implementing agreements, terms, and conditions for the City's first award of the Ignite Grant to successful Neighborhoods.The Department of Law also assisted with agreements involving the second annual Linden Avenue Pop-Up Market and helped implement an agreement with vendors for market vouchers for elderly and low-income citizens to purchase fruits and vegetables.The Department of Law assisted in implementing an agreement initiated by EEE,and in conjunction with Venues and Parks, to host a Legal Help Kiosk for low-income citizens to access legal resources and advice. Growth & Opportunity(Business Development):The Legal team provided legal support to the Growth & Opportunity team through the process of expanding the riverfront district for alcohol permits by Council ordinance and revised the current riverfront district guidelines to clarify expectations and tighten up enforcement mechanisms for noncompliant permit holders. The Legal team also provided legal support by drafting and negotiating new development agreements,real estate purchase agreements,lease agreements,option agreements,and access agreements. It also drafted necessary amendments to existing agreements,resolutions for board action, assisted in the preparation of requests for proposals for multiple city-owned properties, and drafted and negotiated memoranda of understanding, donation agreements, and professional services agreements. Further, the Legal team provided general advice regarding uses of tax increment financing, tax abatements, and other financing mechanisms. The Department of Law also assisted Growth & Opportunity staff to determine strategies for managing non-compliant business partners, bringing resolution to several non-compliant agreements, and working towards resolution in several others.Additionally,we supported the Redevelopment Commission,Redevelopment Authority, and Economic Development Commission in their public meetings. Historic Preservation:The Legal team supported the Historic Preservation Commission and its staff to ensure compliance with applicable laws.Notably,the Legal team worked with internal and external partners for the fair consideration of the History Museum's request to move the Navarre Cabin. Additionally, we worked with staff and the Commission to pass the updated and revised Standards and Guidelines for historic properties. 3 1 P ..t;* c Filed in Clerks Office 1 U Bianca Tiracio City Clerk, South Bend, IN Neighborhood Health & Housing: The Department of Law provided general support to the Neighborhood Health & Housing team, including general advice regarding interpretation of contractual terms and statutes,as well as contract drafting,review,and revisions. Neighborhood Services and Enforcement:The Legal team represented the City's interests in over 480 NSE Hearings. Further,we assisted NSE leadership with legal aspects of various projects,such as No Mow May,Dead Tree Removal,and 4`h Amendment training to NSE inspectors and staff. Additionally, we counseled NSE leadership with application of the Property Maintenance Code and the Unsafe Building Law to many properties,including special assessments,liens,receivership and notice of public bids for demolitions. Legal met bi-weekly with Neighborhoods and NSE Leadership to consult and provide guidance, as well as drafting of related documents, on NSE and RSVP matters, in addition to attending monthly Problem Property Team meetings with NSE Leadership. Regarding RSVP, Legal worked with Neighborhoods and NSE leadership and Council leadership to complete a revision of the RSVP ordinance that was enacted. Planning and Zoning: The Department of Law provided general legal support to the Planning and Zoning teams,including general advice regarding interpretation of laws,support in meetings with third parties, and contract drafting, review, and revisions. For example, Legal assisted Planning and Zoning leadership with the Airport-Moss Annexation Area statutory compliance and provided the leadership a written reference guide for timelines of various zoning processes. Additionally, we supported the Board of Zoning Appeals and the Area Plan Commission in their public meetings. South Bend Animal Resource Center:The Department of Law provided general support and guidance to SBARC staff particularly regarding the interpretation of State and local laws. Also, a member of the Legal team (Tom Panowicz or Sandra Kennedy) represented and advocated for SBARC by preparing for and attending fifteen (15) Animal Welfare Commission hearings. The Legal team additionally attended a further ten (10) AWC meetings on SBARC's behalf. A separate attorney from the Legal team(Kylie Connell or Adam Taylor)provided support to the AWC,including representing the AWC in an appeal of a decision rendered regarding a "dangerous animal" designation. Further, the Department of Law created a digital handbook for the commissioners. Sustainability:The Legal team provided general legal support to the Sustainability team,including attending meetings with third parties, providing general guidance and advice regarding the interpretation of contractual terms and conditions,as well as contract drafting, review,and revisions. Department of Public Works The Department of Law oversaw another successful year of operations for the City's Engineering Department and Board of Public Works. We provided legal counsel for the award of the first Construction Management Contract for the Dream Center project, negotiated multiple MOUs with key City partners such as St. Joseph County and the University of Notre Dame, and entered into a Guaranteed Energy Savings contract for the Wastewater Treatment Plant CSO project. In addition to those large deals,we also oversaw the successful negotiation of various real estate,environmental,and license agreements to the overall benefit of the City and its residents. 4I 1' a � Filed in Clerk's Office . '.7 1 0 20211 Bianca Tirado City Clerk, South Bond, IN Venues Parks & Arts The Department of Law provided legal support to the Venues Parks, and Arts department as well as the Board of Park Commissions at their public meetings.In addition to the support provided for the Dream Center project,we also provided counsel on key partnerships between VPA and DTSB and Block by Block. The collaborative nature of our efforts combined with key team members delivered another successful year of special events, most noticeably, Fusion Fest, for which the Legal team developed and reviewed contracts with vendors, entertainment providers, sponsors, and local property owners. Department of Administration & Finance The Legal team supported the Administration & Finance team and other departments to close a $32,861,269.70 municipal bond transaction to fund infrastructure improvements, as well as a $36,000,000.00 municipal bond transaction to fund additions and improvements to the municipal Sewage Works system. We also worked with the A&F team to provide guidance on approved uses for incoming funds from settlements with opioid manufacturers and distributors. Department of Human Resources The Department of Law provided assistance to department leaders with regard to critical employment decisions to ensure compliance with federal, state, and local laws, as well as recognized best practices. This guidance included advice on matters pertaining to general personnel policies and procedures, hiring, termination, employee leaves of absence, compensation, benefits, and accommodations. The Legal team also provides guidance for the administration of the City's workers compensation program for compliance with the Workers Compensation Act for non- bargaining and Teamster employees and with Title 36 for public safety employees. The Legal Team also represented the City in three grievances with the Teamsters Local 364, resulting in one favorable decision, one withdrawal, and one partially favorable decision. Office of Diversity, Compliance, & Inclusion The Legal team assisted Diversity, Compliance, and Inclusion leadership with regard to the implementation of contract-specific goal setting for City contracts. This joint effort produced over $4.9 million dollars in payments to M&W subcontractors in 2023. Members of the Department of Law made multiple presentations to local community groups throughout the year discussing the City's MWBE Ordinance and how to contract with the City. We also headlined a panel at a Statewide conference discussing the City's MWBE Ordinance and how Indiana municipalities can implement such an ordinance. We provided support to the Inclusive Procurement Board in its public meetings. Human Rights Commission The Department of Law worked to sustain the Human Rights Commission during its interim director transition, wherein we transitioned away from using third party legal services. We developed and executed training for the HRC staff on the Access to Public Records Act, document retention, investigations,and conciliations. The Legal team also provided general advice to Commissioners and staff relative to civil rights and fair housing laws, updated the HRC staffs processes and legal documents to promote high legal standards,and conducted conciliations. 5I I' • Bianca Tirado City Clerk,South Bend, IN Passed Legislation ➢ Rental Safety Verification Program. Ordinance No. 10933-23,amended the existing RSVP ordinance to clarify the process and improve efficiency in the application of the program. ➢ Fire Salary Ordinance. Ordinance No. 10981-23, in addition to setting wages for the Fire Department in 2024,corrected the calculation of longevity pay to align with state law,current practice, and the intent of the City and the Fire Department during collective bargaining negotiations in 2021. ➢ Stormwater Ordinance Amendment. Ordinance No. 10990-23 implemented a simplified rate structure for non-residential stormwater utility customers. The simplified structure was necessary due to challenges in implementing an impervious-surface based rate into the current billing and account management software. ➢ Responsible Bidder Ordinance Amendment. Ordinance No. 10975-23 included updated apprenticeship requirements for certain bidders on public works projects and increased the minimum threshold for applicability of the ordinance from $150,000 to $250,000 in order to provide more opportunities for small or first-time bidders. Collective Bargaining Agreements The Legal Team negotiated several Memoranda of Understanding with Teamsters Local 364 in 2023,including: • MOU with the Venues Parks &Arts Work Group to incorporate employer-paid training together with a retention period for employees receiving employer-paid training. • MOU with the Equipment Services Work Group to correct a scrivener's error regarding the hourly rate of the Machinist IV and V employees. • MOU with the Neighborhood Services and Enforcement Work Group,Venues Parks& Arts Work Group,and Equipment Services Work Group to provide incentive pay to employees with a Commercial Driver's License. • MOU with Teamsters Local 364 to clarify the application of job readiness pay,including when it is payable and when employees become eligible for payment. Enduring Financial Strength The Department of Law supports responsible collections practices, a thorough property damage recovery practice, economic investment, and important partnerships to enhance the City's financial strength. In 2023,the Department of Law collected$207,707.63 for violations of the City's ordinances on behalf of the City's various Departments, Boards, and Commissions. Additionally, the Legal team collected$181,180.28 in its efforts to hold people accountable for damage to City property. 6 I P 2 Filed in Clerk's Office f ,, ,( 1 6 Bianca Tirado Reliable Compliance with Regulations and Well-Managed RbICIerk, South Bend, IN Guided by the principal"we pay what we owe,"the Department of Law handles each claim it receives with integrity and courtesy. Liability Claims 2023 Claims 150 Claims $ $157,854.18 Received paid Litigation 13 Cases Resolved in $60,499 s favor 1 Case Settled the City' Fund 226 settlements Twenty-five (25) cases in which the City or one of its depaiintents was a named Defendant were outstanding as of December 31,2023. Four (4) cases in which the City or one of its departments was a Plaintiff were outstanding as of December 31,2023. Liability Fund 226 The Department of Law has handled claims,lawsuits,and other City matters in an equitable, fiscally responsible manner via proactive claims investigation and evaluation, interdepartmental information sharing and best practices coordination, and vigorous defense litigation. All attorneys in the Department of Law either engage directly in or manage outstanding litigation matters to ensure the most cost-effective approaches are taken. Excellent Services and Efficient Processes The Department of Law fields questions from the public,especially requests for public records, ticket appeals, and claims. Specifically, Assistant City Attorney Michael Schmidt serves as ADA Coordinator to the City and responds to questions and concerns about accessibility of City services, programs, and activities. We strive to provide equitable, timely service, supporting the Administration's goal of Transparency. Access to Public Records Act (APRA) Requests The Department received and processed 2,389 requests in 2023 without violations. 7 I' .� Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN APRAs Received and Processed 2023 2022 1111111111111111111111111111111111111. 2020 2019 minummommimm 0 500 1000 1500 2000 2500 3000 3500 ■Annual Ticket Appeals Resolved 324 parking ticket appeals,2 discharge of a firearm ticket appeals, and 1 false alarm ticket appeal in 2023. Bankruptcy Practice Monitored 118 bankruptcy cases,including eighteen (18) new cases in which we filed Proofs of Claim in fourteen (14) of those cases,and recovering$582.85 in 2023. Mortgage Foreclosure and Quiet Title Practice Filed responsive pleadings in thirty-one(31)Mortgage Foreclosure cases and fifteen(15) Quiet Title cases and recovered$6,707 from sheriff sale proceeds in 2023. Model of our Values (Excellence, Accountability, Innovation, Inclusion, and Empowerment) The Department of Law takes the City's mission and values seriously, supporting local and national initiatives to make South Bend, and the United States at large, a more inclusive place in which to thrive. Amicus Briefs The Department of Law reviews requests to sign on to amicus briefs and analyzes them based upon the goals of the City. In 2023, the Department of Law signed on to two such amicus briefs. 8 I r' Filed in Clerk's Cffie U2 Bianca Tirade 11a U.S. v. Hansen City Clerk, South B in1, IN The City joined 31 other counties and cities in support of the 9`s Circuit's finding that U.S. Code§ 1324(a)(1)(A)(iv),which forbids"encourag[ing]or induc[ing]an alien to come to,enter, or reside in the United States, knowing or in reckless disregard of the fact that such [activity] is or will be in violation of the law" is unconstitutionally overbroad under the First Amendment because it applies to permissible speech as well as to speech that facilitates a crime. The Supreme Court disagreed and ruled that the law was not overbroad in June 2023. .l. Texas v. U.S. The City continued its support of Deferred Action for Childhood Arrivals (DACA) by joining the amicus brief of 43 local governments in the Fifth Circuit's remand of the matter to the district court to determine the legality of the newly finalized DACA rule.The new DACA rule attempted to remedy the procedural errors that the district court previously found unlawful. The District Court again found DACA illegal in February 2024 but renewals are allowable. National Litigation • Opioid Litigation The Legal Team worked with our outside co-counsel to represent the City's interests in the National Opioid Litigation. We collected $937,500 in unrestricted settlement funds from Meijer in February 2023, and $182,426.33 as the City's share of unrestricted settlement funds from the State of Indiana, as well as $523,105.97 as the City's share of restricted settlement funds from the State. • PFAS The Department of Law worked with the Department of Public Works and our outside counsel to enter into nationwide litigation surrounding PFAS (perfluorooctanic acid—PFOA, perfluorooctane sulfonic acid — PFOS, perfluorohexane sulfonic acid — PFHxS, and perfluorononanoic acid— PFNA), otherwise known as "the forever chemicals." When used, PFAS can migrate into the soil,water,and air.The City has entered into litigation surrounding PFAS emanating from Aqueous Film-Forming Foam in the City's aquifers and wells.Members of the City's Water Works division of the Department of Public Works have been testing the City's water sources and completing paperwork to prove the levels of PFAS in the City's water supply that may one day need to be remediated. We expect to receive some funds from the recent settlements with 3M and DuPont. Effective, Responsive Leadership and Communication The Department of Law provides daily in-house legal counsel to each of the Departments, Boards, and Commissions of the City of South Bend. This valuable service is provided at no hourly charge to the City and results in effective interdepartmental collaboration and joint accomplishments, driven by highly responsive and accessible legal counsel. To effectuate this cooperation, in 2023, the City's Corporation Counsel and City Attorney,as well as four Assistant City Attorneys, one Paralegal, and the Ordinance Violations Bureau Clerk attended the Jon Harrison Leadership Training. 9 P .� Filed in Clerk's Cf1cc .,.1 0 L{ �# Bianca Tiracio City Clerk, South Bui RI, i` 2024 STRATEGIC GOALS The Department of Law aims to achieve the following goals in 2024: • Continue to support City policy and legislative interests at the regional,state,and national levels; • Continue to demonstrate a diligent and resolute litigation strategy that supports the ability of the City to deliver good government and allows residents to live a safe, healthy, meaningful life in South Bend; • Continue to increase cross-training of Department of Law staff and attorneys to better situate the Department to serve the City's needs; • Work cross-departmentally to update Municipal Code provisions; • Continue to improve collection services;and • Continue to support increased cooperation across departments in efficiently handling properties deemed to be problematic. 10 I n