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Home My WebLink About72-24 Ordinance Amending Chapter Two, Article One, Section 2-12(13) of the South Bend Municipal Code ** City of South Bend * Common Council * 441 County-City Building• 227 W.Jefferson Blvd * * South Bend, Indiana 16601 Canneth Ixe January 8, 2025 President Rachel Tomas Morgan Vice President South Bend Common Council Troy Warner 4th Floor, County-City Building Filed in Clerk's Office Chairperson,Committee South Bend, IN 46601 of the Whole Caimcth Lee Re: Bills 72-24 and 73-24 Bianca Tirado First District Dear Council Members: City Clerk, South Bend, IN Ophelia Gooden-Rodgers Second District The above referenced bills address proposed changes in Chapter 2 of the Sharon L. McBride Municipal Code addressing the structure and functioning of the Council's Third District Standing Committees and establishing expectations for both Council and Troy Warner members of the public during the Privilege of the Floor at Council meetings. Fourth District They were given first reading on November 25, 2024, and assigned to the Sherry Bolden-Simpson Rules Committee for consideration on January 13, 2025. These bills are only Fifth District part of an overhaul of the entirety of Chapter 2 which began in 2022. Sheila Niezgodski These bills were filed with the intent to initiate and facilitate discussion with Sixth District Council members and the public regarding changes to Chapter 2 to make the Dr. Oliver Davis Council more efficient and effective in representing the residents of South Al Large Bend. It was always assumed by the sponsors that a substitute bill incorporating changes and suggestions from the public and Council members Rachel Tomas Morgan would be submitted prior to any formal Council action on the bills. At Large Unfortunately, the press of year end business and the holidays hindered input Karen L. White from the public and Council. There was simply not enough time adequately At Large review suggestions for changes before the meeting on January 13, 2025. Additionally, a new era in Council leadership began on January 6, 2025. As of the time of filing this letter, President Lee has not yet named the Council's Rules Committee for 2025. We believe that it is best for these bills to be considered by the 2025 Rules Committee instead of members of the 2024 Rules Committee being held over until a new Committee is named. A (571) 235-9321• Fax(574) 235-9173 •T1)1) (57.4) 235 5 567 • http://www.southbendin.gov * * City of South Bend * t° Common Council * 1� 1 County-City Building • 227 �� .J�flcrsou Bled * South Bend, Indiana 1(i(iO1 We therefore request that these bills be tabled indefinitely pending the filing of substitute bills as was originally intended and removed from any agenda for either Committee or Council meetings on January 13, 2025. We also request that copies of this letter be included in the files for each of these bills. Thank you for your consideration. Sincerely yours, SilikAirK_ / , M a/4k Sharon L. Mcbride, Third District Member South Bend Common Council 4 x...z.n_ , „.__‘,..„ Karen L. White, At-Large Member South Bend Common Council i (57 t) 235-9321• Fax (57 t) 235-9173 •T1)D (571) 235-5567 • http://www.southbendin.gov I.INNN./I.i.. e:' City of South Bend ( ) /p� 574 235 9321 •� Fax(574)235-9173 ,'Uwti Common Council TDD(574) 235-5567 rsncs htt //www.southbendin. ov 441 County-City Building • 227 W.Jefferson Blvd p g South Bend,Indiana 46601 I865-0" %''' November 20, 2024 Sharon L.McBride President Filed in Clerk's Office South Bend Common Council , Sheila Niezgodski .iOV 2 0 L,)i Vice-President 4th Floor, County-City Building Bianca Tirado Canneth Lee South Bend, IN 46601 City Clerk, South Bend, IN Chairperson,Committee Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE of the Whole CITYOF SOUTH BEND, INDIANA,ADDING SUBSECTIONS (A) Canneth Lee THROUGH AND INCLUDING (N) TO CHAPTER 2, ARTICLE 1, First District SECTION 2-12(13) "PRIVILEGE OF THE FLOOR" Ophelia Gooden Rodgers Dear Council Members: Second District Sharon L.McBride Some form of"Privilege of the Floor" has been a part of South Bend Third District Common Council meetings since at least 1973. Expectations of those speaking during "Privilege of the Floor" were first added to the Municipal Troy Warner Code in 1998 and have not been substantially changed since that time. Fourth District Increased public participation in Common Council meetings through in Sherry Bolden-Simpson person, and more recently virtual, attendance has increased participation in Fifth District "Privilege of the Floor." Restated and revised expectations of speakers have become necessary to promote the opportunity to express opinions and bring Sheila Niezgodski important matters to the attention of the Council while encouraging proper Sixth District decorum and civil discourse. Karen L.White At Large This ordinance repeals, supersedes and replaces Chapter 2, Article 1, Section 2-12(13) of the South Bend Municipal Code and clarifies the Rachel Tomas Morgan expectations of those speaking at Council meetings during the "Privilege of At Large the Floor." We believe that adherence to these expectations is in the best Oliver Davis interest of all residents of South Bend. At Large Please file this proposed ordinance for first reading on November 25,2024 to be assigned to the Rules Committee and schedule for second reading and public hearing on December 9, 2024. Thank you for your consideration. Sincerely yours, ,. 5°LT" e4/ti 574 City of South Bend ( , ti O 235-9321 U ,% Fax(574)235-9173 �I I. Common Council TDD(574)235 5567 -JZ PEACE j http://wwwsouthbendin.gov , _`.� c3� ��' 441 County City Building • 227 W.Jefferson Blvd 1865 South Bend,Indiana 46601 SMcL Sharon L. McBride, President, South Bend Common Council 4..K/�n GC. Karen L. White, At-Large Member South Bend Common Council Filed in Clerk's Office BILL NO. NV V 2 0 2024 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADDING SUBSECTIONS (A) THROUGH AND INCLUDING (N) TO CHAPTER 2, ARTICLE 1, SECTION 2-12(13) "PRIVILEGE OF THE FLOOR" STATEMENT OF PURPOSE AND INTENT Some form of"Privilege of the Floor" has been a part of South Bend Common Council meetings since at least 1973. Expectations of those speaking during "Privilege of the Floor"were first added to the Municipal Code in 1998 and have not been substantially changed since that time. Increased public participation in Common Council meetings through in person, and more recently virtual, attendance has increased participation in "Privilege of the Floor." Restated and revised expectations of speakers have become necessary to promote the opportunity to express opinions and bring important matters to the attention of the Council while encouraging proper decorum and civil discourse. This ordinance repeals, supersedes and replaces Chapter 2, Article 1, Section 2-12(13) of the South Bend Municipal Code and clarifies the expectations of those speaking at Council meetings during the "Privilege of the Floor." The Council believes that adherence to these expectations is in the best interest of all residents of South Bend. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. South Bend Municipal Code Chapter 2, Article 1, Section 2-12(13) is repealed, superseded, and replaced in its entirety as follows: Sec. 2-12(13) Privilege of the floor: (a) Individuals who wish to address the Council must state their name and residential address. (b) Individuals speaking on behalf of organizations shall state their name followed by the name and principal office address of the organization. (c) Individuals who are residents of South Bend, as established by their residential address will be given first priority, followed by all others. (d) Individuals will be limited to three (3) minutes only and shall refrain from making comments that have already been made by other speakers. The maximum time limit for this portion of the meeting shall be thirty (30) minutes, unless the Council, by a two-thirds (2/3) vote shall suspend the rules. (e) Individuals may not yield the remainder of their allotted time to others. (f) Individuals may only address issues over which the Council has jurisdiction. (g) Individuals shall not be permitted to address topics which have been previously resolved by the Council, or topics that the Council has heard previously that night on the agenda. (h) Individuals shall not be permitted to address topics which by statute or ordinance are confidential. (i) All comments shall be addressed to the Council as a body and not to any individual member. (j) The Privilege of the Floor is intended to afford citizens an opportunity to express opinions and to bring important matters to the attention of the Council. The Council and Administrative Offices shall not be required to answer questions and shall not engage in discussion or debate. (k) If an individual desires to submit written information, he or she may deliver it to the City Clerk prior to or during the meeting. (1) Persons in attendance shall refrain from behavior that disrupts the public meeting. (m) Speakers shall observe proper decorum at all times as determined by the presiding officer of the meeting which may be overturned only by a majority vote of Council members in attendance either in person or virtually. Proper decorum does NOT include using violent, rude, or contemptuous language, making personal attacks on any individual, behaving in a disorderly manner, or refusing to obey the orders of the presiding officer while the Common Council is in session. (n) If a speaker refuses to observe proper decorum, or otherwise comply with the rules for the Privilege of the Floor after one (1) warning by the presiding officer, that speaker will forfeit the remainder of his or her time. Section II. Severability. If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride President, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of December 2024, at o'clock . M. City Clerk Approved and signed by me on the day of December 2024, at o'clock .m. James Mueller Mayor, City of South Bend, Indiana