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Home My WebLink About73-24 Ordinance Amending Chapter Two, Article One, Section 2-11 of the South Bend Municipal Code ** City of South Bend * Cormnon Council * 441 County-City Building • 227 W.Jellcrson Blvd * * South Bend, Indiana 46601 Canneth Lee January 8, 2025 President Rachel'Tomas Morgaui Vice I'residenl 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 JAN U $ 20�5 Cvmeth Lee Re: Bills 72-24 and 73-24 Bianca Tirado City Clerk, South Bend, IN First District Dear Council Members: 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 Niczgodski 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 At 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 Morgaii 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. (574) 235-9321• Fax(571) 235-9173 I TDD (571) 235-5567 • http://www.southbendin.gov * City of South Bend ** Common Council * 1 11 County-City Building• 227 \\ ..Jcllcrson Blvd * South Bend, Indiana 16601 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, Sk X - C3ktClf-- Sharonn L. Mcbride, Third District Member South Bend Common Council 4„.,..„ „..e ' „,___.„(..„..,,, Karen L. White, At-Large Member South Bend Common Council ...: (57 1) 235-9321• Fax (571) 235-9173 •TDD (571) 235-5567 • http://www.southbcudin.gov • :5 UM B City of South Bend (574)235-9321 '�/ = Fax(574)235-9173 ++� TDD(574)235 5567 PEACE : Common Council http://wwwsouthbendin.gov a�? 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601 November 20, 2024 Sharon L.McBride Filed in Clerk's Office President South Bend Common Council ., Sheila Niezgodski Vice-President 4th Floor, County-City Building Bianca Tirado City Clerk, South Bend, IN Canneth Lee South Bend, IN 46601 Chairperson,Committee of the Whole Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING, SUPERSEDING Canneth Lee ANDREPLACING CHAPTER 2, ARTICLE 1, SECTION 2-11 OF First District THESOUTH BEND MUNIPAL CODE TO ESTABLISH SEVEN (7) Ophelia Gooden Rodgers STANDING COMMITTEES, DESCRIBING THE POWERS AND Second District DUTIES OF EACH STANDING COMMITTEE, ELIMINATING Sharon L.McBride CITIZEN MEMBERS OF STANDING COMMITTEES AS VOTING Third District MEMBERS AND MAKING EACH MEMBER OF THE COMMON COUNCIL A MEMBER OF EACH STANDING COMMITTEE Troy Warner Fourth District Dear Council Members: Sherry Bolden-Simpson The eleven standing committees of the South Bend Common Council, Fifth District established by the South Bend Municipal Code, have been in existence for Sheila Niezgodski many years with the last substantial change occurring in 2001 when the Sixth District number of standing committees was increased from nine to eleven. Much has changed in the past twenty-three years. What was thought to be efficient in Karen L.White 2001, no longer is. A reduction in the number of standing committees and a At Large redefining of the powers and duties of each standing committee will enhance Rachel Tomas Morgan efficiency of the Council in the current world and provide for increased At Large communication between Council members and with the residents of South Bend. Oliver Davis At Large This ordinance repeals, supersedes and replaces Chapter 2, Article 1, section 2-10, addressing the Common Council's standing committees. The amendment reduces the number of standing committees from eleven to seven and redefines the powers and duties of each standing committee. The amendment also provides that each Council member is a member of each standing committee. Finally, the ordinance retains citizen members on standing committees but, because each standing committee will include a Council member from each district along with the three at-large Council members, citizen members of the standing committees, while encouraged to r.�o4" ' T"e4tia,;\ City of South Bend (574) 574 235-9321 ;ram ,,,,: Fax(574)235-9173 r TDD 574 235-5567 PEACE - ; Common Council http://www.southbendin.gov � .= 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601 1865 participate fully in committee discussions, will are no longer be voting members of the standing committees. 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, SA\ � Sharon L.McBride, President, South Bend Common Council Karen L. White, At-Large Member South Bend Common Council Filed in Clerk's Office BILL NO. N O 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, REPEALING, SUPERSEDING AND REPLACING CHAPTER 2, ARTICLE 1, SECTION 2-11 OF THE SOUTH BEND MUNIPAL CODE TO ESTABLISH SEVEN (7) STANDING COMMITTEES, DESCRIBING THE POWERS AND DUTIES OF EACH STANDING COMMITTEE, ELIMINATING CITIZEN MEMBERS OF STANDING COMMITTEES AS VOTING MEMBERS AND MAKING EACH MEMBER OF THE COMMON COUNCIL A MEMBER OF EACH STANDING COMMITTEE STATEMENT OF PURPOSE AND INTENT The eleven standing committees of the South Bend Common Council, established by the South Bend Municipal Code,have been in existence for many years with the last substantial change occurring in 2001 when the number of standing committees was increased from nine to eleven. Much has changed in the past twenty-three years. What was thought to be efficient in 2001, no longer is. A reduction in the number of standing committees and a redefining of the powers and duties of each standing committee will enhance efficiency of the Council in the current world and provide for increased communication between Council members and with the residents of South Bend. This ordinance repeals, supersedes and replaces Chapter 2, Article 1, section 2-10, addressing the Common Council's standing committees. The amendment reduces the number of standing committees from eleven to seven and redefines the powers and duties of each standing committee. The amendment also provides that each Council member is a member of each standing committee. Finally, the ordinance retains citizen members on standing committees but, because each standing committee will include a Council member from each district along with the three at- large Council members, citizen members of the standing committees, while encouraged to participate fully in committee discussions, will are no longer be voting members of the standing committees. 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 2-10 is repealed, superseded and replaced in its entirety as follows: Sec.2-10. Seven standing committees of the Common Council; powers and duties. (a) There shall be seven(7) standing committees organized within the Common Council. Each standing committee, except the Council Rules Committee, shall consist of all Council Members. (b) Each standing committee, except the Council Rules Committee, shall have not less than one (1) citizen member and at no time shall the number of citizen members for any standing committee exceed three(3) members. Citizen members will be non-voting members of the standing committees. (c) A person desiring to serve as a citizen member of any of the Council's standing committees, except the Council Rules Committee, must have been a resident of the City of South Bend for not less than one (1)year prior to being considered for appointment. City residency shall be a continuing requirement for membership on all such standing committees. Citizen members shall serve without compensation for one-year terms, with each appointment expiring by the first meeting of the succeeding calendar year of such appointment. (d) Citizen members shall be appointed by the Chairperson of each standing committee. In making such appointments, the Chairperson shall assure that the citizen members are broadly representative of the South Bend Community. (e) The Chairperson, with the assistance of the City Clerk or his or her designee, shall be responsible for filing Committee minutes with the Office of the City Clerk within two (2)weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) The date, time and place of the meeting; (2) Persons in attendance: (3) Summary of all items discussed including all references to proposed resolution and ordinances referred to it for review and recommendation; (4) A record of all votes taken; and the time of adjournment. Any documents submitted to a Committee shall be filed with the original of the committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a Committee shall also be attached to such Committee minutes. Upon the approval and signing of such minutes by the Committee Chairperson,the Office of the City Clerk shall see that the minutes are properly posted on the Common Council's website. (f) There shall be seven(7)standing committees of the South Bend Common Council. These committees and their areas of jurisdiction are as follows: (1) Personnel, Budget, & General Finance Committee: The Personnel, Budget & General Finance Committee shall consider and report on all ordinances, resolutions and other matters of financial impact to be placed before the entire Council including, but not limited to, tax levies, revenues,bonds, appropriations, grants (public or private), fees, salaries, compensation, budgets, collective bargaining agreements, claims, fiscal matters,personnel matters and any other matter properly referred to the Committee by the Council President.. (2) Public Works and Public Property Committee: The Public Works & Public Property Committee shall consider and report on all ordinances, resolutions and other matters concerning: the Department of Public Works, the Building Department, the South Bend Board of Zoning Appeals, the South Bend Plan Commission, streets, alleys, sidewalks, matters pertaining to the Bureau of Waterworks, Bureau of Sewers, sanitary and storm sewers, annexation,zoning map ordinances and any other matter properly referred to the Committee by the Council President. (3) Community Relations & Residential Neighborhoods Committee: The Community Relations & Residential Neighborhoods Committee shall consider and report on all ordinances,resolutions and other matters concerning relationships and ongoing communications with public and private entities operating within the City of South Bend including, but not limited to the Department of Neighborhood Services & Enforcement, the Historic Preservation Commission, neighborhood organizations with respect neighborhood development and enhancement. This Committee shall also consider and report on all ordinances,resolutions and other matters concerning the Century Center, the Regional Museum of Art, the Morris Performing Arts Center, the Department of Venue Parks & Arts, the Palais Royale, and any other matter properly referred to the Committee by the Council President. (4) Community Investment Committee: The Community Investment Committee shall consider and report on all ordinances, resolutions and other matters concerning the economic and other development of public and private property including, but not limited to tax abatements, City plans, Tax Increment Financing(TIF) Districts, and other economic incentives and any other matter properly referred to the Committee by the Council President. (5) Health & Public Safety Committee: The Health& Public Safety Committee shall consider and report on all ordinances, resolutions and other matters concerning the Police Department, the Fire Department, the Community Police Review Board, ordinance violations involving public health and safety issues, and any other matter properly referred to the Committee by the Council President. (6) Information& Technology Committee: The Information &Technology Committee shall consider and report on all ordinances, resolutions and other matters concerning the acquisition, implementation and use of the City's information and related technologies to ensure that such technologies remain compliant, competitive, and up to date with current industry standards for municipal entities of the size of South Bend, the City 311 service, and any other matter properly referred to the Committee by the Council President. (7) Rules Committee: The Rules Committee shall consider and report on all ordinances, resolutions and other matters concerning the operation of the South Bend Common Council, including but not limited to, the subcommittee on Council minutes, standard operating procedures, issues of public trust and any other matter properly referred to the Committee by the Council President. Any matter coming before the Council which does not fall within the specific province of a standing committee, or which may be within the province of more than one committee, may be assigned to such of the committees (including joint committees) as the President may determine. The general responsibilities of each standing committee shall include the right to review all legislative proposals, reports and other pertinent information under its jurisdiction; and to monitor on a continuing basis the department(s), bureau(s) and public officials under its jurisdiction. All committees shall deal with any issues referred to it by the Council President or referred to it by a majority of the Common Council. Each standing committee shall report periodically to the Common Council with an annual committee report highlighting activities of the past year by the second Monday of December of each year. The Chairperson, with the assistance of the City Clerk, or his or her authorized representative from the Office of the City Clerk, shall be responsible for filing Committee minutes with the Office of the City Clerk within two (2)weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in attendance; (3) summary of all items discussed including all references to proposed resolutions and ordinances referred to in it for review and recommendation; (4) a record of all votes taken; and the time of adjournment. Any documents submitted to a Committee shall be filed with the original of the committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a committee shall also be attached to such committee minutes. The Council President shall appoint the Chairperson and Vice Chairperson of each standing committee following his or her election as Council President. A majority of the Council shall constitute a quorum. The Office of the City Clerk shall provide notice of all committee meetings, pursuant to applicable State law. (g) The Council President may appoint special or ad hoc committees. Such committees shall be considered advisory to the Common Council. Such committees shall file appropriate written reports addressing the issue(s) for which they were created with the Council President. Following the completion of their purpose, such special or ad hoc committee shall be dissolved by the Council President unless a majority of the Common Council determines to continue the existence of such committee for a long period of time. (h) The governing rules of the Common Council as far as they are applicable shall be the rules of each of the standing committees unless determined otherwise by the Committee Chairperson. (i) It shall be the duty of the Chairperson of each Council Committee to report promptly to the Common Council on all proposed resolutions, ordinances and other matters referred to it for review and recommendation. (j) Discussions on proposed resolutions or ordinances coming before a standing committee shall be conducted pursuant to the following procedures: (1) Report by an entity having advisory review [Example: Area Plan, Board of Zoning Appeals, Board of Public Works, Community Development, etc.]; (2) Presentation by the parties filing the proposed legislation with copies of all handouts being presented to all Council Members and for the public record; (3) Committee discussion and recommendation by proper motions. (k) The standing committees are authorized to receive exhibits,hear witnesses, and use all applicable powers to procure relevant information on issues referred for review and recommendation. The Committee Chairperson shall report to the Common Council verbally on all action taken on proposed resolutions and ordinances. (1) In order to assure proper respect to the conduct of all standing committee discussions, the highest standards of dignity, propriety, courtesy and decorum shall be upheld in order to assure the proper fact- finding mission through the hearing process. The Chairperson may establish special rules governing such discussions as circumstances may require. (m)All Council Members shall abide by the State of Indiana's Uniform Conflict of Interest Disclosure Statement policies and procedures. Section II. Severabilit_v. 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