HomeMy WebLinkAbout11-20-2024 Health and Public Safety Meeting Minutes (Signed)OFFICE OF THE CITY CLERK
BIANCA L. 'T'IRADO, crrY CLERK
HEALTH & PUBLIC SAFETY
Committee Members Present:
Others Present:
Agenda:
November 20, 2024, 7:00 P.M.
Rachel Tomas Morgan , Troy Warner, Dr.
Oliver Davis , Karen White , Frank Spesia,
Savino Rivera
Bianca L. Tirado , Matthew Neal , Talia
Thornton , Bob Palmer, James Luk , Canneth
Lee , Ophelia Gooden-Rodgers , Sharon
McBride *, Sherry Bolden-Simpson , Sheila
Niezgodski *
Introductory Comments from the Chair
Update and Presentation by Council
Attorney Bob Palmer: House Act No. 1016
and Indiana Codes Pertaining to and Related
to Establishing a Police Merit System and
Police Merit Board under State Statutes
Questions from Committee Members and
Council Members
Members ma d with an asterisk(*) are in virtual attendance .
Please note the attached link for the meeting recording:
https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=387823
Please note the attached link for the presentation:
https://docs.southbendin.gov/WebLink/0/doc/387825/Pagel.aspx
Committee Chair Rachel Tomas Morgan called to order the Health & Public Safety Committee
meeting at 7:00 p.m .
Committee Chair Rachel Tomas Morgan welcomed attendees to the Health & Public Safety
Committee Meeting , emphasizing its informational purpose: to provide an update and
understanding of state statutes regarding establishing a merit system and board. This meeting
aims to prepare committee and council members for deliberations on Bill 65-24 for the
INTEGRITY !·SERVICE I ACCESSIBILITY
Eli ve t Quijada-ava.rro Matthew Neal
Oi!EF OF STAFF/ Oi!EF D EPlITYOTYlliRK D EPlITY OTY lliRK / DIRECTOR OF P OLI CY
Talia]. Tho rnto n
DIRECTOR OF SP EOAL PRO]E Crs
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 Coun ty-City Buil din g 1227 W. Je fferson Bl vd . I Sou th Ben d, Ind iana 46601 Ip. 57 4 .235.922 1 I f. 574 .235.91731 www.southbe ndin.gov
CITY OF SOUTH BEND OFFI CE OF THE CITY CLERK
November 25, 2024 hearing.
Committee Chair Rachel Tomas Morgan stated only questions pertaining to tonight 's agenda
item and presentation from committee and council members will be entertained and answered by
our Council Attorney, who will be the presenter, and any remaining time will be open to the
public for any questions. She further stated that they will not be able to entertain any questions
about Bill 65-24 because it has not yet been presented to the Committee and is , therefore ,
premature under the proceedings for the standing committee .
Committee Chair Rachel Tomas Morgan explained her intention to have this informational
meeting , separate from Monday 's scheduled hearing , to give everyone time to consider the
information provided and to have the rest of the week to circle back with Attorney Palmer, and
anyone else , with any additional questions or need for clarification . She invited people to contact
Council Attorney Bob Palmer at bpa lmer@southbend in .gov .
Committee Chair Rachel Tomas Morgan reminded the public that the second reading , committee ,
public hearing , and third reading for Bill No . 65-24 was set at the November 13th Council
meeting for Monday, November 25 , and that there will be a public comment period for Bill 65-
24 on November 25th during the HPS Committee and Committee of the Whole .
Council Attorney Bob Palmer will present tonight , focusing solely on state statutes. Committee
and council members may ask two questions each, with committee members going first. If time
permits after their questions , the public may also ask statute-related questions. The meeting is
scheduled from seven to eight (7-8) pm.
Committee Chair Tomas Morgan reminded attendees to maintain respect and decorum , noting
that disruptions would not be tolerated. Participants were encouraged to contact Attorney Palmer
at bpalmer@ southbendin.gov for follow-up questions after the meeting .
Committee Vice-Chair Dr. Oliver Davis proposed amending th e meeting agenda to include
public comment after the committee 's discussion.
Bob Palmer, Council Attorney, with offices on the 4 th floor of the County-City Building , clarified
that the agenda could be adjusted to include a matter not on the agenda to allow public comment
on the topic of the state statutes.
Committee Chair Rachel Tomas Morgan questioned whether this motion was even necessary and
reiterated her intention, stated in her opening comments , to use any remaining time after
committee and council questions to allow the public to ask questions regarding today 's
presentation topic and that question s from the public must be limited to the state statutes onl y.
Committee Vice-Chair Dr. Davis expressed that he wanted the public to have an opportunity to
comment regardless of when the committee and council concluded their discussion.
Bob Palmer cautioned that extending the meeting beyond the posted 7-8 PM timeframe could
potentially violate open-door law requirements .
Committee Chair Tomas Morgan acknowledged the time constraints and emphasized the need to
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
45 5 County-City Building 227 W. Jeffe rson Blvd . South Bend, Indiana 46601 p. 574 .23 5.9221 f. 574.235.9173 www.southbendin.gov
~ CITY OF SOUTH BEND OFFICE OF THE CITY CLERK
prioritize questions from committee and council members to ensure a thorough discussion of the
presentation.
Committee member Karen White requested clarification on the motion.
Committee Vice-Chair Dr. Davis proposed reserving the final fifteen (15) minutes of the meeting
for public questions.
Committee Chair Tomas Morgan responded that she did not want to limit the time needed for
committee and council members to address their questions regarding the presentation fully but
that the committee and council could be aware of the time to move to questions from the public.
She also pointed out that the amount of time just spent on this motion could have been additional
time the public would have had for questions
Committee Chair Dr. Davis motioned to amend the agenda to allow the last fifteen minutes of the
meeting to be reserved for questions from the public , which was seconded by committee member
White and carried by a vote of six (ayes) with Committee member Troy Warner expressing
confusion with the theatrics of this motion.
Committee Chair Rachel Tomas Morgan -Aye Committee Vice Chair Dr. Oliver Davis -Aye
Committee Member Troy Warner -Aye Committee Member Karen White -Aye
Citizen Member Savino Rivera -Aye Citizen Member Frank Spesia -Aye
Bob Palmer, Council Attorney, with offices on the 4 th floor of the County-City building ,
explained that the presentation aims to inform the council and public about the new Indiana
Statutory Police Merit Board System. Previously, Indiana law allowed cities and towns the
authority to establish merit systems for police , fire , or other employees. However, recent
legislation passed in 2024 encourages cities and towns to adopt a standardized merit system
specifically for police and fire departments , making it the norm statewide. Bob Palmer
highlighted the distinction between the pre-2023 statute , which broadly permitted merit systems ,
and the updated 2024 statutes , which provide four (4) clear options for establishing such systems.
Currently, South Bend 's police department operates under the Board of Public Safety, which
consists of five civilian members appointed by the Mayor. This board oversees appointments ,
promotions , discipline , and policy matters related to the police department.
The Common Council , South Bend Police Department (SBPD), and South Bend Fire Department
(SBFD) have four ( 4) options: (1) take no action , (2) establish a merit system via ordinance or
resolution under the new state statute , (3) reject a merit system , or (4) establish a merit system
under the existing state statute. Each option guides the process of adopting or rejecting a merit
framework. Option One ( 1 ): Do nothing. If no action is taken to establish or reject a merit system
by ordinance or resolution , and no majority vote by active department members occurs , the state
statute automatically establishes a merit system effective January 1, 2025. This system includes
rules set by the Indiana legislature and a mandatory five-member (5) Merit Commission with two
appointments from the Mayor, one from the council, and two from active department members.
Option Two (2): Pass an ordinance or resolution establishing a merit system. To establish a merit
system, the Common Council must pass an ordinance or resolution, which must also be approved
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 Cou nt y-C ity Bui lding 227 W. Jeffe rson Blvd. South Be nd, Indian a 4660 1 p. 574.235.9221 f. 57 4.235.9 173 www.sou thbend in .gov
CITY OF SOUTH BEND OFFICE OF THE CITY CLERK
by a majority of active department members , who must be given at least three (3) weeks' notice
before voting. A five-member (5) Merit Commission , with two appointments from the mayor,
one from the council , and two from a vote of active department members , oversees mandatory
and locally established rules. Option Three (3): Pass ordinance or resolution rejecting the
establishment of any merit system. Rejecting a merit system requires the Common Council to
pass an ordinance or resolution , which must also be approved by a majority of active department
members after at least three (3) weeks' notice. This keeps the current system in place, and
another proposal cannot be voted on for one (1) year if the merit system is rejected. Option Four
(4): Pass ordinance establishing merit system under existing state statute. Option four (4)
establishes a merit system under a modified approach , without requiring a vote by active
members or specific political party representation. It mandates that at least one-third ( 1/3) of the
merit commission must be elected by active department members, and the medical director must
provide written explanations for actions taken against certified employees.
Committee Vice-Chair Dr. Davis asked if our parliamentarian understood the rationale behind
cities like Greenfield and Brownsburg rejecting the merit system.
Bob Palmer did not have an opportunity to speak with their officials , but assumed the active
members of the police department did not want to have a merit system even though they could
have forced it if they wanted to.
Committee Vice-Chair Dr. Davis asked our parliamentarian to reach out to the legal
representatives of Greenfield and Brownsburg prior to the November 25, 2024 meeting to
understand the rationale behind their decision. He also asked for clarification on option four ( 4)
regarding committee members elected by SBPD .
Bob Palmer stated that under option 4 , members elected by the SBPD are not required to vote on
the existence of the Merit Board but are required to elect new members to the commission.
Citizen Member Frank Spesia inquired about the differences between the police and fire
department Merit Board system.
Bob Palmer stated in the event both SBPD and SBFD establish a merit system, there would be a
separate merit system for each with each department electing their own representatives.
Furthermore , it was his understanding that SBFD has decided to pursue the mandatory state
merit system.
Committee Member Karen White asked for clarification regarding which options require a vote
by active members of SBPD.
Bob Palmer stated all options except option four ( 4) must be put up to a vote by active members
ofSBPD.
Committee Member White inquired about the timeline of the two (2) different statutes.
Bob Palmer stated if an ordinance is not passed under the prior statute by December 31, 2024 the
state mandated system will come into play. Under the new statutory scheme , the ordinance would
have to be passed by the Council and SBPD would have to vote on it not less than three (3)
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
4 55 County-Ci ty Building 227 W Jeffe rson Blvd . South Bend , India na 46601 p. 57 4 .23 5.922 1 f. 574.235.917 3 ww w.sou thbendin .gov
CITY OF SOlIT'H BEND OFFICE OF THE CITY CLERK
weeks after passage by the Council.
Committee Member Troy Warner questioned what would happen if the Council and SBPD voted
differently .
Bob Palmer stated that if the Council and SBPD vote differently, it results in the state model ,
unless option four (4) is chosen where the Council passes the merit system under the prior law
then SBPD does not have to vote. For further context, it is the general understanding that the new
statutory scheme was enacted primarily for the benefit of firefighters.
Committee Member Warner inquired about the differences between subsection seventeen (17)
regarding statutory disciplinary action and the current disciplinary matrix employed by the South
Bend Board of Public Safety (PBS). Committee member Warner also stated that the statute
describes disciplinary action differently than the matrix, which suggests an inability to retain the
disciplinary matrix under the state model.
Bob Palmer agreed with that view and added if the matrix is to be kept then it would have to be
done under the prior statute with option four ( 4 ).
Committee Chair Tomas Morgan asked about state legislature involvement in option one (1).
Council Attorney Bob Palmer clarified under the state system the city would not be permitted
either through ordinance or otherwise to modify the pro v isions at all.
Committee Chair Tomas Morgan confirmed option four (4) provides local municipalities the
most flexibility.
Bob Palmer clarified the onl y mandatory provisions under option four ( 4) would be th e one third
(1/3) representation on the board by SBPD and the provision regarding a medical director gi v in g
written reasons.
Committee Chair Tomas Morgan signaled for a round of questions by council members before
going back to committee members for a second round .
Councilmember Canneth Lee clarified if the Council does not create a merit system, then the
state 's model will be in place.
Bob Palmer stated the current ordinance that has been filed has five (5) members on the
commission like the state model. If the Council creates it s own merit system under option 4 ,
provisions can be amended by ordinance , such as changing the number of members of the
comm1ss1on.
Council Vice-President Sheila Niezgodski enquired about the existence of the Board of Public
Safety (BPS) after a merit board in enacted.
Bob Palmer stated all functions other than the administration of SBPD and SBFD will remain
with the Board of Public Safety. There is a possibility that the BPS and Board of Public Works
could merge into one board in the future , however nothing is anticipated now. Council Vice-
President Niezgodski enquired if the police may have anything they might not want to adhere to
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 Co unty-City Buil ding 227 W Jefferso n Blvd. South Bend , India na 4660 1 p . 574 .235 .9221 f. 574 .2 35.9 173 www.so uth bendin .gov
CITY OF SOUTH BEND OFFICE OF THE CITY CLERK
in the state merit system.
Bob Palmer stated they might not like members of the commission being affiliated with different
political parties or the way the state ordinance provides for discipline. Creating a merit board
under option four ( 4) gives Officers more flexibility and input than the state models.
Council President Sharon McBride enquired about the BPS and Community Police Review
Board (CPRB) if a merit board is enacted.
Bob Palmer stated there is not anything inherently contradictory between the ordinances of a
CPRB and a Merit Board. The CPRB should apply to a new merit system just as it would to the
current system under the Board of Public safety.
Councilmember Ophelia Gooden-Rodgers enquired further about the CPRB.
Bob Palmer stated although there might be some inconsistencies that will have to be worked out,
there is nothing inherently preventing the BPS, the CPRB , and the merit system operating within
the same system.
Councilmember Sherry Bolden-Simpson re-enquired the difference between the prior and new
statutes due to issues with the online audio quality the previous time she spoke.
Bob Palmer stated the prior statute authorized the city to create a merit system with minimal
guidelines . The new statute passed last year circumscribes what the city can do with four ( 4)
options being provided.
Committee Chair Tomas Morgan asked for a final round of questions before opening to questions
from the public.
Citizen Member Frank Spesia inquired about amending the merit system under the different
options.
Bob Palmer stated there is the opportunity to amend the merit system by submitting amendments
back to SBPD for a vote after a one (1) year period with options one (1 ), two (2), and three (3 ).
While the Council is free to amend the statute at any time with option four (4) as it does not
require a vote from SBPD.
Councilmember Lee enquired about differences between the BPS and a Merit Board.
Bob Palmer stated the merit board could function like the BPS ; however, the merit board will
have to determine that on their own and chose to propose and adopt the rules under which they
operate.
Committee Chair Tomas Morgan held the public hearing.
Wayne Hubbard , 4313 Windsor Place, South Bend , IN 46619 , enquired if the merit board could
be enacted next year to allow more time for deliberations.
Bob Palmer stated if nothing is done by December 31, 2024 , the state mandated merit system
will be automatically imposed.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W. Jefferson Bl vd. Sou th Bend, Indiana 46601 p. 574.235 .922 1 f. 574 .235 .9 173 www.sou th bendi n.gov
CITY OF SOUTH BEND OFFICE OF THE CITY CLERK
Carol Stewart, 103 5 Allen Street, South Bend , IN 46616 , enquired if the 2023 ordinance
supersedes the merit system.
Bob Palmer stated the prior ordinance was not amended , repealed , or vacated. The new 2023
ordinance specifically establishes a merit system under the prior statute.
Catherine Reading , 1134 Lamonte Terrace , South Bend , IN 46616 , thanked the Chair for
receiving public questions and stated there is the disciplinary matrix and CPRB that city officials
and the community has worked hard on to create and enquired about keeping the existing system
in place.
Bob Palmer stated keeping the existing system would require the Council to reject the merit
system and the SBPD to vote in favor of that rejection. If SBPD disagrees , then the State merit
board will automatically be in place.
Gerrie Casey, 421 Manitou Place , South Bend , IN 46616 , enquired about the basis of why Police
workers get to vote on their own discipline and merit , and how it will impact the CPRB.
Bob Palmer stated the basis for creating a merit board is that the City of South Bend must
comply with the statutes and time limitations imposed by the Indiana legislature.
Jorden Giger, 302 S. Falcon Street , South Bend , IN 46619 , enquired if the BPS is still governed
under the previous statute if Council and SBPD reject the merit board; and if the composition of
the BPS can be changed.
Bob Palmer stated if the merit system is rejected by both the Council and SBPD , BPS will
remain exactly as it is , and further amendments would require changing ordinances and or
statutes.
Joseph Adams Jr, 3465 High Street, South Bend , IN 46614 , enquired if BPS could be amended to
include a merit system and if the members elected by the SBPD could serve in an advisory
capacity.
Bob Palmer stated that the merit system is void if BPS administers rules and regulations of the
Police Department therefore it is not possible , and police elected members must be voting
members.
Joshua Morgan , FOP 36 , 71 W Sample Street, South Bend , IN 46601 , stated he had spoken in
front of the Council regarding House Bill 1016 (the bill that created a statewide police and fire
department merit board) in 2022 and that it would go into effect in July 2023. Furthermore , other
Police departments in Indiana have merit boards , such as St. Joseph County. The South Bend
Fraternal Order of Police (FOP) would like a merit board as well. Joshua Morgan also enquired if
the merit system will be discussed during the November 25, 2024, Council Meeting.
Bob Palmer stated the bill that has been filed is set for second and third hearing on November 25,
2024, and scheduled to vote on passage that same day.
Chairperson Rachel Tomas Morgan stated if anyone has any additional questions or clarifications
needed to please email Council Attorney Bob Palmer at bpalmer@ southbendin.gov preferably
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 Co unt y-City Building 227 W. Jefferson Bl vd. South Bend , Indiana 4660 1 p. 57 4.235.922 1 f. 57 4 .235.9 173 ww w.sou thbend in .gov
CITY OF SOUTH BEND OFFICE OF THE CITY CLERK
before the weekend , and stated that the Clerk 's office will be sending out the Monday , November
25 th committee schedule and the 7 :00 pm Council notices on Thursday.
With no further questions , Chairperson Rachel Tomas Morgan adjourned the meeting at
8:03pm.
Respectfully Submitted ,
Rachel Tomas Morgan , Committee Chair
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxi lia ry Aid or Other Services ma y be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-Cit y Building 227 W. Jefferso n Bl vd . South Bend , Indiana 46601 p. 574.235 .922 1 f_ 574 .235 .9173 www.sout hb end in.gov