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HomeMy WebLinkAbout08-06-2025 Personnel & Finance and Residential Neighborhoods Committee Minutes SignedOFFICE OF THE CITY CLERK BI ANCA L. TIRADO , C ITY C LE RK RESIDENTIAL NEIGHBORHOODS AND PERSONNEL & FINANCE AUGUST 6, 2025 5 :30 P.M. Comm ittee Members Present: Committee Members Absent: Other Council Present: Others Present: Presenters: Agenda: I. Call to Order II. Roll Call III. Discussion Karen L. White , She il a Niezgodski, Dr. Oliver Davis , Sharon McBride , Ophelia Gooden-Rodgers , Gabrie l Murei Rachel Tomas Morgan Canneth Lee , Sherry Bolden-Simpson Bianca L. Tirado , Lari ' onna Green, Bob Palmer Jenna Throw, Kylie Conne ll * a. Discussion on Bill No . 43-25 IV. Public Input V. Adjournment Members marked with an asterisk (*) are in virtual attendance. Please note the attached link for the meeting recording: https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0,0,0&mediaid=398586 Personnel & F in ance Committee Chair Shei la Niezgodski called to order the joint Personnel & Finance / Residential Neighborhoods Committee meeting at 5:30 P.M. J asm in e J aC'kso n Q-nEF D EPUTY O TY 0.ERK / Q-nEF OF STAFF INTE GRI TY I SER VICE I ACCESSIBILITY M a llh ell' Neal D EPlJTY OTY 0.ERK / D IRECTOR OF POLICY Manr,ire l ColsC'h D IRECTOR OF SPEGAL P ROJECTS EXC ELLE NC E I ACCO UNTABILIT Y I INNO VA TI ON I IN C LU SION I EMPOW ER MEN T 455 County-City Building 1227 W. Jefferson Blvd. I South Bend. Indiana 46601 I p. 574 .235.9221 I f. 574.235 .9173 1 www.southbend1n .gov f~ CrI"'Y OF SOUTH BEND I OFFICE OF THE CITY CLERK Personnel & Finance Committee Chair Niezgodski stated that thi s will be the third (3 rd ) Public Hearing for Bill No. 43-25 and is a continutaion of previous meetings and hearings to expand on the dialogue and concerns for Bill No. 43-25. Personnel & Finance Committee Chair Niezgodski thanked Jenna Throw for answering any questions Council has had regarding Bill No . 43-25. Residential Neighborhoods Committee Chair Karen L. White stated that the Residential Neighborhoods Committee has been working closely with the Personnel & Finance Committee on Bill No. 43-25. Residential Neighborhoods Committee Chair White expressed her thanks and gratitude for giving the public the oppurtunity to voice any concerns and ask any questions. Personnel & Finance Committee Chair Niezgodski adjured the petitioner(s). Jenna Throw, City Attorney, with offices on the twelfth (12th) floor of the County-City Building , South Bend , IN 46601 , stated that the following is an overview of the presentation answering the questions regarding Bill No. 43-25. One (1): What happens when someone (l) asks for a Police video? The City has to find the video the person wants , watch the entire video, blur out people 's private information , children's faces and other private things , and ensure it is okay to share which can take multiple hours . Two (2): What does Bill No. 43-25 say? [f someone (1) wants a copy of the video to take home , they might need to assist paying for the time it takes to prepare the recording . The cost is fifty dollars ($50) per hour but no one (1) has to pay more than one hundred fifty dollars ($150) per video and the recording is free to watch at City Hall. Three (3): What kinds of videos does Bill No. 43-25 apply to ? "Law enforcement recordings" are videos of police activity captured by body cameras or cameras mounted in or on police vehicles. Four (4): When are videos created? Videos are created when the police body cameras or motor vehicle recordings start automatically or are manually turned on. Five (5): Who still gets videos without paying for the work to review them ? People who are part of a criminal court case, when they use the court process to get videos , people (and their attorneys) who are part of a civil court case , use a subpeona to get videos , people who were involved with the video who come in to watch and not take a copy, people watching the video through the Citizen Police Review Board (CPRB) or other groups like the Family Justice Center, Internal Affairs , or the Prosecutor 's Office. Six (6): What is a Requestor? A "Requestor" is a person who was involved with a video which includes people who were in the video, people whose property was shown in the video (inside or outside of the property), and also includes victims of crime , injury, or property damage , and shows what happened to them. Seven (7): Why is this rule important? It helps save the City time and money, ensures fair treatment and allows people to see what really happened when they need to . [n conclusion , Bill No. 43-25 states if you want to take a copy of the police video , yo u might have to help pay for it but if you just want to watch the video you can for free. Personnel & Finance Committee Chair Niezgodski asked where would someone (1) go to view the footage and is someone (1) from the legal team reviewing it with them. Jenna Throw stated that people would review the recording at the Police Department but that may change with the transition to the new City Hall. EXC ELLEN C E I ACCO U NTAB ILITY INN OVATI ON I INC LU SIO N EM POW ER MEN T 455 County-City Building 1227 W Jefferson Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 Ii. 574.235.91731 www.southbendin.gov {~ CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK Kylie Connell , Assistant City Attorney , with offices at 710 West Sample Street , South Bend , IN 46601 , presented what the process would be for submitting a request for public records and showed a flow chart identifying the different departments involved in the process. Kylie Connell also presented the proces s for redacting the recordings utilizing the same software (Polaris) that would be used to review the recordings and demonstrated how the recording would be downloaded. Personnel & Finance Committee Chair Niezgodski asked Jenna Throw to show the flow chart again. Jenna Throw showed the flow chart comparing and contrasting the County versus the City 's fee schedule and stated that for shorter videos , the City's fee was less expensive than the County 's fee schedule. Councilmember Sherry Bolden-Simpson asked Jenna Throw to repeat herself. Jenna Throw repeated herself. Residential Neighborhoods Committee Chair White asked for clarification regarding who on the CPRB can view the recording s. Kylie Connell stated that the process for the CPRB has not ye t been determined due to the fact that the CPRB is relatively new. Re s idential Neighborhoods Committee Chair White asked for a percentage on how man y recordings are longer than thirty (30) minutes and how man y are less than thirty (30) minutes. Ky lie Connell stated that she has those numbers going back one (1) month and asked for some time to retrieve those numbers. Committee Member Opheila Gooden-Rodgers asked where do the recordings go when the officer is off duty. Jenna Throw stated that based on cell reception the recordings are automatically uploaded to the Polaris system. Committee Member Gooden-Rodgers asked where would she go to view the recordings and would there be a police officer present watching the video with her. Jenna Throw stated that it depends on the individuals circumstance and if they are utlizing the Prosecutor 's Office , CPRB , or Family Justice Center to facilitate getting access to the video, if this does not apply , they would go to the Police Department. Kylie Connell stated that rarely would a police office sit in to review the recording. If the individual is going through the Access to Public Records Act (A PRA), and no complaints are associated , the administrative staff or an attorney from the Legal Department would sit in . Citizen Member Gabriel Murei stated he is curious how Bill No. 43-25 relates to other cities and the comparison to a similar city with similar demographics . EXC ELLE NC E I ACCO U NTA BILITY INNOVATION I INC LUS ION I EM POW ER M ENT 455 County-City Building 1227 W Jefferson Blvd . I South Bend. Indiana 46601 I p. 574 .235 .9221 I f. 574.235.91731 www .southbendin .gov (~ CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK Jenna Throw stated that while the City has setup a fee schedu le of fifty dollars ($50) per hour, other communities are setup for a flat fee of one hundred fifty dollars ($150). Jenna Throw also stated that while cond ucting the research she found that sixteen (16) cities and five (5) counties out of the largest communities have a similar fee schedu le. Committee Member Sharon McBride thanked Jenna Throw and Kylie Conne ll for their time and effort. Committee Member Gooden-Rodgers asked if the proposed fee is per camera or per recording. Jenna Throw stated that the cap app li es per video recording. Committee Member Gooden-Rodgers asked if it is true that Indiana State law prevents different fees for copies of body camera v id eos and is it possible for the person filing the complaint to obtain a copy of the video at a reduced fee and those not filing the complaint obtain a copy of the video at an increased fee . Committee Member Gooden -Rodgers also asked who performs the redactions . Jenna Throw stated that Indiana State law prohibits charging different fees to different groups of people and requires the fees to be uniform. Jenna Throw also stated that an attorney from the City's Legal Department performs the redactions and it is typ ically Kylie Conne ll. Committee Member Dr. Oliver Davis asked if the City will be out of compliance with the state if the City does not implement a fee sched ul e and if the City has the option to imp lement the fee schedule . Committee Member Dr. Davis also asked if the Merit Board has the option to view the recordings. Jenna Throw stated there is no indicatio n that the City is out of comp li ance and the C it y has the option to implement the fee schedule. Kylie Conne ll stated that the Merit Board wou ld not receive the video recordings unless it pertains to a discipline hearing or if the Merit Board is related to what is on the video recording. Committee Member Dr. Davis asked when the Merit Board was created and if the CPRB was created before the Merit Board . Kylie Connell stated the Merit Board was created in 2024 and the CPRB was created before 2024. Personnel & Finance Committee Chair Niezgodski asked Attorney Bob Palmer if discussing the Merit Board is germane to Bill No. 43-25. Attorney Palmer stated that he believes to the extent that Committee Member Dr. Davis is talking about who has access that it is germane. Committee Member Dr. Davis expressed concern regarding disrespect. Personnel & Finance Committee Chair Niezgodski stated that she meant no disrespect and only wished to clarify. EXC ELLE NC E ACCO UNTA BILIT Y INNOVA TI ON INC LUS ION EM POW ER M ENT 455 County-City Building 1227 W Jefferson Blvd . I South Bend, Indiana 46601 I p. 574 .235 .9221 I f. 574 .235.9173 ! www .southbendin .gov CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK Committee Member Dr. Davis asked Jenna to clarify how her opening statement connects the goal of saving money with the upcoming budget season . Jenna Throw stated that it boils down to helping people narrow down what they're looking for. If people , or attorneys , or insurance companies , or media are not inclined to pay for every copy that they want , the Legal Department can help them focus on the videos that they're most interested in. Jenna Throw also stated that Bill No. 43-25 ensures people are getting the videos that the y need and that fees are being recovered to support the body camera program from those that request copies. Committee Member Dr. Davis asked Jenna throw to revisit the fee schedule based on the fee schedules set by Indianapolis and Fort Wayne [ndiana. Jenna Throw stated that Indianapolis ' fee schedu le is s li ght ly more expensive compared to South Bend and provided data showcasing the fee schedules by city (listed by population). Kylie Connell revisited Residential Neighborhoods Committee Chair White 's question and stated that she does not have a breakdown of the individual time but in August, 2024 there were twenty one (21) APRA requests , out of those request s, video was provided for ten (10 ) of them. The total raw video was approximately thirty five (35) hours for those ten (10) videos. Personnel & Finance Committee Chair Niezgodski asked Attorney Bob Palmer that as the Chair of the Personnel & Finance Committee is it within her right to ask if it is germane to the bill during dialogue. Attorney Palmer stated yes, any Chair has that discretion. Per so nnel & Finance Committee Chair iezgodski wanted to go on record stating that her inquiry was not disrespectful. Committee Member Dr. Dav is expressed concern regarding misunderstandings . Personnel & Finance Committee Chair Niezgodski asked if changing the Merit Board was a requirement by State law. Jenna Throw stated yes. Personnel & Finance Committee Chair Niezgodski provided a brief overview of Jenna 's presentation for clarification and expressed concern for the mental health status of those having to process the redactions. Jenna Throw agreed with Personnel & Finance Committee Chair Niezgodski's overview. Ky lie Connell agreed with Personnel & Finance Committee Chair Niezgodski 's overview and stated that one of the main reasons for Bill No. 43-25 is to not utilize unnecessary resources. Councilmember Bolden-Simpson asked if an expert in editing films could be hired to process the redactions and proposed the Legal Department counsel people to narrow down their requests. EXC ELL ENC E I ACCO UNTA BILIT Y INNOVA TION INC LU SION EMPOW ER MENT 455 County-City Building 1227 W Jefferson Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 Ir. 574.235.91731 www.sout hbendin.gov ,:B crrv OF SOUTH BEND I OFFICE OF THE CITY CLERK Jenna Throw stated that by putting this proposed ordinance into effect it would make the work more manageable, and it would not necessarily be expertise in editing videos but more so in navigating the Polaris system. Councilmember Bolden-Simpson asked what the impact would be on the City or SBPD if the funding came through the budget process. Jenna Throw stated that any fees collected through this ordinance would go towards supporting the body camera program. Council President Lee thanked Jenna Throw and stated there is the thought that this process is meant to disenfranchise poor people and provided a brief overview of Jenna's presentation highlighting key points and take aways. Personnel & Finance Committee Chair Niezgodski opened the meeting for public input. PU BLIC I P UT Alice Pickens , 234 orth Albert Avenue , South Bend , I 46619 , spoke in opposition to Bill N o . 43-25. Jordan Giger, 302 South Falcon Street, South Bend , IN 46619 , spoke in opposition to Bill No. 43-25. Personnel & Finance Committee Chair Niezgodski closed the public hearing. Residential Neighborhoods Co mmittee Chair White made comments addressed to the Committee Members and Councilmembers. Committee Member Dr. Davis made comments regarding Bill No. 43-25 and emphasized the importance of ha vi ng the se conversations . Council President Lee thanked all for coming and emphasized the importance of having additional time to discuss Bill No. 43-25. Councilmember Bolden-Simpson expressed her thanks. Citizen Member Murei expressed his thank s. Committee Member Gooden-Rodgers asked how man y cities around South Bend have the same fee . Jenna Throw stated Gary and Hammond. A conversation between Personnel & Finance Committee Chair Niezgodski , Committee Member Dr. Davis , Committee Member Gooden-Rodgers , and Jenna throw ensued regarding the extent of Bill No. 43-25. With no further bu s ine ss, Personnel & Finance Committee Chair ie zgo dski adjourned the joint Personnel & Finance / Residential Neighborhoods Committee meeting at 7:22 P.M. EXC ELLE NC E I ACCO UNTABILIT Y I INNOVA TI ON I INC LU SION I EMPOW ER MENT 455 County-City Building f 227 W Jefferson Blvd. [ South Bend, Indiana 46601 I p. 574 .235 .9221 1 f. 574.235 .9173 i www .southbend1n.gov CFfY OF SOUTH BEND I OFFICE OF THE CITY CLERK Respectfully Submitted , ~,,,;~- Sheila Niezgodski , Personnel & Finance Committee Chair Karen L. White, Residential Neighborhoods Committee Chair NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible EXC ELLE NC E I ACCO UNTA BILIT Y I INNOVA TI ON I INC LU SION I EMPOW ER MENT 455 County-C ity Building i 227 W. Jefferson Blvd . I South Bend, Indi ana 46601 I p. 574 .235.922 1 I f. 574 .235 .9173 1 www.southbendin .gov