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Home My WebLink About53-25 Amending Chapter 2, Article 1, Sections 2-12.1.15(C) and 2.12.1.17(A) to Add the Duty to Review All Law Enforcement Recordings Relevant to Any Complaint Filed with the Community Police Review Board Respectively (Substitute) * City of South Bend * Common Council 1,. II County-City Building • 227 \V. ellcrsou 131,.I * South Bend, Indiana lfi601 August 20, 2025 Catuietli Lee President Filed in Clerk's Otlicc Rachel Tomas Morgan South Bend Common Council Vice President AUG 2 0 21 4th Floor, County-City Building Troy Witmer Bianca Tirado City Clerk, South Bend, IN Chairperson, Committee South Bend, IN 46601 of the Whole Cacinetli I.rc Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY First District OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE ()phclia Gooden-Rodgers 1, SECTIONS 2-12.1.15(C) AND 2-12.1.17(A) TO ADD THE DUTY TO Second District REVIEW ALL LAW ENFORCEMENT RECORDINGS RELEVANT Sharon L. McBride TO ANY COMPLAINT FILED WITH THE COMMUNITY POLICE Third District REVIEW BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD RESPECTIVELY Troy\Varner Fourth District Dear Chairperson Gooden-Rodgers: Sherry Bolden-Sunpsott On August 11, 2025, this Council passed Bill No. 43-25, as amended, Filth District Ordinance No. 11216-25 which amended Section 2-210 of the Municipal Sheila Niezgodski Code pertaining to fees and processes for public records requests. Among the Sixth District amendments to the ordinance is a provision that all public records request forms for law enforcement recordings shall contain the statement"upon the 1)r. Oliver Davis filing of a complaint by a resident with the Community Police review Board, At Large the Board Director and the Community Police Review Board will review all Rachel Tomas Morgan recordings relevant to that complaint."These amendments amend Sections 2- Al Large 12.1.15(c) and 2-12.1.17(a) of the South Bend Municipal Code to include the duties created by Bill No. 43-25 Ordinance No.11216-25 among the duties of Karen 1.. White the Review Board and the Director of the Review Board respectively. 1t Large e We ask that these proposed amendments to be placed on the agenda for consideration of the Community Relations Committee meeting for September 8, 2025, and the full Council meeting later that same evening. Thank you for your consideration. (371) 23,5-9321• Fax (37 1) 235-9173 •TDD (:371) 23,5-5567 • littp://www.southbetxlin.gov *** City of South Bend * Common Council * 161 County-City Building • 227 W.Jefferson Blvd * South Bend, Indiana 46601 Sincerely yours, 4111r/ Dr. Oliver Davis, At-Large, South Bend Common Council Sherry Bolden-Simpson, Fifth District, South Bend Common Council (574) 235-9321• Fax (57.4) 235-9173 •TDD (574) 235-5 567 • http://rwwv.southbcudin.gov Filed in Clerk's Office 0 2625 BILL NO. 53-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,ARTICLE 1, SECTIONS 2-12.1.15(C) AND 2-12.1.17(A) TO ADD THE DUTY TO REVIEW ALL LAW ENFORCEMENT RECORDINGS RELEVANT TO ANY COMPLAINT FILED WITH THE COMMUNITY POLICE REVIEW BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD RESPECTIVELY STATEMENT OF PURPOSE AND INTENT On August 11, 2025, this Council passed Bill No. 43-25, as amended, Ordinance No. 11216-25 which amended Section 2-210 of the Municipal Code pertaining to fees and processes for public records requests. Among the amendments to the ordinance is a provision that all public records request forms for law enforcement recordings shall contain the statement"upon the filing of a complaint by a resident with the Community Police review Board, the Board Director and the Community Police Review Board will review all recordings relevant to that complaint." These amendments amend Sections 2-12.1.15(c) and 2-12.1.17(a) of the South Bend Municipal Code to include the duties created by Bill No. 43-25 Ordinance No. 11216-25 among the duties of the Review Board and the Director of the Review Board respectively. 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 2-12.1.15(c) is amended to read in its entirety as follows: Sec.2 Sec. 2-12.1.15. Review Board duties. (c) The Review Board shall: (1) Review the allegations of each complaint; (2) Review all law enforcement recordings relevant to any complaint; (3) If necessary, investigate the allegations of each complaint; (4) Collect, track and report civilian complaints; (5) Suggest revisions to existing, or the addition of new, policies when necessary; (6) Facilitate Community Advisory Group meetings and compile resident feedback; (7) Provide policy suggestions to the Common Council, Mayor, and Board of Public Safety; and (8) Recommend to the appropriate authority the additional investigation of complaints when necessary. Section II. South Bend Municipal Code Chapter 2, Article 1, Section 2-12.1.17(a) is amended to read in its entirety as follows: Sec. 2-12.1.17. Review Office Director; staff. (a) The Mayor, with the consultation of the Common Council, shall appoint a full-time Director of the Review Office. The Director shall be supervised and be subject to review and evaluation by the Mayor or the Mayor's designee in collaboration with the Review Board and the Common Council. The duties of the Director shall include: (1) Managing the Review Office, including its staff; (2) Enhancing communications and good will between the police and residents; (3) Review all law enforcement recordings relevant to any complaint; (4) Maintaining records, confidential or otherwise, of all Complaints, proceedings thereon, and dispositions. Section III. 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 IV. Effective Date. These amendments to the ordinances shall be in full force and effect January 1, 2026. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Sec. 2-12.1.15. Review Board duties. (a) The Review Board shall meet as often as necessary to consider all complaints which it deems appropriate to process and review, but no less than bi-monthly.The Review Board shall set rules for its governance and shall establish its procedures for processing complaints and for ensuring notification to Complainants of the status and disposition of their complaints. (b) If a majority of the Review Board determines that additional information of a specialized police nature is necessary to process a complaint,the Review Board shall consult with one or more consultants of its choice, subject to appropriations. (c) The Review Board shall: (1) Review the allegations of each complaint; Filed in Clerk's Office (2) Review all law enforcement recordings relevant to any complaint; (2.3) If necessary, investigate the allegations of each complaint; Bianca Tirado (54) Collect,track and report civilian complaints; City Clerk, South Bend, IN (45) Suggest revisions to existing,or the addition of new, policies when necessary; (56) Facilitate Community Advisory Group meetings and compile resident feedback; (67) Provide policy suggestions to the Common Council, Mayor, and Board of Public Safety;and (78) Recommend to the appropriate authority the additional investigation of complaints when necessary. (Ord. No. 10721-20,§ I, 10-5-20) Sec. 2-12.1.17. Review Office Director; staff. (a) The Mayor,with the consultation of the Common Council,shall appoint a full-time Director of the Review Office.The Director shall be supervised and be subject to review and evaluation by the Mayor or the Mayor's designee in collaboration with the Review Board and the Common Council.The duties of the Director shall include: (1) Managing the Review Office, including its staff; (2) Enhancing communications and good will between the police and residents; (3)Review all law enforcement recordings relevant to any complaint; (54) Maintaining records,confidential or otherwise,of all Complaints, proceedings thereon, and dispositions. (b) Pursuant to IC 36-4-11-2,the Director shall serve at the pleasure of the Mayor.The Mayor may request the Common Council: (1) To review applications and submit no more than three(3) names of candidates to the Mayor for appointment as Director. Under this process,the Common Council shall review all applications for the position of Director initially in an Executive Session, and the submission of candidate names shall be conducted through resolution approved by a majority of the Common Council. (or by Council President);and Created: 2025-07-08 09:33:01 [EST] (Supp.No.62) Page 1 of 2 (2) To provide recommendations for any potential discipline of the Director, including termination. Recommendations shall be conducted through resolution approved by the majority of the Common Council. (c) The Director is authorized to adopt such rules and procedures as the Director may deem appropriate for the proper administration and enforcement of this Review Office.All such rules and procedures shall be adopted only after posting of the rules and procedures proposed to be adopted on the City's website for public review and comment at least thirty(30)days prior to the effective date of such rules and procedures. Upon adoption,the Director shall maintain a copy of the rules and procedures on file in the Director's office. (d) Subject to appropriations,the Director shall have the authority to contract with investigators, consultants, and legal counsel, if approved by the City Corporation Legal Counsel pursuant to IC 36-4-9-12,to aid in the investigation of Complaints filed with or processed by the Review Office. (e) The Director shall be in regular communication with the Chief and shall make quarterly reports to the Common Council and the Mayor concerning matters of conduct and recurring issues that are processed by the Review Office.The Director shall also provide periodic reports and an annual report. (f) The Director shall conduct a yearly audit of the number of Complaints filed and resolution thereof and forward that audit to the Common Council, Mayor and Board of Public Safety. (g) Staffing and budget recommendations for the Review Office shall be made by the Director in consultation with the Mayor or the Mayor's designee,the Common Council, and the Review Board. (h) On a quarterly basis,the Director shall forward a report of each Review Board Member's attendance and each Member's training, as required by Section 2-12.2.2(d)of the South Bend Municipal Code,to the Common Council and the Mayor. (Ord. No. 10721-20, § I, 10-5-20;Ord. No. 10804-21, § III,8-9-21) Created: 2025-07-08 09:33:01 [EST] (Supp. No.62) Page 2 of 2 *** City of South Bend * Common Council * 1.11 County-City Building• 227 W.Jefferson 131cc1 * South Bend, Indiana 16601 September 22, 2025 Canneth Lee President Filed in Clerk's Office Rachel Tomas Morgan South Bend Common Council Vice President C_+' 2 2 z' 4`t' Floor, County-City Building Bianca Tirado Troy Warner City Clerk, South Bend, IN Chairperson,Committee South Bend, IN 46601 of the Whole Re: SUBSTITUTE BILL 53-25 Canneth Lee AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF First District SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, ()phelia Goodeii-Rodgers SECTIONS 2-12.1.15(C) AND 2-12.1.17(A) TO ADD THE DUTY TO Second District REVIEW CERTAIN LAW ENFORCEMENT RECORDINGS Sharon L. McBride RELEVANT TO CERTAIN COMPLAINTS FILED WITH THE Third District COMMUNITY POLICE REVIEW BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD RESPECTIVELY Troy Warner Fourth District Dear Chairperson Gooden-Rodgers: Sherry Bolden-Simpson We are submitting a substitute Bill 54-25.This substitute clarifies that the Director Fifth District of the Community Police Review Board and the Members of that Board are authorized to view any law enforcement recordings relevant to complaints Sheila Niezgodski investigated by the Review Board so long as the viewing is consistent with the Sixth District Indiana Open Door Law, Ind. Code§ 5-14-1.5-1 et seq.This was the intent of the 1)r. Oliver Davis original bill.This substitute simplifies the language of the original bill in response At Large to questions raised about the original language. Please consider this substitute at the Community Relations Committee meeting Rachel Tomas Morgan scheduled for September 22, 2025. At Large Thank you for your consideration. Karen I.. White At Large Sincerely yours, 014,/ evy Dr. Oliver Davis, At-Large, South Bend Common Council (57 1) 235-9321• Fax (571) 235-9173 •TI)D(571) 235 >567 • hap://www.soutlibendiu.gov ** City of South Bend * Common Council * �1,11 County-City Building• 227 W.Jefferson Blvd * * South Bend, Iiuiiana-1(i601 41Villyoleafir41 Sherry Bolden-Simpson, Fifth District, South Bend Common Council ii, (574) 235-9321• Fax(574) 235-9173 •TDD (574) 235-5367 • littp://www.soutlibeudin.gov Filed in Clerk's Office 2 2 2025 SUBSTITUTE BILL NO. 53-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-12.1.15(C) AND 2- 12.1.17(A) TO ADD THE DUTY TO REVIEW CERTAIN LAW ENFORCEMENT RECORDINGS RELEVANT TO CERTAIN COMPLAINTS FILED WITH THE COMMUNITY POLICE REVIEW BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD RESPECTIVELY STATEMENT OF PURPOSE AND INTENT On August 11, 2025, this Council passed Bill No. 43-25, as amended, Ordinance No. 11216-25 which amended Section 2-210 of the Municipal Code pertaining to fees and processes for public records requests. Among the amendments to the ordinance is a provision that all public records request forms for law enforcement recordings shall contain the statement"upon the filing of a complaint by a resident with the Community Police review Board, the Board Director and the Community Police Review Board will review all recordings relevant to that complaint." These amendments amend Sections 2-12.1.15(c) and 2-12.1.17(a) of the South Bend Municipal Code to include the duties created by Bill No. 43-25 Ordinance No. 11216-25 among the duties of the Review Board and the Director of the Review Board respectively. 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 2-12.1.15(c) is amended to read in its entirety as follows: Sec.2 Sec. 2-12.1.15. Review Board duties. (c) The Review Board shall: (1) Review the allegations of each complaint; (2) Review law enforcement recordings relevant to any complaint investigated by the Community Police Review Office consistent with the provisions of the Indiana Open Door Law, Ind.Code § 5-14-1.5-1 et seq.; (3) If necessary, investigate the allegations of each complaint; (4) Collect, track and report civilian complaints; (5) Suggest revisions to existing, or the addition of new, policies when necessary; (6) Facilitate Community Advisory Group meetings and compile resident feedback; (7) Provide policy suggestions to the Common Council, Mayor, and Board of Public Safety; and (8) Recommend to the appropriate authority the additional investigation of complaints when necessary. Section II. South Bend Municipal Code Chapter 2, Article 1, Section 2-12.1.17(a) is amended to read in its entirety as follows: Sec. 2-12.1.17. Review Office Director; staff. (a) The Mayor, with the consultation of the Common Council, shall appoint a full-time Director of the Review Office. The Director shall be supervised and be subject to review and evaluation by the Mayor or the Mayor's designee in collaboration with the Review Board and the Common Council. The duties of the Director shall include: (1) Managing the Review Office, including its staff; (2) Enhancing communications and good will between the police and residents; (3) Review law enforcement recordings relevant to any complaint investigated by the Community Police Review Office consistent with the provisions of the Indiana Open Door Law, Ind.Code § 5-14-1.5-1 et seq.;; (4) Maintaining records, confidential or otherwise, of all Complaints, proceedings thereon, and dispositions. Section III. 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 IV. Effective Date. These amendments to the ordinances shall be in full force and effect January 1, 2026. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office SUBSTITUTE BILL NO. 53-25 `� P 2 2 2125 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-12.1.15(C) AND 2- 12.1.17(A) TO ADD THE DUTY TO REVIEW ALL CERTAIN LAW ENFORCEMENT RECORDINGS RELEVANT TO ANY CERTAIN COMPLAINTS FILED WITH THE COMMUNITY POLICE REVIEW BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD RESPECTIVELY STATEMENT OF PURPOSE AND INTENT On August 11, 2025,this Council passed Bill No. 43-25, as amended, Ordinance No. 11216-25 which amended Section 2-210 of the Municipal Code pertaining to fees and processes for public records requests. Among the amendments to the ordinance is a provision that all public records request forms for law enforcement recordings shall contain the statement"upon the filing of a complaint by a resident with the Community Police review Board, the Board Director and the Community Police Review Board will review all recordings relevant to that complaint." These amendments amend Sections 2-12.1.15(c) and 2-12.1.17(a) of the South Bend Municipal Code to include the duties created by Bill No. 43-25 Ordinance No. 11216-25 among the duties of the Review Board and the Director of the Review Board respectively. 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 2-12.1.15(c) is amended to read in its entirety as follows: Sec.2 Sec. 2-12.1.15. Review Board duties. (c) The Review Board shall: (1) Review the allegations of each complaint; (2) Review all-law enforcement recordings relevant to any complaint investigated by the Community Police Review Office consistent with the provisions of the Indiana Open Door Law, Ind.Code § 5-14-1.5-1 et seq.; (3) If necessary, investigate the allegations of each complaint; (4) Collect, track and report civilian complaints; (5) Suggest revisions to existing, or the addition of new, policies when necessary; (6) Facilitate Community Advisory Group meetings and compile resident feedback; (7) Provide policy suggestions to the Common Council, Mayor, and Board of Public Safety; and (8) Recommend to the appropriate authority the additional investigation of complaints when necessary. Section II. South Bend Municipal Code Chapter 2, Article 1, Section 2-12.1.17(a) is amended to read in its entirety as follows: Sec. 2-12.1.17. Review Office Director; staff. (a) The Mayor, with the consultation of the Common Council, shall appoint a full-time Director of the Review Office. The Director shall be supervised and be subject to review and evaluation by the Mayor or the Mayor's designee in collaboration with the Review Board and the Common Council. The duties of the Director shall include: (1) Managing the Review Office, including its staff; (2) Enhancing communications and good will between the police and residents; (3) Review law enforcement recordings relevant to any complaint investigated by the Community Police Review Office consistent with the provisions of the Indiana Open Door Law,Ind.Code§ 5-14-1.5-1 et seq.:nevi .. all la.. enf:cement=eco dings rele ant tto (4) Maintaining records, confidential or otherwise, of all Complaints, proceedings thereon, and dispositions. Section III. 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 IV. Effective Date. These amendments to the ordinances shall be in full force and effect January 1, 2026. Canneth Lee 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 September 2025, at o'clock M. M. City Clerk Approved and signed by me on the day of September 2025, at o'clock .m. James Mueller Mayor, City of South Bend, Indiana