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Home My WebLink About01-26 Repealing, Superseding, and Replacing Chapter 2, Article 1, Section 2-10.1 by Establishing the Powers and Duties of the Common Council Rules Committee and Eliminating the Process and Procedures for Filing Complaints Against Council Members * City of South Bend * Filed in Clerk's Office * Jan 7, 2026 Common Council * Bianca Carina * l-ll Cnuui Cite Building • 2/ \\ . �tllcrsuu Bl�cl City Clerk. South Bend, IN South 13tncl. Iutli;uri I61;01 Catttttllt January 7, 2026 I I'resitIcni ShciLt Niti°txlski South Bend Common Council \itc l'rc;i<Irul IF( Warner 215 S. Dr. Martin Luther King Jr. Blvd. Chairperson,Commiuc` Suite 300 ctl the \\'halt South Bend, IN 46601 C:nutcih l.tc hirsl I)isuitt Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE )ithtlia CITY OF SOUTH BEND, INDIANA, REPEALING, SUPERSEDING Scc t (l Dtsuitt AND REPLACING CHAPTER 2,ARTICLE 1,SECTION 2-10.1 BY ESTABLISHING THE POWERS AND DUTIES OF THE Sltamn I.. \Iclin`I` COMMON COUNCIL RULES COMMITTEE AND ELIMINATING Third District THE PROCESS AND PROCEDURES FOR FILING COMPLAINTS I In\ warm.' AGAINST COUNCIL MEMBERS Fourth District Dear Council Members: Shcrt� 1'tnI<Iru Sind„ it: hid' District There have been calls by residents and Council members alike to amend Chapter 2 Article 1 Section 2-10.1 of the Municipal Code regarding ~lied. Nie/godski written Complaints made against Council members and the manner in which sia I t District those complaints are resolved. 1)1. ()Itvcr Dais tl [.;n:c The current ordinance provides that the initial meeting of the Rules Committee to discuss complaints to be in a non-public executive session. R;tthcl l lams Morgan That provision of the ordinance was enacted approximately fourteen(14) At Large ge years prior the enactment of the applicable Indiana Open Door statute which h;trot L. whitehas been interpreted by the former Public Access Counselor as requiring a tt l tr;r public meeting, even at the initial confidential stage of the process. Recent public meetings of the Rules Committee demonstrated the impossibility of complying with the confidentiality provisions of the ordinance and the former PAC's interpretation of the Open Door law. This led the Rules Committee to investigate how other municipalities address Complaints against Common Council members. The results were unexpected. The search revealed that almost no municipality has a similar ordinance providing for Complaints to be filed, including Mishawaka, Elkhart, Ft. Wayne, Gary, or St. Joseph County. One municipality that has a somewhat similar complaint system also provides for confidentiality. It is not known whether this provision has ever been challenged. We believe that the City of South Bend should join those municipalities that do not provide for a process of receiving and resolving complaints against elected officials. Eliminating the formal complaint process does not leave our residents without redress. Reports of improper conduct can be filed with the Police Department or the Prosecutor's office. Those entities are far better equipped to investigate alleged misconduct than is the Council. Additional remedies against elected officials are contained in Indiana state statutes. Residents, and others, will continue to have the privilege of the floor available at Council meetings. The Rules Committee will continue to have jurisdiction over issues of public trust. Finally, the citizens' ultimate remedy is the ballot box. The proliferation of frivolous, meritless, repetitive,and legally incorrect complaints, combined with the elimination of nonpublic executive sessions for initial consideration of complaints, has resulted in an inordinate amount of time devoted to resolving such complaints and hinders the Rules Committee in performing its necessary duties. The current ordinance provides no expeditious way to resolve such complaints short of a Rules Committee hearing. This proposed amended ordinance will remedy this situation. This ordinance repeals, supersedes and replaces Chapter 2, Article 1, section 2-10.1 in its entirety. The amendments will eliminate frivolous, meritless, or legally incorrect complaints which the Rules Committee is compelled to resolve under the procedure contained in the current ordinance. We ask that this proposed ordinance be assigned to the Rules Committee on January 12, 2026, and scheduled for second and third readings and public hearing on January 26, 2026. Thank you for your consideration. Sincerely yours, 1171°. 4 '& /4410"---------------- Canneth Lee, First District Member Troy Warner, Fourth District Member South Bend Common Council South Bend Common Council qatt5( I FI+.dM IaNvik✓• Rachel Tomas Morgan, At Large Member South Bend Common Council i Liz IJ i.;-').S21• L1\ (. / 1) 2 5.;-'III i • 11)1) (.1/ II .i.;-.,,i(;7 • �111!): \1C11.�l IIt}I )CIII 1IIL:,(N Filed in Clerk's Office Jan 7, 2026 BILL NO. 01-26 Bianca"I irado City Clerk. South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,REPEALING, SUPERSEDING AND REPLACING CHAPTER 2,ARTICLE 1,SECTION 2-10.1 BY ESTABLISHING THE POWERS AND DUTIES OF THE COMMON COUNCIL RULES COMMITTEE AND ELIMINATING THE PROCESS AND PROCEDURES FOR FILING COMPLAINTS AGAINST COUNCIL MEMBERS STATEMENT OF PURPOSE AND INTENT Section 2-10.1 of the Municipal Code as currently written provides for complaints against Common Council members to be filed by a complaining party or initiated by at least two members of the Rules Committee without specifying who may be a complaining party. The current ordinance also provides that the initial meeting of the Rules Committee to discuss complaints to be in a nonpublic executive session. That provision of the ordinance was enacted approximately fourteen(14)years prior the enactment of the applicable Indiana Open Door statute. The proliferation of frivolous, meritless,repetitive,and legally incorrect complaints, combined with the elimination of nonpublic executive sessions for initial consideration of complaints, has resulted in an inordinate amount of time devoted to resolving such complaints and hinders the Rules Committee in performing its necessary duties. This ordinance repeals, supersedes and replaces Chapter 2,Article 1, section 2-10.1 in its entirety. This amendment also establishes the Rules Committee's duties in reference to the operation of the South Bend Common Council. 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 2-10.1 is repealed, superseded, and replaced in its entirety as follows: Sec.2-10.1. Powers,duties,and procedures of the Council Rules Committee. (a) Standard of conduct generally: The Common Council recognizes that Council Members hold their offices as a trust conferred upon them by the citizen voters of the community,and that this public trust requires all Council Members to observe the highest standard of conduct in carrying out their official duties. (b) Function: The Council further recognizes the Council Rules Committee's role in the operation of the South Bend Common Council. (c) Composition: The Council Rules Committee referred to hereinafter as "committee" shall consist of not less than three(3) members, of whom there shall be a reflection of the political composition of the Council. However,the remaining odd-numbered member shall be the President of the Common Council. (d) Vacancies: A vacancy on the Rules Committee due to cause shall be filled for the unexpired term in the same manner as the original appointment. (e) Officers and staff The committee shall elect from its membership a Chairperson and a Vice-Chairperson who shall each be selected for one-year terms. The City Clerk or a designee of said office shall serve as the custodian of its records and minutes. The City Attorney's Office and the Council Attorneys may furnish legal assistance to the committee, and the committee,within the limits of its budgetary appropriation may be authorized to employ or engage the services of such other personnel on a limited basis as it deems necessary for the purposes for which it was created. (f) Duties: The Rules Committee in addition to such other duties as may be prescribed to it by this Code, 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. 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 immediately from and after its passage by the Common Council and approval by the Mayor. 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 ,2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2026,at o'clock .m. James Mueller,Mayor City of South Bend,Indiana