HomeMy WebLinkAbout11254-26 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 ORDINANCE No .
11254-26
Passed by the Common Council of the City of South Bend, Indiana
February 9, 26
20
Attest: City Clerk
Bianca L. Tirado
2—
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 10, 20 26
i City Clerk
ianca L. Tirado
Approved and signed by me 54"1 I l 20 26
)/ Mayor
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BILL NO. 01-26
ORDINANCE NO. 11254-26
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 2-10.1in 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Section I. South Bend Municipal Code Chapter 2, Article 1, Section 2-10.1 is repealed,
superseded, and replaced in its entirety as follows: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.
Canne J. Lee, Counciisident
South Bend Common Council
Attest:
ili4t (
Bianca L. Tirado, ity 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 10th day of February , 2026, at 12 o'clock p.m.
AIWA" 117?" ---
Bianca L. Tirado, Cit Jerk
Office of the City Clerk
Approved and signed byme on the l/
pp � � day of ���•� , 2026, at 1 o'clock
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Jame ueller, Mayor
City South Bend, Indiana