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HomeMy WebLinkAbout07-21-86 Council Special Meeting MinutesSPECIAL MEETING JULY 21, 1986 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 21, 1986, at 4:00 p.m. The meeting was called to order and the Pledge to the Flag was given. nnr r r-T T T Present: Council Members Serge, Braboy, Puzzello, Taylor, Zakrzewski, Barcome, Paszek, Voorde and Beck Absent: None TO THE MEMBERS OF THE SOUTH BEND COMMON COUNCIL NOTICE OF SPECIAL MEETING OF THE COMMON COUNCIL You are hereby notified that there will be a special meeting of the South Bend Common Council, in the Council Chambers Monday, July 21, 1986, at 4:00 p.m., for the purposes outlined below. For the entire Council to have the opportunity to accept, reject or modify the recommendations from the Rules Committee regarding the alleged violations of rules of conduct regarding comments made by Councilman Al Paszek. John Voorde Ann Puzzello Beverlie J. Beck Thomas Zakrzewski Joseph T. Serge Al Paszek James V. Barcome Eugenia Braboy Robert G. Taylor ATTEST; Irene K. Gammon CITY CLERK The Council attorney, Kathleen Cekanski - Farrand read the following outline of Procedures: A. Special Council meeting is being held pursuant to proper call and pursuant to Section 2 -10.1 (j) of the Municipal Code of the City of South Bend. B. Confirm that there are four (4) items filed with the City Clerk: (1) Report from the Council Rules Committee; (2) Supplemental Report filed by Councilman Eugenia Braboy, dated July 17, 1986; (3) Letter dated July 17, 1986, from Councilman Puzzello 94) Supplemental Statement dated July 18, 1986 from Councilman Voorde. C. Council Shall act upon each item in the order just read. D. Procedure for Report: (1) Pursuant to teh Municipal Code NO testimony or other evidence can be heard thus the Council will only hear "final clsoing statements" as follows: (1) A total of ten minutes divided equally between a representative of the NAACP and a representative from the Urgan League from South Bend and St. Jospeh County, Inc., representing the complainants. (2) Councilman Paszek and /or his legal counsel, Mr. McFadden, will then have a total of ten minutes to give their final closing statements. (2) A total of twenty minutes divided equally into ten - minute portions to enable those in favor of the report of the Council Rules Committee and those in opposition to the report from the Council Rules Committee then shall take place. Such time shall be for the sole purpose of receiving opinion and shall not be regarded as evidence. (3) The Council portion shall then take place for the Council to deliberate on the report from the Council Rules Committee. There shall be no further input from the public once the Council portion begins. (4) A formal vote whether to affirm, modify, or reject the report from the Council Rules Committee will then be taken. (5) The three remaining supplemental reports shall then be acted upon without eliciting comments from the public. Each will be voted upon by the Council on their own individual merits. The City Clerk confirmed 6he fact that the four items listed above had been filed with her. Each Councilman confirmed the fact that the had a copy of each item. Council Member Taylor made a motion to accept the procedure outlined, seconded by Council Member Serge. The motion carried. Melvan Martin,, 710 N. Twyckenham, spoke on behalf of the NAACP. She indicated that many where outraged and felt an injustice had occurred following the Rules Committee meeting last Thursday, July 17. She indicated that as the complainants we were not given fair hearing. She indicated the meeting was confusing, and the Rules Committee had clearly indicated that no one besides the Rules Committee Members would be allowed to speak. She indicated the Committee allowed Mr. Paszek's attorney, not only to speak but to debate various procedural issues with Mr. Butler, their attorney. She indicated that today's session was setup in a fair manner and both parties are able to present their views. She indicated that the Council was faced with a monumental challenge. She indicated that the decision to choose between right, which is to ask for his resignation and wrong. She indicated the decision is as to whether the Council will have the courage to follow your conscience. She indicated concerned citizens of all ethnic backgrounds realize that the Council has a moral responsibility to ask for Mr. Paszek's resignation. Leon Martin, 1708 S. High, President of the Urban League, indicated he had talked with all the members of the Council. He indicated he had talked with Mr. Serge, and received a very interesting response, that Mr. Paszek did not mean it, but he did it and we really should not pursue removing him from the Council. He indicated that Mrs. Braboy has held the lantern through the storm and it was appreciated. He indicated that Urban League respected Council Member Puzzello position. He indicated that Council Member Taylor had not kept the faith. He indicated the Council Member Beck sat in a hard place and he could appreciate that, but he would appreciate more, a vote for resignation. He indicated that Council Member Zakrzewski was a nice person, and has not said much, he indicated elected politicans should speak up. He indicated that Council Member Barcome was very silent, and he was hoping that some of his private talk with get out in the public. He indicated that Council Member Paszek had met with him, and he appreciated it, although he thought his comments were racist and you should resign. He indicated that Mr. Voorde grew up in the same neighborhood as I did, and rumor is you would like to be Mayor and if you have those ambitions and you vote anything short of resignation, I would suggest you put that vote in escrow. He indicated they expected more of potential mayoral canidates, more aggressiveness, more stand. He indicated that the Urban League stands to ask Mr. Paszek to resign. Victor McFadden, attorney for Council Member Paszek, indicated he had represented Mr. Paszek for years and never heard him say an unkind work about any one, black or white. He indicated that the Rules Committee decision was flawed from two respects: 1. The remarks that he made, were statements made not at a Council Meeting, not at a caucus, but at a public session of any kind, but in the confines of his home, and does not represent an action was a Council Member, or one of the matters mandated by the Council: 2. His his right to free speech. He indicated he did not agree with the statements made, but he thought Mr. Paszek was responding to a situation. Leo Wallisch, 446 LaPorte, indicated that every citizen in the community should work hand in hand, and it was now time for forgiveness. Ralph Johnson, 734 N. Cushing, indicated that the Council should be very careful about censuring free speech. Helen Pope, 1408 W. Linden; Nancy Stokes, 409 E. Paris; Debbie Kingsbury, 735 N. Elmer; Tracy Jacobs, 1053 N. Elmer; Ann Clark, 831 Forrest; Gladys Muhammad, 207 Walton; Clarence Abdul Nabar, 431 Dundee; spoke against the Rules Committee's censure of Council Member Paszek. Council Member Taylor made a motion that the full Council accept the recommendation of the Rules Committee, seconded by Council Member Voorde. The motion carried on a roll call vote of seven ayes, one nay (Council Member Braboy) and one abstention (Council Member Voorde.) Council Member Braboy read her supplemental report. She made a motion that only the request for resignation be considered, seconded by Council Member Puzzello. The motion carried. Council Member Puzzello read her supplemental report. r Council Member Braboy made a motion to combine the two supplemental reports for purposes of voting for Council Member Paszek's resignation, seconded by Council - Member Puzzello. The motion failed on a roll call vote of two ayes and seven nays. Council Member Braboy made a motion that the Section of the Municipal Code that deals with the Rules Committee be amended, seconded by Council Member Beck. The motion carried on a roll call vote of nine ayes. Council Member Voorde read his supplemental statement. He made a motion the Council support a request to Al Paszek that he resign from the Economic Development Commission, seconded by Council Member Braboy. The motion failed on a roll call vote of two ayes (Council Members Braboy and Voorde) and seven nays. City Clerk, Irene Gammon, read the following statement of censure: STATEMENT OF PUBLIC CENSURE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND The undersigned members of the South Bend Common Council, consisting a majority of said body, hereby utterly and totally condemn the statements made by Councilman -at -Large Al E. Paszek in his telephone interview with the South Bend Tribune Reporter, James Wensists on June 23, 1986. WITNESSETH: WHEREAS, The South Bend Common Council, the Legislative Branch of the City of South Bend, hereby confirms its relief in human dignity and the equality of all persons regardless of their race, color, sex, handicap, creed, national origin or ancestry. WHEREAS, the South Bend Common Council, hereby reaffirms its belief that it is, and should be, the public policy of the City of South Bend to provide to all of its citizens equal opportunity for education, employment, housing, and all other things which our Constitution guarantees in the pursuit of life, liberty and happiness. WHEREAS, the South Bend Common Council recognizes that it faces the greatest challenge that it has ever faced before in the history of our City; WHEREAS, THE SOUTH BEND COMMON COUNCIL RECOGNIZES THAT: "We live in a free and open society; that is where our strength and greatness lies. We do not hide our faults behind a wall; we do not try to bury our mistakes; we do not conceal incidents, even though they are shameful..." WHEREAS, the South Bend Common Council recognizes that countless individuals have given their lives "to carry out a dream to try to end the divisions that have existed so deeply in our Country" and have worked to "develop wisdom, compassion, and a sense of justice toward those who still suffer, whether they be white or black ", rich or poor, aged or youth. WHEREAS, the remarks of one of our members have set off a tidal wave throughout our Community which has shook its very core; a WHEREAS, Councilman Paszek's failure to provide either an explanation or an apology in a timely fashion has further compounded the hurt; and WHEREAS, that since the members of the Common Council represent the entire Community and all citizens regardless of their age, wealth, race, ethnic background, or sex, the Council must be keenly aware of the needs and desires of the persons it serves in this capacity of public trust. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION i. The South Bend Common council must ask our colleague, Councilman -at -Large Al E. Paszek to accept the findings of the Council Rules Committee, and therefore PUBLICLY CENSURES him for his remarks made on June 23, 1986. SECTION II. The South Bend Common Council acknowledges the need to heal the wounds in our Community created by the statements of Councilman Paszek. SECTION III. The South Bend Common Council encourages all South Bend residents to reflect upon this incident so that we can begin anew, today, to rededicate our lives to the high ideals of respect for all individuals and the opportunity to "right wrongs" when pursuing justice and freedom. /s/ Joseph T. Serge Member of the Common Council /s/ Thomas Zakrzewski Member of the Common Council /s /Beverlie J. Beck Member of the Common Council /s/ Robert G. Taylor Member of the Common Council /s/ Ann B. Puzzello Member of the Common Council Member of the Common Council /s /James V. Barcome Member of the Common Council /s /John Voorde Member of the Common Council Member of the Common Council Council Member Taylor made a motion to adjourn, seconded by Council Member Voorde. The motion carried and the meeting was adjourned at 5:17 p.m. ATTEST; City Clerk APPROVED; Iz- / Awe -/, , - - Q \-� resident