HomeMy WebLinkAbout2024 Common Council Standard Operating Procedures Manual•
STANDARD OPERATING PROCEDURES MANUAL
OF THE
SOUTH BEND COMMON COUNCIL
•
CITY CLERK BIANCA L. TIRADO
Created February 1, 2016
Updatcd January 1, 2024
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Preface
On January 1, 2024, a newly elected 9-member South Bend City Council and newly elected South Bend
City Clerk officially took office to serve the citizens of the city.
In the interest of further promoting best practices in the legislative branch of city government, as well as
in the Office of the City Clerk, the following Standard Operating Procedures Manual has been developed. This
document is intended to address day-to-day operational procedures, policies, and practices. These standard
operating procedures are supplemental to the Common Council governing rules and regulations, which were duly
passed by ordinance and codified into Chapter 2 of the South Bend Municipal Code.
This Manual will serve as a quick reference to address routine policies and procedural questions, so that
when an issue may arise that each may be timely and reasonably addressed. These SOPs may be amended or
updated from time to time to achieve greater operational efficiencies. Additional SOPs may be added, as deemed
necessary, with all members of the South Bend Common Council, their Administrative Staff, and the Office of
the City Clerk, as well as, the standing committees, boards, and commissions being updated on all additions and/or
changes.
This Manual is also designed to complement the Common Council's Mission Statement:
• "To make certain that our City Government is always responsive to the needs of our residents and that the
betterment of South Bend is always our highest priority".
This Manual is authorized pursuant to the authority granted to the Council President to "perform any
function proper and necessary for the effective and efficient operation of the office as deemed in the public
interest" as set forth in South Bend Municipal Code § 2-6; and in furtherance of the "duties of the City Clerk as
Clerk of the Council" as set forth in South Bend Municipal Code § 2-7.
If any Council Member has any questions or concerns, they should be brought to the attention of the
Council President so that each may be timely and reasonably addressed.
We look forward to a very productive and positive term of office, as we work together for the betterment
of the citizens of South Bend. Thank you!
s, 4 Ageigi
Sharon L, McBride Council President
heila Niezgodski. Vice
e President
Stfroa L. Tkh
Bianca Tirado, City Clerk
Sec. 2-6. - President of Common Council, powers and duties; Vice -President of Common Council, powers and
duties.
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(a) The presiding officer or President of the Common Council, after being duly elected pursuant to
Section 2-3 of this Code, and after taking the oath of office, shall take the chair and preside over
all regular, special and informal meetings of the Council.
(b) The President shall call the Council to order at the hour for the opening of the meetings and upon
the appearance of a quorum.
(c) The President or other presiding officer shall have the right to participate in the discussion of the
Council after all other Council Members have had an initial opportunity to speak on an issue and
shall have the right to vote on all matters, without taking leave of the chair.
(d) The President shall:
(1) Preserve strict order and decorum among Council Members and/or members of the public;
(2) Decide all questions of order, and such decisions shall be final unless appeals are taken to the
Council;
(3) Appoint all standing committees at the commencement of the term of the Council; provided
that such standing committees shall serve only during the term of the appointing President;
(4) Appoint all special committees which may be ordered by the Council;
• (5) Fill all vacancies which may occur in any of the standing or special committees;
(6) Sign all ordinances and resolutions adopted by the Council prior to their presentation to the
Mayor, as well as all ordinances after enrollment, and the journal of the proceedings;
(7) Perform any function proper and necessary for the effective and efficient operation of the
President's office as deemed in the public interest.
(e) The Vice -President and the Chairperson of the Committee of the whole of the Council shall be
elected at the same time and for the same term and manner as the President of the Council.
(f) The Vice -President or other presiding officer shall possess the powers and perform the duties of
the President of the Council when the President is absent, or when a temporary vacancy occurs in
the Office of the President.
(Code 1916, § 3; Code 1962, § 2-8; Ord. No. 6114-77, § 1; Ord. No. 6237-77, § 2; Ord. No. 7025-82, § 2; Ord.
No. 7929-88, § 1; Ord. No. 10877-22 , § I, 9-12-22)
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Sec. 2-7. - Duties of City Clerk as Clerk of Council.
(a) The City Clerk shall be the Clerk of the Common Council.
III(b) The City Clerk shall be elected by the voters of the City at the time and in the same manner as
other City officers are elected. The term of office shall commence on the first day of January
following the Clerk's election and shall continue for four (4) years thereafter.
(c) The Clerk, or a designated representative of the Clerk's Office, in addition to the powers and
duties enumerated in Section 2-14 of this Code, shall attend all regular and special meetings of
the Council and shall keep an accurate journal of the proceedings of the Council and exercise and
perform the powers and duties as provided and prescribed by law, this Code or ordinances. The
City Clerk's Office shall prepare minutes without consultation with anyone not a part of said
office.
(d) The Clerk shall call the roll at the beginning of each session of the Council and on the vote of
every ordinance and resolution and whenever requested by two (2) members on any other votes
and record the ayes and nays by Council Member name in the minutes.
(e) The Council Members shall be called in the following order: First, the District Council Members in
the order of their districts; next the Council Members -at -Large in alphabetical order; last, the
presiding officer. On all requested roll call votes when sitting as Committee of the Whole, on all
S third readings of bills, and on all resolutions, the Clerk shall call the roll rotating the call of each
Council Member by one (1) position.
(f) The Clerk shall provide and maintain in the City Clerk's Office a supply of forms for all matters
required to be filed with the City Clerk.
(g) The Clerk shall have the power to administer oaths of office.
(h) The Clerk shall make available to the press and any other interested person, upon request, all
public information which is available concerning the subjects to be discussed at any regular,
special or informal meetings of the Council, and shall also make available the time, date and place
of such meetings.
(i) Upon the request of any Council Member or the Council Attorney on behalf of any Council
Member, the Office of the City Clerk shall provide other supportive clerical assistance and other
related services to the Council, its standing committees, and such other committees which
include Council representatives. Such services shall be provided to further effectuate the
necessary obligations, responsibilities and duties required of the Council Members and to further
the effective and efficient operation of the Council.
• (j) The City Clerk's Office shall maintain all minutes of the standing and special committees of the
Common Council which are duly filed with said office by the Chairperson of the Committee. The
minutes shall be maintained with the notices of such meetings in a separate and permanent
folder for each committee. All folders shall be open for public inspection and available for copying at a
reasonable cost to members of the public.
diode 1916, § 4; Code 1962, § 2-7; Ord. No. 6114-77, § 1; Ord. No. 6814-80, § 1; Ord. No. 7025-82, § 2; Ord.
o. 7862-88, § 1; Ord. No. 7929-88, § 1; Ord. No. 10877-22 , § I, 9-12-22)
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Updated January 1, 2024
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TABLE OF CONTENTS
OF THE
STANDARD OPERATING PROCEDURES MANUAL
OF THE
SOUTH BEND COMMON COUNCIL
Standard Operating Procedures:
SOP # Topic Addressed
SOP # 01-2024-SBCC:
SOP # 02-2024-SBCC:
SOP # 03-2024-SBCC:
SOP # 04-2024-SBCC:
4111pP # 05-2024-SBCC:
SOP # 06-2024-SBCC:
SOP # 07-2024-SBCC:
SOP # 08-2024-SBCC:
SOP # 09-2024BCC:
SOP # 10-2024-SBCC:
SOP # 11-2024-SBCC:
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Use of South Bend Common Council Stationery
News or Press Releases Issued by Council Members
Use of Council Informal Meeting Room
Off -Site Council Member News or Press Conferences
and Working with the Media
Standing Committee Meetings & Use of Protocol Form
Conflict of Interest Annual Review
Annual Standing Committee Organizational Meetings and Orientation
Sessions with Persons Appointed as Committee Citizen Members
Procedures Governing Travel by Council Members
City -Owned Technologies
Expenditure Request
Off -Site Meetings of a Standing Committee
Page
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3
5
7
9
11
12
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14
16
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Standard Operating Procedure # 01-2024-SBCC
Addressing
Use of South Bend Common Council Stationery
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) establishes policies and procedures addressing the use of
Council stationery, so that professional and systematic standards are routinely followed by all Council
Members, their support staff, and the Office of the City Clerk.
Scope: This SOP governs when Council stationery may be used by a Council Member.
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
South Bend Common Council stationery may only be used when a Council Member desires to address a matter
concerning official government business of the City of South Bend. In limited circumstances, if a Council
Member is requested to issue a letter of reference for an individual, Council stationery may be used so long as it
is limited to his/her knowledge of the individual and does not convey a recommendation on behalf of the
ommon Council or the City of South Bend, Indiana.
411,
ouncil stationery is defined as that which contains the City Seal and the name of the Common Council.
In order to comply with the Americans With Disabilities Act (ADA), the stationery must also contain the street
address, telephone contact information and the TDD number 574.235.9221.
It is the responsibility of the Council Member using Council stationery, and not that of the Office of the City
Clerk, to maintain copies of all documents issued on Council stationery, in the event that a request for public
records is received by the City pursuant to the Indiana Public Records Act. Compliance with this governing law
is the duty of the Council Member.
In the event that a Council Member desires to issue a statement which is an opinion or editorial comment which
does not pertain to pending proposed legislation or city governmental issues or topics, in such instances the
Council support staff, and the staff of the Office of the City Clerk shall not assist, and such statement shall only
be issued on personal letterhead. In such instances the individual Council Member shall be solely responsible
for the dissemination of such opinions and editorial comments.
In the event that a Council Member needs assistance in the preparation of a document he/she wishes to issue on
Council stationery, he/she must give reasonable notice to the Council Attorney and the Legislative Research
Assistant, especially if the document is also to be issued in Spanish.
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Standard Operating Procedure # 01-2024-SBCC
dressing Use of South Bend Common Council Stationery
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1. In the event that a Council Member needs assistance in having a communication typed on Council
stationery, he/she shall contact the staff member assigned by the City Clerk, in a reasonable period of time
to complete such task.
2. All usage of Council stationery shall be done in a manner which is consistent with all rules of decorum
governing members of the South Bend Common Council, and in particular the provisions of South Bend
Municipal Code § 2-8 (k) which provides in part that "no member shall impugn a motive of another", and
South Bend Municipal Code § 2-8 (o) which provides in part that "each Council Member shall observe
the highest standards of dignity, propriety, courtesy, respect and decorum..."
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Sec. 2-8. - Decorum and debate regulating Common Council.
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(a) The presiding officer shall preserve order and decorum at all Council meetings. When necessary,
the presiding officer may seek the assistance of the Sergeant -at -Arms in the enforcement of this
provision.
(b) Each member of the Common Council shall be present within the Council Chamber during the
sessions of the Council and shall vote on each question put unless excused from voting by a
majority of the members present. Any Council Member not present shall be noted in the minutes
as absent.
(c) A Council Member shall not vote or take any other discretionary action in the Member's official
capacity, except in the exercise of the Member's own independent judgment, reached after due
regard for the collective interests of the Member's constituency as a whole, and of the citizens
and the community of the City of South Bend. The prohibition in this subsection extends to any
agreement to take action in violation of this subsection and to any effort to induce other Council
Members to violate it.
(d) Whenever a Council Member has or is likely to have a substantial conflict of interest in connection
with a matter pending before the Council in which the Member's action may be influenced by
possible economic benefits or material personal gain, the Member shall disclose fully the nature
of the potential conflict of interest, in which event the Member may continue to participate in the
deliberations and vote on the matter if it is determined by a majority of the Council present that it
is not a substantial conflict of interest.
(e) Whenever a Council Member has or is likely to have a substantial conflict of interest in connection
with any official matter other than one pending before the Council, the Member shall either:
(1) Disqualify himself or herself from further participation in the proceeding; or
(2) Conduct himself or herself in accordance with an advisory opinion from the Council Rules
Committee.
(f) Council Members shall not derive or attempt to derive any unjustified enrichment from their
office. This subsection forbids:
(1) The solicitation or acceptance of any bribe, or any gift, or other material, economic or
personal benefit, or of any promise of similar benefit, which the Member believes or
reasonably should believe was intended to influence the Member's vote or other action to be
taken in the Member's official capacity; or
(2) The solicitation or acceptance of any gift or other economic or personal benefit conferred
because of any vote or other action in the Member's official capacity already taken by the
Member; or
(3)
The acquisition or use for personal purposes of any property, services or funds of the City, unless
authorized by law; or
• (4) The use for personal gain of information pertaining to the City of South Bend, which is not a
matter of public record, at a time when it is treated as confidential by the officials of the City.
(g) When any Council Member is about to speak or deliver any matter to the Council, he or she shall
respectfully address himself or herself to the presiding officer, and upon being recognized,
confine himself or herself to the question in debate, and avoid personality, the presiding officer
shall not recognize any Council Member as in order, unless he or she is in his or her proper seat.
(h) When two (2) or more Members seek recognition at once, the presiding officer shall name the
Member entitled to speak.
(i) No member shall speak more than twice nor for more than five (5) minutes on the second
occasion, upon any one (1) question or issue in debate during the same meeting. A member shall
only be granted the right to speak a second time on the same question or issue after each
member has had an opportunity to speak on said issue or question.
(j) While the presiding officer is putting the question or addressing the Council, no Member shall
walk out of or across the Council Chamber or engage in private discourse.
(k) No Member shall impugn the motive of another.
• (I) Any member may change their vote before the announcement of the result by the presiding
officer.
(m) If any Member, in speaking or otherwise, shall transgress the rules of the Council, the presiding
officer shall, or any Member may, call that Member to order, in which case the Member shall
immediately cease the transgression unless permitted, on motion of another Member, to explain;
and the Council shall, if appealed to, decide the case without debate by a majority vote of the
Members present. If the decision is in favor of the Member called to order, that Member shall be
at liberty to proceed, but not otherwise, and if the case requires it, that Member shall be liable to
the censure of the Council.
(n) Should any Council Member, in the course of the Member's remarks, violate a second time any
rule of the Council, and again be called to order that Member shall not speak further upon the
pending question, except by permission of two-thirds (%) of the members present.
(o) Each Council Member shall observe the highest standards of dignity, propriety, courtesy, respect
and decorum when with other Council Members, officers and employees of the City, and all other
persons, and when carrying out any of the responsibilities, duties and services allowed or
mandated by the office of a Council Member.
ID(p) Unless excused in advance by the presiding officer, persons in the Council Chambers and in the
Council Informal Meeting Room shall turn all cell phones, and any other electronic devices to
silent mode when the Common Council is in session and when any Standing Committee meeting
is in progress. Council Members and citizen members of any Standing Committee may not send, view or
listen to any electronic message communications while a Council or citizen member is part of the quorum
for such meeting or while such meeting is in progress. Any electronic device which is used through City-
�ontrolled access and which is needed during the Common Council or any Standing Committee is permitted
for the purpose of accessing city information, city presentations, and to record minutes and notes.
(q) As used in this article, "electronic device" means a wireless and/or portable electronic handheld
piece of equipment that includes, but is not limited to, existing and emerging mobile
communication systems and smart technologies (cell phones, smart phones walkie-talkies,
pagers, etc.) portable internet devices (mobile managers, mobile messengers, BlackBerry T
handset, etc.) Personal Digital Assistants (PDAs), (Palm organizers, pocket PCs, etc.) and any other
convergent communication technologies that do any number of the previously mentioned
functions. "Electronic device" also includes any current or emerging wireless handheld
technologies or portable information technology systems that can be used for word processing,
wireless internet access and information transmitting/receiving, etc. Tape recorders, cameras,
and hearing aids 3 shall be excluded from the definition of "electronic devices" as used in this
article. Emergency communication devices used by sworn police officers and medical first
responders who are in attendance of a Common Council or Standing Committee meeting shall be
in excluded from the provisions of this article. 121
'ode 1916, § 5; Code 1962, § 2-9; Ord. No. 6114-77, § 1; Ord. No. 7929-88, § 1; Ord. No. 9504-04, § I; Ord.
No. 10080-11, § I, 4-11-11; Ord. No. 10877-22 , § I, 9-12-22)
Footnotes:
--- (2) ---
Hearing aids are defined by the National Institute of Deafness and Other Communication Disorders (NIDCD) as a "small
electronic device that you wear in or behind an ear which is designed to make some sounds louder so that a person with
hearing loss can listen, communicate and participate more fully in daily activities."
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Standard Operating Procedure # 02-2024-SBCC
Addressing
News or Press Releases Issued by South Bend Council Members
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) addresses news or press release policies and procedures of
the Common Council, so that professional and systematic standards are routinely followed by all Council
Members, their support staff, and the Office of the City Clerk.
Scope: This SOP governs any and all press or news media releases concerning official government business of
the City of South Bend which a Council Member wishes to issue.
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
Any proposed News Release may only use the City Seal and picture of the Council Member issuing such
release, if the subject matter pertains to official government business of the City of South Bend.
•he group picture of the Common Council may only be used on a News Release if the release is being issued on
behalf of the entire Council.
Each News Release must conspicuously list the date, the name of the Council Member(s), contact telephone
number(s), the TDD number 574-235-9221, and the subject matter being addressed.
Assistance in drafting a proposed News Release may be given by the Council Attorney and the Chief Deputy
City Clerk/ Chief of Staff upon reasonable notice being given by the requesting Council Member(s).
If a proposed News Release is also to be simultaneously issued in Spanish, as well as English, a reasonable
period of time must be given to the Legislative Research Intern to prepare such a translation.
Each proposed News Release must be consistent with all rules of decorum governing members of the South
Bend Common Council, and in particular the provisions of South Bend Municipal Code & 2-8 (k) which
provides in part that "no member shall impugn a motive of another", and South Bend Municipal Code 2-8 (o)
which provides in part that:
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"...each Council Member shall observe the highest standards of dignity, propriety, courtesy, respect and
decorum..." Any proposed News Release found to be in violation of this provision, or which contains
editorial comments not pertaining to proposed legislation will not be issued by the Office of the City
Clerk. In such circumstances, the Council Member submitting such a proposed News Release shall be
advised by the Office of the City Clerk so that he/she may take appropriate corrective actions to edit said
News Release, with notice also being given to the Council President of such action.
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Standard Operating Procedure # 02-2023-SBCC
addressing News or Press Releases Issued by South Bend Council Members
ge 2
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1. Drafts of News Releases will be checked for grammar and spelling, however the Council Member
planning to issue such a release is responsible for the facts being addressed.
2. The final version of each News Release which meets the standards set forth in this SOP must be initialed,
signed by the Council Member(s), or must have been officially authorized by the issuing Council
Member(s) to use his or her stamped signature stamp by the staff member assigned by the City Clerk
who is in charge of issuing such releases. Proposed News Releases found to be in compliance with the
SOP shall then be stamp -filed with the date and time by the individual assigned by the City Clerk to
receive and review such documents, and then publicly released and disseminated by the Office of the
City Clerk.
3. The Office of the City Clerk shall only transmit News Releases complying with this SOP to the news
media, the Common Council and support staff, affected City departments, the Mayor's Office, and those
who may have jurisdiction over the subject matter of the release. The Office of the City Clerk shall have
such release posted on the Common Council website within a reasonable period of time, with limited
paper copies placed in the Office of the City Clerk. The Office of the City Clerk may assist in preparing
the requested number of copies for a properly called News or Press Conference so long as there is
compliance with Standard Operating Procedure # 03-2016. The Office of the City Clerk shall maintain
a copy of all issued releases.
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Standard Operating Procedure # 03-2024-SBCC
Addressing
Use of Council Informal Meeting Room
Effective Date: January 1, 2024
Updated: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) establishes policies and procedures addressing the use of
the Council Informal Meeting Room, so that professional and systematic standards are routinely followed by all
Council Members, their support staff, and the Office of the City Clerk. This standard operating procedure (SOP)
shall also apply to all standing committees, boards, and commissions.
Scope: This SOP governs the process for reserving and using the Council Informal Meeting Room.
Responsibility: It is the responsibility of each Council Member, standing committee, board, and commission to
comply with this SOP.
Procedure and Governing Rules:
The Council Informal Meeting Room located on the 4th Floor of the County -City Building is used by many other
�
overnmental agencies and departments. So that there is proper scheduling of the use of that room, the following
ocedure and rules must be adhered to:
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1. Any Council Member or officer of a board or commission may request to reserve the Council Informal
Meeting Room for a specific date and time; with the approximate duration of time that the room will be
needed.
2. If the request to reserve the Council Informal Meeting Room is for an official meeting of a standing
committee, board, or commission, then the Office of the City Clerk must be provided with the topic of
discussion for the meeting and agenda, if applicable. The Office of the City Clerk will post notice of the
meeting in compliance with Indiana's Open Door Law and Public Records Act.
3. Notification of an official meeting of a standing committee, board or commission may be completed by
contact the Chief Deputy City Clerk with the Office of the City Clerk.
4. Such request must be made to the staff person assigned by the City Clerk who oversees the scheduling of
the use of the Council Informal Meeting Room.
5. Requests shall be handled on a first -come first -served basis, unless another governmental entity or
department has prior confirmation for the usage of such room on a regular basis.
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Standard Operating Procedure # 03-2024-SBCC
akddressing Use of Council Informal Meeting Room
ge 2
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6. When confidentiality is needed for Council Members, the Council Informal Meeting Room may be used
by such individuals on an as needed basis with limited notice being required in such instances.
7. If there is a need to use any technology equipment, a request must be made at time of initial notification
to the Office of the City Clerk. The Council Chambers is equipped with recording equipment that may be
used for official meetings.
8. In no instance may the room exceed the Fire Marshal's maximum occupancy of thirty-five (35) persons.
9. The room shall be used for official Council government business only.
10. It is the responsibility of the Council Member(s) reserving the room to return the room free of any papers
or other objects which were not in the room initially, and with all furniture returned to their original
locations.
11. If the request for use of the Council Informal Meeting Room is for a news or press conference, the Office
of the City Clerk shall be advised, so that the appropriate number of copies of News or Press Releases
which comply with SOP # 02-2024-SBCC, may be available for the requesting Council Member(s) prior
to the conference.
12. All News or Press Conferences must be conducted in a manner which is consistent with all rules of
decorum governing members of the South Bend Common Council, and in particular the provisions of the
South Bend Municipal Code § 2-8 (k) which provides in part that "no member shall impugn a motive of
another", and South Bend Municipal Code § 2-8 (o) which provides in part that "each Council Member
shall observe the highest standards of dignity, propriety, courtesy, respect and decorum..."
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Standard Operating Procedure # 04-2023-SBCC
Addressing
Off -Site Council Member News or Press Conferences & Working with Media
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) establishes policies and procedures addressing off -site
Council Member News or Press Conferences, so that professional and systematic standards are routinely followed
by all Council Members, their support staff, and the Office of the City Clerk.
Scope: This SOP governs the process to be followed in the event that a Council Member desires to hold a news
or press conference which would not be either in the Council Member's Council Office or in the Council Informal
Meeting Room on the 4th Floor of the County -City Building.
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
Providing information to the news media when a Council Member initiates or is working on a key project or is
planning to introduce proposed legislation which is of significant interest to the public, may be appropriate from
time to time. Calling a news conference where the press is invited to hear a Council Member speak and address
1 estions at a location in the City, is usually reserved to significant news -worthy topics. This may be at times be
e most efficient and effective means to deliver information to the public. In light of the background preparation
which includes but is not limited to proper scheduling, notice of the proposed news conference by the Office of
the City Clerk, handout preparation, and post -news conference posting of releases on the Council's website, the
following procedure and rules must be adhered to:
1. Advanced reasonable notice of twenty- four to forty-eight (24-48) hours to the Office of the City Clerk
must be given by the Council Member(s) of the specific date, time, and location of where the proposed
off -site news conference is to be held.
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2. Such a request must be made to the Chief Deputy City Clerk/Chief of Staff assigned by the City Clerk
who oversees the scheduling of the use of the Council Informal Meeting Room.
3. Assistance from the Office of the City Clerk and Council Support Staff shall be used only for official
Council government business, and reasonable time for such assistance must be given.
4. If handouts are anticipated to be used, the Office of the City Clerk shall be advised, so that the
appropriate number of copies of News or Press Releases which comply with SOP # 02-2023-SBCC,
may be available for the requesting Council Member(s) prior to the conference.
5. If links from the news or press conference are anticipated to be made to the Common Council's
Facebook page, the Council Member must comply with Policy #02-2024.
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Standard Operating Procedure # 04-2024-SBCC
dressing Off -Site Council Member News or Press Conferences and Working with the Media
Ike 2
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6. All News or Press Conferences must be conducted in a manner which is consistent with all rules of
decorum governing members of the South Bend Common Council, and in particular the provisions of
South Bend Municipal Code § 2-8 (k) which provides in part that "no member shall impugn a motive
of another", and South Bend Municipal Code § 2-8 (o) which provides in part that "each Council
Member shall observe the highest standards of dignity, propriety, courtesy, respect and decorum..."
7. Some points to keep in mind when conducting a News or Press Conference include:
• Think about the subject matter and identify key messages
• Speak clearly and pause when asked a question so that your response is factual
• Politely correct a reporter if he or she makes an incorrect statement. You may ask the reporter
to repeat or summarize an item to make sure that they understand it correctly.
• Only discuss items which you have firsthand knowledge about and never exaggerate, guess, or
discuss confidential information.
• Always be prepared to provide further background information if requested.
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Standard Operating Procedure # 05-2024-SBCC
Addressing
Standing Committee Meetings
Effective Date: January 1, 2024
Updated: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) establishes policies and procedures addressing when the
"Standing Meeting Request Protocol" is to be used, so that professional and systematic standards are routinely
followed by all Council Members, their support staff, and the Office of the City Clerk.
Scope: This SOP governs when a Council Member who is a Chairperson of a Standing Committee is required to
use the Standing Meeting Request Protocol Form.
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
1. The Office of the City Clerk maintains and regularly updates a process entitled "Standing Meeting Request
which is a email notification to the Office of the City to request a standing Council Committee Meeting.
To request a Council standing Committee Meeting, an email to the City Clerk and Deputy City
Clerk/Director of Policy and with the requested information; name of committee, purpose/reason, date,
and presentation request.
2. This process was originally developed several years ago for the purposes of:
• Helping streamline the process for calling a Committee meeting;
• Assuring that there was proper notification to key people, who may be involved with the topic under
discussion, were given reasonable notice and preparation time of the proposed committee meeting;
• Enabling compliance with Indiana's Open Door Law and Public Records Act with regard to timely
notice to City officials, the public and media, proper posting of the meeting notice, collaboration with
off -site individuals in charge of a location for recording of the meeting by the Office of the City Clerk;
• Enabling compliance with the Americans With Disabilities Act (ADA) with regard to accessibility to
the meeting location.
3. The Standing Meeting Request Protocol is required to be completed by a Committee Chairperson when:
a) A proposed committee meeting is planned to be held on a date other than the 2nd or 4th Monday of the
month; or
b) A proposed committee meeting is requested to be held on a 2nd or 4th Monday but would have no
proposed resolutions or proposed ordinances on the committee agenda which are scheduled for public
hearing that evening at the 7 p.m. South Bend Common Council meeting.
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andard Operating Procedure # 05-2024-SBCC
dressing Standing Committee Meetings and Use of Protocol Form
Page 2
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4. Proposed committee meetings which fall into the category described in paragraph 3b above, must submit
their request to the Office of the City Clerk no later than noon on the Wednesday prior to the Monday
regular Common Council meeting.
5. Standing Committees which have Bills referred to them for review and recommendation for the Monday
Common Council meeting will always take precedence for scheduling over requests for meetings having
non -agenda items. If a reasonable time exists for a Standing Committee meeting which does not have a 7
p.m. Council agenda item, it may be scheduled as the last Committee meeting, immediately prior to the
Informal Meeting of the Council.
6. If time does not exist for the scheduling of a Standing Committee which meets the criteria of paragraph
3b above, the Office of the City Clerk shall notify the requesting Committee Chairperson and the Council
President. Notification that a request to schedule a Committee meeting cannot be granted shall be given
no later than the close of business on the Thursday following the Wednesday deadline when the request
was received.
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Standard Operating Procedure # 06-2024-SBCC
Addressing
Conflict of Interest Annual Review
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) establishes policies and procedures addressing an annual
conflict of interest review by each Council Member, so that professional and systematic standards are routinely
followed by all Council Members, their support staff, and the Office of the City Clerk.
Scope: This SOP governs the annual conflict of interest review required to be conducted by Council Member
and by each citizen member which a Standing Committee Chairperson may appoint to a standing committee.
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
Following the Organizational Meeting held on the first (1st) Monday of January of each year, the Council President
elected to serve in that capacity for the calendar year has the responsibility to appoint members of the Council to
each of the Council's eleven Standing Committees. Following those appointments, each Common Council
Member has the responsibility to:
1. To abide by the State of Indiana's Uniform Conflict of Interest Disclosure Statement policies and
procedures set forth in Indiana Code § 35-44.1-1-1, et seq., and South Bend Municipal Code § 1-10(p).
•
2. Determine whether he or she needs to complete a conflict -of -interest form and have it accepted by the
Common Council at a public meeting, and then have it filed with the appropriate offices.
3. Complete the Uniform Conflict of Interest Disclosure Form (Form #236) available from the Office of the
City Clerk and then return the completed form to the City Clerk for acceptance at the next regular Common
Council meeting under "Unfinished Business" and then have it filed with the Office of the City Clerk, the
Clerk of the Circuit Court, and the (St Joesph County Clerk) State Board of Accounts by uploading here:
4. Review this process with any and all citizen members who may be appointed to a Standing Committee by
the Council Member who chairs a committee during the orientation session.
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e
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7-1
CHAPTER
CONFLICT OF INTEREST
PUBLIC SERVANTS - STATUTORY CONFLICT OF INTEREST fIC 35-44.1-1-41
Conflict of Interest
A public servant who knowingly or intentionally; (1) has a pecuniary interest in; (2) or derives a
profit from, a contract or purchase connected with an action by the government entity served by the public
servant, commits conflict of interest, a Level 6 felony. [IC 35-44.1-1-4(b)]
Exception for Compensation and Expenses
A public servant is not prohibited from receiving compensation for services provided as a public
servant or for expenses incurred by the public servant as provided by law. [IC 35-44.1-1-4(c)]
Other Exceptions
IC 35-44.1-1-4 does not prohibit a public servant from having a pecuniary interest in or deriving a
profit from a contract or purchase connected with the governmental entity served under any of the
following conditions:
1. If the public servant is not a member or on the staff of the governing body empowered to
contract or purchase on behalf of the govemmental entity; the functions and duties the
public servant performs for the govemmental entity are unrelated to the contract or
purchase; and the public servant makes a disclosure as provided in IC 35-44.1-1-4(d).
[IC 35-44.1-14(c)(6)]
2. If the contract or purchase involves utility services from a utility whose rate structure is
regulated by the state or federal government. [IC 35-44.1-1-4(c)(3)]
Definition of Pecuniary Interest
A public servant has a pecuniary interest in a contract or purchase if the contract or purchase will
result or is intended to result in an ascertainable increase in the income or net worth of:
1. The public servant; or
2. A dependent of the public servant who:
a. is under the direct or indirect administrative control of the public servant; or
b. receives a contract or purchase order that is reviewed, approved, or directly or
indirectly administered by the public servant. [IC 35-44.1-1-4(a)(3)]
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Definition of Dependent
A dependent means any of the following:
1. The spouse of a public servant.
2. A child, stepchild, or adoptee of a public servant who is:
a. unemancipated, and
b. less than 18 years of age.
3. An individual more than one-half of whose support is provided during a year by the public
servant. [IC 35-44.1-1-4(a)]
Disclosure Requirements
A disclosure as required above must:
1. Be in writing.
2. Describe the contract or purchase to be made by the govemmental entity.
3. Describe the pecuniary interest that the public servant has in the contract or purchase.
4. Be affirmed under penalty of perjury.
5. Be submitted to the governmental entity and be accepted by the governmental entity in a
public meeting of the governmental entity before final action on the contract or purchase.
6. Be filed within fifteen days after final action on the contract or purchase with; (a) the state
board of accounts; and (b) the clerk of the circuit court in the county where the
governmental entity takes final action on the contract or purchase.
7. Contain, if the public servant is appointed, the written approval of the elected public
servant (if any) that appointed the public servant.
Defense
It is not an offense in a prosecution under this section that the public servant's interest in the
contract or purchase and all other contracts and purchases made by the governmental entity during the
twelve (12) months before the date of the contract or purchase was two hundred fifty dollars ($250) or
less. [IC 35-44.1-1-4(c)(2)]
Form
A suggested format for the disclosure of conflict of interest for board members and employees is
located at the end of this section. The attorney for the governmental entity or a private attorney should be
consulted in regard to whether a conflict of interest statement should be filed and whether the format of
the disclosure is sufficient.
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7-3
CONSULTANTS - STATUTORY CONFLICT OF INTEREST [IC 5-16-111
Conflict of Interest
Pursuant to IC 5-16-11-5.5, a consultant has a conflict of interest if any of the following apply:
1. The entity has given a gift or gifts:
a. to the consultant, the consultant's spouse, or the consultant's unemancipated
children;
b. that have a total fair market value of more than one hundred dollars ($100); and
c. within the preceding year.
2. The consultant, the consultant's spouse, or the consultants unemancipated children have
an equitable or a legal interest in real property the value of which:
a. either is at least $5,000 or comprises at least ten percent (10%) of the net worth of
the consultant, the consultants spouse, or the consultant's unemancipated children;
and
b. has been or would be increased or decreased if a contract were awarded to the
entity.
3. The consultant or the consultants spouse is employed by the entity.
4. The entity is the sole proprietorship or professional practice of the consultant or the
consultant's spouse.
5. The consultant or the consultants spouse is a partner in the entity.
6. The consultant or the consultants spouse is an officer or a director of the entity.
7. The consultant, the consultants spouse, or the consultant's unemancipated children own
stock or options to purchase stock in the entity and the stock or the options to purchase
stock have a fair market value of more than ten thousand dollars ($10,000). This
subdivision does not apply to the following:
a. Time deposits or demand deposits in a financial institution.
b. An insurance policy.
Definition of Consultant
"Consultant" means an individual who, under a contract with the state or a political subdivision,
does either of the following for the state or the political subdivision:
1. Evaluates bids for contracts.
2. Awards contracts.
The term does not include a public employee (as defined in IC 34-6-2-38).
An individual is not required to be a party to the contract with the state or the political subdivision
to be a consultant under this section. [IC 5-16-11-2]
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7-4
Definition of Entity
As used in this chapter, "entity" refers to a person that:
1. has submitted a bid to be evaluated by a consultant; or
2. was awarded a contract by a consultant. (IC 5-16-11-3.5)
Disclosure Requirements
A conflict of interest must be disclosed as follows:
1. A consultant shall file a conflict of interest disclosure if the consultant has a conflict of
interest under IC 5-16-11-5.5.
2. The disclosure must describe the conflict of interest.
3. The consultant shall file the disclosure within ten (10) days of the earlier of the following
events:
a. The closing day for receipt of bids.
b. The award of the contract.
4. The consultant shall file the disclosure required by IC 5-16-11-6 with the governing board,
if the consultant contracts with the political subdivision. [IC 5-16-11-7]
5. The consultant shall make the disclosure required by IC 5-16-11-6 under affirmation. [IC
5-1 6-1 1-6,7,8]
Penalties
A consultant who fails to file a disclosure required by this chapter commits a Class A infraction.
[IC 5-15-11-11]
A consultant who files a false disclosure under this chapter is subject to the penalties for perjury
under IC 35-44-2-1. [IC 5-16-11-12]
LUCRATIVE OFFICE
Article 2, Section 9 of the Constitution of Indiana, states in part: "... no person may hold more
than one lucrative office at the same time, except as expressly permitted in this Constitution." Any person
holding two offices which have been or may be deemed lucrative should obtain the written opinion of the
attorney for the unit or units served to determine compliance with Article 2, Section 9 of the Constitution of
Indiana.
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7-5
UNIFORM CONFLICT OF INTEREST DISCLOSURE STATEMENT
State Form 54286 (R / 6-12) / Form 236
STATE BOARD OF ACCOUNTS
Indiana Code 35-44.1-1-4
A public servant who knowingly or intentionally has a pecuniary interest in or derives a profit from
a contract or purchase connected with an action by the governmental entity served by the public servant
commits conflict of interest, a Class D Felony. A public servant has a pecuniary interest in a contract or
purchase if the contract or purchase will result or is intended to result in an ascertainable increase in the
income or net worth of the public servant or a dependent of the public servant. "Dependent" means any
of the following: the spouse of a public servant; a child, stepchild, or adoptee (as defined in IC 31-9-2-2)
of a public servant who is unemancipated and less than eighteen (18) years of age; and any individual
more than one-half (1/2) of whose support is provided during a year by the public servant.
The foregoing consists only of excerpts from IC 35-44.1-1-4. Care should be taken to review IC
35-44.1-1-4 in its entirety.
1. Name and Address of Public Servant Submitting Statement:
2. Title or Position With Governmental Entity:
3. a. Governmental Entity:
b. County:
4. This statement is submitted (check one):
a._ as a "single transaction" disclosure statement, as to my financial interest in a specific contract or
purchase connected with the governmental entity which I serve, proposed to be made by the
govemmental entity with or from a particular contractor or vendor; or
b._ as an "annual" disclosure statement, as to my financial interest connected with any contracts or
purchases of the governmental entity which I serve, which are made on an ongoing basis with or
from particular contractors or vendors.
5. Name(s) of Contractor(s) or Vendor(s):
6. Description(s) of Contract(s) or Purchase(s) (Describe the kind of contract involved, and the
effective date and term of the contract or purchase if reasonably determinable. Dates required if 4(a)
is selected above. If "dependent" is involved, provide dependent's name and relationship.):
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•
7. Description of My Financial Interest (Describe in what manner the public servant or "depen-
dent" expects to derive a profit or financial benefit from, or otherwise has a pecuniary interest in,
the above contract(s) or purchase(s); if reasonably determinable, state the approximate dollar
value of such profit or benefit.):
(Attach extra pages if additional space is needed.)
8. Approval of Appointing Officer or Body (To be completed if the public servant was appointed by
an elected public servant or the board of trustees of a state -supported college or university.):
I (We) being the of
(Title of Officer or Name of Goveming Body)
and having the power to appoint
(Name of Governmental Entity)
the above named public servant to the public position to which he or she holds, hereby approve the
participation to the appointed disclosing public servant in the above described contract(s) or
purchase(s) in which said public servant has a conflict of interest as defined in Indiana Code 35-
44.1-1-4; however, this approval does not waive any objection to any conflict prohibited by statute,
rule, or regulation and is not to be construed as a consent to any illegal act.
•
Elected Official Office
9. Effective Dates (Conflict of interest statements must be submitted to the governmental entity prior
to final action on the contract or purchase.):
Date Submitted (month. day, year)
Date of Action on Contract or Purchase (month, day, year)
10. Affirmation of Public Servant: This disclosure was submitted to the govemmental entity and
accepted by the governmental entity in a public meeting of the governmental entity prior to final
action on the contract or purchase. I affirm, under penalty of perjury, the truth and completeness of
the statements made above, and that I am the above named public servant.
Signed:
(Signature of Public Servant)
Date:
(month, day, year)
Within fifteen (15) days after final action on the contract or purchase, copies of this statement must be
filed with the State Board of Accounts, Indiana Government Center South, 302 West Washington Street,
Room E418, Indianapolis, Indiana, 46204 and the Clerk of the Circuit Court of the county where the
governmental entity took final action on the contract or purchase.
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Standard Operating Procedure # 07-2024-SBCC
Addressing
Annual Standing Committee Organizational Meetings and
Orientation Sessions With Persons Appointed As Committee Citizen Members
Effective Date: January 1, 2024
Updated: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) establishes policies and procedures addressing initial duties
of Standing Committee Chairpersons and Appointed Committee Citizen Members, so that professional and
systematic standards are routinely followed by all Council Members, their support staff, and the Office of the City
Clerk.
Scope: This SOP governs the activities a Standing Committee Chairperson is initially responsible for, after being
appointed to chair a Committee in January of each year. As well as, the duties and responsibilities of a Citizen
Member selected to serve on a Standing Committee.
Responsibility: It is the responsibility of each Council Member and citizen member to comply with this SOP.
•ocedure and Governing Rules:
The eleven (11) Standing Committees of the South Bend Common Council are responsible for carrying out due
diligence requirements on all matters referred to a committee for review and recommendation. In the interest of
having the most informed advisory recommendations being made by each of these committees, the Committee
Chairpersons have the responsibility to:
•
1. Schedule an organizational meeting of the Standing Committee no later than the 2nd Monday of February
of each year, to review the Committee's duties and responsibilities, to review and discuss the most recent
Committee Annual Report filed with the Office of the City Clerk, and to discuss and recommend goals
and objectives for the calendar year.
2. To review all applications filed with the Office of the City Clerk by citizens expressing a desire to be
appointed as a citizen member. This provision does not apply to the Council Rules Committee
Chairperson.
3. To select a qualified citizen member. That person would then be invited to the Office of the City Clerk to
be sworn in, followed by a mandatory one-time orientation session where the Office of the City Clerk
have the opportunity to share and discuss relevant information which would include but not be limited to
responsibilities and duties, attendance requirements, procedures, and compliance with the State of
Indiana's Uniform Conflict of Interest Disclosure Statement policies and procedures set forth in Indiana
Code § 35-44.1-1-1, et seq., and South Bend Municipal Code § 2-10(p). This provision does not apply to
the Council Rules Committee Chairperson.
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Standard Operating Procedure # 08-2024-SBCC
Addressing
Procedures Governing Travel by Council Members
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) re-establishes policies and procedures governing travel by
Council Members, so that professional and systematic standards are routinely followed by all Council Members,
their support staff, and the Office of the City Clerk.
Scope: This SOP governs all travel for governmental purposes such as mileage, airfare, hotel, meals, parking
fees and other related necessary expenses
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
his Standard Operating Procedure governing travel by South Bend Common Council Members is supplemental
the City of South Bend Travel Policy which has been in effect since January 1, 2020. This Standard Operating
rocedure confonns to the provisions codified in Section 2-2 of the South Bend Municipal Code which provides
in part that "...each Council Member may use up to one -ninth (1/9) of the monies budgeted for travel and
expenses". The referenced South Bend Municipal Code section pen -nits an allocation of some or all of a Council
Member's 1/9 of the budged monies to another Council Member.
SBCC Travel request must be properly completed communicated by email to the Council President, submitted
and approved for such allocation(s) to be considered. The Office of the City Clerk shall complete the necessary
steps with DFO System and maintain a current summary of the balances of each of the approved budgeted
amounts throughout the calendar year, as well as a breakdown of approved usage of such funds listing the dollar
amount expended by the naive of each Council Member to assure that the 1/9 allocation is documented and
available for review.
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•
Operating Procedure #09-2024-SBCC
Addressing
Use of City -Owned Technologies
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) re-establishes policies and procedures governing use of city -
owned technologies by Council Members, so that professional and systematic standards are routinely followed
by all Council Members, their support staff, and the Office of the City Clerk.
Scope: This SOP governs all city -owned technologies including but not limited to iPads, computers made
available at Council Member workstations or offices, and other city -owned technologies as they may become
available.
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
This Standard Operating Procedure reaffirms the provisions originally issued as interim policies and procedures
in Policy # 01-2024. This SOP summarizes the appropriate use of technology resources which are made available
to the Common Council and owned by the City of South Bend.
•
•
1. Technology resources are to primarily serve the governmental needs of the City of South Bend.
2. Such technology resources may be used for personal purposes on a limited basis, provided there is:
a. No marginal cost to the City of South Bend
b. No interference with city government responsibilities
c. No political activities
d. No access of sites which promote laws or actions which are contrary to the city, state, or federal
government
e. No accessing of inappropriate sites including but not limited to adult content, online gambling, dating
services, online shopping, or similar activities
f. No accessing of sites which promote illegal activities or copyright violations
g. No accessing of sites which distribute computer security exploits (hacking sites)
3. If any of the prohibited use items listed in ¶ 2 above are required for a legitimate city governmental reason,
the exception process set forth in ¶ 6 of this SOP must be followed.
4. No Expectation of Privacy: Nothing in this SOP confers an individual right or is to be construed to provide
an expectation of privacy. The provisions of the Indiana Open Door Law codified at Indiana Code § 5-
14-1.5 and Indiana's Access to Public Records Law codified at Indiana Code §. 5-14-3 govern.
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•ndard Operating Procedure # 09-2024-SBCC
Addressing Use of City -Owned Technologies
Page 2
•
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5. Additional Responsibilities: Each Council Member is expected to:
a. Monitor personal use of the internet, messaging, and other applications to ensure that the City of South
Bend is being appropriately served
b. Adhere to the provisions of the SOP at all times when city -owned technologies are being used
c. Read and abide by relevant policies and procedures developed by the Council's Information and
Technology Committee
6. Exception Process: Any exception to the policies and procedures set forth in this SOP must be requested
in advance and in writing to the Chairperson of the Council's Information and Technology Committee.
All exceptions must be documented in writing and retained in the Office of the City Clerk according to
the retention schedules and policies. The requested exception which may be granted shall be done on a
limited time basis only and shall be reviewed on a case -by -case basis.
7. South Bend Municipal Code: All governing provisions codified into Chapter 2 of the South Bend
Municipal Code addressing the Common Council shall be adhered to when using city -owned technologies.
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Standard Operating Procedure # 10-2024-SBCC
Addressing
Expenditure Request
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) addresses expenditure requests, so that professional and
systematic standards are routinely followed by all Council Members, their support staff, and the Office of the City
Clerk.
Scope: This SOP governs all requests for an expenditure, other than those related to travel which are addressed
in Standard Operating Procedure # 08-2023-SBCC.
Responsibility: It is the responsibility of each Council Member to comply with this SOP.
Procedure and Governing Rules:
The annual budget governing the South Bend Common Council may from time to time include very limited
monies for small miscellaneous expenditures. All such funds are governed by City of South Bend Policy
Operating and Budgeting Policy which has been in effect since January 1, 2020; as well as provisions of the
Indiana Code and regulations issued by the Department of Local Government Finance (DLGF).
•� the interest of maintaining an accurate internal control system which ensures that all proposed spending is
within approved budgetary expenditures, the following rules apply:
•
1. Supplies needed for day-to-day operations in carrying out the duties of a Council Member are maintained
in the Office of the City Clerk. Requests shall be made to that office on an add -needed and first -come
first -serve basis.
2. Any supplies not readily available, may be made to the Chief of Staff to handle such duties by the City
Clerk, for review and consideration by the Council President.
3. Any supplies which may not be available per paragraphs 1 and 2 above, or other miscellaneous
expenditures which a Council Member believes are needed in order to carry out his or her Council manic
duties may be considered on a case -by -case basis. In such limited instances, a requisition form as depicted
on the following page must be submitted to the Council President for review. No proposed expenditure
may be considered or approved without the Council President's approval after he or she has reviewed the
Council's budget balances maintained by a staff person assigned to carry out such duties by the City Clerk.
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III Standard Operating Procedure # 11-2024-SBCC
Addressing
Off -Site Meetings of a Standing Committee, Board or Commission
Effective Date: January 1, 2024
Purpose: This Standard Operating Procedure (SOP) establishes policies and procedures addressing off -site
meetings of standing committees so that professional and systematic standards are routinely followed by all
Council Members, their support staff, and the Office of the City Clerk. This standard operating procedure (SOP)
shall apply to all standing committees.
Scope: This SOP governs the procedures and responsibilities for holding an off -site standing committee meeting
at a location other than the Council Chambers.
Responsibility: It is the responsibility of each Council Member and standing committee, to comply with this
SOP.
Procedure and Governing Rules:
All Standing Committees of the South Bend Common Council are responsible for conducting meetings pursuant
IlIndiana's Open Door Law, Indiana Code § 5-14-1.5, "all meetings of the governing bodies of public agencies
itst be open at all times for the purpose of permitting members of the public to observe and record them." In
order to ensure compliance with state law, off -site meetings must adhere to the following rules and regulations:
1. The Office of the City Clerk must be notified one (1) week in advance of all official meetings of standing
committees. The notification must include a specific date, time, and location with the topic of discussion
for the meeting and an agenda. The Office of the City Clerk will provide assistance with proper notice and
posting at the off -site location.
2. The Office of the City Clerk maintains and regularly updates a process entitled "Standing Meeting Request
which is a email notification to the Office of the City to request a standing Council Committee Meeting.
To request a Council standing Committee Meeting, an email to the City Clerk and Deputy City
Clerk/Director of Policy and with the requested information; name of committee, purpose/reason, date,
and presentation request.
3. The designated Clerk's Staff is required to submit meeting minutes to the Office of the City Clerk, no later
than 24 hours (business days) after the meeting. The meeting minutes will and must include the following:
• A brief and formal record of the content of the meeting;
• The order of business items must be consistent with the agenda;
• A list of the members and presenters at the meeting;
• Any documents, presentations or handouts from the meeting;
• Name, address and topic of discussion of members of the public that spoke at the meeting;
• Any motions or actions taken including topics and results;
• Recommendations or advisory information that needs to be forwarded to the Council;
• Appeals or request for information that needs to be forwarded to the Council.
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Standard Operating Procedure # 11-2024-SBCC
Addressing Off -Site Meetings of a Standing Committee, Board or Commission
Page 2
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4. It is the preference of the Office of the City Clerk that all meetings of standing committees be recorded
for accurate record keeping. If needed, handheld recording devices are available for use in the Office of
the City Clerk. Request for additional assistance with IT for off -site meeting equipment should be made
when providing notification of a meeting.
5. The location must meet the standards and procedures to capture the minutes and proper record of the
meeting. Councilmembers must comply with the procedure and be prepared to request additional
assistance with IT and any equipment needed to comply with the recording needs of the meeting.
6. The meeting location must be in compliance with the Americans With Disabilities Act (ADA). Contact
the Office of the City Clerk for more information. Identify any ADA accommodations needed for the
meeting (audio, video, recorder, translator, etc.) to the Office of the City Clerk.
Complete list of all standing committees of the South Bend Common Council
STANDING COMMITTEES
REQUIREMENTS
Community Investment Committee
South Bend Municipal Code Section 2-10
Community Relations Committee
South Bend Municipal Code Section 2-10
Council Rules Committee
South Bend Municipal Code Section 2-10
Health and Public Safety Committee
South Bend Municipal Code Section 2-10
Information and Technology Committee
South Bend Municipal Code Section 2-10
PARC Committee
(Parks, Recreation, Cultural Arts & Entertainment)
South Bend Municipal Code Section 2-10
Personnel and Finance Committee
South Bend Municipal Code Section 2-10
Public Works and Property Vacation Committee
South Bend Municipal Code Section 2-10
Residential Neighborhoods Committee
South Bend Municipal Code Section 2-10
Utilities Committee
South Bend Municipal Code Section 2-10
Zoning and Annexation Committee
South Bend Municipal Code Section 2-10
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References/Links:
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1. Chapter 2 of the South Bend Municipal Code.
2. Duties of the City Clerk as Clerk of the Council South Bend Municipal Code § 2-7
3. South Bend Municipal Code 2-8 (k)
4. South Bend Municipal Code § 2-8 (o)
5. Conflict of Interest Disclosure Form (Form #236)
6. Indiana Code § 35-44.1-1-1, et seq
7. Conflict of Interest Disclosure Statement policies and procedures South Bend Municipal Code § 2-10(p)
8. Indiana Open Door Law codified at Indiana Code § 5-14-1.5
9. Indiana's Access to Public Records Law codified at Indiana Code § 5-14-3
Sec. 2-10. - Eleven standing committees of the Common Council; powers and duties.
(a) There shall be eleven (11) standing committees organized within the Common Council. Each
standing committee, except the Council Rules Committee, shall consist of not less than three (3)
Council Members. Council Members shall be appointed to each committee by the Council
President at the beginning of each calendar year.
(b) Each standing committee, except the Council Rules Committee, shall have not less than one (1)
citizen member and at no time shall the number of citizen members constitute more than one-
third (%) of the total membership of each standing committee.
(c) A person desiring to serve as a citizen member of any of the Council's standing committees,
except the Council Rules Committee, must have been a resident of the City of South Bend for not
less than one (1) year prior to being considered for appointment. City residency shall be a
continuing requirement for membership on all such standing committees. Citizen members shall
serve without compensation for one-year terms, with each appointment expiring by the first
meeting of the succeeding calendar year of such appointment.
(d) Citizen members shall be appointed by the Chairperson of each standing committee. In making
such appointments, the Chairperson shall assure that the citizen members are broadly
representative of the South Bend Community.
(e) The Chairperson, with the assistance of the City Clerk or his designee, shall be responsible for
filing Committee minutes with the Office of the City Clerk within two (2) weeks after each
committee meeting. Such minutes shall comply with the Open Door Law and shall include but not
be limited to:
(1) The date, time and place of the meeting;
(2) Persons in attendance:
(3) Summary of all items discussed including all references to proposed resolution and
ordinances referred to it for review and recommendation;
(4) A record of all votes taken; and the time of adjournment.
Any documents submitted to a Committee shall be filed with the original of the committee
minutes with the Office of the City Clerk. Any majority or minority reports filed with a Committee
shall also be attached to such Committee minutes. Upon the approval and signing of such
minutes by the Committee Chairperson, the Office of the City Clerk shall see that the minutes are
properly posted on the Common Council's website.
(f) The Office of the City Clerk shall send to each citizen member notices of all Committee meetings
to which they are appointed, along with copies of proposed resolutions or ordinances sent to
such Committee for review and recommendation no later than two (2) business days prior to the
Committee meeting.
(g) Any citizen member vacancy of a standing committee shall be filled for the unexpired term in the
same manner as the original appointment. A vacancy shall be deemed to exist upon the
occurrence of any one (1) of the following conditions:
(1) If a citizen member moves his or her permanent place of domicile out of the City of South
Bend, dies, resigns, or for any reason refuses to serve during the period for which he or she
was appointed; or
(2) If a citizen member fails to attend and participate in the meetings of the standing committee
as may be determined by the Committee Chairperson in consultation with the Council
President.
(h) All duly appointed citizen members shall have the right to make appropriate motions at
Committee meetings and participate in Committee discussions. All such citizen members shall
have the right to vote on all matters coming before the Committee to which he or she has been
appointed.
(i) There shall be eleven (11) standing committees of the South Bend Common Council. These
committees and their area of jurisdiction are as follows:
(1) Parks, Arts, Recreation and Culture (PARC) Committee: Overseeing the various activities of the
Century Center, Regional Museum of Art, College Football Hall of Fame, Morris Performing
Arts Center, Department of Parks and Recreation, Studebaker Museum and related activities.
(2) Community Investment Committee: Overseeing the various activities of the Community
Investment Department and programs directed by this Department.
(3) Community Relations Committee: Overseeing the various activities of the Office of
Community Affairs and the relationships and ongoing communications with other public and
private entities operating within the City of South Bend. The Chairperson of the Community
Relations Committee shall schedule not less than two (2) committee meetings each calendar
year inviting the superintendent, school trustees of the South Bend Community School
Corporation Board of Trustees, their committees or designated representatives and other
nonpublic school officials operating within the City of South Bend to discuss
school/community relations. The Chairperson may schedule any additional meetings in a
calendar year on school/community relations as he or she deems appropriate. The
Chairperson shall additionally schedule committee meetings with the Residential
Neighborhoods Committee to receive and discuss information from the Community/Campus
Advisory Coalition (CCAC) and all City agencies, offices and departments involved with public
safety regulations, as further addressed in Section 14-60 of the South Bend Municipal Code.
(4) Council Rules Committee: Overseeing rules and regulations governing the operation of the
South Bend Common Council, as well as all matters of public trust as more specifically set
forth in Section 2-10.1 of the Municipal Code and applicable State and Federal laws.
(5) Health and Public Safety Committee: Overseeing the various activities performed by the
Department of Code Enforcement, EMS, Fire Department, Police Department, ordinance
violations and related public health and safety issues.
(6) Information and Technology Committee: Overseeing the various activities of the City's
information technologies so that all computer systems, websites, and related technologies are
maintained and upgraded so as to remain competitive and up to date with current industry
standards.
(7) Personnel and Finance Committee: Overseeing the various activities performed by the
Department of Administration and Finance, salaries, budgets, fiscal matters and personnel
policies and procedures of the City.
(8) Public Works and Property Vacation Committee: Overseeing the various activities performed
by the Building Department, the Department of Public Works and related public works and
property vacation issues.
(9) Residential Neighborhoods Committee: Overseeing the various activities of the Neighborhood
Partnership Centers and issues related to neighborhood development and enhancement.
(10) Utilities Committee: Overseeing the various activities of all enterprise entities including, but
not limited to the Bureau of Waterworks, Bureau of Sewers and all related entities.
(11) Zoning and Annexation: Overseeing the various activities related to the Board of Zoning
Appeals, Area Plan Commission and the Historic Preservation Commission as well as all
related matters addressing annexation and zoning.
The general responsibilities of each standing committee shall include the right to review all legislative
proposals, reports and other pertinent information under its jurisdiction; and to monitor on a continuing
basis the department(s), bureau(s) and public officials under its jurisdiction. All committees shall deal
with any issues referred to it by the Council President or referred to it by a majority of the Common
Council. Each standing committee shall report periodically to the Common Council with an annual
committee report highlighting activities of the past year by the second Monday of December of each
year.
The Chairperson, with the assistance of the City Clerk, or his or her a authorized representative from
the Office of the City Clerk, shall be responsible for filing Committee minutes with the Office of the City
Clerk within two (2) weeks after each committee meeting. Such minutes shall comply with the Open Door
Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in
attendance; (3) summary of all items discussed including all references to proposed resolutions and
ordinances referred to in it for review and recommendation; (4) a record of all votes taken; and the time
of adjournment. Any documents submitted to a Committee shall be filed with the original of the
committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a
committee shall also be attached to such committee minutes.
The Council President shall appoint the Chairperson and Vice Chairperson of each standing committee
following his or her election as Council President. A majority of the total membership of a standing
committee shall constitute a quorum. The Council President shall have the right to vote on each standing
• committee only in the event of a tie.
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The Office of the City Clerk shall provide notice of all committee meetings, pursuant to applicable
State law. Such notice(s) shall also be sent to all citizen members on a committee calling a meeting, along
with all copies of documents sent to a standing committee for review and recommendation.
(j) The Council President may appoint special or ad hoc committees. Such committees shall be
considered advisory to the Common Council. Such committees shall file appropriate written
reports addressing the issue(s) for which they were created with the Council President. Following
the completion of their purpose, such special or ad hoc committee shall be dissolved by the
Council President unless a majority of the Common Council determines to continue the existence
of such committee for a long period of time.
(k) The governing rules of the Common Council as far as they are applicable shall be the rules of
each of the standing committees unless determined otherwise by the Committee Chairperson.
(I) It shall be the duty of the Chair Person of each Council Committee to report promptly to the
Common Council on all proposed resolutions, ordinances and other matters referred to it for
review and recommendation.
(m) Public hearings on proposed resolutions or ordinances coming before a standing committee shall
be conducted pursuant to the following procedures:
(1) Report by an entity having advisory review [Example: Area Plan, Board of Zoning Appeals,
Board of Public Works, Community Development, etc.];
(2) Presentation by the parties filing the proposed legislation with copies of all handouts being
presented to all Council Members and for the public record;
(3) Public portion: Those speaking in favor shall be followed by those speaking in opposition;
(4) Rebuttal by the petitioning parties; and
(5) Committee discussion and recommendation by proper motions.
(n) The standing committees are authorized to receive exhibits, hear witnesses, and use all
applicable powers to procure relevant information on issues referred for review and
recommendation. The Committee Chairperson shall report to the Common Council verbally on all
action taken on proposed resolutions and ordinances.
(o) In order to assure proper respect to the conduct of all standing committee hearings, the highest
standards of dignity, propriety, courtesy and decorum shall be upheld in order to assure the
proper fact finding mission through the hearing process. The Chairperson may establish special
rules governing such hearings as circumstances may require.
(p) All Council Members and all citizen members of a Council Standing Committee shall abide by the
State of Indiana's Uniform Conflict of Interest Disclosure Statement policies and procedures.
aik ode 1916, § 7; Code 1962, § 2-11; Ord. No. 5484-73, § 1; Ord. No. 5783-75, § 1; Ord. No. 6032-76, § 1; Ord.
o. 6114-77, § 1; Ord. No. 6139-77, § 1; Ord. No. 6237-77, § 3; Ord. No. 6814-80, § 2; Ord. No. 7248-83, § 1;
Ord. No. 7297-84, § 1; Ord. No. 7862-88, § 1; Ord. No. 7929-88, § 1; Ord. No. 8237-92, § 1; Ord. No. 8462-94,
§§ 3, 4; Ord. No. 9211-01, § II; Ord. No. 9488-04, § I; Ord. No. 9504-04, § V; Ord. No. 9830-08, § 1; Ord. No.
9964-09, § I, 9-28-09; Ord. No. 10080-11, § II, 4-11-11; Ord. No. 10195-12, § III, 10-22-12; Ord. No. 10214-13, §
I, 1-14-13)
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IC 5-14-1.5 Chapter 1.5. Public Meetings (Open Door Law)
5-14-1.5-1 Purpose
5-14-1.5-2 Definitions
5-141.5-2.1 "Public agency"; certain providers exempted
5-14-1.5-3 Open meetings; secret ballot votes; member participating by electronic means
of communication
5-14-1.5-3.1 Serial meetings
5-14-1.5-3.2 School corporation or charter school; oral public connix,rt
5-14-1.5-3.5 Electronic meetings of political subdivisions; statutory authorization required
5-14-1.5-3.6 Electronic communications by certain governing bodies
5-14-1.5-3.7 Electronic meetings during disaster emergency
5-141.5-4 Posting agenda; memoranda of meetings; public inspection of minutes
5-14-1.5-5 Public notice of meetings
5-14-1.5-6 Repealed
5-141.5-6.1 Executive sessions
5-14-1.5-6.5 Collective bargaining meetings; applicable requirements
5-14-1.5-7 Violations; remedies; limitations; costs and fees
5-141.5-7.5 Civil penalties imposed on public agency, officer, or management level
employee
5-141.5-8 Accessibility to individuals with disabilities
IC 5-14-1.5-1 Purpose
Sec. 1. In enacting this chapter, the general assembly finds and declares that this state and
its political subdivisions exist only to aid in the conduct of the business of the people of this
state. It is the intent of this chapter that the official action of public agencies be conducted
and taken openly, unless otherwise expressly provided by statute, in order that the people
may be fully informed. The purposes of this chapter are remedial, and its provisions are to
be liberally construed with the view of carrying out its policy.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.67-1987, SEC.1.
IC 5-14-1.5-2 Definitions
Sec. 2. For the purposes of this chapter:
(a) "Public agency", except as provided in section 2.1 of this chapter, means the
following:
(1) Any board, commission, department, agency, authority, or other entity, by whatever
name designated, exercising a portion of the executive, administrative, or legislative
power of the state.
(2) Any county, township, school corporation, city, town, political subdivision, or other
entity, by whatever name designated, exercising in a limited geographical area the
executive, administrative, or legislative power of the state or a delegated local
governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of local government finance or the
governing body of a county, city, town, township, or school corporation; or
(B) audit by the state board of accounts that is required by statute, rule, or regulation.
(4) Any building corporation of a political subdivision of the state of Indiana that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by statute, ordinance, or
executive order to advise the governing body of a public agency, except medical staffs
or the committees of any such staff.
(6) The Indiana gaming commission established by IC 4-33, including any department,
division, or office of the commission.
(7) The Indiana horse racing commission established by IC 4-31, including any
department, division, or office of the commission.
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(b) "Governing body" means two (2) or more individuals who are any of the following:
(1) A public agency that:
(A) is a board, a commission, an authority, a council, a committee, a body, or other
entity; and
(B) takes official action on public business.
(2) The board, commission, council, or other body of a public agency which takes
official action upon public business.
(3) Any committee appointed directly by the governing body or its presiding officer to
which authority to take official action upon public business has been delegated. An
agent or agents appointed by the governing body to conduct collective bargaining on
behalf of the governing body does not constitute a governing body for purposes of this
chapter.
(c) "Meeting" means a gathering of a majority of the governing body of a public agency
for the purpose of taking official action upon public business. It does not include any of the
following:
(1) Any social or chance gathering not intended to avoid this chapter.
(2) Any on -site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from the goveming body.
(3) Traveling to and attending meetings of organizations devoted to betterment of
government.
(4) A caucus.
(5) A gathering to discuss an industrial or a commercial prospect that does not include
a conclusion as to recommendations, policy, decisions, or final action on the terms of
a request or an offer of public financial resources.
(6) An orientation of members of the governing body on their role and responsibilities
as public officials, but not for any other official action.
(7) A gathering for the sole purpose of administering an oath of office to an individual.
(8) Collective bargaining discussions that the governing body of a school corporation
engages in directly with bargaining adversaries. This subdivision applies only to a
governing body that has not appointed an agent or agents to conduct collective
bargaining on behalf of the governing body as described in subsection (b)(3).
(d) "Official action" means to:
(1) receive information;
(2) deliberate;
(3) make recommendations;
(4) establish policy;
(5) make decisions; or
(6) take final action.
(e) "Public business" means any function upon which the public agency is empowered or
authorized to take official action.
(f) "Executive session" means a meeting from which the public is excluded, except the
governing body may admit those persons necessary to carry out its purpose. The governing
body may also admit an individual who has been elected to the governing body but has not
been sworn in as a member of the governing body.
(g) "Final action" means a vote by the governing body on any motion, proposal,
resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or coalition which is held
for purposes of planning political strategy and holding discussions designed to prepare the
members for taking official action.
(i) "Deliberate" means a discussion which may reasonably be expected to result in official
action (defined under subsection (d)(3), (d)(4), (d)(5), or (d)(6)).
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(j) "News media" means all newspapers qualified to receive legal advertisements under
IC 5-3-1, all news services (as defined in IC 34-6-2-87), and all licensed commercial or
public radio or television stations,
(k) "Person" means an individual, a corporation, a limited liability company, a
partnership, an unincorporated association, or a governmental entity.
(1) "State educational institution" has the meaning set forth in IC 21-7-13-32.
(m) "Charter school" has the meaning set forth in IC 20-24-1-4). The term includes a
virtual charter school (as defined in IC 20-24-1-10).
As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC. 1; P.L.33-1984,
SEC. I; P.L.67-1987, SEC2; P.L.8-1993, SEC.56; P.L.277-1993(ss), SEC.127; P.L.1-1994,
SEC.20, P.L.50-1995, SEC.14; P.L.1-1998, SEC.71; P.L.90-2002, SEC.16; P.L.35-2003,
SEC.1; P.L.179-2007, SEC.1; P.L.103-2013, SEC.1; P.L.197-2017, SEC.1; P.L.124-2022,
SEC.1.
IC 5-14-1.5-2.1 "Public agency"; certain providers exempted
Sec. 2.1. "Public agency", for purposes of this chapter, does not mean a provider of
goods, services, or other benefits that meets the following requirements:
(1) The provider receives public funds through an agreement with the state, a county,
or a municipality that meets the following requirements:
(A) The agreement provides for the payment of fees to the entity in exchange for
services, goods, or other benefits.
(B) The amount of fees received by the entity under the agreement is not based upon
or does not involve a consideration of the tax revenues or receipts of the state,
county, or municipality.
(C) The amount of the fees are negotiated by the entity and the state, county, or
municipality.
(D) The state, county, or municipality is billed for fees by the entity for the services,
goods, or other benefits actually provided by the entity.
(2) The provider is not required by statute, rule, or regulation to be audited by the state
board of accounts.
As added by P.L.179-2007, SEC.2.
IC 5-14-1.5-3 Open meetings; secret ballot votes; member participating by
electronic means of communication
Sec. 3. (a) Except as provided in section 6.1 of this chapter, all meetings of the governing
bodies of public agencies must be open at all times for the purpose of permitting members
of the public to observe and record them.
(b) A secret ballot vote may not be taken at a meeting.
(c) A meeting conducted in compliance with section 3.5 or 3.6 of this chapter or any other
statute that authorizes a governing body to conduct a meeting using an electronic means of
communication does not violate this section.
(d) This subsection applies only to the governing body of a school corporation or charter
school. The governing body:
(1) shall allow a member of the public who is physically present at the meeting
location, including a meeting conducted under section 3.5 of this chapter, to provide
oral public comment; and
(2) may allow a member of the public to provide oral public comment during a meeting
conducted under section 3.7 of this chapter.
A governing body may adopt reasonable rules to govern the taking of oral public comment
at a meeting. However, the taking of oral public comment on a topic must occur before the
governing body takes final action on the topic. The governing body may set a limit on the
total amount of time for receiving oral public comment on a topic.
(e) Nothing in this section prohibits a governing body from taking reasonable steps to
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maintain order in a meeting, including removal of any person who is willfully disruptive of
the meeting.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-1988, SEC.6; P.L.1-1991,
SEC.35; P.L.1 79-2007, SEC.3; P.L.134-2012, SEC. 10; P.L.116-2022, SEC. 1;P.L.124-2022,
SEC.2.
IC 5-14-1.5-3.1 Serial meetings
Sec. 3.1. (a) Except as provided in subsection (b), the governing body of a public agency
violates this chapter if members of the governing body participate in a series of at least two
(2) gatherings of members of the governing body and the series of gatherings meets all of the
following criteria:
(1) One (1) of the gatherings is attended by at least three (3) members but less than a
quorum of the members of the governing body and the other gatherings include at least
two (2) members of the governing body.
(2) The sum of the number of different members of the governing body attending any
of the gatherings at least equals a quorum of the governing body.
(3) All the gatherings concern the same subject matter and are held within a period of
not more than seven (7) consecutive days.
(4) The gatherings are held to take official action on public business.
For purposes of this subsection, a member of a governing body attends a gathering if the
member is present at the gathering in person or if the member participates in the gathering
by telephone or other electronic means, excluding electronic mail.
(b) This subsection applies only to the city -county council ofa consolidated city or county
having a consolidated city. The city -county council violates this chapter if its members
participate in a series of at least two (2) gatherings of members of the city -county council and
the series of gatherings meets all of the following criteria:
(1) One (1) of the gatherings is attended by at least five (5) members of the city -county
council and the other gatherings include at least three (3) members of the city -county
council.
(2) The sum of the number of different members of the city -county council attending
any of the gatherings at least equals a quorum of the city -county council.
(3) All the gatherings concern the same subject matter and are held within a period of
not more than seven (7) consecutive days.
(4) The gatherings are held to take official action on public business.
For purposes of this subsection, a member of the city -county council attends a gathering if
the member is present at the gathering in person or if the member participates in the gathering
by telephone or other electronic means, excluding electronic mail.
(c) A gathering under subsection (a) or (b) does not include:
(1) a social or chance gathering not intended by any member of the governing body to
avoid the requirements of this chapter;
(2) an onsite inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from the governing body;
(3) traveling to and attending meetings of organizations devoted to the betterment of
government;
(4) a caucus;
(5) a gathering to discuss an industrial or a commercial prospect that does not include
a conclusion as to reconunendations, policy, decisions, or final action on the terms of
a request or an offer of public financial resources;
(6) an orientation of members of the governing body on their role and responsibilities
as public officials, but not for any other official action;
(7) a gathering for the sole purpose of administering an oath of office to an individual;
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or
(8) a gathering between less than a quorum of the members of the governing body
intended solely for members to receive information and deliberate on whether a
member or members may be inclined to support a member's proposal or a particular
piece of legislation and at which no other official action will occur.
(d) A violation described in subsection (a) or (b) is subject to section 7 of this chapter.
As added by P.L.179-2007, SEC 4.
IC 5-14-1.5-3.2 School corporation or charter school; oral public comment
Sec. 3.2. (a) This section applies only to the governing body of a:
(1) school corporation; or
(2) charter school.
(b) The governing body shall allow oral public comment at a meeting as set forth in
section 3 of this chapter.
As added by P.L.124-2022, SEC.3.
IC 5-14-1.5-3.5 Electronic meetings of political subdivisions; statutory
authorization required
Sec. 3.5. (a) This section applies only to a governing body of a public agency of a
political subdivision, other than a governing body of an airport authority, a department of
aviation, or a conservancy district as set forth in section 3.6 of this chapter.
(b) Subject to subsection (i), a member of the governing body of a public agency who is
not physically present at a meeting of the governing body may participate in a meeting by any
electronic means of communication that does the following:
(1) Allows all participating members of the governing body to simultaneously
communicate with each other.
(2) Allows the public to simultaneously attend and observe the meeting. However, this
subdivision does not apply to a meeting held in executive session.
Subject to subsection (i), a governing body member who participates in the meeting by an
electronic means of communication shall be considered present for purposes of establishing
a quorum but may participate in any final action taken at the meeting only if the member can
be seen and heard.
(c) A technological failure in an electronic means of communication that disrupts or
prevents:
(1) the simultaneous communication between a member who is not physically present
at the meeting and the governing body; or
(2) a member of the public who is not present at the meeting from attending and
observing the meeting;
does not prevent the governing body from conducting the meeting or affect the validity of an
action taken by the governing body at the meeting if the sum of the governing body members
physically present at the meeting and the governing body members participating by electronic
communication without technological failure satisfy the quorum and (if a final action is
taken) the voting requirements of the governing body.
(d) The goveming body shall adopt a written policy establishing the procedures that apply
to a member's participation in a meeting by an electronic means of communication. The
governing body may establish procedures that are more restrictive than the procedures
established by this section. The policy adopted under this section may include:
(1) limiting the number of members who may participate by electronic communication
in any one (1) meeting;
(2) limiting the total number of meetings that the governing body may conduct in a
calendar year by electronic communication; and
(3) requiring a member, except in the case of a meeting called to deal with an
emergency under section 5(d) of this chapter, who plans to attend a meeting by any
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electronic means of communication to notify the presiding officer within a certain
period of time before the meeting, as specified by the governing body, so that
arrangements may be made for the member's participation by electronic
communication.
(e) The memoranda prepared under section 4 of this chapter for a meeting in which a
member participates by an electronic means of communication must:
(1) state the name of each member of the governing body who:
(A) was physically present at the place where the meeting was conducted;
(B) participated in the meeting by using any electronic means of communication; and
(C) was absent; and
(2) identify the electronic means of communication by which:
(A) members of the governing body participated in the meeting; and
(B) the public attended and observed the meeting, if the meeting was not held in
executive session.
(f) All votes taken during a meeting under this section must be taken by roll call vote.
(g) At least fifty percent (50%) of the members of the governing body must be physically
present at a meeting.
(h) A member of the governing body may not attend more than fifty percent (50%) of the
governing body's meetings in a calendar year by means of electronic communication, unless
the member's electronic participation is due to:
(1) military service;
(2) illness or other medical condition;
(3) death of a relative; or
(4) an emergency involving actual or threatened injury to persons or property.
(i) A member of a governing body may not participate in a meeting of the governing body
by electronic communication if the governing body is attempting to take final action to:
(1) adopt a budget;
(2) make a reduction in personnel;
(3) initiate a referendum;
(4) establish or increase a fee;
(5) establish or increase a penalty;
(6) use the governing body's eminent domain authority; or
(7) establish, raise, or renew a tax.
(j) A governing body may not prohibit a member of the governing body from attending
consecutive meetings by electronic communication. A member may attend two (2)
consecutive meetings (a set of meetings) by electronic communication. A member shall
physically attend at least one (1) meeting between sets of meetings that the member attends
by electronic communication, unless the member's absence is due to:
(1) military service;
(2) illness or other medical condition;
(3) death of a relative; or
(4) an emergency involving actual or threatened injury to persons or property.
As added by P.L.134-2012, SEC.11. Amended by P.L.154-2016, SEC.1; P.L.88-2021,
SEC.5; P.L.107-2021, SEC.1; P.L.137-2021, SEC.22.
IC 5-14-1.5-3.6 Electronic communications by certain governing bodies
Sec. 3.6. (a) This section applies only to a governing body of the following:
(1) A charter school.
(2) A public agency of the state, including a body corporate and politic established as
an instrumentality of the state.
(3) An airport authority or a department of aviation under IC 8-22.
(4) A conservancy district under IC 14-33.
(b) A member of a governing body who is not physically present at a meeting of the
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governing body may participate in a meeting of the governing body by electronic
communication only if the member uses a means of communication that permits:
(1) the member;
(2) all other members participating in the meeting;
(3) all members of the public physically present at the place where the meeting is
conducted; and
(4) if the meeting is conducted under a policy adopted under subsection (g)(7), all
members of the public physically present at a public location at which a member
participates by means of electronic communication;
to simultaneously communicate with each other during the meeting.
(c) The governing body must fulfill both of the following requirements for a member of
the governing body to participate in a meeting by electronic communication:
(1) This subdivision does not apply to committees appointed by a board of trustees of
a state educational institution, by the commission for higher education, by the board of
the Indiana economic development corporation, or by the board of directors of the
Indiana secondary market for education loans, as established, incorporated, and
designated under IC 21-16-5-1. This subdivision does not apply to a governing body
if at least fifty-one percent (51 %) of the governing body membership consists of
individuals with a disability (as described in IC 12-12-8-3.4) or individuals with a
significant disability (as described in IC 12-12-8-3.6), or both. The minimum number
of members who must be physically present at the place where the meeting is conducted
must be the greater of:
(A) two (2) of the members; or
(B) one-third (1/3) of the members.
(2) All votes of the governing body during the electronic meeting must be taken by roll
call vote.
Nothing in this section affects the public's right under this chapter to attend a meeting of the
governing body at the place where the meeting is conducted and the minimum number of
members is physically present as provided for in subdivision (1).
(d) Each member of the governing body is required to physically attend at least one (1)
meeting of the governing body annually. This subsection does not apply to a governing body
if at least fifty-one percent (51%) of the governing body membership consists of individuals
with a disability (as described in IC 12-12-8-3.4) or individuals with a significant disability
(as described in IC 12-12-8-3.6), or both.
(e) Unless a policy adopted by a governing body under subsection (g) provides otherwise,
a member who participates in a meeting by electronic communication:
(1) is considered to be present at the meeting;
(2) shall be counted for purposes of establishing a quorum; and
(3) may vote at the meeting.
(f) A governing body may not conduct meetings using a means of electronic
communication until the governing body:
(1) meets all requirements of this chapter; and
(2) by a favorable vote of a majority of the members of the goveming body, adopts a
policy under subsection (g) governing participation in meetings of the governing body
by electronic communication.
(g) A policy adopted by a governing body to govern participation in the governing body's
meetings by electronic communication may do any of the following:
(1) Require a member to request authorization to participate in a meeting of the
governing body by electronic communication within a certain number of days before
the meeting to allow for arrangements to be made for the member's participation by
electronic communication.
(2) Subject to subsection (e), limit the number of members who may participate in any
one (1) meeting by electronic communication.
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(3) Limit the total number of meetings that the goveming body may conduct in a
calendar year by electronic communication.
(4) Limit the number of meetings in a calendar year in which any one (1) member of
the governing body may participate by electronic communication.
(5) Provide that a member who participates in a meeting by electronic communication
may not cast the deciding vote on any official action. For purposes of this subdivision,
a member casts the deciding vote on an official action if, regardless of the order in
which the votes are cast:
(A) the member votes with the majority; and
(B) the official action is adopted or defeated by one (1) vote.
(6) Require a member participating in a meeting by electronic communication to
confirm in writing the votes cast by the member during the meeting within a certain
number of days after the date of the meeting.
(7) Provide that in addition to the location where a meeting is conducted, the public
may also attend some or all meetings of the governing body, excluding executive
sessions, at a public place or public places at which a member is physically present and
participates by electronic communication. If the goveming body's policy includes this
provision, a meeting notice must provide the following information:
(A) The identity of each member who will be physically present at a public place and
participate in the meeting by electronic communication.
(B) The address and telephone number of each public place where a member will be
physically present and participate by electronic communication.
(C) Unless the meeting is an executive session, a statement that a location described
in clause (B) will be open and accessible to the public.
(8) Require at least a quorum of members to be physically present at the location where
the meeting is conducted.
(9) Provide that a member participating by electronic communication may vote on
official action only if, subject to subsection (e), a specified number of members:
(A) are physically present at the location where the meeting is conducted; and
(B) concur in the official action.
(10) Establish any other procedures, limitations, or conditions that govern participation
in meetings of the governing body by electronic communication and are not in conflict
with this chapter.
(h) The policy adopted by the governing body must be posted on the Internet web site of
the governing body, the charter school, the airport, the conservancy district, or the public
agency.
(i) Nothing in this section affects a public agency's or charter school's right to exclude the
public from an executive session in which a member participates by electronic
communication.
As added by P.L.134-2012, SEC.12. Amended by P.L.62-2013, SEC.1; P.L.132-2013,
SEC.1; P.L.280-2013, SEC.4; P.L.30-2015, SEC.1; P.L.154-2016, SEC.2; P.L.237-2017,
SEC.13; P.L.88-2021, SEC.6, P.L.107-2021, SEC.2; P.L.137-2021, SEC.23; P.L.124-2022,
SEC.4.
IC 5-14-1.5-3.7 Electronic meetings during disaster emergency
Sec. 3.7. (a) As used in this section, "disaster emergency" means:
(1) a disaster emergency declared by the governor under IC 10-14-3-12; or
(2) a local disaster emergency declared by the executive (as defined in IC 36-1-2-5) of
a political subdivision under IC 10-14-3-29.
(b) Notwithstanding section 3.5 or 3.6 of this chapter, if a disaster emergency is in effect
for all or part of the area within the governing body's jurisdiction, the members of a
governing body are not required to be physically present at a meeting:
(1) if meeting in person would present an imminent risk to the health or safety of the
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members of the public and the governing body who attend the meeting because of the
particular danger, threat, or emergency conditions that are the basis for the declaration
of the disaster emergency; and
(2) if the members are of the governing body of a school corporation or charter school,
one (1) or more schools within the jurisdiction of the governing body of the school
corporation or the charter school are closed at the time of the meeting because of the
particular danger, threat, or emergency conditions that are the basis for the declaration
of the disaster emergency.
(c) The members of a governing body may meet by any means of electronic
communication, if the following are satisfied:
(1) At least a quorum of the members of the governing body participate in the meeting
by means of electronic communication or in person.
(2) The public is able to simultaneously attend and observe the meeting. However, this
subdivision does not apply to a meeting held in executive session.
(d) The memoranda for a meeting prepared under section 4 of this chapter for a meeting
held under this section must:
(1) state the name of each member of the governing body who:
(A) participated in the meeting by using any electronic means of communication; and
(B) was absent; and
(2) identify the electronic means of communication by which:
(A) members of the governing body participated in the meeting; and
(B) the public attended and observed the meeting, if the meeting was not held in
executive session.
(e) All votes taken during a meeting under this section must be taken by roll call vote.
As added byP.L.88-2021, SEC.7. Amended by P.L.116-2022, SEC.2; P.L.124-2022, SECS.
IC 5-14-1.5-4 Posting agenda; memoranda of meetings; public inspection of
minutes
Sec. 4. (a) A governing body of a public agency utilizing an agenda shall post a copy of
the agenda at the entrance to the location of the meeting prior to the meeting. A rule,
regulation, ordinance, or other final action adopted by reference to agenda number or item
alone is void.
(b) As the meeting progresses, the following memoranda shall be kept:
(1) The date, time, and place of the meeting.
(2) The members of the governing body recorded as either present or absent.
(3) The general substance of all matters proposed, discussed, or decided.
(4) A record of all votes taken by individual members if there is a roll call.
(5) Any additional information required under section 3.5 or 3.6 of this chapter or any
other statute that authorizes a governing body to conduct a meeting using an electronic
means of communication.
(c) The memoranda are to be available within a reasonable period of time after the
meeting for the purpose of informing the public of the governing body's proceedings. The
minutes, if any, are to be open for public inspection and copying.
As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.38-I988, SEC.7: P.L.76-1995,
SEC.1; P.L.2-2007, SEC.99; P.L.134-2012, SEC.13.
IC 5-14-1.5-5 Public notice of meetings
Sec. 5. (a) Public notice of the date, time, and place of any meetings, executive sessions,
or of any rescheduled or reconvened meeting, shall be given at least forty-eight (48) hours
(excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement
does not apply to reconvened meetings (not including executive sessions) where
announcement of the date, time, and place of the reconvened meeting is made at the original
meeting and recorded in the memoranda and minutes thereof, and there is no change in the
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agenda.
(b) Public notice shall be given by the governing body of a public agency as follows:
(1) The governing body of a public agency shall give public notice by posting a copy
of the notice at the principal office of the public agency holding the meeting or, if no
such office exists, at the building where the meeting is to be held.
(2) The governing body of a public agency shall give public notice by delivering notice
to all news media which deliver an annual written request for the notices not later than
December 31 for the next succeeding calendar year to the governing body of the public
agency. The governing body shall give notice by one (1) of the following methods,
which shall be determined by the governing body:
(A) Depositing the notice in the United States mail with postage prepaid.
(B) Transmitting the notice by electronic mail, if the public agency has the capacity
to transmit electronic mail.
(C) Transmitting the notice by facsimile (fax).
(3) This subdivision applies only to the governing body of a public agency of a political
subdivision described in section 2(a)(2), 2(a)(4), or 2(a)(5) of this chapter that adopts
a policy to provide notice under this subdivision. Notice under this subdivision is in
addition to providing notice under subdivisions (1) and (2). If the governing body
adopts a policy under this subdivision, the governing body of a public agency shall give
public notice by delivering notice to any person (other than news media) who delivers
to the governing body of the public agency an annual written request for the notices not
later than December 31 for the next succeeding calendar year. The governing body
shall give notice by one (1) of the following methods, which shall be determined by the
governing body:
(A) Transmitting the notice by electronic mail, if the public agency has the capacity
to send electronic mail.
(B) Publishing the notice on the public agency's Internet web site at least forty-eight
(48) hours in advance of the meeting, if the public agency has an Internet web site.
A court may not declare void any policy, decision, or final action under section 7 of this
chapter based on a failure to give a person notice under subdivision (3) if the public agency
made a good faith effort to comply with subdivision (3). If a governing body comes into
existence after December 31, it shall comply with this subsection upon receipt of a written
request for notice. In addition, a state agency (as defined in IC 4-13-1-1) shall provide
electronic access to the notice through the computer gateway administered by the office of
technology established by IC 4-13.1-2-1.
(c) Notice of regular meetings need be given only once each year, except that an
additional notice shall be given where the date, time, or place of a regular meeting or
meetings is changed. This subsection does not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving actual or threatened injury
to person or property, or actual or threatened disruption of the governmental activity under
the jurisdiction of the public agency by any event, then the time requirements of notice under
this section shall not apply, but:
(1) news media which have requested notice of meetings under subsection (b)(2) must
be given the same notice as is given to the members of the governing body; and
(2) the public must be notified by posting a copy of the notice according to subsection
(b)(1).
(e) This section shall not apply where notice by publication is required by statute,
ordinance, rule, or regulation.
(f) This section shall not apply to the following:
(1) The department of local government finance, the Indiana board of tax review, or
any other governing body which meets in continuous session, except that this section
applies to meetings of these governing bodies which are required by or held pursuant
to statute, ordinance, rule, or regulation.
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(2) The executive of a county or the legislative body of a town if the meetings are held
solely to carry out the administrative functions related to the county executive or town
legislative body's executive powers. "Administrative functions" means only routine
activities that are reasonably related to the everyday internal management of the county
or town, including conferring with, receiving information from, and making
recommendations to staff members and other county or town officials or employees.
"Administrative functions" does not include:
(A) taking final action on public business;
(B) the exercise of legislative powers; or
(C) awarding of or entering into contracts, or any other action creating an obligation
or otherwise binding the county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if a governing body of a
public agency convenes a meeting at a time so unreasonably departing from the time stated
in its public notice that the public is misled or substantially deprived of the opportunity to
attend, observe, and record the meeting.
As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.2; P.L.67-1987,
SEC.3; P.L.8-1989, SEC.22; P.L.3-1989, SEC.29; P.L.46-1990, SEC.1; P.L.251-1999,
SEC.4, P.L.90-2002, SEC.17; P.L.200-2003, SEC.1; P.L.177-2005, SEC.14; P.L.134-2012,
SEC.14; P.L.171-2018, SEC.1; P.L.10-2019, SEC.32.
IC 5-14-1.5-6 Repealed
As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.3, P.L.33-1984,
SEC.2, P.L.67-1987, SEC.4; P.L.20-1988, SEC.11; P.L.11-1990, SEC.110; P.L.46-1990,
SEC.4. Repealed by P.L.1-1991, SEC.36 and P.L.10-1991, SEC.10.
IC 5-14-1.5-6.1 Executive sessions
Sec. 6.1. (a) As used in this section, "public official" means a person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining.
(B) Initiation of litigation or litigation that is either pending or has been threatened
specifically in writing. As used in this clause, "litigation" includes any judicial action
or administrative law proceeding under federal or state law.
(C) The implementation of security systems.
(D) A real property transaction including:
(i) a purchase;
(ii) a lease as lessor;
(iii) a lease as lessee;
(iv) a transfer;
(v) an exchange; or
(vi) a sale;
by the governing body up to the time a contract or option is executed by the parties.
This clause does not affect a political subdivision's duty to comply with any other
statute that governs the conduct of the real property transaction, including IC 36-1-10
or IC 36-1-11.
(E) School consolidation.
However, all such strategy discussions must be necessary for competitive or bargaining
reasons and may not include competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and implementation of school safety and
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security measures, plans, and systems.
(4) Interviews and negotiations with industrial or commercial prospects or agents of
industrial or commercial prospects by:
(A) the Indiana economic development corporation;
(B) the office of tourism development (before July 1, 2020) or the Indiana
destination development corporation (after June 30, 2020);
(C) the Indiana finance authority;
(D) the ports of Indiana;
(E) an economic development commission;
(F) the Indiana state department of agriculture;
(G) the Indiana White River state park development commission;
(H) a local economic development organization that is a nonprofit corporation
established under state law whose primary purpose is the promotion of industrial or
business development in Indiana, the retention or expansion of Indiana businesses,
or the development of entrepreneurial activities in Indiana; or
(I) a governing body of a political subdivision.
However, this subdivision does not apply to any discussions regarding research that is
prohibited under IC 16-34.5-1-2 or under any other law.
(5) To receive information about and interview prospective employees.
(6) With respect to any individual over whom the governing body has jurisdiction:
(A) to receive information concerning the individual's alleged misconduct; and
(B) to discuss, before a determination, the individual's status as an employee, a
student, or an independent contractor who is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state or federal statute.
(8) To discuss before a placement decision an individual student's abilities, past
performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual employees. This subdivision
does not apply to a discussion of the salary, compensation, or benefits of employees
during a budget process.
(10) When considering the appointment of a public official, to do the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees from further
consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may release and shall make
available for inspection and copying in accordance with IC 5-14-3-3 identifying
information concerning prospective appointees not initially excluded from further
consideration. An initial exclusion ofprospective appointees from further consideration
may not reduce the number of prospective appointees to fewer than three (3) unless
there are fewer than three (3) prospective appointees. Interviews of prospective
appointees must be conducted at a meeting that is open to the public.
(11) To train school board members with an outside consultant about the performance
of the role of the members as public officials.
(12) To prepare or score examinations used in issuing licenses, certificates, permits, or
registrations under IC 25.
(13) To discuss information and intelligence intended to prevent, mitigate, or respond
to the threat of terrorism.
(14) To train members ofa board of aviation commissioners appointed under IC 8-22-2
or members of an airport authority board appointed under IC 8-22-3 with an outside
consultant about the performance of the role of the members as public officials. A
board may hold not more than one (1) executive session per calendar year under this
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subdivision.
(15) For discussion by the governing body of a state educational institution of:
(A) the assessment of; or
(B) negotiation with another entity concerning;
the establishment of a collaborative relationship or venture to advance the research,
engagement, or education mission of the state educational institution. However, this
subdivision does not apply to any discussions regarding research that is prohibited
under IC 16-34.5-1-2 or under any other law.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subject matter by specific reference
to the enumerated instance or instances for which executive sessions may be held under
subsection (b). The requirements stated in section 4 of this chapter for memoranda and
minutes being made available to the public is modified as to executive sessions in that the
memoranda and minutes must identify the subject matter considered by specific reference to
the enumerated instance or instances for which public notice was given. The governing body
shall certify by a statement in the memoranda and minutes of the governing body that no
subject matter was discussed in the executive session other than the subject matter specified
in the public notice.
(e) A governing body may not conduct an executive session during a meeting, except as
otherwise permitted by applicable statute. A meeting may not be recessed and reconvened
with the intent of circumventing this subsection.
As added byP.L.1-1991, SEC.37and P.L.10-1991, SEC.8. Amended byP.L.48-1991, SEC.1;
P.L.37-2000, SEC.1; P.L.200-2003, SEC.2; P.L.4-2005, SEC.28; P.L.229-2005, SEC.2;
P.L.235-2005, SEC.84; P.L.101-2006, SEC.3; P.L.179-2007, SEC.5; P.L.2-2008, SEC.20;
P.L.98-2008, SEC.3; P.L.120-2008, SEC.1; P.L.139-2011, SEC.1; P.L.24-2012, SEC.1;
P.L.103-2013, SEC.2; P.L.145-2016, SEC.2; P.L.197-2017, SEC.2; P.L.78-2019, SEC.2;
P.L.164-2019, SEC.1; P.L.197-2021, SEC.1.
IC 5-14-1.5-6.5 Collective bargaining meetings; applicable requirements
Sec. 6.5. (a) Whenever a governing body, or any person authorized to act for a governing
body, meets with an employee organization, or any person authorized to act for an employee
organization, for the purpose of collective bargaining or discussion, the following apply:
(1) Any party may inform the public of the status of collective bargaining or discussion
as it progresses by release of factual information and expression of opinion based upon
factual information.
(2) If a mediator is appointed, any report the mediator may file at the conclusion of
mediation is a public record open to public inspection.
(3) If a factfinder is appointed, any hearings the factfinder holds must be open at all
times for the purpose of permitting members of the public to observe and record them.
Any findings and recommendations the factfinder makes are public records open to
public inspection as provided by any applicable statute relating to factfinding in
connection with public collective bargaining.
(b) This section supplements and does not limit any other provision of this chapter.
As added by Acts 1979, P.L.39, SEC.4. Amended by P.L.67-1987, SEC.5; P.L.1-2005,
SEC.80; P.L.48-2011, SEC.1.
IC 5-14-1.5-7 Violations; remedies; limitations; costs and fees
Sec. 7. (a) An action may be filed by any person in any court of competent jurisdiction
to:
(1) obtain a declaratory judgment;
(2) enjoin continuing, threatened, or future violations of this chapter; or
(3) declare void any policy, decision, or final action:
(A) taken at an executive session in violation of section 3(a) of this chapter;
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(B) taken at any meeting of which notice is not given in accordance with section 5
of this chapter;
(C) that is based in whole or in part upon official action taken at any:
(i) executive session in violation of section 3(a) of this chapter;
(ii) meeting of which notice is not given in accordance with section 5 of this
chapter; or
(iii) series of gatherings in violation of section 3.1 of this chapter; or
(D) taken at a meeting held in a location in violation of section 8 of this chapter.
The plaintiff need not allege or prove special damage different from that suffered by the
public at large.
(b) Regardless of whether a formal complaint or an informal inquiry is pending before the
public access counselor, any action to declare any policy, decision, or final action of a
governing body void, or to enter an injunction which would invalidate any policy, decision,
or final action of a governing body, based on violation of this chapter occurring before the
action is commenced, shall be commenced:
(1) prior to the delivery of any warrants, notes, bonds, or obligations if the relief sought
would have the effect, if granted, of invalidating the notes, bonds, or obligations; or
(2) with respect to any other subject matter, within thirty (30) days of either:
(A) the date of the act or failure to act complained of; or
(B) the date that the plaintiff knew or should have known that the act or failure to act
complained of had occurred;
whichever is later. If the challenged policy, decision, or final action is recorded in the
memoranda or minutes of a governing body, a plaintiff is considered to have known that the
act or failure to act complained of had occurred not later than the date that the memoranda
or minutes are first available for public inspection.
(c) If a court finds that a governing body of a public agency has violated this chapter, it
may not find that the violation was cured by the governing body by only having taken final
action at a meeting that complies with this chapter.
(d) In determining whether to declare any policy, decision, or final action void, a court
shall consider the following factors among other relevant factors:
(1) The extent to which the violation:
(A) affected the substance of the policy, decision, or final action;
(B) denied or impaired access to any meetings that the public had a right to observe
and record; and
(C) prevented or impaired public knowledge or understanding of the public's
business.
(2) Whether voiding of the policy, decision, or final action is a necessary prerequisite
to a substantial reconsideration of the subject matter.
(3) Whether the public interest will be served by voiding the policy, decision, or final
action by determining which of the following factors outweighs the other:
(A) The remedial benefits gained by effectuating the public policy of the state
declared in section 1 of this chapter.
(B) The prejudice likely to accrue to the public if the policy, decision, or final action
is voided, including the extent to which persons have relied upon the validity of the
challenged action and the effect declaring the challenged action void would have on
them.
(4) Whether the defendant acted in compliance with an informal inquiry response or
advisory opinion issued by the public access counselor concerning the violation.
(e) If a court declares a policy, decision, or final action of a governing body of a public
agency void, the court may enjoin the governing body from subsequently acting upon the
subject matter of the voided act until it has been given substantial reconsideration at a
meeting or meetings that comply with this chapter.
(f) In any action filed under this section, a court shall award reasonable attorney's fees,
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court costs, and other reasonable expenses of litigation to the prevailing party if:
(1) the plaintiff prevails; or
(2) the defendant prevails and the court finds that the action is frivolous and vexatious.
The plaintiff is not eligible for the awarding of attomey's fees, court costs, and other
reasonable expenses if the plaintiff filed the action without first seeking and receiving an
informal inquiry response or advisory opinion from the public access counselor, unless the
plaintiff can show the filing of the action was necessary to prevent a violation of this chapter.
(g) A court may assess a civil penalty under section 7.5 of this chapter only if the plaintiff
obtained an advisory opinion from the public access counselor before filing an action under
this section as set forth in section 7.5 of this chapter.
(h) A court shall expedite the hearing of an action filed under this section.
As added by Acts 1977, P.L.57, SEC.1. Amended by Acts 1979, P.L.39, SEC.5, P.L.67-1987,
SEC.6, P.L.38-1992, SEC.1; P.L.70-1999, SEC.1 andP.L.191-1999, SEC.1; P.L.179-2007,
SEC.6; P.L.134-2012, SEC.1 5.
IC 5-14-1.5-7.5 Civil penalties imposed on public agency, officer, or
management level employee
Sec. 7.5. (a) This section applies only to an individual who is:
(1) an officer of a public agency; or
(2) employed in a management level position with a public agency.
(b) If an individual with the specific intent to violate the law fails to perform a duty
imposed on the individual under this chapter by:
(1) failing to give proper notice of a regular meeting, special meeting, or executive
session;
(2) taking final action outside a regular meeting or special meeting;
(3) participating in a secret ballot during a meeting;
(4) discussing in an executive session subjects not eligible for discussion in an
executive session;
(5) failing to prepare a memorandum of a meeting as required by section 4 of this
chapter; or
(6) participating in at least one (1) gathering of a series of gatherings under section 3.1
of this chapter;
the individual and the public agency are subject to a civil penalty under subsection (f).
(c) A civil penalty may only be imposed as part of an action filed under section 7 of this
chapter. A court may not impose a civil penalty under this section unless the public access
counselor has issued an advisory opinion:
(1) to the complainant and the public agency;
(2) that finds that the individual or public agency violated this chapter; and
(3) before the action under section 7 of this chapter is filed.
Nothing in this section prevents both the complainant and the public agency from requesting
an advisory opinion from the public access counselor.
(d) It is a defense to the imposition of a civil penalty under this section that the individual
failed to perform a duty under subsection (b) in reliance on either of the following:
(1) An opinion of the public agency's legal counsel.
(2) An opinion of the attorney general.
(e) Except as provided in subsection (i), in an action filed under section 7 of this chapter,
a court may impose a civil penalty against one (1) or more of the following:
(1) The individual named as a defendant in the action.
(2) The public agency named as a defendant in the action.
(f) The court may impose against each defendant listed in subsection (c) the following
civil penalties:
(1) Not more than one hundred dollars ($100) for the first violation.
(2) Not more than five hundred dollars ($500) for each additional violation.
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A civil penalty imposed under this section is in addition to any other civil or criminal penalty
imposed. However, in any one (1) action brought under section 7 of this chapter, a court may
impose only one (1) civil penalty against an individual, even if the court finds that the
individual committed multiple violations. This subsection does not preclude a court from
imposing another civil penalty against an individual in a separate action, but an individual
may not be assessed more than one (1) civil penalty in any one (1) action brought under this
section.
(g) A court shall distribute monthly to the auditor of state any penalties collected under
this section for deposit in the education fund established by IC 5-14-4-14.
(h) An individual is personally liable for a civil penalty imposed on the individual under
this section. A civil penalty imposed against a public agency under this section shall be paid
from the public agency's budget.
(i) If an officer of a public agency directs an individual who is employed in a management
level position to fail to give proper notice as described in subsection (b)(1), the management
level employee is not subject to civil penalties under subsection (f).
As added by P.L.134-2012, SEC.16.
IC 5-14-1.5-8 Accessibility to individuals with disabilities
Sec. 8. (a) This section applies only to the following public agencies:
(1) A public agency described in section 2(a)(1) of this chapter.
(2) A public agency:
(A) described in section 2(a)(5) of this chapter; and
(B) created to advise the governing body of a public agency described in section
2(a)(1) of this chapter.
(b) As used in this section, "accessible" means the design, construction, or alteration of
facilities in conformance with the Uniform Federal Accessibility Standards (41 C.F.R.
101-19.6, App. A (1991)) or with the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities (56 Fed. Reg. 35605 (1991)).
(c) As used in this section, "individual with a disability" means an individual who has a
temporary or permanent physical disability.
(d) A public agency may not hold a meeting at a location that is not accessible to an
individual with a disability.
As added by P.L.38-1992, SEC.2.
Indiana Code 2022
•
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To discuss records classified as confidential by state
or federal statute
To discuss the alleged misconduct of an employee
To receive information and interview prospective
employees
To discuss strategy with respect to pending litigation
or litigation threatened in writing
To discuss information and intelligence intended to
prevent, mitigate or response to threat of terrorism
IMPROPER EXECUTIVE SEssIoN NOTICE
•
Notice of Executive Session
Xavier Town Council Executive Session
Wednesday, November 16, 2011
5:00 p.m.
City Hall, Room 104
123 Main Street Xavier, Indiana
kPersonnel and Litigation to be discussed
l
EXECUTIVE SESSION PUBLIC NOTICE
1,7
Notice of Executive Session
Xavier Town Council Executive Session
Wednesday, November 16, 2011
5:00 p.m.
City Hall, Room 104
123 Main Street Xavier, Indiana
The Council will meet to discuss a job
performance of an individual employee
as authorized under
I.C. 5-14-1.5-6.1 (b)(9)
TINGS.
No right to speak under ODL unless some other
statute requires it (i.e. public hearings)
IIMinutes/Memoranda (Draft copies)
Electronic Meetings of State Agencies
• • •
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• Indiana Code § 5-14-3-1 through 5-14-3-10
• Enacted in 1983 ("APRA")
A fundamental philosophy of the American constitutional form of representative
government is that government is the servant of the people and not their master.
Accordingly, it is the public policy of the state that all persons are entitled to full and
complete information regarding the affairs of government and the official acts of
those who represent them as public officials and employees.
11
Providing persons with the information is an essential function of a representative
government and an integral part of the routine duties of public officials and
employees, whose duty it is to provide the information.
This chapter shall be liberally construed to implement this policy and place the
burden of proof for the nondisclosure of a public record on the public agency that
would deny access to the record and not on the person seeking to inspect and copy
the record."
• •
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"Public record" means any writing, paper, report, study,
map, photograph, book, card, tape recording, or other
material that is created, received, retained,
� maintained, or filed by or with a public agency and
which is generated on paper, paper substitutes,
photographic media, chemically based media,
magnetic or machine readable media, electronically
stored data, or any other material, regardless of form
or characteristics.
Indiana Code § 5-14-3-2(n)
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Time frames for responding to
IC 5-14
-3-9:
which th
APRA Requests depends on the manner in
e public agency receives the request.
• If requestor is physically present in the office of the agency, makes
the request by telephone, or requests enhanced access to a
document, the agency has twenty-four (24) hours to respond
(enhanced access=on disk or through remote computer).
• If the request is made by mail or by facsimile the public agency
has 7 days from the date the public agency received the request to
respond.
• Important: Production of documents is not required in these time
frames, but within a reasonable time.
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All records must be provided within a "reasonable
period of time" after the request is received
Factors considered:
How broad is the request
Where are the records located
How much redaction is necessary
Busy time at the agency
Common sense factors
What I like to see:
Communication —Status Updates
Piecemeal disclosures
1 1 1 tre'
THREE CATEGORIES OF
PUBLIC RECORDS
1
t •
IC §5-14-3-9 provides procedure for denying a request under the
APRA:
If a request is made orally, the agency may deny the request orally.
If request is made in writing, the agency may deny the request if the denial is
in writing, the denial includes the specific exemption authorizing the
withholding of all or part of the record, and the name and title/position of
the person responsible for the denial.
Before the trial court, the burden is on the agency to demonstrate that the
denial complied with the APRA. The agency may not simply rely on a
conclusory statement or affidavit.
Court may review the records in -camera; the court shall review the records if
redaction of the record has occurred.
Lit04
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Those confidential by state statute or federal law (i.e. IC 4-6-9-4)
Social Security Numbers contained in public records
Patient medical records unless the patient gives written consent
Trade secret information
FOR
SA
Certain foreclosure information
yip
Grade transcripts/license exam scores in licensure process
DISCRETION
Investigatory records of law enforcement agencies
The work product of an attorney representing, pursuant to
state employment or an appointment by a public
agency, a public agency, the state or an individual.
Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a
private contractor under a contract with a public agency,
that are expressions of opinion or are of a speculative
nature, and that are communicated for the purpose of
decision making.
Personnel files of public employees and files of applicants
for public employment, however, certain information
must be provided upon request including compensation,
business telephone number, dates of first and last
employment, etc..
fr-or !r°
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Electronic Mail
A public record is any record, including electronic media, that
is created received, retained, maintained, or filed by or with a
public agency.
Electronic mail must be available for inspection and copying
by the governing body unless an exception to disclosure,
based on the content of the email, applies.
Electronic mail must be maintained in accordance with
records retention schedules, pursuant to I.C. 5-15.
Most agencies have their own retention schedules.
•
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•
A public agency has to answer my questions under APRA.
A public agency has to keep public records forever so it is
• not appropriate to respond that the record no longer
Ir exists.
A public agency must handle public records requests
before handling other matters of the public agency.
A public agency must keep public records in a
format that is most convenient for me.
PUBLIC
RECORDS
• • -
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Offering to allow inspection is always sufficient.
All disclosable records requested must be produced
within 7 days of receiving the request. See 11-FC-74
Denials do not have to be explained with specificity.
Any document containing confidential information may
be omitted from public records response. See 10-FC-7
•
•
Complaint to Public Access Counselor
Bad press and damage to public perception
Court action seeking order to produce records
• and potentially order to pay attorneys fees
Fines for knowing and intentional withholding of
public records or violation of the ODL
Contact Information:
Indiana Public Access Counselor
402 W. Washington St, W470
Indianapolis, IN 46204
317.234.0906
pac@icpr.in.gov
Public Access Handbook:
http://www.in.gov/pac/files/pac_handbook.pdf
Public Access Counselor Website:
http://www.in.gov/pac/