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Home My WebLink About06-07-33 Council Special Meeting Minutes- - MINUTES. Be it Remembered that the Common Council of the City of South Bend, Indiana met in Spec Session in the Council Chambers in the City Hall, Vand Wednesday evening June 7th, 1933 at the hour of # 7 :30 o'clock P.' M-., All Members present.' President Nelson presided. - STATE OF INDIANA• CALL FOR SPECIAL MEETING ST. JOSEPH COUNTY SS: OF THE COMMON COUNCIL CITY OF SOUTH BEND Totthe Members of_the Common Council of the City of South Bend, Indiana: You are hereby notified that under and by virtue of the authority by law vested in us as Councilmen of the City of South Bend, of the State of Indiana, a Special Meeting of the Oommo Council of said City is hereby called for 7y00 o'clock P.'M.,-on Wednesday, June 7th, 1933, ox soon thereafter as convenient for the purpose of Receiving a Report of the Committee of the Whole and for third reading and action of am ordinance, which ordinance title is as follows: AN ORDINANCE FIXING THE SALARIES OF CERTAIN CITY OFFICIALS AND EMPLOYEES OF THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. Dated this 7th day of June, 1933' J.' C• Hiss John 0. Nelson Andrew M. Rokop Geo. W. Goetz Stephen 0. Grzeskowiak Members of the Commdin Council of the City of South Bend, Ind.' COUNTERSIGNED: (OFFICIAL SEAL ) Gladys M.' Monroe CITY CLERK This writ came to hand this 7th day of June, 1933, and I served by reading the same to each Councilman upon the date designated, as follows: Irvin W.'Oripe on June 7th, 1933, and by leaving a certified copy thereof at the last and usual place of residence of such members as I was unable to find, as follows: George Hull on -HJune 7th, 1933• George Goetz on.June 7th, " John Nelson n 7th, Andrew Rokop 9 a 7th, Earl S. Gustin 7th2 " Glen Oakley a p 7th, « Grover Whiteman n n 7th, J. Altfeld a 7th, n S. C rzeskowiak „ 7th, J` aworski a 7th, John_ -0:' Hiss N " 7th, " Dated this 7th day of June, 1933' E.' Re Butz Member of South Bend Police Force.' The Report of the Call for Special Meeting was accepted by the Council. REPORT OF COMMITTEE OF THE WHOLE. To the Common Council of the City of South Bend: Your.COmmittee of the Whole to whom was referred An Ordinance fixing the Salaries of certain City officials and employees of the Municipal City of. South Bend, Indiana, and Repeali all Ordinances and parts of Ordinances-in conflict therewith" Respectfully reportnthat they have examined the matter, and that in their opinion the said Ordinance should be reported Favorable* Jnoo C. Hiss., Ohairman. The report was accepted by the Oouncil. ORDINANCE NO. 30220 An Ordinance Fixing the Salaries of certain City Officials, and employees of the Municipal City of South Bend, Indiana, and Repealing all Ordinances and parts of Ordinances in conflict therewith:' The Ordinance was given its third reading by title, and was placed upon t its passage and Passed by the following vote: Nelson, Whiteman, Rokop, Goetz, Jaworski, Altfeld, Hiss, and Grzeskowiak. voting Aye Hull, Oakley Cripe and Gustit voting Nay. Ayes B , Nays 41 Ordinance adopted.' REPORT OF THE COMMITTEE OF THE WHOLE. 1933•' South Bend, Indiana. June 7, To the Common Council of the City of South Bend: The Ways and Means Committee makes the following additional report on account of certail misunderstanding having arisen from the fact that our report to the council of last Monday eve and the ordinance accompanying the same, proposed to reduce all, salaries by ordinance alone ai not by resdlution requesting in some cases voluntary reduction.' Your committee made its report advisedly. It proposed that reductions be accomplished b; ordinance alone after receiving advice from some of the best legal sources in the city*' The authority for making reductions by ordinance is found in Section 3, page 273, of the Acts of the special session of the legislature of 1932. This section provides that the reduc made mandatory by other sections of the same Act are to be consdidered as maximum salaries, that „lesgally constituted authority having the power to fix salariesv may fix the salaries i a lesser amount than presncribed by the Act " subject to the jurisdiction of such legally constituted authority." Our advice is to the effect that the common council has sole and complete authority and jurisdiction, if it chooses to sszt exercise its in the matter of fixing salaries of all off and employees of the city, limited only as to amount of salary in some cases, except that it certain n officers whichyauthority isevested- solely works the probation officer, Y Clause 2, of the Revised Statutes.of 1926: - According to such advice said Section 3 furnishes the council full authority to modify o ( See page 199 a } ing, t era s .I repeal any former salary ordinance which fixed salaries for a four year period.' We wish to make it very clear and emphatic that any ordinance enacted at tints time becomes legal and binding under all circumstances, without the necessity of voluntary ` reductions through resolution. The Mayor himself may force still further voluntary reductioc if he chooses, although such further reductions would not be legally binding, but that is he affair.' Said Section 3 reads as follows: Sec. 3 (a) Any salary of -any officer of any municipal sub — divisions or taxibing unit of this state, as fixed by this'actt, shall -be construed to be the maxiamum amount which any suchnoff icer shall receive as compensation for services rendered to such sub - division: or taxing unit, but nothing eontained'in this act shall be so construed as to prohibit any board, council, commission, officer or other legally constituted authority having the power to fix salaries, to fix the salary :t of any officer subject to the jurisdiction of such legally constituted authority, at a lesser amount than is prescribed in this= act. The foregoing section, as we are advised, is in no particular altered or affected in its application to salaries for the present year by the Acts of the regular session of the. legislature of this year, 1933, since the provisions of the latter are..made to apply to salaries;L or to effect salary changes only after January 1, 1934. Regarding the claim that the Mayor by virtue of the provisions of Chapter 60, Section 1, at page 427 of the Acts of 1933, has, by executive order, if such happens to be the fact, decreased certain appropriations, and certain appropriations applying to salaries, and thereby assumes to supersede, annul and foreclose legislative authority of ,the council, we ax advised and report to the council that said Chapter 60 gives to both the common council and 't mayor concurrent authority and jurisdiction to reduce appropriations atnany time during the,, year, but that the common council has the additional and the sole Iegisbatsmive authority to fix salaries, and that its legislative acts in:so fixing salaries cannot under any construction of the law be restricted or b nullified by any executive act or order on the pax of the Mayor.' There has not been, and there is not now, any misundertanding such as to preclude the common council from acting within its rights as stated upon the ordinance before it.` Dated this 7th day-of June, 1933. Geo.' W. Goetz John C. Nelsom On.Motion of Councilman Goetz the Report was adopted. Motion carried. On Motion of. 0ouncim1man Jaworski the Council adjourned at 7:40 o'clock P:' M. Motion carried. - ATTEST Aa�^. ,Oz iI/"o. ni 0 PRO D PRESIDENT. e