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HomeMy WebLinkAbout07-23-34 Council Meeting Minutesr259 July 23rd, 1934 REGULAR MEETING Be it remembered that the Common Council (5T_the City of South Bend, Indiana, met in the Regular Session in the Council Chambers of the City hall, Monday evening, July 23rd, 1934 at the hour of 7:45 Pxxxx o'cloc P._,M,. All Members present,. Vice—President Grzeekowiek presided v V lc� 'Ju previous m On motion of councilmen Altfeld 'phe minutes of the previ;�eeting were -,ast read OOMMUNIOA T IONS July 23, 1934 Members of the Common Council Comiftittee of the Whole Ways end Means Committee City of South Bend, Indiana Gentlemen: In reply to a request from me-the Board of Public Safety has eskee improvement of present facilities, new decilities and the purchase of defenskve, offensive and protective equipment for the Polise Department. South Bend wants,and must have, the best trained and equipped police force in the State of Indiana. The Merthants National Bank robbery provies conclusively that the Police- Department must be modernly equipped, efficiently administered and highly trained to cope with present—day banditr The request for modern equipment made by the Board of Public Safety shall be med in full. The cooperation of the Common Council for the transfer of funds will be urgently solicited. The City controller informs me that he has received $6000.more taxes than he had previously estimated; $1800. additional income from poll taxes than estimated end that there will be a. saving from the spproprietion for bond payments to make up the balance necessary to meet the requested expenditures of the Board of Pulbic Safety. deman The Common Council, through itspower to abolish the present system of administration, can .. ofthe Board of Public Safety that they shall take proper steps to see thst the Police De ' partmen is efficiently administered, that tactidal plans are evolved to meet possible bandit attacks upon the financial institutions and citizens of our city, that the police force shall be removed from politics and a system of training officers in police work and gunnery whall be instituted immediately. The training of policemen should include all of the latest known methods of coping tith present—day crime. Police training manuals should be preps-red and periddic examinations given to all policemen. The policemen should ge given such physical training and information as will keep them physically fit and their weight In keeping with established standards. The Merthants National Bank robbery disclosed a lack of marksmanship on the part of our officers. Thid id no fault of theirs and neither are the economic conditions responsible for it. The majority of themembers of the Police Department were on the force many years previoust to the depression and shluld have been trained in marksmanship when on probation. Police training is not only beneficial to the general public but also afford protection tothe individual policemen by making his work less hazardous. Consideration should Jae given to a. plan of increased salaries for increased efficiency in add- ition to the base pay provided for. Let each policemen be paid for marksmanship with pletol, rifle and machine gun and for passing an examination based on the training manual for police work. Probationery officers should be given one yesr in which to pass the examinations or be dropped if they are incapable of meeting the requirements. Respectfully submitted, ry R. Hinkle, M ayor. July 23, 1914 L -A 11 Members ofthe Common Council Committee ofthe Whole Ways and Meanaa „Committee - - -, -- City of South Benxi, Indiana - Gentlemen: In accordance with several of my former messages and recent conversations with Mr. Goetz and Mr. Hull of the gays and Means Committee, I herewith present to you an outline of the changes it is contemplated making in the salaries of City employes for the year 1935, with other pertinent information regarding the City and its finances. The interdependence of the legislative end executive departments of the City of South Bend has been clearly shown by our joint action on several occasions. The question of fixing sala�ri during the last few years has been one in which both branches of government have assumed their obligations end duties to the City unflinchingly. Those of us who are regponsible for the reduction of salaries know its difficulties and I am sure that you will agree that neither your body nor the executive branch would have reduced salaries except to assure a continuance of the operations of this City. When we were faced with municipal bankruptcy unless our expenditures were brought in keeping with our income, both theCommon Council andAdministration met the matter squarely and brought expenditures in keeping with the expected income. The fact that South Bend is one of the twenty -fiine cities above 100,000 population in the United States that lived within its income, justifies our joint action to the citizens and employes of this City. A survey of local conditions shows that there ere approximately 14000 wage earners unemployed; 2459 families on poor relief; there has been a further reduction of $6,000.00 in the assessed valuation of South. Bend property showing a total reduction, since 1929, from $200,000,000. to $130,000,000. On the bright side - deposits in the banks are on the increase and officilas of-- the American Trust and Citizens Trust banks are confident they will reopen; current tax del- inquencies have been reduced from 25% to 17%; end there is a confident feeling that the Studebaker Corporation will be reorganized -before the end ofthe year. The first three items, apemployment, poor relief andthe reduction in property valuations show •_ continued lowered ability to pay taxes st their former high rates. However, the last three, showing improvement in our industrial and financial situation, indicate a possible change in the first three black items. The promises made by both the Council and the Administration tt the City employes to share any savings in the operation of the municipal government by salary increased must be fulfilled. City employes should. feel confident that their wages and salaries will be in keeping with the amounts paid their fellow citizens for similar work in private enterprises. They should have the further assurance thatthis arrangement shall be ma.intsined- without needless quibbling. Once this confidence xiaxiixtexm asixkaimRdxxiiiaxxixmRsdixxax is established they will be more Willi to accept reductions, if lowered income of the community makes such action necessary. tax will permit The savings in the 1935 budget, plus expected incor;e from other than sources five • an increase in salaries to all City employes of 10 per cent. There are, however, in keeping with the balance of the City employes. pesitions where the salaries paid are not These a mechanic in the Police Department; signal men at the alarm station, bailiff of the afire: City Court; one man in the Building Departtment end one men in the Engineering Department. These will be readjusted to conform before applying the blanket increase. The total aamooLnt involved is $44,169.30. included in this increase. Their salaries, The executive officres of the City are not having been limited by the State tegislaature, are already set by the Common Council. (Continued on page 251) J 2 y Cy The proposed increases will be met by savings in the expenditures of the City and expected income from other than tax sources, as follows: Garbage Contract $ 15,605. Electric Street Lighting Contract - - - - - -- Miscelleneous Savings 9.000,E Miscellaneous Income Receipts 5,000. Estimated Excess Payment of Old Delinq- iiencies Above Current 5,000. 'Released from Closed Brnks 7,200 . All figures are estimated only' Total 44,805- I r6alize that there will be many taxpayers who will feelthat all savings made should be applied to the reduction'of taxes. We promised the City employes that if they would render efficient service at the necessarily reduced salaries tht City of South Bend would acknowledge this coopera.tion'by increasing their salaries through the savings made by such efficiencies, reduced expenditures or increases of income from other than current taxes. -I maintain that the City *employes have rendered efficient service at the reduced salaries and have, thereby, won °the respect and confidence of their fellow ax citizens. The promise of the Common Council and the Administration to there employes should be met. However, the taxpayers can be assured that the total taxes to be collected by the Citil City during the year 1935 will not be greater than those charged for the year 1934- ' The 1935 budget, conforming to this-messege in the matter of salaries, will be delivered to the Common Council at thaxxz its next meeting. Respectfully submitted. W. R. Hinkle, Mayor Figures on unemployment obtained from Mr. Clark, Director of the Federal Employment Bureau. Figures on Poor Relief obtained from ter. Legema.n, Director of Relief at Madison School Headqua.rte: On motion of Councilman Hiss, the Communications were referred to the Committee of the Whole to be considered with the budget for 1935. Motion carried. REPORT OF CITY CLERK'S CERTIFICATE OF PROOF OF POSTING OF NOTICE TO TAXPAYERS. In the matter of An Ordinance transferring the sum of $700.00 from Salary Account #S -1 to Supplies - General Account ##S -12 in the Electtical Department of the City of South Bend, Indiana. South Bend, Indiana, July 23rd, 19340 I, Gladys M. Monroe, City Clerk, by Mary L. Moran, Deputy City Clerk, ofthe City of South Bend Indiana, do hereby certify that a copy of the attached Notice was posted July 10, 194, in the following places, to -wait: In the Corridor of the City Hall, South Bend, Indiana In the Corridor of the Court House, South Bend, Indiana, On Thlephone Pole at the South East Corner of Lincoln Way West, and North Walnut Streets, South Bend, Inditra, all. -being Pulice Places in said City. In Witness Whereofl - -I have hereunto set my sand and affixed the seal of the City of South Bend, Indiana, this 23rd,day of,July, A. D. 1934. GladysM. Monroe, City Clerk by Mary L1 Moran, Deput City Clerk. (Official Seal) (See files ftr proof of Notices) The report was accepted by the Council and ordered to be placed on file. Motion carried. ORaINANGE NO. An Ordinance Ratifying and approving .contract entered into in Triplicate by and between the Municipal City of South Bend,- by and through its Board of Public Works, First Party, and James H. Pierce Second Party. The Ordinance was given its first reading by title, its second reading in full and on Motion of Councilman Altfeld was referred to-the Committee of the Whole, also that the members of-the Board of Public Works be present and Mr. James H. Pierce, to whom the contract was let, be presen at the Committee of the -Whole ? Motion Carried. ORDINANCE N0. An Ordinance Amending Certain parts of Ordinance No. 2331, commonly known as the Zoning Ordinance, The Ordinance was given its first ng by title, tts second reading in full and on Motion of Councilman Ja.worski wa.s referre Committee of the Whole, also that a public hearing he held August 6th, 1934,--at-7:30 ' o'clock P. M. Motion Carried. RESOLUTION INTRODUCED BY INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS by James H. "IcKnight, Secty, Fire Alarm & Police Radio Operators: Local Union No. 387 City of South Bend, Indiana Address of Writer 54p North Scott St. COPY OF RESOLUTION July 16th, 1934. The following resolution was unanimously adopted at a meeting of the Fire Alarm and Police Radio Operators. Be it resolved that an Ordinance prepared for Fire Alarm and Radio Operators to be placedon an equal salary basis with Firemen and Policemen, should be urged before the City Council for favorable action and adoption. ° Be it further resolved that the Council be urged not to allow any transfer of moneys from the salary fund of the Electrical Department to any other fund or unit of the Department of Public Safety, until such time when the above mentioned ordinance is adopted. Carl Shaffer, President James H. AlLcKni-ght, Secretary. 54p N. Scott St., ('Official Seal) On motion of Council Cripe the -resolution was referred to the Committee of the Whole to be taken up with xa "zi following report given by Mr. Butler of Jones Obenchain &•Butler, attorneys, xmd at their next meeting. Motion Carried South Band, Indiana • July 23, 1934 Mr. President and Members ofthe Common Council of the City of South Bend, Indiana: It is no desire to speak to you for a few minutes in regard to the proposed restoration of salaries of the policemen and firemen of this city, and in so doing I speak officially on behalf of the Fraternal'Order of Police, St. Joseph Volley, Lodge 36, and unofficially on behalf of Fire Fighters Union Local No1362, which are the respective organizations of the policemen and firemen of this city. It is the purpose of the proposed ordinance to resotre the salaries of said policemen and firem, and of the executive officers of the respective police and fire departments, to that basis prescribed by the General Assembly of the State of Indiana by viturop of an act passed in the special session thereof in July, 1932, xxd the effectiveness of which act has been extended during the year 1934 x1935, which basis provides for the compensation of said policemen and fire men at the rate of $1915.56 per year first class. At the outset let us review briefly the various ordinances enacted by this body and the several statutes passed by the General Assembly of this State which have affected the salaries of said officers during the past few years. In .August of 1929 this Council passed Ordinancd No: 2782 fixing among other salaries those of policemen and firemen, first, second and third classes a.t $2040.00, $1800.00 and $1650.00, respectively. This ordinance was expressly effective for a period of four years, 1930 -1933 inclusive. In July if 1932, Special Session of the 77th General Assembly of the State of Indiana enacted Chapter 70 of the Acts of the General Assembly of 1932, which established a certain mathematical formula to be applied to existing salaries of pulic officers and employees as of (Continued on page 252) s. (Continued from page 251) iI January 1, 1932, resulting in a proximate reduction of 10 per cent. Under this statute the salary of first class policemen and firemen fixed by the ordinance of the Common Council at $2040.00 became $1915.56. This reduction was to apply for the year 1933, effective as of January 1, 1933. ' In September, 1932, the City'Council passed Ordinance No. 2996, appropriating money for the expenditures of the city government for the year 1933, which appropriation ordinance included salaries for policemen and firemen upon the basis prescribed by the state legislature.. The annual salaries of the policemen and-firemen were $1915.56 from January 1 1933, until June 1, 1933, but lunar they were not paid this amount. They were paid only 4152.95 per month, instead of $159.63. Each p0licemanniand fireman, therefore, has a valid claim against the city for $33.25• In June, 1933, the Council passed Ordinance No. 3022 establishing salaries for the balance of the year 1933, said salaries for policemen and firemen being $1500.00 first class end $1260.00 second class. This'ordinance was effective only during the last seven months of 1933. Appropriations for 1934 as established by Ordinance No. 3030 were for the salaries as established by the last mentioned ordinance in Juhe, 1933. In April, 1934, an ordinance was passed, fixing salaries for certain officers of said city but not including policemen and firemen of general employees of the city. Inasmuch as Ordinance No. 3022 passed in June, 1933, was effective only for the remaining seven months of that year and no ordinance has since been adopted by this Oouncil fixing the salaries of policdmen and firemen, there is no ordinance new in effect by which said salaries are determined. On May 17, 1933, the honorable mayor of this city addressed a mommunication to his "Fellow Officers and employees" advising them that certain reductions in salaries and economies in administration of the municipal government would be necessary. On may 25th a further communi- cation was directed by him to the public officers and employees of the city setting forth that it would be necessary to make the reductions suggested in the previous communication and asking for cooperation and assistance on the part of all officers and employees in working out the financial problem of the city. The mayor referred to the balance in the city treasury, delinquent taxes, muntdpal funds frozen in closed financial institutions of this city and to lowered costs of living. We quote from that letter: "Furthermore, it is my play to appeal to'the delinquent taxpayers to make partial payments of theerktaxes, or, if possible, to pe.y "their entire tax bill so that the city's affairs can be returned to a normal basis, and I assure you that all of the sacrifices requested will be eliminated as rppidly as funds are available to do so. "To assure the policemen and firemen a salary in keeping *ith the changed financial conditions, I ,am requesting the Common Council to provide in the budget an ordinance for a°readjustmant of your salaries each six month periodin accordance with the index figure established by the President for federal employees. Thus a rise in living costs will immediately be met with a 'rise in* your salaries and there will* be no need of fear that it will be necessary to fight to maintain your salaries in keeping with the cost of living. "Let us meet the changed conditions as true citizens, and I assure you that as soon as the financial condition of the city is improved., be that one month or the full seven months, you will keep step with the community's returned prosperity." It was in accordance with this announced plan of financial retrenchment by the city that the ordinance fixing said seleries at $1500.00 and $1260.00 was enacted for the valance of 193, Further evidence of the mayor's intention to make a,readjudtment of said salaries a.s soon a! the finances of the city permitted was contained in a communication addressed to the Board of Public Safety under date of May 23, 1933, in these words: "If funds are realized -from banks, or deposits can be made negotiable, or sddittban &l tax monies should be paid, or funds derived from miscellaneous revenue should beduce the amount of the deficit, the period of time to which the men will 'be called upon to make additional sacrifice from the readjusted salaries shall be reduced in whatever proportion such revenues will'. permit." Let us s ee if the mayor has kept faith with the policemen and firemen of this city in the statements thus made. ° The Board of Public Safety in its recent communicetion under date of July 14, 1934, addressi to the mayor of this city says in part: "It is our information that the difficulties quoted from the above statement (referring to release of funds from banks and additional tax monies permitting readjustment of salaries) have been surmounted. The employees of this department, however, are still making the 'sacrifice from the readjusted salaries' ". Under date of July 16, 1934, the mayor replied to this communicetion to the Board of Safety and from this communication we quote the following: "Our city met a greater financial strain than any other city of its size in the country. "Of the ninety -four cities over one hundred thousand listed by the United States.Census Bureau, there were only twenty -nine who balanced their budgets during the depression, and South Bend is one of the twenty -nine. "There were thirteen hundred and nine municipalities that defaulted on their bonds or interest. South Bend has paid its bonds and interest when due. "Some of the largest cities in the country have resorted to scrip or Payless paydays. South Bend has paid ell m laries and wages regularly. "Thousendsof municipalities have issued tax anticipation warrants. South Bend has not resorted to this form of governmental financing at any time during the depreession. "Thousands of cities have increaded their bonded indebtedness. South Bend has decreased In view of the splendid financial record claimed by the mayor, and his economic adviser, present conditions warrant a readjustment of the salaries of policemen and firemen of this cit: who have continued to make sacrifices, not during it period of from one to'seven months, as indicated by the mayor, but for a period of more than a year. If it was the purpose of the mayor to request the Common Co#cil to provide for the readjustment of these salaries each six months period, in accordance with the cost of living, and the city's return to prosperity, as indicated in his communication of May 25, 1933, wh9 has not the Council been requested so to do? Figures prepared by the National Industrial Conference Board a-ndpublished in the monthly business survey of the United Stites Department of Commerce show that the average cost of living throughtbut the United States has increased substantially since January 1, 1933. The figures are as follows: January, 1933 73 -.7 April, 1933 71;5 July, °1933 75.2 October, 4 1 33 79 March, 19 75.5 June, 193 78.8 These statistics whow that the salaries of policemen and firemen of this city have not kept pace with the ever increasing cost of living, as was promised by Mayor Hinkle. (Continued on page 253) 0 • • ` its. "• • ( Continued from page 252) If it was the purpose of the mayor to effect the readjustment of salaries of policemen and firemen in eccordinancw tith the improved financial condition of the municipal government, let us'determine whether such proportidnate adjustment has been made. Under date of May 25, 1933, at which time the mayor addressed his plel for cooperation to his feklow workers, he stated that there was a- balance of $78,000.00 in the treasury. Today there is a balance of $95,000,00 in the treasury, including restricted deposits. At that time he referred to the delinquent taxes and the difficulty in collection of taxes with which to finance the administration of the various departments of the city government, The tax collection of the City ofSouth Bend as of June, 30, 1933, was $314,832.81. The tax collection as of December 31, 1933 was $339,387.89• The tax col-'- .ection as of June 30, 1934, was 4381,539.94, an increase of $67,000.00 in the yea: The mayor also assigned as one of the reasons for the drastic salary reductions the fact that the city funds in large amounts were tied up in closed banks. The amount of general fund deposits frozen in closed financial institutions'as of May 25, 1933, was $121,043.10. . The amountof the city's general fund frozen in closed financial institutions today is $75,474.62, and there is an immediate prospect of the release very shortly of approximately half of that amount from closed -banks whose reorganization plans have already been approved by proper authorities. The figures show a release of $46,000.00 iii the past year. Qonsideration of these figures relating to the increased costa of living, and to the improved financial conditions of the city d.emonstrates conclusively that this administration hag not kept fjith 'With the loyal and devoted members of the police end fire departments who -protect the .lives ?ndp property of our citizens. An investigation of the financial retrenchment made by other municipalities and by _other governmental units discloses that salary cuts effected during the years 1932 and 1933 have been restored either in whole or in part. Notable examples of cities which have restored all salary cuts to public officials since January 1, 1934, are: Cincinnati, Ohio, L*nn and Springfield, Massachusetts, New Haven, Connecticut, Nashville, Tennessee, and Detroit, Michigan. The members of this body will recognize readily the fact that the Committee for the Nation reported that the cities of Detroit and South Bend were more severely affected by the depression than any other cities in the United States. If the municipal.city of Detroit was able to restore salary cuts to its officers and employee( and if the city of South Bend has maintained such splendid financial condition among the ninety — four cities over one hundred thousand populations as claimed by the Mayor, why has not an entire or partial restoration of the salaries of our public officers and employees been made? The drastic reduction in salaries requested by the mayor in his letters of May 17 and 25, 193; was to have been for a period of approximately seven months. The unreasonable extension of thesE cuts and the lack of goodfaith on the part of the administration to make proper and reasonable restoration, as improved conditions have warranted, has undoubtedly affected the morale of the policemen and firemen of this city. It is not treason or unfairness on the part of a member of the Board of Public Safety or any citizen of this city to make this statement, notwithstanding tY opinion of Mayor Hinkle, who says that the policemen are done an injustice by such a statement. The policemen and firemen as public officials and protectors of human life and property are to be complimented for their loyal service and their fine spirit of cooperation during the trying period through which we have passed. It is no reflection upon them to say that their morale hG -,s been lowered and weakened by reason of inadequate compensation for their service. It is only natural that the spirit and enthusiasm of any perios is effected by the existence of conditions which are not fair or reasonable. In its letter of July 14, 1934, addressed to the mayor, the Board of Public Safety has this to say: "The morale of this department is low due to causes over which this board has no control. If you will consider some 100 human targets working for the magnificent sui$ of $125.00 a month, you-may possibly un erste.nd what we mean. There is not a community in this vicinity that does not pay its police officers a more decent salary." Unquestionably, gentlemtr, of the Common Council, the members of the police and fire departments of this city are underpaid, and I state flatly that public opinion is in favor of a,dgquate dompensation of these men. It is my understanding that this body has been advised that it does not have authority tD fix salaries for these officers. Section 11477 of Baldwin's Indiana Statutes, 1934, which is Section 10862 of Burns Annotated Statutes, 1996, provides in part as follows: "The annual pay of all policemen, fire -men andother appointees, shall be fixed by ordinance of the Common Council; andit shall be lawful in such ordinance to grade the members of such forces and to regulate their pay, not only by ranks but by their length of service. In default of any ordinance fixing the compensation of any member of such fire or police force, such commissioner shall have the power to fix the same, subject to change by ordinance." By virtue of this statute, which has been teither repealed nor amended, this body has the primary power and authority to fix these salaries. - Thus far in 1934 no ordinance fixing the sa7$ies of policemen end firemen has been enacted. If it were not for the fact that the Board of Public Safety approves the payroll each month for the payment of the salaries to said policemen and firemen, the action of the city controller in making any payments would be illegal. The fact that 6his 6ouncil passed an ordinance for appropriations for this year including certain salaries for policemen and firemen does not amount to a fixation and determination of salaries. It is our understanding further that the executive branch of this municpal government contends that the mayor and the controller have full authority in the matter of budgets and appropriations therefor, subject only to,the right of this Council to reduce any appropriations it may fee fit. Such authority as was given to the mayor and the controller by Chapter 60 of the ,Acts of the General Assembly of the Stt to of Indiana for 1933 does not in any way affect the authority of this Boyd to fix and determine salaries as it is authorized to d9 by virtue of existing statutory (provisions. It is not only the right but the duty of thic Uouncil to fix the salaries for the policemen and firemen so th:tothe mayor and controller in the preparation of their figures for the appropriations for 1935 may include such salaries as shall be determined. Any hesitancy that this body may have to enact such a salary ordinance may be offset by the (assurance of the Fraternal Order of Police and the Fire Fighters Union, Local No. 362, that all Inecessary and proper steps will be taken by their respective organizations to insure compliannen with any ordinance enacted by this Council affecting said salaries. At the present time, in the event of no undeasonable extravagance, a. check of the city's finances will show, a. surplus for this year 1934 in exdess of $50 000.00. For the remaining five months of this year it would cost the city approxim -tely $14,905.90 to givd the policemen anc firemen from the chiefs down a. ten percent restoration of salary. It this time such a temporary readjustment should be made, and now also the general salary ill for police and fire departments of 1935 should oe passed, restoring their salaries tothe basis set for them by the state legislature. That would still mean substantially lower salaries than they received in normal times, but wkould be a just and reasonable compensation, (continued on page 254) (Continued from page 253) These officers of public safety were called upon to do their part wmilecircumsttnces remained as they mere. They did their part and are happy to have done their bit.. But now in the light of generally improved conditions, of a steadily rising cost of living, of a bettered financial standing of the city and of a service loyally rendered, I submit to you, gentlemen of the Council, that-the executive department of this city government has not kept its pledge with these men and they look to you for courageous action in the just and reasonable r9ad.justment of salaries. On their behalf, I urge you to take necessary and appropriate action without delay. • Respectfully submitted, Paul N. Butler Jones Obenchain & Butler, Attorneys for Freternel Order of Police, St. Joseph Valley Lodge No. 36, &axffimiimxxmixZaxxaiimaxxamaix Following the reeding of the letter, =,Mr. Goetz, Councilman makes a motion that the Councils opinion go on record for increased wages for the policemen and firemen. Motion carried. krxx3xipzTx2mxxziimax On motion of Councilman Cripe, the letter is-referred to the Committee of the-whole and that the Council fix the salaries of the policemen and firemen so that the Mayor and Controller may be governed in making up the budget. Motion carried. On motion of Councilman Goetz the Council adjourned at 9 :03 o'clock P. M. Motion Carried. ATTEST: APPROVED _ia C �_ CE- PRESID By put i • • & I