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HomeMy WebLinkAbout09-03-34 Council Special Meeting MinutesJ, . September 3rd, 1934. SPECIAL MEETING. Common MINUTES. Be it Remembered that the/Council of the City of South Bend, Indiana, met in thepS.peolaY Session in the Council Chambers of the City $A11 Monday._eVeDingySept.ember 3rd, 1934 at the hour of 7:30 o'clock P. M., . All Members present. President Nelson presided.' STATE OF INDIANA ST. JOSEPH COUNTY SS: CALL FOR SPECIAL MEETING OF THE COMMON COUNCIL. CITY OF SOUTH BEND TO THE MEMBERS*OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. You are hereby not9fied that under and by virtue of the authority by law vested in us as Councilmen of the City of South Bend, Indiana, a Special Meeting of the Common Council of said City s hereby called for Seven Thirty (7 :30) o'clock P. M., on Monday evening September 3rd, 19344, for the Purpose of receiving Reports and for Third Readings and taking action on the following ordinances, which titles are as follows: "An Ordinance appropriating monies for the purposes of defraying the expenses of the several departments of the City of South Bend, Indiana, for the fiscal year beginning January 1 1935, and ending December 31, 1935, including all contractual obligations, and fixing a time when the same shall take effect ". "An Ordinance Fixing the Tax Levy for the Year 1935 for the Municipal Civil City of South Bend, Indiana" ALSO For any consideration which may be necessary for the following Ordinances, which titles are as follows: ORDINANCE NO. 3o66. "An Ordinance fixing the salaries of certain City Officials and employees of the Municipal' of South Bend, Indiana Repealing all Ordinances and parts of Ordinances in Conflict Therewith ", ORDINANCE-M. 30670 "An Ordinance FiA ng the Salaries of C =ertain 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 lst day of September, 1934. Julius Altfeld John C. Nelso# Grov D. Whiteman John -0. Hiss Stephen C. ,Grzeskowjak Members of the'Common Council of the Members of the Common Council of the City of South Bend, Indiana. City of South Bend, Indiana, COUNTERSIGNED: Gladys M. Monroe. ( Official Seal) City Clerk — - - -- I� t City 0 This writ came to hand this lsteday of September, A. D. 1934, and I served the same by reading the same to each Councilman upon the date designated as follows; Julius Altfeld- On September lst,. 1934. John C. Nelson On September 1st, 1934• it John.C. Hiss On September 1st, 1934. i Grover D.` Whiteman - On September 1st, 1934. Stephen C. Grzeskowiak- l On September 1st, 1934• Irvin W Cripe On September lst, 1934. Earl S. Gustin.- On September 1st, 1934. And by leaving a copy thereof at the last and usual place of residence of such members as-.-I was unable to. serve personally, as follows: Geo. Hull - On September lst, 1934• -Reo. W. Goetz On September 1st, 1934. Andrew M. Rokop - "- On September lst, 1934. Joseph S. Jaworski On September 1st, 19340 Glen L. Oakley On September 1st, 1934. Dated this 1st day of September, 1934• LeRoy Poure Member of South Bend Police Force.' The Report of the Call for Special Meeting of the Council was accepted by the Council and ordered to be placed on file: Motion t Carried. REPORT OFTHE COMMITTEE OF THE ,WHOLE. To The Common Council of the 8ity of South'Bendt your Committee of the Whole to whore was referred An Ordinance appropriating monies for the purpose of defraying the expenses of the several departments of the City of South Bend, Indiana for the fiscal year beginning January 1, afl 1935, and ending December 31, 1935, including all contractual obligations, and fixing a time when the same shall take effect. Respectfully report that they have examined the matter and that in their opinion the said Ordinance should be reported Favorable under protest. Jno. C.' Hiss, Chairman. The report was accepted by the Council. REPORT OF THE 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 Tax. Levy for 'the year 1935 for the Municipal Civil City of South Bend, Indiana Respectfully report that they liave examined the matter and that in their opinion the said Ordinance should be reported Favora Jno• C..Hiss, Chairman. The report was accepted by the Council., COMMUNICATION: _ City of South Bend Indiana Office of the Mayor ._ William R` Hinkle September 11 1934, Mayor ZESSAGE OF THE MAYOR TO THE COMMON COUNCIL Gentlemen: 3066 Re: Proposed Ordinance No. This Ordinance proposes to increase the salaries of certain employes of theO Boeffective bSeptem Safety 1C above the amounts now prevailing for the balance of the year-1934, 1, 1934. o your body in August 1933 I stated that the funds therein _provided, When I presented my budget t would permit 'the proper financing of all the necessary services of the salaries aboveide f aznoa balanced budget. However, no provision was made for y set forth in said budget nor was there any surplus provided for from which funds could be drawn ( .Continued on page 263) i • )le. tL er for Kou ma remember that during the disousszion regarding the 1934 budget, members of the Common 68aail jeg eattidlly pt- +ed that it was their belief t4at the 1934 budget was so close the City o n the amounts therein set out. 'he Controller informs me that after the expenditures of the City for 1934 have been met and X11 bills paid we will laclt about $20.00 of having enough money to meet the first- payroll in fanuary, 1935. The 1934 budget provided for $57s000. cash on hand January 1, 1935, but due to additional appropriations and the necessary additional appropriations to meet the carry over of anpaid of unpaid bills from the various City departments, not provided for in the 1934 -1935 )udget, there will be less than $5,000. -cash on hand January 1 1935 lnder Chapter 60 of- the Acts of 1933 the methods by which additional appropriations cam p¢ be naafi wade are specifically set forth. It provides that an appropriation of this character must be Submitted by the respective department heads to the Cabinet and after discussion by the Cabinet Lt shall then be submitted to the City Controller for his approval or rejection. This proposed )rdinance did not come from the Board of Public Safety to the City Cabinet nor has-it been approved by the City Controller. 1hapter 95 on page 249mof the published Acts of 1927.states: "And the budget as set out by the Runicipal officers in the published statement or as modified on hearing by the State Board, shal .imit the expenditures for the year except in case of "casualty or accident or extraording =ergencyg lertainly.Ordinance X No. 3066 is not called for-by reason of any "casualty, accident PW ;xtraordinary emergency." 'he budget of 1934 provided for the exao#, amount necessary to finance the payroll of the Board if Public Safety and the rates of pay r now in effect and there is no excess money in this ,ppropriation item with which to meet the additional appropriation set forth in:Ordinanoe No.' 066. The City Controller would be liable on his bond for drawing a check in payment of any item .n excess.ocf the amount appropriated in the 1934 budget.' 'he law specifically provides .a penalty for expenditures-of this character without due process o. aw and I am.advised that the members of the Common Council and I may be guilty of malfeasance n office and liable to the City of.South Bend for the amount of excess provided in this rdinance, plus attorney4s fees and a penalty of 25%. For your information I quote the law as ollows: Any officer or officers of any municipal corporation having authority by-law to make ppropriations for the expenditure of public money, who shall appropriate any money for any tem set forth in the published budgets or for any item as modified on the order of the state card of tax commissioners im excess of the amount estimated to be expended in such budget, or a- excess of any additional expenditure without having first given notice to the taxpayers and ].lowing the taxpayers the right to appeal tothe State board of tax commissioners, as herein. rovided, shall be guilty of malfeasance in office and shall be liable to such municipal orporation in the amount of such excess so appropriated, together with the costs= of said action ad reasonable attorney fees with a penalty of 25 per cent of such.amountl, recoverable in an ction ( or suit) instituted in the name of the State of Indiana upon the relation of any taxpayi r taxpayers in such a municipal corporation." rider Chapter 233nof the Acts of 1933 the CommonbCouncil has the right to fix the munimum salarii or these employes and then only after the Mayor has submitted the maximum salarie& to the ommon Council. In view of the foregoing and for the protection of all city employes and taxpayers of this city I hereby -veto proposed Ordinance No, 3066. Respectfully, We R. Hinkle, Mayor. The Communication was ordered to be placed on file. ORDINANCE NO. 3066. An Ordinance Fixing the Salariea 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 4Lts passage and passed over the Mayor's Veto by the following vote: Nelson, Whiteman, Rokop,Goetz, Hull, Jaworski Altfeld, Hiss, Oakley, Grzeskowiak, Gripe and Gustin, Ayes-12, Nays 00 Ordinance adopted over the Mayor's Veto. COMMUNICATION. City of south Bend Indiana Office of the Mayor William R; Hinkle September 1, 1934. Mayor MESSAGE OF THE MAYOR TO THE COMMON COUNCIL Gentlemen: Re: Proposed Ordinance No. 3067. - This Ordinance proposes to increase the salaries of certain employes of the Board of Public 2ft Safety approximately 100 above the amounts established in the published budget of 1935, which increase is to be effective January 1, 1935. In my budget message to your honorable body I provided for a 1% increase for city employes for t] year 1935. This ordinance providing for this additional increase of 10% above the amount provide( in the budget is not fair to the balance of the city employes nor other wage and salary earners: nor taxpayers. There is no law, rule nor regulation establishing the salary rates for the group of employes whicl this ordinance favors, nor is there any obligation for any restoration to any amount formerly pail These employes' salaries like other city employes, are in harm9ny with local conditions and well above the amounts paid employes of private industry. A restoration can only be based:y upon a return to normal conditionsx among the taxpayers. They must have a restoration of ability.-to pad first. he unfairness and injustice of this ordinance could easily be the basic reason for an executive veto brut the legal question enters also. Chapter 60 of the Acts of 1933 provies that the Common Council cannot increase the budget without the approval of the Mayor.' Proposed- Ordinance No.3067 ould rewire the increase of the 1935 budget which I submitted to your body. In view of the distressed financial conditions of ldca1 taxpayersmf I absolutely refuse to agree dr approve any increase in the budget of 1935.' Chapter 95 of the 4cts of 1929rc7 specifically provides that the budget of the City cannot be raised after its publication. The budget was published on August 16th and 23d andbtherefore urd er this the Mayor and the Common Council are legally barred from approving any increase in the published budget of 1935•: hapter 233 of the Acts of 1933 changed the method of establishing city emplo�es salaries. The tate Legislature fixed the maximum salaries dor city officials and gave the right to the Common ouncil to fix the minimum with the restriction that such- aminimum should not be less than 80% of hemaximum. For all other city employes' salaries the law provides that the Mayor shall fix the aximum and the CommonbOouncil is given the right to fix the mminimum except that it shall not xceed the maximum set by the Mayor have submitted to yorur honorable body the 1935 budget in which the maximum salaries have been 'fixed, and an additional message sett forth such maximums that have been established by me for the year 2) 1935. ( See page 26 ' Concluded ) In view of the foregoing and the fact that proposed Ordinance No. 3067 "needs the maximums est lisped* by me I hereby veto said proposed ordinance. Respectfully, W. R. Hinkle, MAYOR The Communication was azz ordered to be placed on file. ORDINANCE NO. 3067. 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 T reAk-• with. The Ordinance was given its Third reading by title,.and was placedmupon its passage.and passed over the Mayor's Veto by the following vote: Nelson, Whiteman, Rokop, Goetz, Hull, Jawors Altfeld, Hiss, Oakley, Grzeskowiak, &Cripe voting Aye, Gustin:vaoting Nay, Ayes 11, Nays 1. Ordinance adopted over the Mayor's Veto. ffiUffiRlCSX ORDINANCE N0. 3069. An Ordinance appropriating monies for the purpose of defraying the expenses of the severaml e departments of the City of South Bend, Indiana, for the fiscal year beginning January 1, 1935 Y4' 3.nd ending December 31, 1935, including all contractual obligations, and fixing a time when the same shall take effect. The Ordinance was given its third reading by title, and was placed upon its passage and passed by the following vote: Nelso33, Whiteman, Rokop, Goetz, Hull, Jaworski, Altfeld, Hiss, Oakley, Grzeskowiak, 2 Cripe and GustJ&, Ayes 12, Nays 0.' Ordinance adopted. ORDINANCE NO. 3070. An Ordinance Fixing the Tax Levy for the Year 1935 for the Municipal Civil City of South Be d, Indiana.' The Ordinance was given its third reading by title, and was placed upon its passage and passed by the following vote: Nelson, Whiteman,, Rokop, Goetz, Hull, Jaworski, Alt$eld, Hiss, Oak Ley., Grzeskowiak, Cripe and Gustin, Ayes 12, Nays 00' Ordinance adopted.' On Motion'of Councilman Altfekd the Council adjourned at $:30 o'clock P. M. Motion carried.' ATTEST APPROVED CLERK RESIDENT n LJ •