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HomeMy WebLinkAboutAmend Ch2 Art1 Addressing Council and Amend Ch2 Art5 Sec2-58 Addressing Requirements of Entities of Municipial CodeORDINANCE No. 9211-01 Passed by the Common Council of tlae City of Soutlt Bend, Indiana April 9, Attest: Attest: 01 20 Presented by me to the Mayor of the City ofSoutli Bend, Indiana April 11, 20 01 City Clerk President of Common Council City Clerk APRIL 12, O1 Approved and signed by me 20 _ Mayor Ordinance No. ~ 2~ ~ J AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN CHAPTER 2, ARTICLE 1 ADDRESSING THE COMMON COUNCIL AND AMENDING CHAPTER 2, ARTICLE 5, SECTION 2-58 ADDRESSING REQUIREMENTS OF ALL BOARDS, COMMISSIONS AND OTHER ENTITIES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND Statement of Purpose and Intent The Common Council of the City of South Bend, Indiana, acknowledges that amendments to some of the rules and regulations governing its own procedures are in order. More specifically, obsolete verbiage has been deleted, policies have been clarified and many overall procedures have been revised to improve efficiency. For example, when legislation is amended during a public hearing, the petitioning party will be required to file an original of such amended legislation with the Office of the City Clerk by the next business day. The Standing Committees of the Common Council have been increased from nine (9) to eleven (11) with the addition of the Community Relations Committee and the Information and Technology Committee; and the current Parks and Recreation Committee has been amended to become the Arts and Entertainment Committee. Citizen members will now be able to make motions when they serve as a member of a Council Standing Committee, thus enhancing their participation. The amendments addressing boards, commissions and other entities which have individuals which are appointed by the Mayor or the Council are proposed to enable the Offices of the City Clerk and the Mayor to be the "information centers" for receiving accurate data about the membership of such entities, to receive copies of their agendas at least twenty-four hours prior to their meetings, and to receive copies of their minutes at least ten (10) business days after their meetings. In this way, information in one location will be more readily available for the Council as well as the public. All of the proposed revisions are filed in the interest of promoting better efficiency and accountability. Norv Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1, Section 2-9 ,paragraph (v) of the Socrth Bend Mtrnicipal Code shall be amended to read in its entirety as follows: (v) Form of Ordinances and Resolutions: All legislation of the City shall be by ordinance or by resolution. The word "resolution" as used in this chapter shall be the official action of the Council, and shall be limited to matters authorized by local, state or federal law, and to matters pertaining to the internal affairs or operations of city government. All resolutions shall be assigned a bill number by the City Clerk's Office upon being properly filed with the City Clerk's Office. Each resolution must have a short title identifying the subject matter of the resolution, followed by "whereas" clauses which set forth the background information of the resolution. Following the end of the "whereas" portion, the next paragraph shall begin with the words "Now, Therefore, Be it Resolved by the Common Council of the City of South Bend, Indiana, as follows:" and a section by section format shall follow thereafter. If the resolution is adopted by the Common Council and approved by the Mayor, the City Clerk's Office shall assign Ordinance Amending Chapter 2 of the SBMC Page 2 it a resolution number. All matters of a general and permanent nature which address issues addressed in the South Bend Municipal Code, which establish fees, or which regulate conduct or which prescribe penalties, shall be submitted in the form of an ordinance. Each ordinance shall be identified with a bill number assigned by the City Clerk's Office upon proper filing with that office. Each ordinance must have a short title, and must specifically refer to the chapter, article and section of the Code, when it proposes an amendment to the South Bend Municipal Code. Ordinances shall be numbered in the order they are passed, but shall be listed on the Council's agenda as they are introduced for filing, except when the Council may direct otherwise. The following format shall be used when introducing a proposed ordinance for Council consideration: (1) Each bill filed for ordinance consideration shall begin after a preliminary "Statement of Purpose and Intent" which shall set forth the overall purpose(s) of the bill, as well as relevant background information addressing governing local, state or federal law or policies. Following the end of the Statement of Purpose and Intent, the next paragraph shall begin with the words: "Now Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows:" with a section by section format following thereafter. (2) All bills filed for ordinance consideration which propose to amend the South Bend Municipal Code must include a detailed summary of the proposed changes in the Statement of Purpose and Intent. All such bills must use one (1) of the following formats: I. Following the Statement of Purpose and Intent section, the introductory sentence to the first section must include the words " Chapter ~, Article _, Section of the South Bend Municipal Code shall be amended to read in its entirety as follows"; or II. Following the Statement of Purpose and Intent section, the introductory sentence to each section of the Sotcth Bend Municipal Code which proposes new language must set forth the proposed new language in bold type or may underline such proposed new language, and must show the deletion of current words with a dash through such language, so long as that utilizing this format does cause undue confusion. (3) Any bill wishing to be considered for ordinance consideration which does not conform to the applicable requirements of this section may be rejected by the City Clerk's Office when presented for filing. (4) All proposed resolutions and ordinances must be accompanied by a separate cover letter from the party initiating such resolution or ordinance. Each such letter must be clearly identify the salient points of the proposed resolution or ordinance, and must identify the person who will be giving the presentation at the public hearing, if different from the person signing the letter. Any proposed resolution or ordinance which is not accompanied by such a letter may be rejected by the City Clerk's office when presented for filing. (~ Proposed resolutions or ordinances proposed by the City Administration should when at all possible and in the interest of furthering better communications between the Ordinance Amending Chapter 2 of the SBMC Page 3 administrative and legislative branches, have the proposed resolution or ordinance signed by the Chairperson of the Standing Committee which has ~unsdiction over the subject matter addressed in the proposed legislation. (6) The party initiating any legislation which is amended during the Common Council's public hearing, must file a complete original of such amended legislation with the Office of the City Clerk, by the next business day. ('~ If the proposed ordinance is passed by the Common Council and approved by the Mayor, the City Clerk's Office shall assign it an ordinance number. Section II. Chapter 2, Article 1, Section 2-10 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 2-10 Eleven (11) 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 yeaz. (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 (1/3) 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 representattve of the South Bend Community. (e) Upon appointment, the Chairperson shall see that each such citizen member so has on file with the Office of the City Clerk the citizen member's: name, residential address, residential telephone number, business telephone number, and email address. (f) The Office of the City Clerk shall send to each citizen member, notices of all Committee meetings to which they aze appointed, along with copies of proposed resolutions or ordinances sent to such Committee for review and recommendation no later than t<vo (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: Ordinance Amending Chapter 2 of the SBMC Page 4 (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, RECREATION, CULTURAL ARTS AND ENTERTAINMENT COMMITTEE: Overseeing the various activities of the Century Center, Regional Museum of Art, College Football Hall of Fame, Moms Civic, Department of Parks and Recreation, Studebaker Museum and related activities. (2) COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE: Overseeing the various activities of the Department of Community & Economic Development Department and programs directed by the Division of Community Development, Division of Economic Development and Financial and Program Management. (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. (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 § 2-10.1 of the South Bend Municipal Code and applicable state and federal laws. (~ HEALTH AND P[JBLIC 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. (~ INFORMATION AND TECHNOLOGY COMMITTEE: Ordinance Amending Chapter 2 of the SBMC Page 5 Overseeing the various activities of the City's information technologies so that alI computer systems, websites, and related technologies are maintained and upgraded so as to remain competitive and up-to-date with current industry standards. ('~ 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 L~NNEXATIOI~': 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 Council Attorney, shall be responsible for the filing committee minutes with the Office of the City Clerk within tcvo (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 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. Ordinance Amending Chapter 2 of the SBMC Page 6 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. 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. (1) It shall be the duty of the Chairperson 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. (~ 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. Ordinance Amending Chapter 2 of the SBMC Page 7 Section IIL Chapter 2, Article 5, Section 2-58 , of th~outh Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 2-58 Requirements of All Boards, Commissions and Other Entities. (a) All boards, commissions, committees, and other entities having a person appointed by the Mayor or the Common Council as a part of their membership which is charged with governmenttt'rt:spc3nsii3iiiip-anu'wnYcn'was ~reat~u bj~-operattbn ot-s~tate ~r-ioL•ar>a~~musccbmpry-'-- with the following requirements: (1) File with the Offices of the City Clerk and the Mayor written confirmation of the name of the entity; names of its current members and by who each member was appointed; term of appoint of each member; names of the current officers; mailing address; telephone number; facsimile number; a-mail address; official website if any; and the dates, time and location of all regular meetings. (2) File with the Offices of the City Clerk and the Mayor a copy of its meeting agenda at least forty-eight (48) hours prior to a scheduled meeting consistent with its posting of the same for Indiana Open Door Law compliance. (3) File with the Offices of the City Clerk and the Mayor a copy of the meeting minutes at least ten (10) business days following the meeting held. All boards, commissions, committees and other entities filing minutes may file interim minutes, however once such minutes are approved each such entity must file an accurate set of minutes marked "Official" with the Offices of the City Clerk and the Mayor in a timely manner. (b) Any changes to a board, commission, committee or other entity governed by this section shall be reported to the Office of the City Clerk within five (5) business days of the change taking effect. (c) The Offices of the City Clerk and the Mayor shall keep on file all such agendas and meeting minutes received pursuant to this section for public inspection, but in no event shall such documents be maintained for a period longer than eighteen (18) months. Copies filed with the Offices of the City Clerk and the Mayor are filed for informational purposes only and shall not be considered official copies which are required to be maintained by each such entity pursuant to the Indiana Open Door Law. (d) Compliance with this section shall be undertaken by the standing committee having overall jurisdiction over such entity. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~~ Member of the Common Cou it 1st READING 3 - ~ Z~01 PUBLIC HEARING `{-q-01 QS 0.~+^G"~~ 3rd READING ~_R-0\ 0.S GCw~2~?~~ NOT APPROVED REFERRED PASSED y~~~ c1 0.vn.Q,~~~ ~i(ed to Clerk's office APB 1 ~ 2001 l.ORBTlA J. tri1DA CITYCLERS(, 80. BEIJD.iAJ. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 24-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN CHAPTER 2, ARTICLE 1 ADDRESSING THE COMMON COUNCIL AND AMENDING CHAPTER 2, ARTICLE 5, SECTION 2-58 ADDRESSING REQUIREMENTS OF ALL BOARDS, COMMISSIONS AND OTHER ENTITIES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as amended as follows: Chapter 2, Article 1, Section 2-10 (i) (1) PARKS, RECREATION, CULTURAL ARTS AND ENTERTAINMENT COMMITTEE: Chapter 2, Article 5, Section 2-58 (1) File with the Offices of the City Clerk and the Mayor written confirmation of the name of the entity; names of its current members and by who each member was appointed; term of appoint of each member; names of the current officers; mailing address; telephone number; facsimile number; e- mail address; official website if any; and the dates, time and location of all regular meetings. Chapter 2, Article 5, Section 2-58 (3) File with the Offices of the City Clerk and the Mayor a copy of the meeting minutes at least ten (10) business days following the meeting held. All boards, commissions, committees and other entities filing minutes may file interim minutes, however once such minutes are approved each such entity must file and accurate set of minutes marked "Official" with the Offices of the City Clerk and the Mayor in a timely manner. Andrew Udjak Chairman