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HomeMy WebLinkAbout01-05-09 Organizational Meeting ORGANIZATIONAL MEETING JANUARY 5, 2009 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, January 5, 2009, at 7:30 p.m. The meeting was called to order by Councilmember Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Henry Davis, Jr. 2 District rd Thomas LaFountain 3 District th Ann Puzzello 4 District th David Varner 5 District th Oliver J. Davis 6 District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large Absent: None OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy ELECTION OF COUNCIL PRESIDENT FOR 2009 Councilmember Puzzello nominated Councilmember Derek Dieter for the office of President. Councilmember White seconded the motion. The motion carried by a roll call vote of nine (9) ayes. ELECTION OF COUNCIL VICE-PRESIDENT FOR 2009 Councilmember White nominated Councilmember Oliver Davis for the office of Vice- President. Councilmember Kirsits seconded the motion. The motion carried by a roll call vote of nine (9) ayes. ELECTION OF CHAIRPERSON – COMMITTEE OF THE WHOLE FOR 2009 Councilmember Henry Davis nominated Councilmember Dieter for the office of Chairperson, Committee of the Whole. Councilmember Kirsits seconded the motion. The motion carried by a roll call vote of nine (9) ayes. RE-APPOINTMENT OF COUNCIL ATTORNEY – 2009 Councilmember Dieter made a motion to retain Attorney Kathleen Cekanski-Farrand as Council Attorney for 2009. Councilmember Henry Davis seconded the motion. The motion carried by a roll call vote of eight (8) ayes and one (1) nay. Councilmember Rouse explained his nay vote was due to unresolved issues with the internal audit conducted on July 25, 2008, dealing with independent contractors and being in compliance with IRS regulations. He stated that until all those issues are resolved he could not vote in favor. Councilmember White questioned what issues are unresolved. Kathleen Cekanski-Farrand disclosed that she has a direct conflict of interest in this matter. She stated that the Resolution that was adopted by the Council was a statement of philosophy that is not binding on the Council. There were several issues and to the best of her knowledge she has attempted to work through Councilmember LaFountain’s committee to address those items on an on-going basis with regard to the more detailed 1 ORGANIZATIONAL MEETING JANUARY 5, 2009 contract. She also stated that she had willingness and brief conversations today with former President Rouse to address those items on an on-going basis. She stated that under City Code the only action that the Council is taking this evening is to appoint a Council Attorney and that is Section 2-7.2, where the Council President makes a recommendation to the Council and then takes formal action. She reiterated that she is more than willing to work with the Council on all of those items. Councilmember Rouse stated that he appreciates the parliamentarians’ statement, however, he called to the Council’s attention that in 2005 there were some issues that could not be completely resolved concerning the appointment. There was already a precedent when there is unfinished business of concerns that they continue that until those can be resolved and refer directly to the Organizational Meeting in 2005. Councilmember White stated that in regard to those unresolved issues could the Council put a time frame on when those issues will be resolved. She stated that the Council Attorney stated that she has had discussions with individual Councilmember’s. She stated that she hoped that it would come back to the whole Council and have clarity as well. She recommended that as the Council looks at these unresolved issues that as a Council they be committed to a period of time to address these issues and that the full Council would be involved in those discussions. She stated that openness and transparency needs to take place. She stated that she will be making a statement under unfinished business that is critical for this Council as they move forward in 2009 in light of the issues that she stated that she has shared with newly elected Council President Dieter that are critical issues that the Council needs to address. Council President Dieter stated that he will speak with Councilmember Rouse to discuss those items of concern. Councilmember Rouse stated that he favors the staff attorney. The problem is that he is very uncomfortable voting in light of the precedent set in 2005, where they did not appoint the Council Attorney at the Organizational Meeting, and reiterated that he has an uneasiness about doing that without those issues being resolved. He stated that is the reason for his nay vote. Councilmember White stated that in 2005 an evaluation process was put in place and because of the lack on the Council’s part to move forward with that process is why this issue has come up again. She stated that City Clerk John Voorde researched information for the Council and presented it however, it was never acted on. She stated that she and Councilmember Puzzello had discussed what those expectations were and that they should be clearly articulated not only to the Council but to the Council Attorney as well. She stated that the Council has not moved forward with the process therefore, it has come up and it is not a question of the creditability of the Council Attorney, but that the Council did not have the evaluation tool in place, so that is another area that the Council as a whole needs to look at put that process in place. Council Attorney stated for the record that either in 2005 or 2006 attached to her Annual Council Attorney Report, she provided two (2) evaluation forms that are used for Attorney’s and there was no further discussion on that. She also stated that last year as part of the post discussion, she submitted to Councilmember LaFountain, Chairperson, Personnel & Finance Committee as directed to do an early Council Attorney Annual Report which was provided to the entire Council. UNFINISHED BUSINESS Councilmember White welcomed the newly elected officers for the Council for 2009. She stated that she is very excited about the opportunities that the Council has to work collectively together. She stated that she has discussed with newly elected Council President Dieter that there are nine (9) Councilmember’s and that they must work more closely together than they have in the past. She believes that communication needs to be shared with all nine (9) Councilmember’s. She stated that they talk about transparency and that needs to start with the Council. She advised that she has some concerns about 2 ORGANIZATIONAL MEETING JANUARY 5, 2009 the upcoming year. She noted that with HEA 1001 that the Council will have to work diligently in looking at all budgets and make some difficult decisions for 2009 and 2010. She stated that it will take all nine members working very closely together as they look at the budget line item by line item. She wanted to go on record this year especially that she is going to pledge to be as open and direct as possible. She pledges to share information to the best of her abilities and expect that in return from each and everyone of the Councilmember’s. She encouraged all Council Members to keep the lines of communication open and to promote transparency. Council President Dieter thanked the Council for the honor of serving as President of the Council for 2009. He thanked President Rouse for his leadership over the past several years. Council President Dieter encouraged the Council to work together to make 2009 a great year. Councilmember’s Ann Puzzello and Oliver Davis thanked the Council for their appointments. ADJOURNMENT There being no further business to come before the Council the meeting adjourned at 7:48 p.m. ATTEST: ATTEST: _________________________ ________________________ John Voorde, City Clerk Derek D. Dieter, President 3