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HomeMy WebLinkAboutBill 18-16 Deleting Sections 2-9.1 Addressing Policies governing City-owned technologies(574) 235 -5980 March 21, 2016 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 ;,,rsovte`e�, oar ��c dy Cam` t,q,k YlACk 1� sY1�x, Common rvCouncil City of South Bend Indiana Tim Scott, Council President 4th Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile Re: Ordinance to Repeal Ordinance No. 10343 -14 Dear Council Members: (574)235 -5567 TTY /TDD As the original sponsors of Ordinance No. 10343 -14, we are recommending that the ordinance which we sponsored, along with former Council Member at Large Derek D. Dieter, which formally created policies and procedures for South Bend Common Council Members regarding city -owned technologies, Facebook standards, social media and social networking be repealed. We did not anticipate that a sitting member of the Council would initiate litigation against the City of South Bend challenging the regulations. In light of that action, which is currently being defended by the City's Department of Law, we believe it would be best to repeal the regulations. Thank you. Si Cott, j ,un White Member at Large Gavin Ferlic Council Member at Large Attachment Filed in Clerk's Office F n KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1 OF THE SOUTHBEND MUNICIPAL CODE BY DELETING SECTIONS 2 -9.1 ADDRESSING POLICIES AND PROCEDURES GOVERNING CITY -OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA AND SOCIAL NETWORKING POLICIES AND PROCEDURES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council passed Ordinance No. 10343 -14 on December 8, 2014, which policies and procedures governing city -owned technologies, facebook standards, social media and social networking regulations for members of the South Bend Common Council. Those regulations were based on best practices and included among other things that the Council's Information and Technology Committee would be responsible for ongoing training and educational sessions for the Council Members. Similar regulations for such training are required by the House Ethics Committee for members of the U.S, House of Representative. The ordinance called for an effective date of February 2, 2015. Oliver Davis, Jr. filed a lawsuit against the City of South Bend, Indiana in the United State District Court, Northern District of Indiana, South Bend Division, No. 3:14 -ev -2082 RLM -CAN challenging the regulations. In the interest of amicably resolving concerns, the original sponsors of Ordinance No. 10343 -14 filed Resolution No. 4419 -15 which was adopted by the South Bend Common Council and "delayed indefinitely" the effect date of the ordinance's regulations. On March 4, 2016, the United States Magistrate Judge in the pending lawsuit issued an Order establishing a deadline of March 31, 2016 regarding the stayed judicial proceedings for the parties. In the interest of minimizing any potential costs resulting from the pending litigation, this ordinance would repeal in its entirety Ordinance No. 10343 -14. JYo« 5Krelc'm, ae ©nliab?al ytfie' c6,m tuna '&cia zei`o't/ze Viy clot ,,t / aiz, ,XY-u4 ia, a1fo1�o6 : Section I. Ordinance No. 10343 -14 passed by the Common Council on December 9, 2014, is hereby repealed in its entirety. Ordinance Repealing Ordinance No. 10343 -14 Page 2 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal.publxcation. Tim Scott, 1 Distract Council Member Office of the City Clerk m. Karen/L. White, Council Memb t Large Gavin Ferlic, Council Member at Large Meienlr Gby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2016, at o'clock _. m. Office of the City Clerk 4ww"eeGana!6i��ae�Gby me on the day of , 2015, at o'clock Pete Buttigieg, Mayor City of South Bend, Indiana LFi n Clerk's Office st READING PUBLIC HEARING 3 rd READING NOT APPROVED EEMAH FOWLER REFERRED RK, SOU TH FEND, IN PASSED -'~