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HomeMy WebLinkAboutAmending Ch 2 Article 1 by deleting sections 2-9.1, addressing policies and procedures govering media and social networking policies and proceduresORDINANCE No. 10435 -16 Passed by the Common Council of the City of South Bend, Indiana April 11, 20 16 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 11, , 20 16 City Clerk Approved and signed by m �' 20 Bill No. 100- 111' Ordinance No. 1 () i �b 6 ` I LO 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 -cv -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. 0elv�elc-)e Mr, J� ©, ,-,-Ia mlly t/ze '&&mw1cw l/ze �v�t /r iz�l Jv2��uc�2a; ad fo'l�c�ccul 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..publication. Tim Scott, 1 District Council Member Oil _e4-ltz� 4Z55��e --- Q Kare L. White, Council Memb t Large Gavin Ferlic, Council Member at Large M2e /cw1eWby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of ajr,` , 2016, at o'clock . m. f of the City C16k »cure <G�r�� <�ar��lea!by me on the day of , 2015, at 3P o'clock Pete Butt' 'eg, or City of South end, Indiana st READING 3/10(40 PUBLIC HEARING 4 / III Itf 3 rd READING 4% NOT APPROVED REFERRED PASSED 4/11 /10 Filed in Cleric's Office REEMAH FOWLER CITY CLERK, SOUTH BEND, IN (574) 235 -5980 March 21, 2016 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 O,gIjUTN bE FV C: irs Common Council 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. White Couikcil Member at Large Gavin Ferlic Council Member at Large Attachment Filed in Clerk's Office KAREEMAH FOWLER CIIY CLERK, �C�i RE€ , IN