HomeMy WebLinkAbout04-23-09 Personnel and Finance & Health and Public Safety~~
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PERSONNEL AND FINANCE &
HEALTH AND PUBLIC SAFETY APRIL 23, 2009
P & F Committee Members Present: Tom LaFountain, Chairperson; David Varner, Vice-
Chairperson; Karen White; Oliver Davis
HPS Committee Members Present: Karen White, Chairperson; Ann Puzzello; Henry Davis,
Jr.; Timothy Rouse; Marcus Ellison, Citizen Member
Other Council Members Present: Derek Dieter; AI "Buddy" Kirsits
Others Present: Mayor Luecke, Catherine Fanello, Jeffry Walters,
Charlotte D. Pfeifer, George Lane, Aaron Lowery, Mel
Reed, James Walsh, Kathleen Cekanski-Farrand, Chief
Boykins, Steve Goen, Jackie Rucker, Phill Johnson,
Jamie Loo, Chuck Leone, Hardie Blake
Agenda: Bill 29-09 User fees for Public Safety
Karen White, Chairperson, Health & Public Safety Committee and Tom LaFountain, Chairperson,
Personnel & Finance Committee called the meeting to order at 5:00 p.m. They introduced their
respective committee members and gave a brief backdrop to the purpose of Bill 29-09, whit it was
drafter, its intended purpose, and finally, today's hearing to further public discussion on the bill.
Tom said during last summer's police and fire negotiations the importance of finding new revenue
streams to supplement a budget compromised by HEA 1001, was discussed. In light of that he
asked Council Attorney Farrand to research what other cities do to defray expense incurred by
the additional services required for special events and visiting dignitaries. Tom turned to Attorney
Farrand for her background summation and rationale for the bill that came to be to address these
extraordinary expenses. She outlined the Council's right and scope of authority under Indiana
"home rule" statutes. Most importantly in this instance the Council clearly has the right to set fees
for services as long as they met several criteria: fees were based on a reasonable recovery of
costs, were clearly stated, fairly established, and universally applied. She maintained 29-09 met
all of the criteria. To that end she described the methodology used to establish fees. She added
that in her legal opinion the bill she drafted has a sound, legally defensible basis.
Councilmember LaFountain then with a handout to illustrate (attached} detailed costs incurred by
several departments beyond the SBPD when special events or visiting dignitaries require special
services. As an example he costed the visits of Senator Clinton and Obama during last year's
Presidential primary. Karen White asked Police Chief Boykins to share his opinion on whole
issue; Chief Boykins said his police dept. provided special services for about 90 events last year
for everything from a funeral escort to a wide range of services for visiting dignitaries. These
services cost his Police Department budget at least $50,000 a year. He said only two events
requesting special services reimbursed the city namely the Sunburst and the Salmon Chase. He
also stated the City should welcome visitors and community events like Cinco de Mayo and the
above mentioned. He also indicated actual costs for services could be calculated. Because of
the tax caps in HEA 1001-08 he endorsed the search for additional revenues. Tom LaFountain
then introduced the Mayor to share his thoughts. Mayor Luecke began by referencing City
Attorney Chuck Leone's memo (attached) which raises some legal concerns at 29-09 He then
asked the Council to please include the administration when calculating and setting fees the City
will have to defend and collect. He then introduced Phil Johnson and Jackie Rucker from Notre
Dame with whom he had discussions about reimbursement for services N.D. may request. The
Mayor said an agreement had been reached with ND and a dollar figure had already been
determined. He said these reimbursement dollars would go to the general fund then could be
appropriated to the Police Department budget.
Councilmember Henry Davis asked what the dollar figure was and how it was determined. The
Mayor responded the agreed figure was $37.00 per hour per officer. Councilmember Davis said
he was concerned completely recouping the costs fairly and completely. He added as a
representative of his district he has a responsibility to citizens to find revenues to support services
they have come to expect.
A rather contentious back and forth between Davis and the Mayor about which costs should be
reimbursed, by whom, and at what level. Councilmember Varner weighed in asking the Mayor if
he was comfortable with the fees in the ordinance. The Mayor said no. Councilmember Puzzello
who had been a party to wage negotiations last summer said finding new revenues, and
calculating costs fairly had been discussed then. Avoiding cuts in the public safety sector was
paramount for the Council, she added.
Councilmember LaFountain then asked for comment from the public.
Mel Reed said the "race issue" is still the most important issue this country faces. He then issued
a warning of sorts that if they Council passed this bill prior to President Obama's visit, the 35% or
so of African-Americans in the City, might perceive this as racially motivated raising the possibility
of a summer of unrest. Mr. Reed asked the Council to hold-off any action until after the Obama
visit to Notre Dame. Otherwise he stated, unintended consequences prompted by these racial
perceptions could lead to civil disturbances.
Charlotte Pfeifer a former 2"d District Councilmember added that while she did not believe the
Council had any hidden agenda racial or otherwise, the body should be aware that Obama's visit
would be seen around the world. South Bend and its Council would be judged by their reception.
Too many perceptions of Obama's visit be they racial, religious, abortion rights, or political were
too complicated and volatile to act now. Prudent delay and reflection would better serve the
people of South Bend.
Sgt. Jim Walsh, South Bend Police Department said he had public safety concerns. While
special services should be provided, not getting reimbursed fairly, compromises the Police
Department's ability to respond to day to day safety concerns.
Catherine Fanello, City Controller, said a thorough cost accounting should precede setting fees.
City Attorney Chuck Leone thought the bill needed a better legal basis for who, when and what
rates can be levied. He offered to work with the Council on these legal issues.
George Lane sympathized with the City's serious financial dilemma; but felt the President should
not be charged, it being an honor to have him visit.
Council President Dieter said the Council appreciated input from the public and was always
interested in finding common ground with the Mayor. Further, in light of the Mayor's revelation
that he had already negotiated a settlement with Notre Dame, he would recommend the Council
pull back, table the bill, and have more discussion.
Councilmember LaFountain said he appreciated Notre Dame's willingness to help as indicated by
the Mayor. Because of this and possible misperceptions he also felt a delay beyond President
Obama's visit was appropriate.
Councilmember rouse spoke to the complexity of the issue of who pays for what.
Councilmember Oliver Davis said he was glad for the delay.
Councilmember Henry Davis said the Council had to keep focus on their fiscal responsibilities.
There being no further business to come before the committee at this time, Chairperson's White
and LaFountain thanked everyone for their participation and adjourned the meeting at 6:13 p.m.
rtom LaF6untain, Chairperson
Personnel and Finance Committee
Karen L. White, Chairperson
Health and Public Safety Committee