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CITY OF SOUTHBEND <br />MAYOR JAMES MUELLER <br />OFFICE OF THE MAYOR <br />July 13, 2020 <br />Filed in Clerk s ce <br />JUL Zp2q <br />�W—M <br />CITY CLERK, SOUTH SEND, IN <br />STATEMENT OF ADMINISTRATION'S POSITION <br />Bill_ No. 20-22 — A resolution in support of declaring a state of emergency and establishing an <br />emergency temuorary aid and shelter program <br />The Administration opposes Bill No. 20-22, which would urge the declaration of a state of <br />emergency and establishment of an emergency temporary aid and shelter program for those <br />individuals experiencing chronic homelessness in our community. The Administration continues to <br />work with community partners to identify both short-term and long-term solutions that include the <br />potential establishment of a low -barrier emergency shelter outside of weather amnesty months and <br />making more permanent supportive housing units available for individuals experiencing <br />homelessness. The Administration is also forming an implementation group with Council <br />representatives to see how best we can fill the gaps in services for our homeless neighbors together <br />as a community. This resolution, while legally non-binding, is not constructive and does not offer a <br />viable path forward. <br />There is no mention of the legal authority to declare a state of emergency to address this issue. It is <br />not clear how the authority for the Mayor to declare a local disaster emergency (IC 10-14-3-29) <br />could be applied to this situation. Even if this were an appropriate application of that authority, it <br />would not allow for the suspension of laws and regulations called for in the resolution. <br />While many of the actions contained in the resolution are worthy of discussion, there is not yet a <br />clear consensus that these specific measures provide the best path forward. The resolution also <br />blurs the appropriate separation of roles between the legislative and executive branches. The <br />resolution not only encroaches upon executive branch roles but also asks the Administration to <br />overstep its authority to bypass well-defined roles of the Council and other bodies. In general, the <br />Administration is committed to respect and uphold the Constitution of the United States and the <br />State of Indiana, as well as federal, state, and local laws. Accordingly, the Administration will <br />oppose all such encroachments on our respective roles and encourage consultation and consensus <br />to the maximum extent possible to avoid the need for statements similar to this one in the future. <br />If the Mayor were presented with Bill 20-22, his advisors would strongly recommend that lie veto <br />the bill. <br />********** <br />1400 COUNTY -CITY BUILDING • 227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 46601 <br />PHONE 574/235-9261 - FAx 574/235-9892 • TTY 574/235-5567 <br />