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- - MINUTES.
<br />Be it Remembered that the Common Council of the City of South Bend, Indiana met in Spec
<br />Session in the Council Chambers in the City Hall, Vand Wednesday evening June 7th, 1933 at
<br />the hour of # 7 :30 o'clock P.' M-., All Members present.' President Nelson presided. -
<br />STATE OF INDIANA• CALL FOR SPECIAL MEETING
<br />ST. JOSEPH COUNTY SS: OF THE COMMON COUNCIL
<br />CITY OF SOUTH BEND
<br />Totthe Members of_the Common Council of the City of South Bend, Indiana:
<br />You are hereby notified that under and by virtue of the authority by law vested in us as
<br />Councilmen of the City of South Bend, of the State of Indiana, a Special Meeting of the Oommo
<br />Council of said City is hereby called for 7y00 o'clock P.'M.,-on Wednesday, June 7th, 1933, ox
<br />soon thereafter as convenient for the purpose of Receiving a Report of the Committee of the
<br />Whole and for third reading and action of am ordinance, which ordinance title is as follows:
<br />AN ORDINANCE FIXING THE SALARIES OF CERTAIN CITY OFFICIALS AND EMPLOYEES OF THE
<br />MUNICIPAL CITY OF SOUTH BEND, INDIANA, AND REPEALING ALL ORDINANCES AND PARTS OF
<br />ORDINANCES IN CONFLICT THEREWITH.
<br />Dated this 7th day of June, 1933'
<br />J.' C• Hiss
<br />John 0. Nelson
<br />Andrew M. Rokop
<br />Geo. W. Goetz
<br />Stephen 0. Grzeskowiak
<br />Members of the Commdin Council
<br />of the City of South Bend, Ind.'
<br />COUNTERSIGNED: (OFFICIAL SEAL )
<br />Gladys M.' Monroe
<br />CITY CLERK
<br />This writ came to hand this 7th day of June, 1933, and I served by reading the same to
<br />each Councilman upon the date designated, as follows:
<br />Irvin W.'Oripe on June 7th, 1933,
<br />and by leaving a certified copy thereof at the last and usual place of residence of such
<br />members as I was unable to find, as follows:
<br />George Hull on -HJune 7th, 1933•
<br />George Goetz on.June 7th, "
<br />John Nelson n 7th,
<br />Andrew Rokop 9 a 7th,
<br />Earl S. Gustin 7th2 "
<br />Glen Oakley a p 7th, «
<br />Grover Whiteman n n 7th,
<br />J. Altfeld a 7th, n
<br />S. C rzeskowiak „ 7th,
<br />J` aworski a 7th,
<br />John_ -0:' Hiss N " 7th, "
<br />Dated this 7th day of June, 1933'
<br />E.' Re Butz
<br />Member of South Bend Police Force.'
<br />The Report of the Call for Special Meeting was accepted by the Council.
<br />REPORT OF COMMITTEE OF THE WHOLE.
<br />To the Common Council of the City of South Bend:
<br />Your.COmmittee of the Whole to whom was referred An Ordinance fixing the Salaries of
<br />certain City officials and employees of the Municipal City of. South Bend, Indiana, and Repeali
<br />all Ordinances and parts of Ordinances-in conflict therewith" Respectfully reportnthat they
<br />have examined the matter, and that in their opinion the said Ordinance should be reported
<br />Favorable* Jnoo C. Hiss., Ohairman. The report was accepted by the Oouncil.
<br />ORDINANCE NO. 30220
<br />An Ordinance Fixing the Salaries of certain City Officials, and employees of the
<br />Municipal City of South Bend, Indiana, and Repealing all Ordinances and parts of Ordinances
<br />in conflict therewith:'
<br />The Ordinance was given its third reading by title, and was placed upon t its passage and
<br />Passed by the following vote: Nelson, Whiteman, Rokop, Goetz, Jaworski, Altfeld, Hiss, and
<br />Grzeskowiak. voting Aye Hull, Oakley Cripe and Gustit voting Nay. Ayes B , Nays 41 Ordinance
<br />adopted.'
<br />REPORT OF THE COMMITTEE OF THE WHOLE. 1933•'
<br />South Bend, Indiana. June 7,
<br />To the Common Council of the City of South Bend:
<br />The Ways and Means Committee makes the following additional report on account of certail
<br />misunderstanding having arisen from the fact that our report to the council of last Monday eve
<br />and the ordinance accompanying the same, proposed to reduce all, salaries by ordinance alone ai
<br />not by resdlution requesting in some cases voluntary reduction.'
<br />Your committee made its report advisedly. It proposed that reductions be accomplished b;
<br />ordinance alone after receiving advice from some of the best legal sources in the city*'
<br />The authority for making reductions by ordinance is found in Section 3, page 273, of the
<br />Acts of the special session of the legislature of 1932. This section provides that the reduc
<br />made mandatory by other sections of the same Act are to be consdidered as maximum salaries,
<br />that „lesgally constituted authority having the power to fix salariesv may fix the salaries i
<br />a lesser amount than presncribed by the Act " subject to the jurisdiction of such legally
<br />constituted authority."
<br />Our advice is to the effect that the common council has sole and complete authority and
<br />jurisdiction, if it chooses to sszt exercise its in the matter of fixing salaries of all off
<br />and employees of the city, limited only as to amount of salary in some cases, except that it
<br />certain n officers whichyauthority isevested- solely works
<br />the
<br />probation officer, Y
<br />Clause 2, of the Revised Statutes.of 1926: -
<br />According to such advice said Section 3 furnishes the council full authority to modify o
<br />( See page 199
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