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REGULAR MEETING DECEMBER 14, 2015 <br />very quickly. Councilmember Davis also stated there needs to be a very clear role of what is self - <br />defense because if someone shoots a warning signal his understanding is that a warning signal is <br />still illegal. He stated there are times when he sees the wisdom of a warning shot and would look <br />at this bill to reform that because this would harm the victim. He stated he hoped those looking at <br />that would give some understanding to the importance of shots fired in self - defense. <br />Councilmember Dr. Ferlic stated he fully endorsed this public measure. <br />Councilmember Davis Jr. stated Indiana does have a stand your ground law but you still have a <br />state law that covers us and protects people so they won't be victims of someone trying to hurt <br />them. <br />Councilmember Dieter made a motion for favorable recommendation to full Council concerning <br />this bill. Councilmember Ferlic seconded the motion which carried by a voice vote of nine (9) <br />ayes. <br />BILL NO. 74 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND, INDIANA, AMENDING <br />CHAPTER 2, ARTICLE 8, BY THE ADDITION OF NEW <br />SECTION 2- 125. 2 ENTITLED POST CITY EMPLOYMENT <br />RESTRICTIONS <br />Councilmember White reported that the Personnel and Finance Committee met and send this bill <br />with no recommendation as they did not have adequate time and wished for public input. <br />Councilmember Henry Davis Jr., 5117 Idlewood Dr., spoke as the petitioner. He stated the <br />attached proposal would alleviate transparency and this bill would call for a one (1) year <br />prohibition of any City employee for leaving for a company that they worked within their role as <br />City employees. <br />Councilmember Davis Jr. stated in an employee's tenure they still have three hundred and sixty - <br />five (365) days from the time they put together a deal. He stated currently under the Mayor's <br />executive order on ethics he has given the ability to wave this order but is silent under the <br />proposed one (1) year employment ban that is set by State code. He stated the State has a similar <br />ban to the one he is proposing. He reported he attached the State of Indiana, New York, Federal <br />Government and City of Chicago bans as well to the ordinance. <br />Councilmember Scott asked if this included the Council. <br />Councilmember Davis Jr stated yes, however the Council has not negotiated a contract. What <br />this bill is doing is making sure the people who are purchasing, the Board of Public Works, etc. <br />who are making a determination of who gets a contract. Councilmember Davis Jr. said this does <br />not affect whether your vote should be yay or nay but rather for the folks in Public Works or the <br />Mayor's Office who do have that authority. <br />Councilmember Scott asked how this will be enforced and who would go and verify that the <br />person left to work for a company that did business with the City and who would investigate? <br />Councilmember Davis Jr. responded that these are our laws and it is not the responsibility of the <br />taxpayers to hold them responsible. He stated if there is a whistle blower who comes in and says <br />Mr. Doe is working for Company A that will be enough. <br />Councilmember Scott asked has this been tested in court between an individual that has left and <br />whether it has held up. <br />Councilmember Davis Jr. said he has no data but if someone enters an agreement they know the <br />responsibilities and it is up to that individual. He stated that comes with choosing this job. <br />Councilmember Ferlic asked if this prosecuted the individual or the company and stated <br />employees don't sign contracts. <br />Councilmember Davis Jr. responded that you have a hand book that states your responsibilities <br />which is an agreement. <br />6 <br />