05/29/07 Committee Meeting Minutes

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111~~, Council Rules Committee Meeting 20D7 South Bend Common Council The May 29, 2007 meeting of the Council Rules Committee of the South Bend Common Council was called to order by its Chairperson, Council President Timothy A. Rouse at 3:30 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Varner, White, Dieter, Kuspa, Kirsits and Puzzello; City Clerk John Voorde, Public Works Director Gary Gilot, Bob Mathia, Don Inks, Beth Leonard, Mrs. Kopola, Richard Hill, Martin Wolfson, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council President Rouse noted that the committee members include Council Members Kuspa, Puzzello, White, Varner and himself. Discussion of Sec. 2-12.3 of the South Bend Municipal Code Addressing "Procedures for Addressing Citizen Appointments: Council President Rouse noted that at the May 14th meeting of the Community and Economic Development Committee a waiver submitted on behalf of Baker & Daniels was one of the items on the agenda. One of the citizen members, Phil Panzica, raised many questions and voiced opposition to the request. President Rouse noted that a letter was later hand-delivered from Richard Hill's office, the managing partner of Baker & Daniels, raising concerns; with Mr. Panzica also sending a letter to the Council thereafter. Copies of Saufh Bend Municipal Code Sec. 2-1.3 were distributed and reviewed by the Council President. (Copy attached). He noted that the heart of the issue was potential conflicts of issues and he then called upon the Council Attorney to address this issue. The Council Attorney noted that all citizen members are governed by the same Indiana Uniform Conflict of Interest Disclosure policies and procedures as are the Council Members. Copies of her memorandum addressing this topic were distributed along with a copy of Form 236 entitled "Uniform Conflict of Interest Disclosure Statement" pursuant to Indiana Cade 35-44-1-3 (copy attached) She noted that the Common Council was proactive under then Council President Roger Parent when the citizen member concept was first developed. Providing opportunities for more citizen involvement was one of the driving farces behind the initial legislation. She noted that in light of Ms. Sobel's recent letter that it is important to stress that the actions taken by the Standing Committee's are advisory in nature, and that ali final action is taken by the Common Council Members. She also suggested that perhaps the Council needs to be more proactive when appointing citizen members with regard to better articulating their roles, duties and responsibilities.