06-11-12 Common Council Meeting Minutes

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REGULAR MEETING JUNE 11, 2012 go back to the people that elected him into office and say look, on “x” date we sent this off, on “x” date we received this back from the Justice Department saying that they received this and moving forward. So whatever you may have that you can share with the Council will give him, he guesses obviously so more education on what’s happened, so he can take care of the constituency base put him into office. Mr. Schmuhl stated that he would be happy to provide that information. Council President Dieter asked if when the information was sent off, were there any questions asked, or did you just say here you go, let us know? Mr. Schmuhl advised that most of it was detailed in the letter that they also sent to Councilmember’s, basically saying that we thought the City was unfit to review the material because of the matter in which they believe it was obtained. Seeking outside counsel which was stated just a moment ago, but also direction from the gentleman, G. Robert Blakely, at the University of Notre Dame Law School, who authored the Federal Wire Tap Act. He stated that he also advised the Mayor and the Administration on this issue. Thinking that an outside entity, like the Federal Government, like the Civil Rights Division, Mr. President and Mr. Vice-President were in a meeting with the Mayor and representatives of the Rainbow Push Coalition, they were seeking the exact same strategy making sure that the Civil Rights DOJ would be able to be engaged in this discussion and that’s exactly what they have done. Council President Dieter reiterated that there weren’t any specific questions. Mr. Schmuhl reiterated that they asked them in the letter. He stated that the letter said there was speculation in our community and in the media and with people that the commentary on these tapes may be inappropriate and may also have improper and potentially whatever types of activity and they want to make sure that they can listen to those and review. Council President Dieter stated that he e-mailed the Mayor, since they are audible, who is going to be responsible for identify voices on there. Mr. Schmuhl stated that he would probably leave that up to their investigators. He stated that if they need to communicate with city personnel or the South Bend Police Department, they certainly have the power to do that. Councilmember Dieter asked if it would be the Interim Chief would be the one to say that is so and so voice, we don’t know. Mr. Schmuhl advised since we haven’t heard from Civil Rights DOJ, at this time, he stated that he thought it would be premature to speculate on that. He stated that when they do respond to our inquiry, he will be sure to keep Council apprised. Council President Dieter stated for the record that the original thing was amended in 1986, and during the Patriot Act also. Councilmember Henry Davis, Jr., asked if we are asking them to open up an investigation or are we just saying you guys do what you may with these tapes? He stated that it’s still unclear. He stated that if he were to send a letter on these tapes, he would ask them to investigate these in hopes of defining whether there should be an investigation or not. Which could potentially say open up an investigation, but just sending them and saying you know do what you may, hope that you may not find anything, hoping that you may find something, may not say anything to them as it being a priority to the City of South Bend, so are we looking to them to do a possible investigation or are we just leaving it up for their expertise. Mr. Schumhl advised that it is their expertise. He stated that the Mayor was very clear. This administration was very clear and Aladean DeRose, the acting City Attorney was very clear in that letter to say that the Mayor is concerned about these rumors, the Mayor 19