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REGULAR MEETING JULY 23, 2012 <br /> <br /> <br /> <br />reiterated that this bill would appropriate those funds from General Fund 101 to <br />reimburse Solid Waste Fund 610. <br /> <br />This being the time heretofore set for the Public Hearing on the above bill, proponents <br />and opponents were given an opportunity to be heard. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this bill, Councilmember Dieter made a motion for favorable <br />recommendation to full Council concerning this bill. Councilmember Oliver Davis <br />seconded the motion which carried by a voice vote of nine (9) ayes. <br /> <br /> <br />BILL NO. 26-12 PUBLIC HEARING ON A BILL OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, AMENDING ORDINANCE <br />NO. 10119-11 FIXING SALARIES AND WAGES <br />OF APPOINTED OFFICERS AND NON- <br />BARGAINING EMPLOYEES OF THE CITY OF <br />SOUTH BEND AND TRANSFERRING FUNDS <br />FROM CERTAIN ACCOUNTS TO OTHER <br />ACCOUNTS <br /> <br />Councilmember Dieter made a motion to continue this bill until August 13, 2012. <br />Councilmember Varner seconded the motion which carried by a voice vote of nine (9) <br />ayes. <br /> <br /> <br />BILL NO. 20-12 PUBLIC HEARING ON A BILL OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, AMENDING CHAPTER 2, <br />ARTICLE 8, BY THE INCLUSION OF NEW <br />SECTION 2-125.1 OF THE SOUTH BEND <br />MUNICIPAL CODE ADDRESSING <br />WHISTLEBLOWER PROTECTION <br /> <br />Councilmember Oliver Davis made a motion to hear the substitute version of this bill. <br />Councilmember Varner seconded the motion which carried by a voice vote of nine (9) <br />ayes. <br /> <br />Councilmember Henry Davis, Jr., and Councilmember Tim Scott, made the presentation <br />for this bill. <br /> <br />Councilmember Henry Davis advised that since the initial version of the proposed <br />regulations were filed with the Office of the City Clerk on June 6, 2012, the Council <br />Attorney and Interim City Attorney have had the opportunity to meet and do additional <br />detailed research. As a result, the proposed regulations reflect their join <br />recommendations based on case and statutory authorities addressing alleged retaliatory <br />th <br />adverse employment actions. Cases from the Indiana Court of Appeals and the 7 Circuit <br />Court of Appeals have been reviewed and a reference to some of those decisions are now <br />included in the footnote referenced included in the substitute bill. The changes have been <br />highlighted in the substitute bill to indicate new language which is underlined and prior <br />language which is now proposed to be deleted being crossed out. Councilmember Scott <br />advised that some of the key highlights are as follows: Requires a written complaint to <br />be filed with the Director of Human Resources for the City of South Bend. Requires that <br />such a written complaint must have been filed within thirty (30) days of the alleged <br />retaliatory adverse employment action; Requires that a written complaint be filed on a <br />form proved by the Director of Human Resources; Adds a reference to the Law <br />Department which is one of the Executive Departments established in Section 2-13 of the <br />South Bend Municipal Code; Maintains that any complain which was not filed in good <br />faith, or knowingly or recklessly proved false information or testimony is a violation <br />subject to disciplinary action; Maintains the requirement tat proper training on ethics <br /> 7 <br /> <br />