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REGULAR MEETING June 24, 2019
<br /> that. There will be time in this meeting during Privilege of the Floor, up to thirty (30) minutes,
<br /> where you will be able to share your thoughts or any comments on that.
<br /> Council Attorney Bob Palmer stated, Thank you, Councilmember Dr. Davis. As many of you
<br /> know,there was a press release issued by the Council last Friday,indicating that Council Members,
<br /> individually,would be able to express their feelings about the appointment of a special prosecutor.
<br /> That issue is now moot because a special prosecutor has been requested by County Prosecutor Ken
<br /> Cotter. The Special Prosecutor Statute itself has two (2)provisions that are relevant to the current
<br /> situation.One(1)would have been,acting as individuals,to allow anybody to express their opinion
<br /> to the Prosecutor as to the appointment of a special prosecutor. If the County Prosecutor makes
<br /> that request to a judge,the judge may appoint a special prosecutor. However,if any individual files
<br /> a verified petition with the court, asking for the appointment of a special prosecutor, and the
<br /> Prosecutor, in this case Ken Cotter, has already made that request, if he agrees with that verified
<br /> petition, the court does not have discretion and the court must appoint a special prosecutor. Those
<br /> are two (2)ways a special prosecutor could be appointed. By request, or with the agreement of the
<br /> Prosecutor.
<br /> Councilmember Dr. Oliver Davis stated, Before we turn it back over to President Scott, Council
<br /> Attorney Palmer, can you outline what you told the Council regarding the Department of Justice
<br /> and why you directed us to send the letter to our Prosecutor instead of doing both? I think that
<br /> would give some clarity.
<br /> Council Attorney Bob Palmer stated, At, the risk of waiving Attorney-Client privilege, I advised
<br /> the Council that their focus tonight, had they voiced their opinions about the special prosecutor,
<br /> be limited solely to the special prosecutor and not to request, to the Department of Justice, to
<br /> initiate an investigation. There are a couple of different reasons for that. The first (1st) reason,
<br /> statutorily, that would have needed official action by the Common Council and the Council
<br /> certainly did not have enough time to meet, have a public meeting, and add that to the agenda in
<br /> order to take official action tonight. The second(2' ')reason I advised Council of that was because
<br /> the primary concern of Council, in this particular moment, is the investigation into the possible
<br /> prosecution of the incidents that were involved in the Police shooting. That is an issue solely for
<br /> the State Courts and State Law. That would arise under the laws of the State of Indiana. The
<br /> Department of Justice does not have jurisdiction to enforce any criminal statutes in the State Law.
<br /> As far as criminal liability for such instances, it would be a violation of civil rights, which comes
<br /> under Federal Law and not State Law. So, requesting the Department of Justice to do anything
<br /> with regard to possible criminal charges, at this point, would be farther ahead in the process than
<br /> where we are at now.
<br /> Councilmember Dr. Oliver Davis stated, I thank you for sharing that.
<br /> Council President Tim Scott stated, Thank you. With that said, Mr. Cotter fulfilled the objective
<br /> that was set for today. That was to speak on and allow the public to speak on the request for a
<br /> special prosecutor. While that has been done by Mr. Cotter,it makes that part of the meeting moot.
<br /> We will not have any public meeting or public comment, at this point under special business.
<br /> Again, at the end of the Council Meeting, it's on the agenda, there is Privilege of the Floor. By
<br /> City statute, that is thirty (30) minutes long. People are given three (3) minutes each but they
<br /> cannot discuss anything that was on the agenda tonight. That is the time that is given here for this
<br /> Common Council. We know there are avenues,there have been other avenues for expression, and
<br /> I know going forward, there will be more meetings and organized events around this issue. As far
<br /> as what we heard last night, improvements to the process and the what changes need to be made.
<br /> We wanted to make sure everybody is absolutely clear with that. We thank Mr. Cotter for what
<br /> he's done today. Side note, I apologize for the heat in here. That is the County's jurisdiction, not
<br /> the City's. We've asked them to make it cooler,but I don't think that is going to happen so you're
<br /> going to have to bear with us. No disrespect if some of us lose our jackets during this meeting.
<br /> Also, we do have some continuations that I would like to announce. Substitute Bill No. 14-19 is
<br /> continued to July 8th, 2019. Substitute Bill No. 15-19 is continued to July 8th, 2019. Bill No. 19-46
<br /> is continued indefinitely. Community Relations Committee Chair Councilmember Regina
<br /> Williams-Preston will have more meetings regarding that bill. It is very important to all of us
<br /> Council Members. It was discussed earlier in Committee today but that is continued, and we will
<br /> have citizen input on that, as well. If you are here for those bills, they will not be heard tonight.
<br /> BILL NO.
<br /> 19-44 A SPECIAL RESOLUTION OF THE COMMON
<br /> COUNCIL OF THE CITY OF SOUTH BEND,
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