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' r t <br /> Health and Public Safety Committee <br /> South Bend Common Council <br /> Council Member Puzzello asked the Council Attorney to address some of Mr. Leone's <br /> points. <br /> The Council Attorney noted that the Council was given a memo dated November 4, 2004 <br /> along with a cover letter from Council Member Puzzello (copy attached). That memo briefly <br /> summarized the governing state laws which enable the Council to establish regulations which <br /> they believe are need for the "effective operation of government as to local affairs". She noted <br /> that several other 2nd class city Board of Public Safety regulations were briefly summarized. <br /> Many have established criteria for their boards and the areas inwhich they would operate, and <br /> she cited Evansville as an example. As to the quorum issue, it is specifically governed by state <br /> law. She noted that Mr. Leone's question as to what would happen if the public safety official <br /> would not be present would be similar to asking whether the Common Council could take action <br /> when one of its District members would be absent. If a quorum of the body is present, business <br /> can take place. She noted that setting criteria for the Board would not be "plowing new legal <br /> ground". <br /> Mayor Luecke noted that Board Members serve now at the will of the Mayor. The <br /> Council Attorney noted that that procedure would continue. <br /> Dr. Varner stated that he believes the ordinance is a good idea, and in particular the <br /> proposals for the Board of Public Safety. Having one (1) of five (5) members on the Board of <br /> Public Safety with a public safety background "makes sense". That person's professional <br /> expertise could be shared with the other board members. Dr. Varner stated that he believes that <br /> having one person with experience in the public safety arena would be"good and reasonable". <br /> Council Member Pfeifer stated that she likes having a 5-member Board of Safety and <br /> likes items aimed at better communication and sharing more information. She stated however <br /> that her concern is "making it permanent and therefore it would be inflexible". She noted that <br /> perhaps because of the neighborhood in which she lives, and the 20-year history of the <br /> community, things have not gotten any better. Efforts have been under way to get a citizens <br /> review board. There are issues related to the "community of color" and the police department, <br /> and sometimes the fire department. She questioned what message would be sent to the <br /> community since they are continuing to struggle with the police department. She stated that she <br /> has a problem of the requirements being mandated. <br /> Council Member Puzzello stated that state law governs the rights and responsibilities of <br /> the Board of Public Safety. If there was a citizens review board, it would not take the place of <br /> the Board of Public Safety. <br /> Council Member Pfeifer stated that she is concerned about inappropriate behavior and <br /> not being respectful to others concerns. She added that she is not mixing a citizen review board <br /> with the Board of Public Safety. <br /> Health and Public Safety Committee November 8,2004--page 3 <br />