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REGULAR MEETING NOVEMBER 22,2004 <br /> anyone or any process, I've tried to formulate a method whereby we have standardized <br /> Y Yp � Y <br /> some processes. As earlier mentioned that if you want any information all you need to do <br /> is ask for it. It was stated earlier that there aren't any abuses that we were aware of, yes <br /> there are. Three years ago at a public meeting here in the Council Chambers, Mr. <br /> McMahon was asked if he would submit a copy of his 501C3. Mr. McMahon replied that <br /> anyone could come down to his office and he would show them a copy. Dr. Varner <br /> stated that he had spent two years, sending letters prepared by the Council attorney on <br /> Council letterhead, asking the National Football Foundation, a proposed recipient of <br /> $890,000.00 of City of South Bend Funds for copies of the 501C3. He stated that he <br /> received a letter back from them stating that that information is private. Dr. Varner stated <br /> that he is not asking to incur a burden, but just asking to join with him and other <br /> Councilmember's in making the process public. When you spend public dollars as <br /> precious as they are, that public oversight ensures the fact that people have more <br /> knowledge and more people can weigh in and in fact, you will have a better decision. <br /> The strongest argument tonight is that the bill is just unnecessary. That's a pretty weak <br /> argument, Councilmember Varner pointed out that no one said that it's illegal, and the <br /> reason that it is not illegal is because other cities have various parts of this bill. They <br /> have exercised their right to oversight. Home Rule a state statute, says that the City <br /> Council is responsible for finances, but the administration wants us to hand off$165 <br /> million dollars after budget hearings and never look at it again. Copies of Forms 501C3 <br /> or 50106 should be made readily available to the Council; we should not have to go <br /> looking for them. It should be provided as a matter of record, so if the public wants to <br /> see it it is on file in the City Clerk's Office. We need to take the action to see that this <br /> information is made public and easily accessible. Councilmember Varner stated that the <br /> Mayor said that this bill would make the budget process inflexible, we have made enough <br /> changes in ordinances and resolutions during the time that he has been on the Council, if <br /> it proves to be inflexible, we can change it. The other Councilmember's are willing to do <br /> what every it takes to make this a flexible bill and make it work. Simply summary, the <br /> administration hates it, but it you ask around, the public supports its. We are here to <br /> represent the public that is our sworn responsibility. There will be difficulties along the <br /> way; there will be some procedures and processes that will have to be refined. <br /> Councilmember Varner thanked everyone for their input and commented that the best <br /> solutions are made when everyone has a chance to participate. This may not be the best <br /> solution, but it is a start, and South Bend needs it. <br /> Councilmember Dieter made a motion for favorable recommendation to full Council <br /> concerning this bill as substituted. Councilmember Puzzello, seconded the motion, the <br /> motion failed by a voice vote of 4 ayes, 5 nays. Councilmember White made a motion <br /> for unfavorable recommendation to full Council concerning this bill as substituted. <br /> Councilmember Kelly seconded the motion which carried by a voice vote of 5 ayes and 4 <br /> nays. <br /> Councilmember Dieter called for a roll call vote. Councilmember Coleman, Chairperson, <br /> Committee of the Whole, advised Councilmember Dieter that time had expired to call for <br /> the vote and that it is the Chairman's prerogative to determine the outcome of the vote. <br /> Dr. Varner stated that it is the Council's prerogative to ask for a roll call vote. <br /> Additionally, Councilmember Coleman stated that he thinks he heard more of a majority <br /> of aye votes on the second motion to send the bill to the Council unfavorable. <br /> BILL NO. 77-04 PUBLIC HEARING ON A BILL OF THE COMMON <br /> COUNCIL OF THE CITY OF SOUTH BEND, INDIANA <br /> TRANSFERRING $658,334 AMONG VARIOUS <br /> ACCOUNTS WITHIN FUND 212 "COMMUNITY <br /> DEVELOPMENT" IN THE DEPARTMENT OF <br /> COMMUNITY AND ECONOMIC DEVELOPMENT <br /> Councilmember Kelly made a motion to hear the substitute version of this bill. <br /> Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) <br /> ayes. <br /> 17 <br /> 1 <br />