08-12-74 Council Meeting Minutes

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REGULAR MEETING AUGUST 12, 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 441 -74 (CONTINUED) WHEREAS, allegations of misconduct charges within the South Bend Police Department have been made by a group ot'officers; and WHEREAS, the allegations have been made to overlook enforcement of laws in certain areas of the city; and WHEREAS, the public in general, from time to time, has made complaints about the manner in which the Police Department responds to citizens' calls for police service. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION 1. That a public investigation be made of the South Bend Police Department by the Common Council and any other personnel deemed necessary for a thorough investigation of the above allegations and other matters to insure that the Police Department will serve the citizens in an impartial, efficient and courteous manner. SECTION 2. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Walter T. Kopczynski Member of the Common Council A public hearing was held on the resolution at this time. Councilman Kopczynski indicated that he felt the citizens had a right to know what was going on in the Police Department. He felt this investigation should be made public and the administration should not make the investigation of one of its own departments. He also felt that the Council should investigate the department because it was a duty entrusted to it by state law. He talked about the various complaints received in the past on the kind of police service the citizens were receiving. He felt the department operated under "a veil of secrecy ", and he wanted a public investigation to make the facts known to the citizens. He stated that it was the Council's duty to investigate the Police Department and restore the confidence the people should have in that department. He urged the Council to adopt the resolution and take the necessary steps to correct the problems within the Police Department. Mr. Maurice Cohen, 725 East Eckman Street, felt the Council should conduct an investigation. He felt it would not be feasible to have the Crime Commission conduct the investigation, and he also urged passage of the resolution. Mr. James Russell, 1517 North Fremont, again brought up the subji of police brutality. Council President Nemeth stated that the resolution re- states the responsibi: given the Council by law; however, the Crime Commission had been created in order to make recommen• dations concerning the department. He felt that the Crime Commission should go first and make its recommendations, if necessary. Then the Council could go ahead and make its recommendations. He urged that the Mayor propose a request for revenue sharing funds for the Crime Commission in order to get the commission off the ground. He felt the Council would not "shirk its responsibility ". Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning Association, stated that a series of meetings have been held and a report would be made shortly concerning the commission's findings and recommendations. She indicated that the commission was waiting for word on whether or not the state police would enter the picture. Mr. James Barcome, City Controller, indicated that an ordinance proposing $7,500 for the Crime Commission would be forthcoming at the next Council meeting: Mrs. Janet Allen, 125 West Marion Street, disagreed with the use of revenue sharing funds for the Crime Commission. She stated that she endorsed the con - cept of the proposed resolution. Councilman Taylor indicated that the original concept of the Crime Commission had been his idea and Council President Nemeth had written the ordinance. He talked about the lack of trust between the citizens and the city officials. He stated that he did not approve of all the "pre- judgment" that was being made. He stated that the Council placed no restrictions on the Crime Commission and had no control over the commission. He stated that the Mayor had no power over the commission either. He felt the commission was a citizens' commission as it was intended to be, and he stated that he agreed with the statements made by Council Presides Nemeth concerning the proposed resolution. Councilman Parent stated that, on one hand, people fee: the Council should look into the matter, and on the other hand, the Crime Commission would not be objective in making recommendations. He felt there was no logic in that. He felt the Crime Commission and the state police and prosecutor would be able to accomplish the job. If not, the Council could step in and take over., Councilman Szymkowiak felt that the money should be appro- priated for the Crime Commission in order that it could start the investigation. He agreed with the proposed resolution; however, he felt the Crime Commission should conduct the investigation. He felt the proposed resolution could be used "as the arm needed." to complete the investigation, if necessary. For that reason, Councilman Szymkowiak indicated that he would vote in favor of the resolution. Mr. Kenneth Fedder, Deputy County Prosecutor, spoke on behalf of the prosecutor's staff. He stated that he had caused a telegram to be sent to Governor Bowen to have the state police conduct the investigation. He stated that eventually the personnel assigned to the inves- tigation would come from other parts of Indiana, and the investigation would not be conducted by the prosecutor's office. He stated that a meeting would be held and it would be requested that the state police and the Crime Commission would investigate the issue. Councilman Kopczynski stated that, when the investigation was complete, the Council should thoroughly study the recommendations. Councilman Kopczynski made a motion that the resolution be adopted, seconded by Councilman Szymkow: Mr. Russell wondered about a public hearing so that the citizens would be aware of the issue. Mr. Fedder stated that this would have to be determined by the state police and the Crime Commission. He stated that the investigation was being culminated. There was a call for the question. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Taylor made a motion to recess, seconded by Councilman Szymkowiak. The motion carried, and the Council recessed at 12:15 p.m. Reconvened at 12:25 p.m. ORDINANCES, FIRST READING ct ity it Gak.