01-13-75 Council Meeting Minutes

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REGULAR MEETING JANUARY 13 1975 ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) the ordinance remained as in the cabinet ordinance; however, the second and third paragraphs varies He felt there was a question with the phrase "that the Director of Public Safety shall not serve a: the executive head of the forces ". He felt this was already covered in the statutes and was very specific. He stated that there was no need for further legislation in that area by the Council. He also stated that the cabinet ordinance provided that the Safety Director "shall be a member of the Board of Public Safety ", not "may be a member of the Board of Public Safety" as indicated in Councilman Nemeth's ordinance. Mr. Parker further stated that the statutes also provided that the rules and regulations governing the Police Department shall be promulgated by the Board of Public Safety. Councilman Nemeth agreed that a good part of the ordinance was taken from the statutes. He felt that the problem was that perhaps the Safety Director had not realized the state law, and he felt the ordinance would set that forth. He also felt it was important that the Council pass the ordinance. Regarding the words "shall" and "may ", he indicated that he would have no objection to amending the ordinance in the fourth line of the second paragraph. He made a motion to amend the ordinance to insert the word "shall" in place of the word "may" where it referred to the director serving as a member of the Board of Public Safety, seconded by Council President Parent. The motion carried. Council President Parent stated that he did not feel the ordinance would do the job; however, some deserved attention might be given to the issue. He was hopeful that the Mayor, administration and Director of Public Safety could sit down and discuss the issue thoroughly Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Council President Parent. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Miller made a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The motion carried, and the Council recessed at 9:20 p.m. ATTEST: CITY CLERK IREGULAR MEETING - RECONVENED f ATT CHAIRMAN' Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:33 p.m., Council President Parent presiding and nine member present. (REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the December 16, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth (Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Newburn. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). (REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY Council President Parent indicated that Mr. Gallagher had appeared at the Council's caucus meeting and submitted a written report to the Council members. He asked that the Council accept the report and make it available to the press. ORDINANCES, SECOND READING ORDINANCE NO. 5783 -75 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO COMMON COUNCIL STANDING COMMITTEES. This ordinance had second reading. Councilman Nemeth made a motion to amend the ordinance as amended in the Committee of the Whole meeting, seconded by Councilman Taylor. The motion carried. Councilman Horvath made a motion to pass the ordinance, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5784 -75 AN ORDINANCE APPROPRIATING $26,986.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, . seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).