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RF iiT AR APRIL 8, 1974
<br />X33333. -+�F
<br />IICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />couple months. He stated that the ordinance had already been sent to committee, and he felt that
<br />every eventuality could not be provided for, but he felt the ordinance was a good one. He
<br />suggested that the ordinance not be sent back to committee. Councilman Kopczynski stated that the
<br />amendments made by Councilman Parent, as chairman of the Public Safety Committee, were only given
<br />to the Council members that evening. He felt sufficient time had not been allowed to study the
<br />amendments.
<br />Councilman Taylor made a motion that the ordinance go to the Council as favorable, as amended,
<br />seconded by Councilman Parent. The motion carried.
<br />IIORDINANCE
<br />IIORDINANCE
<br />AN ORDINANCE AMENDING ORDINANCE NO.
<br />4990 -68, AS AMENDED, COMMONLY KNOWN AS
<br />THE ZONING ORDINANCE OF THE CITY OF
<br />SOUTH BEND, INDIANA (CHAPTER 40,
<br />MUNICIPAL CODE) - 2503 Linden Avenue.
<br />and
<br />AN ORDINANCE AMENDING ORDINANCE NO.
<br />4990 -68, AS AMENDED, COMMONLY KNOWN AS
<br />THE ZONING ORDINANCE OF THE CITY OF
<br />SOUTH BEND, INDIANA (CHAPTER 40,
<br />MUNICIPAL CODE) - 2519 Linden Avenue.
<br />Council President Nemeth made a motion to table the above two rezoning ordinances because of the
<br />unfavorable report received from the Area Plan Commission and because the owner of the property
<br />not signed the petition. He also stated that the Area Plan Commission had indicated that it was
<br />considering rezoning the entire neighborhood to the same classification. Councilman Szymkowiak
<br />seconded the motion. The motion carried.
<br />1IORDINANCE
<br />AN ORDINANCE REGULATING SALARIES PAID
<br />TO CITY OFFICIALS AND EMPLOYEES.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Edward Chapleau, 316 First Bank Building, th
<br />Council's attorney, stated that he was not'speaking in behalf of the ordinance but was speaking to
<br />explain the legal implications of the ordinance. He indicated that the statute under which the
<br />ordinance was drafted was Burns Statute 48 -1233, and this was a refinement of 48 -1222. He referre
<br />to subparagraph (b) of the statute where the Council is given the right to regulate salaries of
<br />officials and employees. He referred to the Attorney General's opinion No. 64, dated December 10,
<br />1959, pertaining to the regulation of salaries by the Council. He briefly explained the provision
<br />of the ordinance, stating that the Council shall approve the salaries of each and every appointive
<br />officer, employee, deputy, assistant and departmental and institutional head after the salaries ar
<br />so fixed by the Mayor; that the Council may reduce said salaries but not increase; that no additio
<br />compensation shall be paid to any city employee by the city without Common Council approval; and
<br />that the ordinance would not apply to members of the Police and Fire Departments. Mr. Chapleau
<br />stated that the main purpose of the statute was to have a check- and - balance procedure for the
<br />legislative body. He indicated that the Mayor has the authority to set the salaries, and the Coun
<br />is merely passing on a check- and - balance procedure. He stated that, according to the Attorney
<br />General's opinion, if there are other city employees that are operating within a department create
<br />by a special act, then they would not be affected by the salary ordinance; more specifically the
<br />Department of Redevelopment. He indicated that the Redevelopment Commission would have the author
<br />to set the salaries of the employees. He stated that, according to his opinion, the Department of
<br />Redevelopment would be excepted from the ordinance. It was his opinion that federal funds and
<br />state funds paid to city employees upon the Mayor's designation would be subject to approval of th
<br />Common Council on a general basis. This meant that 48 -1406 gives the Common Council the power to
<br />pass all ordinances, resolutions and motions for the government of the city, for control of proper
<br />and finances and appropriation of money. He felt the Council had the authority to pass on the
<br />salaries coming from federal and state funds. He cited the Airport Authority, the Public Transpor
<br />tation Corporation and Redevelopment as exceptions to the proposed ordinance. Mr. Chapleau stated
<br />that it was not the intent of the ordinance to limit the employees from receiving additional com-
<br />pensation, but to review the additional compensation as a matter of a check - and - balance procedure.
<br />He stated that it does not necessarily imply that passing the ordinance would take away the federa
<br />funds or additional compensation.
<br />Mr. Charles Howell, 1118 Duey Street, stated that there have been people who have said that they
<br />cannot get involved in the political role because part of their salaries were paid from the federa
<br />government. He wondered about this. Mr. Chapleau stated that there was no provision that prevent
<br />this if handled in the appropriate manner. He stated that the ordinance proposed is a general
<br />ordinance and, if there is any law that conflicts, that would be one of the exceptions he had
<br />mentioned. Miss Virginia Guthrie, 403A Lincolnway West, stated that, if the total salary is pre-
<br />sented to the Council and part of the salary comes from a federal fund, only the total is given.
<br />She wondered if the local participation could be reduced by the Council to keep the salaries in
<br />line. Mr. Chapleau stated that the Council can reduce the city's portion and this was provided fo
<br />in the ordinance. Mrs. Janet Allen, 125 West Marion Street, stated that in many of the government
<br />programs and funds, the city must come up with a share of the funds. When the city's funds are
<br />involved, those funds can be controlled or reduced by the Council. Mr. James Roemer, City Attorne
<br />stated that he did not feel there would be any legal arguments to the proposed ordinance. He stat
<br />that the Redevelopment Department, Public Transportation Corporation and Airport Authority would b
<br />excepted from the ordinance. He wondered if Model Cities likewise would be excepted. He felt tha
<br />only a couple employees would be covered under the ordinance. Councilman Miller wondered about
<br />revenue sharing grants being used for salaries of employees, and Mr. Roemer stated that, when ther
<br />is a contract with an agency, there would be an exception. Councilman Miller indicated that he wa
<br />talking about the Civic Center and Youth Services Bureau. He felt that many of the offices were
<br />involved. Mr. Walter Lantz, Deputy City Controller, stated that, if a city employee is receiving
<br />a city salary, that employee cannot enter into a contract with the city. Council President Nemeth
<br />wondered if the Department of Redevelopment could pay a salary to someone and also enter into a
<br />contract with that same person for additional compensation. Mr. Lantz stated that this could not
<br />be done on a contractual basis. Mr. Charles Lennon, Director of the Department of Redevelopment,
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