03-11-68 Council Meeting Minutes

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REGULAR MEETING MARCH 11 1968 REPORT OF ORDINANCE COMMITTEE (continued) Section VI - Preceding Line 123 Delete "DUTIES OF THE COMMISSION:" in the section heading; Insert "'DUTIES OF THE COMMISSION IN RELATION TO THIS ORDINANCE:" "Line 123 Delete in its entirety; insert the following: "The Commission established by virtue of Ordinance No. 4820 -65 of the -Muinicipal. Code--of -the- -City oft SouthfMnd .,Indiana, is "the Commission empowered to carry out the functions and duties so designated under the provisions of this ordinance and it shall be the duty of the Commission to:" Section VI - B Line 128 After "orders," insert the following: "including orders rejecting any claims that may be, in the opinion of the Commission, without merit," Section VII - B Line 134 After "written" insert "and notarized" Section VII - D Line 152 Delete "The hearing shall " and insert the following: "The hearing may be conducted before the Commission at a duly held meeting of not less than a quorum of such Commissioners, or such hearing may be conducted before a hearing officer appointed by the Commission, which hearing officer shall be a member of the Commis- sion. Hearings conducted before the Commission, or a hearing officer, shall be conducted in an informal manner and without recourse to the technical common -law rules of evidence required in proceedings in judicial courts, and such manner of proof and introduction of evidence shall be deemed sufficient and shall govern the proof and decision of all questions of fact, if substantial, reliable and probative evidence supports such Commission's determination. The Commission shall, as a matter of policy, provide for the exclusion of irrelevant, immater- ial or unduly repetitious evidence. Every person who is a party to such proceedings shall have the right to appear in person or by counsel, to submit evidence in open hearing and shall have the right of cross - examination. Such hearings shall be held in the City Hall of the City of South Bend, Indiana." Line 153 Delete in its entirety. Line 154 Delete "(e)" and insert "F "; insert the following new section E before said section F: "E. In the event of such hearing before a hearing officer, as herein set forth, the recommendation of such hearing officer, together with the complete file, shall be submitted to and filed with the Commission. The Commission may hear additional evidence or refer it back to the hearing officer to hear such additional evidence. The Commission may adopt the recommendation of the hearing officer, amend or modify the same, or may make such order or determination as is proper on the record. Line 158 Delete "(f)" and insert "G." Line 161 Delete "(g) and insert "H.''" Line 163 Delete "shall" and insert "may" Line 164 After "cease" insert "and desist" Line 165 Delete "The Commission shall have power to" Line 166 Delete in its entirety. Line 167 Delete "(h)and insert "I." Delete "in the event the respondent refuses or fails" Line 168 Delete "to comply with any such order issued by the Commission."