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<br />REGULAR MEETING August 9, 1971
<br />RESOLUTIONS
<br />RESOLUTION NO. 280 -71 (Cont.)
<br />WHEREAS, a surplus exists within Account Y -532, also within the firemen's pension fund.
<br />NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
<br />INDIANA:
<br />SECTION I. That the sum of $2,866.69 be transferred from Account Y -532 to Account
<br />Y -54, both being within the Firemen's Pension Fund.
<br />SECTION II. This Resolution shall be in full force and effect from and after its
<br />adoption by the Common Council and approval by the mayor.
<br />/s/ Frederick D. Craven
<br />Member of the Common Council
<br />A public hearing on this resolution was held at this time. City Controller James A. Bickel
<br />stated the Y -54 Account was for Refunds, Awards, and Indemnities, to pay men on the retirement
<br />list based on a law suit, fund is $2,866.69 short and the City lost the suit. As concerns the
<br />police pension fund, two law suits were lost by the City in 1969 and 1964 and a portion of this
<br />has been paid off but next year $162,000 will be required to pay it off. Miss Guthrie of the
<br />City Planning Association inquired if this was for the first half -year or for a full year. Mr.
<br />Bickel replied it was for a full year. The money is available, but it requires the transfer of
<br />funds. Councilman Reinke inquired if there was something the Council could do to prevent these
<br />law suits from recurring. City Attorney Shepard J. Crumpacker stated this takes care of all
<br />suits filed thus far. He stated that he could think of no way the Council could prohibit the
<br />filing of more such suits if the retirees see fit to file, but we hope circumstances have been
<br />taken care of to prevent this in the future. Councilman Reinke asked who determines the rate
<br />retirees are paid in setting up a table of organization. City Attorney Crumpacker replied that
<br />this is determined by the Court. The first such suit was over a question of longevity. The
<br />pay scale was set up in 1961 in longevity increments based on length of service and continued
<br />without these increases. Councilman Grounds asked AQCW much it costs the citizens of South Bend
<br />in defending one of these law suits. The suit is /approximately one million dollars. Council-
<br />man Grounds questioned if this was necessary for only one year or ad infinitum. City Attorney
<br />Crumpacker replied that the State Legislature sets this payment; maximum payment of 60% went to
<br />maximum payment of 75% after 32 years of service. Mr. Bickel stated $150,000 is needed this
<br />year, $162,000 needed next year, and $500,000 for the Police Department retires to catch up.
<br />Councilman Craven made a motion for the adoption of the resolution, seconded by Councilman
<br />Janet Allen. The Resolution was passed by a Roll Call vote of 8 ayes (Councilmen Laven, Allen,
<br />Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski), 0 nays, 1 absent (Councilman Wise.)
<br />UNFINISHED BUSINESS
<br />Council President Laven announced that next Monday, August 16, 1971, at 7:00 P.M., in the
<br />Council Chambers of the County -City Building there would be an informal hearing on one item only,
<br />that of the budget for the Sanitation Department, which includes trash hauling, and welcomed
<br />any and all citizens to attend the hearing.
<br />Councilman Janet Allen asked if there was anything to report on the anti -noice ordinance. As
<br />no information was readily available, she requested the Clerk to submit a report to the Council
<br />showing arrests made, warrants issued, etc., for violations of the above ordinance.
<br />NEW BUSINESS
<br />None.
<br />There being no further business, new or unfinished, to come before the Council, Councilman
<br />Craven made a motion to adjourn, seconded by Councilman Palmer. Motion carried. Time 8:52 P.M.
<br />ATTEST:
<br />APPROVED:
<br />PRESIDENT
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