HomeMy WebLinkAbout64-26 Amending Division 2 of Article 1 Chapter 2 of the South Bend Municipal Code Concerning the Community Police Review Board and the Community Police Review OfficeCPRB Members
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George Jones
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SOUTH BEND
COMMUNITY POLICE
- REVIEW OFFICE -
Key Bank Building • 202 S. Miichig.un St.
South Bend, Indiana46601
September 8, 2026
President Canneth Lee
South Bend Common Council
3rd Floor - South Bend City Hall
South Bend, IN 46601
Filed in Clerk's Office
Sep 8, 2026
Bianca Tirado
City Clerk, South Bend, IN
Re: Community Police Review Board Ordinance Amendments
Dear President Lee:
Attached for consideration by the South Bend Common Council ("Council") are proposed
amendments to the South Bend Municipal Code provisions governing the Community
Police Review Board and Community Police Review Office.
The proposed amendments are intended to improve the Board's consistency, efficiency,
and effectiveness; provide greater clarity concerning its operations; and align certain Board
procedures with those of similarly situated boards within the City of South Bend. These
amendments will help address current operational needs, support a functional and
effective Board, and strengthen the civilian police oversight process while preserving the
important responsibilities of the Community Police Review Board and Community Police
Review Office.
I support these proposed amendments as an important step toward ensuring that the
Board can operate efficiently, fairly, and consistently. While these amendments address
several immediate procedural and operational matters, I recognize that additional revisions
may be appropriate in the future as the City continues to evaluate civilian oversight
practices and the needs of the South Bend community.
I request that the proposed ordinance be included on the full Council agenda for first
reading on September 14, 2026, and, consistent with previous discussions, be set for
consideration by the appropriate Standing Committee and for second and third readings in
October 2026.
Thank you for your consideration.
Sincerely,
Director Pastor Charles L. King III
Community Police Review Office
BILL NO. 64-26
ORDINANCE NO.
Filed in Clerk's Office
Sep 8, 2026
Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING DIVISION 2 OF ARTICLE 1, CHAPTER 2 OF THE SOUTH BEND MUNICIPAL
CODE CONCERNING THE COMMUNITY POLICE REVIEW BOARD AND THE
COMMUNITY POLICE REVIEW OFFICE.
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to improve the Community Police Review Board's ability
to assemble a quorum, conduct business, and carry out its civilian -oversight responsibilities in a
timely, effective, and accountable manner. The Common Council finds that the Board's work is
best supported by practical participation standards that preserve meaningful training and informed
decision -making without creating unnecessary barriers to service.
To permit newly appointed Members to participate in Board decisions sooner, this
ordinance establishes a streamlined initial orientation that must be completed before a Member
may access protected or investigatory information or vote on the disposition of a complaint. That
focused orientation is paired with a structured core curriculum during the Member's first year and
continuing education in later years, so that Members can begin serving promptly while continuing
to develop the knowledge and skills needed for careful and fair review.
The ordinance also directs the Board to establish quorum and voting -majority requirements
in its bylaws that are no less stringent than the requirements of Indiana law, rather than retaining
local requirements that may be more restrictive than state law. This approach is intended to
improve the Board's ability to conduct business while maintaining lawful, transparent, and
consistent decision -making standards.
Finally, because at -large members of the Common Council represent the entire City, this
ordinance authorizes an at -large councilmember to nominate a Board Member who resides in any
councilmanic district. Together, these amendments are intended to broaden the available pool of
qualified nominees, support fuller Board participation, improve the ability to achieve quorum, and
strengthen the Board's capacity to perform its duties for the residents of the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I.
Section 2-12.1.12 of the South Bend Municipal Code is hereby amended by adding new definitions, to
read as follows:
Sec. 2-12.1.12. Definitions.
Investigatory record means a record compiled in the course of the investigation of a crime or of
alleged misconduct, including audio and video recordings, photographs, reports, statements, data,
and derivative work product.
Protected information means information that is confidential, privileged, restricted, or nondisclosable
under federal or state law, court order, or a lawful agreement.
SECTION II.
Section 2-12.1.13 of the South Bend Municipal Code is hereby amended by amending subsection (a)(4) to
read as follows:
Sec. 2-12.1.13. Community Police Review Board established; selection process; terms.
(a) The Review Board is established and shall be composed of nine (9) Members appointed by
Resolution adopted by the Common Council.
(1)
(2)
(3)
(4) If a Member is unable to complete a term for any reason, a new Member shall be
appointed as set forth in this Section. A new Member nominated by a member of
Common Council representing a Councilmanic district shall reside in the same district as
the departing Member. A new Member nominated by an at -large member of the Common
Council may reside in any Councilmanic district. Such new Member shall then be eligible
to be reappointed for no more than one (1) additional full consecutive term, if the
Member has served eighteen (18) months or more of the original term,
SECTION III.
Section 2-12.1.14 of the South Bend Municipal Code, including its section heading, is hereby amended to
read as follows:
Sec. 2-12.1.14. Review Board officers, quorum, attendance, training, and electronic participation.
(a) The Members shall annually select from among the Members such officers as set forth in the
Bylaws of the Review Board.
(b) The Members shall establish requirements for quorum and voting majorities in the Bylaws of the
Review Board, which may not be less stringent than the requirements of Indiana law.
(c) All Review Board Members must attend a minimum of fifty-one (51) percent of the Review
Board meetings per year. Attendance by lawful electronic participation under subsection (h)
counts as attendance for purposes of this subsection. The Common Council may replace any
Member who fails to meet this attendance requirement within sixty (60) days of the Director
providing written notice to the Member of failure to meet this attendance standard. Before
replacing a Member under this subsection, the Common Council shall consider documented
illness, disability, caregiving obligations, military service, employment emergencies,
bereavement, transportation barriers, and other good cause, as well as the Member's use of
appropriate notice prior to absence.
(d) Initial orientation. Before accessing Protected Information or Investigatory Records, or voting on
the disposition of a Complaint, each Member shall complete an initial orientation of not more
than six (6) hours covering: this Division and the Review Board's rules; the Indiana Open Door
Law and the Access to Public Records Act; confidentiality and data security; conflicts of interest
and ethics; complaint classifications and the preponderance of the evidence standard; trauma -
informed and bias -aware decision -making; and the due process rights of Complainants, Officers,
and Department employees.
(e) Core curriculum and continuing education. Within the first twelve (12) months of a Member's
term, the Member shall complete a core curriculum of not fewer than sixteen (16) hours. The
curriculum may be completed through in -person sessions, live virtual sessions, approved online
modules, recorded instruction with assessment, training offered by the National Association for
Civilian Oversight of Law Enforcement or a comparable organization with approval of the
Director, or other instruction approved by the Director and the Review Board. After the first year,
each Member shall complete not fewer than eight (8) hours of continuing education annually,
with reasonable carryover and extensions. Training shall be offered at varied times, in accessible
formats, and at no cost to the Member.
(I) Curriculum subjects. The core and continuing curriculum should include police policy and
operations, use of force, constitutional policing, investigative fundamentals, the review of
evidence and of law enforcement recordings, administrative findings and classifications, cultural
competency, and interactions with youth and with persons with disabilities. In addition, all
Members are recommended to:
(1) Accompany an on -duty Officer of the Department, for a minimum of four (4) hours per
occasion, in order to observe police procedures first-hand;
(2) Participate in training and assessment pursuant to the Intercultural Development Inventory
(IDI) or similar program reported to the Common Council ;
(3) Have strong community relations experience;
(4) Participate in the South Bend Police Department Citizens' Police Academy;
(5) Participate in mediation training;
(6) Participate in training in best practices in investigations, including a review of video
footage of incidents of police misconduct;
(7) Participate in conflict resolution training; and
(8) Participate in restorative justice training.
A ride -along, the Citizens' Police Academy, mediation training, or comparable experiential
training is encouraged but is not an absolute prerequisite to service. The Director may approve
equivalent training, or may grant a waiver, when disability, safety, employment, caregiving
obligations, scheduling, or other good cause makes a particular format unreasonable for a
Member.
(g) Noncompliance. Failure to meet a training deadline under subsection (e) does not automatically
remove a Member and does not invalidate any prior action of the Review Board. The Director
shall issue written notice and a reasonable corrective schedule, and may report persistent
noncompliance to the Common Council.
(h) Electronic participation. The Review Board shall adopt and maintain a written electronic meetings
policy consistent with IC 5-14-1.5-3.5, as amended, and with any generally applicable electronic
meeting policy used by comparable City boards and commissions. The policy shall not impose a
standard more restrictive than the standard generally applied to comparable City boards and
commissions unless a specific legal, confidentiality, or technological necessity is stated in
writing. A Member participating electronically shall be considered present and may vote to the
extent permitted by Indiana law and by the adopted policy. The technology used must permit
simultaneous communication among participating Members and, except during a lawful
executive session, simultaneous observation by the public. Minutes shall identify the Members
physically present, electronically present, and absent. The City shall provide reasonable
technology and accessibility support, and a temporary technology failure shall be addressed in
accordance with the adopted policy and shall not invalidate an action if the quorum and
participation requirements of law remain satisfied.
SECTION IV. SAVINGS AND CONTINUATION
(a) This ordinance amends and supplements Division 2 of Article 1, Chapter 2 of the South Bend
Municipal Code. It does not repeal that Division. Except as expressly amended by this ordinance,
every provision of Division 2 remains in full force and effect, including Section 2-12.1.21
(Severability), which is not amended and which applies to Division 2 as amended by this
ordinance.
(b) All appointments to the Review Board in effect on the effective date of this ordinance continue for
the balance of the terms for which they were made. All Complaints pending, investigations in
progress, rules and procedures adopted by the Director, and rules, bylaws, and resolutions
adopted by the Review Board remain in effect until completed, amended, or replaced, except to
the extent they conflict with this ordinance.
(c) Nothing in this ordinance repeals, narrows, or renders discretionary the duties established by
Ordinance No. 11226-25, adopted September 22, 2025 and effective January 1, 2026, requiring
the Review Board and the Director to review all law enforcement recordings relevant to any
complaint investigated by the Community Police Review Office. Those duties are expressly
continued and are reinforced by Sections 2-12.1 15(d) and 2-12.1.23(b) as added by this
ordinance.
(d) Nothing in this ordinance transfers, limits, or enlarges any power that Indiana law or this Code
assigns to the Mayor, the Chief, the Board of Public Safety, the Common Council, or any merit or
safety board, including the appointment and removal authority set out in Section 2-12.1.17(b) and
IC 36-4-11-2.
SECTION V. SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance, and the Common Council declares that it would have
adopted this ordinance and each portion thereof irrespective of the fact that any one or more portions be
declared invalid or unconstitutional.
SECTION VI.
This ordinance shall be in full force and effect from and after its passage by the Common Council,
approval by the Mayor, and publication as required by law.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2026, at o'clock .m.
Approved and signed by me on the
.m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
day of , 2026, at o'clock
James Mueller, Mayor
City of South Bend, Indiana
BILL NO.
ORDINANCE NO.
Filed in Clerk's Office
Sep 8, 2026
Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING DIVISION 2 OF ARTICLE 1, CHAPTER 2 OF THE SOUTH BEND MUNICIPAL
CODE CONCERNING THE COMMUNITY POLICE REVIEW BOARD AND THE
COMMUNITY POLICE REVIEW OFFICE.
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to improve the Community Police Review Board's ability
to assemble a quorum, conduct business, and carry out its civilian -oversight responsibilities in a
timely, effective, and accountable manner. The Common Council finds that the Board's work is
best supported by practical participation standards that preserve meaningful training and informed
decision -making without creating unnecessary barriers to service.
To permit newly appointed Members to participate in Board decisions sooner, this
ordinance establishes a streamlined initial orientation that must be completed before a Member
may access protected or investigatory information or vote on the disposition of a complaint. That
focused orientation is paired with a structured core curriculum during the Member's first year and
continuing education in later years, so that Members can begin serving promptly while continuing
to develop the knowledge and skills needed for careful and fair review.
The ordinance also directs the Board to establish quorum and voting -majority requirements
in its bylaws that are no less stringent than the requirements of Indiana law, rather than retaining
local requirements that may be more restrictive than state law. This approach is intended to
improve the Board's ability to conduct business while maintaining lawful, transparent, and
consistent decision -making standards.
Finally, because at -large members of the Common Council represent the entire City, this
ordinance authorizes an at -large councilmember to nominate a Board Member who resides in any
councilmanic district. Together, these amendments are intended to broaden the available pool of
qualified nominees, support fuller Board participation, improve the ability to achieve quorum, and
strengthen the Board's capacity to perform its duties for the residents of the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I.
Section 2-12.1.12 of the South Bend Municipal Code is hereby amended by adding new definitions, to
read as follows:
Sec. 2-12.1.12. Definitions.
Investigatory record means a record compiled in the course of the investigation of a crime or of
alleged misconduct, including audio and video recordings, photographs, reports, statements, data,
and derivative work product.
Protected information means information that is confidential. privileged, restricted. or nondisclosable
under federal or state law, court order. or a lawful agreement.
SECTION II.
Section 2-12.1.13 of the South Bend Municipal Code is hereby amended by amending subsection (a)(4) to
read as follows:
Sec. 2-12.1.13. Community Police Review Board established; selection process; terms.
(a) The Review Board is established and shall be composed of nine (9) Members appointed by
Resolution adopted by the Common Council.
(1)
(2)
(3)
(4) If a Member is unable to complete a term for any reason, a new Member shall be
appointed as set forth in this Section. A new Member nominated by a member of
Common Council representing a Councilmanic district shall reside in the same district as
the departing Member. A new Member nominated by an at -large member of the Common
Council may reside in any Councilmanic district. Such new Member shall then be eligible
to be reappointed for no more than one (1) additional full consecutive term, if the
Member has served eighteen (18) months or more of the original term,
SECTION III.
Section 2-12.1.14 of the South Bend Municipal Code, including its section heading, is hereby amended to
read as follows:
Sec. 2-12.1.14. Review Board officers, quorum, attendance, training, and electronic participation.
(a) The Members shall annually select ender from among the Members such officers as set
forth in the Bylaws of the Review Board.
(b) The Members shall establish requirements for quorum and voting majorities in the Bylaws of the
Review Board, which may not be less stringent than the requirements of Indiana law.
(c) All Review Board Members must attend a minimum of fifty-one (51) percent of the Review
Board meetings per year. Attendance by lawful electronic participation under subsection (h)
counts as attendance for purposes of this subsection. The Common Council may replace any
Member who fails to meet this attendance requirement within sixty (60) days of the Director
providing written notice to the Member of failure to meet this attendance standard. Before
replacing a Member under this subsection, the Common Council shall consider documented
illness, disability, caregiving obligations, military service, employment emergencies,
bereavement, transportation barriers, and other good cause, as well as the Member's use of
appropriate notice prior to absence.
(d) Before participating i uevie,,, Board : e tigations r o her au,tie of the Review
Mc,wbcr3 urc rcco~~mcndcd Initial orientation. Before accessing Protected Information or
Investigatory Records, or voting on the disposition of a Complaint, each Member shall complete
an initial orientation of not more than six (6) hours covering: this Division and the Review
Board's rules; the Indiana Open Door Law and the Access to Public Records Act; confidentiality
and data security: conflicts of interest and ethics; complaint classifications and the preponderance
of the evidence standard: trauma -informed and bias -aware decision -making; and the due process
rights of Complainants, Officers, and Department employees.
(e) Core curriculum and continuing education. Within the first twelve (12) months of a Member's
term, the Member shall complete a core curriculum of not fewer than sixteen (16) hours. The
curriculum may be completed through in -person sessions, live virtual sessions, approved online
modules, recorded instruction with assessment, training offered by the National Association for
Civilian Oversight of Law Enforcement or a comparable organization with approval of the
Director, or other instruction approved by the Director and the Review Board. After the first year,
each Member shall complete not fewer than eight (8) hours of continuing education annually,
with reasonable carryover and extensions. Training shall be offered at varied times, in accessible
formats, and at no cost to the Member.
(f) Curriculum subjects. The core and continuing curriculum should include police policy and
operations, use of force, constitutional policing, investigative fundamentals, the review of
evidence and of law enforcement recordings, administrative findings and classifications, cultural
competency, and interactions with youth and with persons with disabilities. In addition, all
Members are recommended to:
(1) Accompany an on -duty Officer of the Department, for a minimum of four (4) hours per
occasion, in order to observe police procedures first-hand;
(4-2) Participate in training and assessment pursuant to the Intercultural Development
Inventory (MIDI) or similar program reported to the Common Council ;
(43) Have strong community relations experience;
(34) Participate in the South Bend Police Department Citizens' Police Academy;
(45) Participate in mediation training;
($6) Participate in training in best practices in investigations, including a review of video
footage of incidents of police misconduct;
(67) Participate in conflict resolution training; and
(�8) Participate in restorative justice training.
A ride -along, the Citizens' Police Academy, mediation training, or comparable experiential
training is encouraged but is not an absolute prerequisite to service. The Director may approve
equivalent training, or may grant a waiver, when disability, safety, employment, caregiving
obligations, scheduling, or other good cause makes a particular format unreasonable for a
Member.
(g) Noncompliance. Failure to meet a training deadline under subsection (e) does not automatically
remove a Member and does not invalidate any prior action of the Review Board. The Director
shall issue written notice and a reasonable corrective schedule, and may report persistent
noncompliance to the Common Council.
(h) Electronic participation. The Review Board shall adopt and maintain a written electronic meetings
policy consistent with IC 5-14-1.5-3.5, as amended, and with any generally applicable electronic
meeting policy used by comparable City boards and commissions. The policy shall not impose a
standard more restrictive than the standard generally applied to comparable City boards and
commissions unless a specific legal, confidentiality, or technological necessity is stated in
writing. A Member participating electronically shall be considered present and may vote to the
extent permitted by Indiana law and by the adopted policy. The technology used must permit
simultaneous communication among participating Members and, except during a lawful
executive session, simultaneous observation by the public. Minutes shall identify the Members
physically present, electronically present, and absent. The City shall provide reasonable
technology and accessibility support, and a temporary technology failure shall be addressed in
accordance with the adopted policy and shall not invalidate an action if the quorum and
participation requirements of law remain satisfied.
SECTION IV. SAVINGS AND CONTINUATION
(a) This ordinance amends and supplements Division 2 of Article 1, Chapter 2 of the South Bend
Municipal Code. It does not repeal that Division. Except as expressly amended by this ordinance,
every provision of Division 2 remains in full force and effect, including Section 2-12.1.21
(Severability), which is not amended and which applies to Division 2 as amended by this
ordinance.
(b) All appointments to the Review Board in effect on the effective date of this ordinance continue for
the balance of the terms for which they were made. All Complaints pending, investigations in
progress, rules and procedures adopted by the Director, and rules, bylaws, and resolutions
adopted by the Review Board remain in effect until completed, amended, or replaced, except to
the extent they conflict with this ordinance.
(c) Nothing in this ordinance repeals, narrows, or renders discretionary the duties established by
Ordinance No. 11226-25, adopted September 22, 2025 and effective January 1, 2026, requiring
the Review Board and the Director to review all law enforcement recordings relevant to any
complaint investigated by the Community Police Review Office. Those duties are expressly
continued and are reinforced by Sections 2-12.1.15(d) and 2-12. ( .23(b) as added by this
ordinance.
(d) Nothing in this ordinance transfers, limits, or enlarges any power that Indiana law or this Code
assigns to the Mayor, the Chief, the Board of Public Safety, the Common Council, or any merit or
safety board, including the appointment and removal authority set out in Section 2-12.1.17(b) and
IC 36-4-11-2.
SECTION V. SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance, and the Common Council declares that it would have
adopted this ordinance and each portion thereof irrespective of the fact that any one or more portions be
declared invalid or unconstitutional.
SECTION VI.
This ordinance shall be in full force and effect from and after its passage by the Common Council,
approval by the Mayor, and publication as required by law.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2026, at
o'clock . m.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2026, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana