Rules committee backs rewriting complaint process for council member allegations

Hannibal Lee presented a proposal on Feb. 9 to repeal and replace Chapter 2, Article 1, Section 2-10 of the South Bend Municipal Code, which currently requires the rules committee to publicly consider written complaints filed against council members. Lee said the existing ordinance — enacted before email and social media — created a system that compelled public hearings on any complaint, including frivolous or anonymous filings, and that the provision now conflicts with modern governance and the practical need to screen merit before public airing.

Lee cited a review of other Indiana municipalities and said most have no similar automatic municipal complaint mechanism; where complaint systems exist they often include oath requirements, confidential preliminary screening or independent ethics boards. He said the proposed change would not remove citizens’ available remedies: serious allegations could still be pursued through the South Bend Police Department, the St. Joseph County Prosecutor’s Office or other statutory mechanisms, and citizens would retain privilege-of-the-floor and other avenues for public comment.

Council attorney and committee members added that the current ordinance could trigger hearings for minor ordinance violations and that the change aims to reduce repeated, meritless, or abusive filings that consume committee time. After discussion and questions about preserving the public’s voice, the committee voted to send Bill 0126 to the Committee of the Whole with a favorable recommendation.