SB Common Council Rules Committee deadlocked on whether to disci - Fox 28: South Bend, Elkhart IN News, Weather, Sports

SB Common Council Rules Committee deadlocked on whether to discipline Henry Davis Jr.

There was a heated discussion during the South Bend Common Council Rules Committee meeting Monday. It all had to do with complaints about a post Councilman Henry Davis Junior put on his Facebook Page back in January. You'll remember, the picture posted involved an animal and a sexual act.

There were both complaints made to the Council and a criminal complaint filed. While the prosecutor decided not to file any charges, the Council Rules Committee is deadlocked on whether he should be disciplined. Two say Councilman Henry Davis Junior has apologized and it's time to move on. The other two say he should be censured.

Councilman Oliver Davis and Councilwoman Valerie Schey say there are no policies on the books regarding behavior on social media, therefore no discipline is warranted. "To come back and punish Councilman Davis on this is like having no speeding laws and then you go fast and you create a speeding law there. I don't think that should be something we should do," says Common Council President, Oliver Davis.

But Councilmen Fred Ferlic and David Varner say while the special prosecutor didn't file charges, he did say the post was obscene. Therefore, they called for further discipline, perhaps some professional social media coaching. "The way it's handled in a hospital or business when something like this happens, you are consigned to HR and you go through an employee assistance program," says Councilman Fred Ferlic.

Councilman David Varner says, "There is the Council rules in regards to decorum and how to conduct yourself."

During the discussion, Council President Oliver Davis referred to a 2012 complaint against Councilman Fred Ferlic. The complaint was regarding a comment from Fred Ferlic towards Henry Davis he and other Council members found offensive. Ferlic later apologized and said he was joking and the Council moved on. "Punish Henry Davis while we did not punish Dr. Ferlic is a double standard," says Oliver Davis.

By meeting's end, the committee couldn't reach a majority. That means the full Council will have the final say. The Council is expected to take it up at the next meeting in two weeks. At that time, the public will have an opportunity to speak.
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