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HomeMy WebLinkAbout2010-R-20BEFORE THE CITY OF JEFFERSONVILLE COMMON COUNCIL RESOLUTION 2010-R- °`~ A RESOLUTION REQUESTING THE RESIGNATION OF THE CITY OF JEFFERSONVILLE CLERK-TREASURER WHEREAS, the City of Jeffersonville (the "City"), a City formed and operating under the laws of the State of Indiana, is empowered to pass resolutions, by and through its Common Council, for the purpose of governing the City (See Ind. Code § 36-4-6-18); WHEREAS, the City of Jeffersonville Common Council is the legislative body of the City and is afforded all rights, privileges, and powers designated by the Indiana General Assembly and incorporated in the Indiana Code; WHEREAS, pursuant to the Indiana Code, the City of Jeffersonville has an elected Clerk- Treasurer, having statutorily defined duties and responsibilities, including but not limited to, the responsibility to keep records of common council proceedings, including the recording of all notes, and he preservation of all papers related to its business, to present ordinances, orders, or resolutions to the mayor for approval, and to prepare and keep an ordinance book (See Ind. Code ~ 35-4-10-4); WHEREAS, the City of Jeffersonville Clerk-Treasurer is an officer of the City, that is, a person holding office under the government of a municipality, state, or nation; one occupying a public office created by law; one that must take an official oath of office and give a bond; and one that performs public functions for public benefit, in doing so being vested to exercise some sovereign powers, and can be called to account as a public offender for misfeasance or nonfeasance while in office; WHEREAS, over the course of the last year, the City of Jeffersonville Clerk-Treasurer has been investigated and charged in several criminal proceedings; WHEREAS, the purpose of this Resolution is to request the current Clerk-Treasurer to resign her position immediately; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville, that it specifically and affirmatively finds as follows: 1. The City of Jeffersonville Common Council, as the City's legislative body, is given specific powers delineated by the Indiana General Assembly and proscribed by and Page 1 of 4 f through the Indiana Code. Each member of the Common Council is an elected public officer, however, no individual member holds any significant statutory power, the Council exercises its statutory powers collectively. 2. 'That the City of Jeffersonville Clerk-Treasurer is an officer of the City, that being, one holding office under the government of a municipal, state, or nation; one occupying a public office created by law; one that must take an official oath of office and give a bond; and one that performs public functions for public benefit, in doing so being vested with exercise of some sovereign powers, and can be called to account as a public offender for misfeasance or nonfeasance while in office. 3. The Common Council, as the City's legislative body, may not elect or appoint a person to any office or employment, except as provided by statute. (See Ind. Code ~ 36-4-4-4) 4. That over the past year, the City of Jeffersonville Clerk-Treasurer has been investigated and charged with criminal offenses in the State of Indiana, as well as the Commonwealth of Kentucky. 5. On August 2, 2010, the City of Jeffersonville Common Council, passed Resolution 2010- R-18, which outlined the statutory duties and responsibilities of the clerk-treasurer's office and the mechanisms for removing an elected official from office. 6. While the Council acknowledged in Resolution 2010-R-18 that all official duties and responsibilities of the Jeffersonville Clerk-Treasurer have been performed and continue to be performed as proscribed under Indiana law, the Council believes the personal and professional transgressions of the Clerk-Treasurer have affected the trust and confidence that the Council has in the Clerk-Treasurer's ability to perform the functions of the office while also being a model citizen within the community. 7. That the Council believes it is in the best interests of the City of Jeffersonville that the Clerk-Treasurer resign her office pursuant to Ind. Code ~ 5-8-4 et. seq., and hereby requests she tender her resignation as Clerk-Treasurer immediately. 8. The Council is not requesting this resignation based upon on any single act, rather, the Council believes given the totality of the circumstances, the resignation is in the best interest of the Clerk-Treasurer and the City of Jeffersonville. 9. Upon passage of this Resolution, a letter shall be drafted to the Clerk-Treasurer with an executed copy of the Resolution and mailed to her home and work addresses. This RESOLUTION shall be in full force and effect from and after its passage by the City of Jeffersonville Common Council and approval by the Mayor. Page 2 of 4 Vot for: PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark County, Indiana, upon this day of J 2010. -2`~ rr Z omas Galligan, Mayor residing Officer ATTEST: PEG ILDER, Clerk-Treasurer City of Jeffersonville PRE~S,,E~N, TED by me to the Mayor of the City of Jeffersonville, Clark County, Indiana, upon this, l =day of 2010. W PEGG ILDER, Clerk-Treasurer City of Jeffersonville Page 3 of 4 Voted Against: 2010. SIGNED AND APPROVED by me upon this day of i THOMAS GALLIGAN, yor City of Jeffersonville ATTEST: PE WILDER, Clerk-Treasurer City of Jeffersonville Page 4 of 4