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HomeMy WebLinkAbout08-18-99COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA AUGUST 18, 1999 The Common Council of the City of Jeffersonville met in special session in the Mayor's Conference Room in the City-County Building, Jeffersonville, Indiana, at 4:30 P.M. on the 18th day of August, 1999. The meeting was called to order by Mayor Thomas R. Galligan, with Deputy Clerk Barbara Hollis at the desk. Mayor Galtigan welcomed all in attendance, asking all those present to stand as Councilperson Williams gave the invocation. Mayor Galligan asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were Councilpersons John Perkins, Ron Ellis, Peggy Knight Wilder, Barbara Wilson, Andrew Williams III, and Vicki Conlin. Absent: Donna M. Frantz. Mayor Galligan presented Ordinance No. 99-OR-49, An Ordinance Fixing Basic Salaries Of Appointed Officers And Employees Of The City Of Jeffersonville, Indiana For The Year 2000 for the third and final reading. Council President Conlin requested the following changes; in the Fire Department the Fire Marshall and the Deputy Marshall should be included as Majors at $38, 568 for a total of five majors, in the Sanitation Department the Assistant Superintendent should be listed as Heavy Equipment Operator with a range $t3.56 to $18.00 for a total of $28,413, in the Motor Vehicle Department, Equipment Operator should be $11.52 to $18.00 for a total of $28,413, also in Motor Vehicle Labor/Utility should be $8.36 to $12.76. Council President Conlin made the motion to pass Ordinance No. 99-OR-49 on the third and final reading with the revisions, seconded by Councilperson Williams. The voice vote was reported as 3 yes, 2 no, and 1 abstain. Following several comments, a roll call vote was requested. The roll call vote was recorded as follows: Ayes: Councilpersons Conlin, Wilder, and Williams. Nays: Councilpersons Perkins, and Wilson. Abstain: Councilperson Ellis. Council President Conlin asked the meeting be adjourned. Mayor Galligan asked all to hold August 18, 1999 Page 2 of 3 on a minute. Attorney Galligan asked Councilperson Ellis what his grounds for abstention are. Councilperson Ellis said "I don't think I want to answer that." Attorney Galligan said in this case there will not be a salary ordinance and the Council will be in violation of the contract with the Police. Council President Conlin again asked the meeting be adjourned. Mayor Galligan replied he did not want to adjourn yet. Mayor Galligan asked Councilperson Perkins if he understands what this is going to do. Councilperson Perkins replied he does understand the salary ordinance is not going to pass and will revert back, however he also understands that state law allows the Council to negotiate a raise for police and fire any time during the year. Following additional comments, CouncilperSon Ellis stated he is abstaining as he is against this salary ordinance. His reasons were given at the last meeting and by his abstaining the salary ordinance will not pass at this time. If changes are made he would be willing to sit and listen to the changes. Attorney Galligan said Councilperson Ellis stated he is against the salary ordinance, therefore his vote is a no vote. Councilperson Ellis said his vote is to abstain. Councilperson Wilson is also willing to listen to changesl Mayor Galligan said the majority of the large raises are in the Police and Fire Departments. Councitperson Wilson agrees the Department Heads are all good, however a $3,000 to $5,000 to $6,000 raise in one year is too much to pass. Councilperson Ellis made the statement that "there has been four votes that the Mayor has had for whatever he wanted all year. If the other vote was here you would have passed the salary ordinance anyway. That other vote is not here and I take the position, in order to let the taxpayers know that at least I am thinking of them." Council President Conlin stated "there isn't a person sitting here that isn't thinking of the taxpayers". "Our people that work for us are also taxpayers." "Three of them are sitting down there that are taxpayers that are department heads, how can you sit there and say that?" Councilperson Ellis asked how Council President Conlin can sit there and give $3,000 and $4,000 raises and give other people only $750. Councilperson Wilder said Councilperson Ellis gave other people $8,000 raises and some people only $750 as he voted on the contract. Councilperson Wilder also said Councilperson Ellis can abstain if he wants but it is the cowards way out because he has already voted for raises. Councilperson Ellis stated he will support the raises given to the police. Comments continued. Mayor Galligan said a ruling is being considered. Page 3 of 3 August 18, 1999 Councilperson Perkins leaves the meeting at 5:00 P.M. Comments continued. Councilperson Ellis said he guesses this meeting is over and leaves at 5:05 P.M. Councilperson Wilder made the motion to recess for 10 minutes at 5:07 P.M., seconded by Councilperson Williams. Mayor Galligan reconvened the meeting at 5:17 P.M. Attorney Galligan told the Council that Roberts Rules of Order have been adopted as stated in Jeffersonvilte Code 30.05. She read from the code which states a vote to abstain is a vote for the prevailing side~ With a 3-2 vote, a vote to abstain would be on the 3 side, which would be a 4, or also from the legal perspective she would maintain that Councilperson Ellis voted no, as he stated he was against this ordinance. He gave no conflict or any other reason to abstain. Under these circumstances there ~vould be a 3-3 vote. She then asked the Mayor to cast his vote. Mayor Galligan votes yes to pass Ordinance No. 99-OR-49. Attorney Galligan declared under either circumstance the Council has a salary ordinance that has passed and is adopted. Councilperson Williams asked what legal recourse would Councilperson Ellis have if he were to disagree with the opinion. Attomey Galligan answered the only legal recourse she could see would be to file a taxpayer's suit, There was discussion regarding ratifying the ordinance. At the conclusion of all discussion and there being no further business to come before the Council, Council President Conlin made the motion to adjourn at 5:30 P.M., seconded by Councilperson Williams, passing unanimously. //~ /~/ ' MgAYOR THOMAS ATTEST: a /t~ , ~'~)~'~'~x~~/J~ EN ERJR