HomeMy WebLinkAboutFranckeDAVID A. FRANCKE and
LIN-DA B. FRANCKE,
Plaintiffs
IN ~ STATE OF INDIAN3d---~
CLARK CIRCUIT COURT
YS.
NO. 10C01-0205-PL-$67
CITY OF JEFFERSONVILLE,
INDIANA and THE BOARD OF
PUBLIC WORKS AND SAFETY
OF THE CITY OF JEFFERSONVILLE,
INDIANA,
Defendants
RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS
(Series 1)
Defendant makes the following admissions and denials in response to plaintiffs request
for admissions:
1. That Exhibit "A", attached hereto, is a tree copy of the minutes of the Board of Public
Works and Safety of the City of Jeffersonville, Indiana (Jeffersonville Board) for its meeting of
February 25, 2002.
.RESPONSE: Denied. A copy of those minutes which are maintained in the office of the
Jeffersonville Clerk-Treasurer are attached hereto.
2. That Exhibit "A", attached hereto, is an authentic copy of the minutes of the Board of
Public Works and Safety of the City of Jeffersonville, Indiana (Jeffersonville Board) for its
meeting of February 25, 2002.
RESPONSE: Denied. A copy of those minutes which are maintained in the office of the
Jeffersonville Clerk-Treasurer are attached hereto.
3. That Exhibit "B", attached hereto, is a tree copy of Resolution No. 02-R-10 adopted by
the Jeffersonville Board on February 25, 2002.
RESPONSE: Admitted.
4. That Exhibit "B", attached hereto, is an authentic copy of Resolution No. 02-R-10
adopted by the Jeffersonville Board on February 25, 2002.
RESPONSE: Admitted.
5. That "B' directed the Clerk-Treasurer of the Jeffersonville to publish notice of
Resolution NO. 02-R-10 in the Evening News "._ once each week for the next two (2)
consecutive weeks ...".
RESPONSE: The Jeffersonville City Clerk-Treasurer would admit that the Resolution
attached contains language which directs her to publish notice. However, the Jeffersonville City
Clerk-Treasurer would afl~rm that she was not informed of this fact inasmuch as it was the
practice of the Jeffersonville City Attorney to fail and refuse to provide the Jeffersonville Clerk-
Treasurer with resolutions and board minutes. As a result Of this ongoing conduct by the
Jeffersonville City Attorney the Jeffersonville City Clerk-Treasurer was forced to file a lawsuit
in the Clark Circuit Court requesting a declaration of rights and duties of the Clerk-Treasurer and
the City Attorney. (See Attached Amended Complaint for Deelarator~ Judgment)
6. That the Clerk-Treasurer of the leffersonville did not publish notice of Resolution No.
02-R-10 in the Evening News once each week for the next two (2) consecutive weeks following
February 25, 2002.
RESPONSE: Admitted. The Jeffersonville City Clerk-Treasurer did not publish notice.
However, the Jeffersonville City Clerk-Treasurer would affirm that she did not have knowledge
of the existence of this resolution or the directions set forth therein. She would further assert
those statements as set forth in admission five (5) above.
7. That Exhibit "C" is a copy of the notice published in the Evening News on March 21,
2002 notifying the public of a pubic meeting to be held on March 18, 2002 relating to Ordinance
No. 02-R-10.
RESPONSE: The Jeffersonville City-Clerk Treasurer is unable to admit or deny this
request. The Jeffersonville City-Clerk Treasurer would re-state those facts as set forth in
admissions six (6) and seven (7) above: The Jeffersonville City-Clerk Treasurer's duty to
provide notice and publication was usurped by the Jeffersonville City Attorney. Therefore, the
Clerk-Treasurer is unable to confirm or deny whether or not notice was delivered to the Evening
News for publication.
8. That Exhibit ~'D" is a copy of the notice published in the Evening Jgews on March 28,
2002 notifying the public ora pubic meeting to be held on March 18, 2002 relating to Ordinance
No. 02-R-10.
RESPONSE: See Response to Admission Request Seven (7)
9. That Exhibit "E", attached hereto, is a tree copy of the minutes of the Jeffersonville
Board's meeting of March 18, 2002.
RESPONSE: Admitted.
10. That Exhibit "E", attached hereto, is an authentic
Jeffersonville Board's meeting of March 18, 2002.
RESPONSE: Admitted.
copy of the minutes of the
11.
10.
That on March 18, 2002, the Jeffersonville Board did not act upon Ordinance No. 02-R-
RESPONSE: Admitted.
12. That Exhibit "F", attached hereto; is a tree copy of the minutes of the Jeffersonville
Board's meeting of April 8, 2002.
RESPONSE: Denied. The Jeffersonville Clerk-Treasure has attached a copy of those
minutes for April 8, 2002 as maintained in the records in her office.
That Exhibit "F', attached hereto, is an authentic copy of the minutes of the Jeffersonville
13~
Board's meeting of April 8, 2002.
RESPONSE: Denied. See response twelve (12) above.
14. That Exhibit "G", attached hereto, is a tree copy of Resolution No. 02-R-17 adopted by
the Jeffersonville Board on April 8, 2002.
RESPONSE: Admitted.
15. That Exhibit "G", attached hereto, is an authentic copy of Resolution No. 02-R-17
adopted by the Jeffersonville Board on April 8, 2002.
_t3~SP~ONSE_: Admitted.
16. That notice of the Jeffersonville Board's meeting of April 8, 2002, was not published in
the Evening News on March 21, 2002 and March 28, 2002.
RESPONSE.: The Jeffersonville City-Clerk Treasurer is unable to admit or deny tiffs
request. The Jeffersonville City-Clerk Treasurer would re-state those facts as set for~[h in
admissions six (6) and seven (7) above. The Jeffersonville City-Clerk Treasurer's duty to
provide notice m~d publication was usurped by the Jeffersonville City Attorney. Therefore, the
Clerk-Treasurer is unable to confirm or ,deny this request.
17. That Exhibit "H", attached hereto,
the Jeffersonville Board on April 8, 2002.
~RESpONSE: Admitted.
is a true copy of Resolution No. 02-R-21 adopted by
18. That Exhibit "Ir', attached hereto, is an authentic copy of Resolution No. 02-R-21
adopted by the Jeffersonville Board on April 8, 2002~
RESPONSE: Admitted.
19. That Exhibit "14" erroneously refers to notice of Resolution No. 02-R-21 being published
in the Evening News on March 21, 2002 and March 28, 2002.
RESPONSE: The jeffersonville City-Clerk Treasurer is unable to admit or deny tlhis
request. The jeffersonville City-Clerk Treasurer would re-state those facts as set forth in
admissions six (6) and seven (7) above. The jeffersonville City-Clerk Treasurer's duty to
provide notice and publication was usurped by the Jeffersonville City Attorney. Therefore, the
Clerk-Treasurer is unable to confirm or deny this request.
20.
That Exhibits "C" and "D" advertised notices of the Jeffersonv~lle Board meeting of
March 18, 2002, not April 8, 2002.
RESPONSE: The Jeffersonville City-Clerk Treasurer is unable to admit or deny this
request. The jeffersonville City-Clerk Treasurer would re-state those facts as set forth in
admissions six (6) and seven (7) above. The jeffersonville City-Clerk Treasurer's duty to
provide notice and publication was usurped by the jeffersonville City Attorney. Therefore, the
Clerk-Treasurer is unable to confirm or deny whether or not notice was delivered to the Evening
News for publication.
21. That Exhibit "F', attached hereto, is a true copy of Resolution No. 02-R-22 adopted by
the leffersonville Board.
RESPONSE: Admitted.
22. That Exhibit "r', attached hereto, is an authentic copy of Resolution No. 02-R-22 jadopted
by the leffersonville Board.
RESPONSE: Admitted.
23. That notice of Resolution No. 02-R-22 (Exhibit "F') was not published in the Evening
News on March 21, 2002 and March 28, 2002 stat g ..- that at its regular meeting April
2002, the Board would hear remonstrances from persons in or affected by the condemnation ....
RESPONSE: The jeffersonville City-Clerk Treasurer is unable to adrrfit or deny this
request. The jeffersonville City-Clerk Treasurer would re-state those facts as set forth in
admissions six (6) and seven (7) above. The jeffersonville City-Clerk Treasurer's duty to
provide notice and publication was usurped by the Jeffersonville City Attorney. Therefore,, the
Clerk-Treasurer is unable to confirm or deny whether or not notice was delivered to the Evening
News for publication.
Respectfully submitted,
City of leffersonville
State of Indiana
Prepared by:
Leslie D. Merkley
Attorney for Defendants
City-County Building, 4th Floor
501 East Court Ave.
Jeffersonvilie, IN 47130
(812) 285-6491
Supreme Court No. 19851-10
CERTIFICATE OF SERVICE
I hereby certify that a copy of thg)fq~r~going document was served either personally or by
first-class mail, postage prepaid on the ~ day of October, 2004, upon Edwin S. Sedwick,
Attorney for Plaintiffs, 417 East Court Ave., Jeffersm~~ ~
CA'IJS~" !'40.10C01_02,05-PL-36"/
~ De{end--ts
.gte~o$a~ofeS, states;
,~ s co~esp°a~g 1
Defeatist, ~or its respooe to pt
o~e O) t~ ~en~-t~ee
-a~: - 'o~S ~umb~S - he troth o~ the
~~e to request for ad~ss~ -affwoc~ ad~si~°a o[ ta _ ~o~de a
se~ed co · ed in the request, state mt
~a~er oontmn
· - -o[tmth' . .
baS~s {or o x~: That Ce ~ntes a¢~ bbc ~orkS. Therefore, ~t
~ ~ed by the Board of puu ~ authen(~c copy of those n~ -~io~ of the
ha~e not been aPpr° ~ tme copy ~or m~ .~. ~e ~ the posseua
ac 'c~atelY statedt~t~ey~atem[~ the properly exerted
leffersoa~le C' Y
_INTERROGATORY NO. 2_:
If lack of information or knowledge is given as a response to any request for admissions
numbers one (I) thru twenty-three (23), or in response to corresponding interrogatory number
one (1), for each such response, set forth in detail:
(a) All steps of investigation undertaken and reasonable inquiry of the matter
contained in the request; and
(b) All information known or readily obtainable by you as a result of such inquiry.
ANSWER: Please note that the answer to this interrogatory is contained in the response
to admissions.
I affirm, under the penalties for perjury, that the foregoing statements are true to the best
of my knowledge and belief
Pegg~ ~Vi~ ~_(~I~K-'T'r~'~ur er
City of Jeffersonville
State of Indiana
Prepared by:
Leslie D. Merkley
Attorney for Defendants
City-County Building, 4t~ Floor
501 East Court Ave.
Jeffersonville, IN 47130
(812) 285-6491
Supreme Court No. 19851-10
00T-18-2004 NON 10:41 hH 0ITY 0LERK TREASURER FA× NO, 812 285 6426 P, 01
MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF TIlE CITY OF ,]EFFERSONVILLE, INDIANA
Fi,;BRUARY 25, 2002
Mayor Galligan called the meeting to order at 9!30 a.m. and on call of thc roll those members present
were: Couneilperson Waiz and City Engineer Miller.
Also present were: Safety Director g.odden, Wastewatcr Treatment Director Crawford, Redevelopment
Building Commissioner Gavin, City
Director w,,ins A(lmhlistrator Rich Davis, I:ire Chief' Smith,
Attorney Galligan, Vehicle Maintenance Director Drury, Mayor Assistant White~ Street Comnfissioner
(½rant, Manning and Zonlag Director Eckor. Parks Director Etliott, Engineer ng Coordtaator Dtxon, an
Deputy Clerk Lynne Mayfietd.
b.',ngineer Miller made the motion to a )prove the payroll as presented, seconded by
Councilpcrson Waiz and carried unanimously,
Engineer Miller made the motion to approve the minutes of 2-19-02 as presented~ seconded
by Councilporson Waiz arid carried unanimously.
C MUNICATION~S
_D_M. ......... - ...... . d
Sic:ye IvlcManus of P,.adlo Land and who has recently become a Nextcl dealer appeare~ before the Boar
in regm'd to radio coverage problems due to tower loc~tions. He said he would like to mix in another
service. Mayor GaUigan told him to get a prop6sal on additional sc~ice and it will be discussed,
LOt. ISVH
Engineer Miller told the Board that L and I Raih'oad is planning to repair the tracks at Dutch
Lane and waats permission to close Dutch Lane for one week in order to do so. Engineer
Miller made the motion to approve closiag Dutcb [,ane for cna week for L and 1 Railroad to
repair tracks at crossing, seconded by Councilperson Waiz and carried unanimously.
City Attorney Gal/~an a -.
~,r ..~¢o It Mr, Tede~-~' _o. tu aonat~ons m~.., , ..ouCh donations 'r _,f, ut ~s approved
,.u, waiz d,-~.~'.. °col~a~eVocd .... , """mpaylor~ho~. , ' *"crotalco .
C'h,, A.. ' a...~,~ u a~y c/tv i; _ .. o,~,,cc~ a co ~.~, - --~ valance ~tract
~.,~'y ~morney Oa/liua, ,,~%,,,.c,,s nad been us ~ ~'"'~' ~na Mayor O ', C°?cdperson
o-. vu~e~ to approve ~he -~ ~f]st the cOntract ~,.~mee~ Miller voted i. ~Otmn
.... ~a~PlOtl°~, and
republl~hed u~ t~.~ . c nted FOur mmal O
Res~lution ./~ ,"~ newspaper. A k~, 7undemmn~ Ro~- -,
Re~,~lutio~ J~Z~ames and Lisa ~o.~"~ng ~s schedule~ tb ~Jur~ons for approw~
' g/m~Davi~ ~ ·. ': Yce-san ta~ e~ _ ''~ ~v~arch 18 ~ ~'. ~ne said
Ro~,,~,.,' 7.' "~alad anti u~. · ,' "me~:e- t'entll c, _ - ......
- d earned tmanimo~t~N e Condemmng Resol/tion ~9 10 ), -
~ -~..,u a,m., ScCond~.,4 ~. ~,~me be~orc thc ~. ~ ,
,~ ~ ~ ,,er and carried . ' .,~ae by
c~ ~' ~' ~ ~ unammously ~nglneer Miller to
P, 02
RlggOLUTtON NO. 0~-R'ff~-
A I~$OLUIION CONDEMNING CERTfilN REfiL
PROPERTY pURSUiT TO ~I~A CODE 3~11-~5 ~c seq.
,.' "
NOW T~O~, ~ ~ ~BY F~T~R ~L~D dmt
NOW T~E~ORE, ~E IT ~ ~IRTHER ~SOL~D fl~at fie
Adop~ ~s ~5~ dall ~ ~e%~; 2002,
ATTEST:
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t 0/19/2004
A RE~OLU?ION CONFIRMING D~GES ~OR
~NDE~A~ION
INDIA CODE 32-11-13 a. seq.
WHE~AS, on Feb~- 25, 2002. ~e Bo~ dE ~b~c ~ ;o~s and Safe~
CoM~g C~ ~ Prop~ ~umt W IMhaa Code 52-11-1.5 ~
. - . .._~_.~..a., &scriBed ¢ ~hibit A, attached h~ew
~t& real esmm ~ mom paru~
~ 2i, 3302 aM 5~imh 28, 2002 r~ by IMia~a ~de 32-11-1
Board's t~ mee~g m AE~ B, 2002;
gcsok~on Coafi~ ~M~fion of Ce~ R*~ ?~oP~ti preset m,
I~am Code 52-11-1J g J%; and
- 2l A
, on ~ ~ tS, 200~, thc Boar~ adopted Resotu~on No. O2-R- ,
Resotu~ F~sffbhs~ List ~f l~us~' Afl. ted ~teres~ i~ CoMe.ed
Ymp~: ~aa Esmb~s~g D~s; md ~tab~g Ap~i 29. 2002 as th~
the B rd , ,onla b~ mmomma~ ko~ persom interested m or affecr~
~c cond~a~on. ~ p~s~t to In~i~ Co& ~- 11 t ~
W~. da April 25. ~002. ~uen aofi~ ~a person~7 ,~ed upon the
~mer of each ~iece ofp~opem', sh~4ng ~e amomt o{ ~e d~e
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the he,flag, therefore on April 29, ~30g, the Board postponed the
mmomlxance heaxiag m M~y 6, ~02;
Lia~ F~ke,the ~ adopted R~o~fi~n O2-R-
Dm-~s {or ~n&mnafion of Cen~n Pmp~ pmsu~t w ln&~a ~de 32-
NO~ THE~FO~, BE II HE~' ~SOL~D that
heIebv co~ m d~e a~,~d w David ~d ~& Fra~ ~ ~he amom~ of
5~ ~ts set out Nlm R~ol~on 02-K-21;
NO~' ~E~FO~, BE IT ~By NRT~K ~SOL~D ~t
~e Bo~ . - - ~_r ~ / ~ f~
D~ages m the amomr m q~ ,
Cl~kff ~as~ for p~em of ~e ~s
5doptd ~s day 6f MaT
crib- OF jEFFERSONX'qq LE
BO?~KD OF PL?BLIC WO1LKS &
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10/19/2004
'MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY'
OF THE-CITY OF JEFFER$ONWILLg, INDIANA
FEBRUARY 25, 2002
Mayor Galligan called th~ mcethg t~ order at 9:30 a.m. ~d an cart of ~e ro~ those m~abers presem
- ~ - ~ Tteatm~ Dkeao~ Cawfo~d, K~-elo,~t
Ma pre~t ~.~re: S~ety D~ector ~ad~, ~ a~l~at~ '
~a~aee~ ~flll~ m~e ~e marlo, to ap~ove ~ p~wo~ a; ~eseatefl~ secona~ ~'
s~im. 5~yor Galti~n told hmro
LOIJISy~LLE _C, ID L'qDIklq~k lZ ATLR~;LD CLOSL-P,E
Eagiacer Miller told theBoard tttaI L and I Raih'oad is pla,ming to repair thc tracks ag D~teh
Lane and wants perm~ioe to cl~;e I~tcb. Lane for on~ w~ek in orde.~ to do so, Emgiaeer
tep~ ~racks a~ crossing, s~m3~ by Coun~s~son ~a:z aM
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CONT~,CT FOR~,c~ATL
Cit~,' A~o~e~~ G~ asked
S1S0,000.0O. ~vot G~i~ s~d ~as ~;o~d ~y fo* ~e ~lanoe
' ~d ~-er si~ a ~mr~ aMMa?r G~ sfid he bas n~.
to a~p~ve ~, eon~t s~on~ea ~' Councilp~n Wak ~neer Miller ~otcd in laver of
th~ ~a~. Coaadlp~u W~z voted
b~or O~i~ voted to approve ~e c~ra~.
Attorney ~alligan pre,crated four initial C~demiag Resolutions for app~vat She saki the)* have bee~
republished i~, the ne&'spapeL A hemiag is scheduled for March lB, 2002.
kcsoluf:on ~10-Da,4d aaa Lirda Frandce-Tcath St. pmpeay
P.~otutio* ¢11-Dax4d aaa'PatficiaHa~-3-le~th St. property
I{.~>[utioa g l2-Br. C_mt'¢aan-T~nth 8t. Pralaert.~ ' 1 12. _
Engineer Mille~ made the moti,:m tv app~oa:e Condt~nni~ Resolutton ~:10.1 , and . scientist by
Coun~¥ersen W~'~et carfiM unaolmou~ly.
,ATTEST:
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10/19/2004
MINUTES OF' THE BOARD OF PUBLIC WORKs AND SAFETy
OF lite CITYOF JRFFER~. O/~,iLLi~, I~-Di~_A
' ' order ,.~ g:30 a.m and on e.~ of ~e roll ~o~ members Present
fha ~ the ~J~ms ~e 1~ off of~ appr~is~ ~n ~
and k~' M~'; app~i,~ ~e close. ~ g'him Pmm~s a rm~ appr~ m' $202,550.00
monon t · , mrs ~s n,t
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Oal~iga~ and h~lfmet ~ChmH~ He ~id hew~ld ~mply ~thbl~k~g out
by ~h¢ Zo~ng Bond's r~omm~ion. H~ ~5tl be atten~ng Ibc B~rd ofZodng Appc~s
~ng i~ AF~. Co~p~m~ W~z ~e ~e motion m table t~s
E~g[neer Mil!.¢r mid t'en~ have b~a ~-t~ ia e~sem~s ia ~ver Wood~ sub~ivi~on ~d
th~' ~ ~Mg the dralm~ flow. A~rdMg m ~ce, e~ ~mot be obstrmed -
~d5 DEPA~T_MENI H/RtN~
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MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFE'rY
OF ~ CITY OF JEFFERSONVILLE, INDIANA
APRIL
Mayor Galligsa ~alled the mecti~ to order at 9:30 a.m sad on call vi'the, roll rho~e membe~ present
wer~.'. Gom~cilperson Waiz and City En~n~er
Aim present were: Safety Dir=aor tk~d6e~ Wast,waist '[r=atmeat Director Crav, d'vrd, .amimal Shelter
Dire;tot K¢ller, Polio' Chiet' Pavey, ad~fiaramr Rich Dm&: Fke Chief $~rdttq 3eliding
Cornmimiouer Gavi~L CW Arran'S' GalligmL Yehicle N-~ateaan~ Dirt4tr~r Draq'~ Mayor Assiaaat
Whit=, Street Com~ssion,r Count, Planning and goni~ Director Eeke, Pare Director Elliott,
Engineering Coordinator Dixon, aaa Depu~' Clerk ~mne
Engineer Mill~ made ~h= motion m approve the Ilayfoll ~ presented, secoad~ box'
F'-. Conacilp¢a'son Waiz and ¢~=~ uaanimous~:.
.&manda Daugherty of 725 Fulton Street requested a resident only p~k[~ sign in fi~nt ofh~' re,.4dene¢.
She said p=ople ate parkina in ~Oat of h~ house and litterine her property.. Police Ch~efPavey said he
would cherk out ~he sitaa~ Engineer Miller male the motion to approve the resident oniy parking
si~ c,¢.in,gent upon Police Chief Park's approval, secoodcd ~ Counqlperson Waiz an6 carried
umaimou y.
_NEIGI-IB Ol!ItOOB PRO~BLE~'I
Mark a~ Roy Bi,hop 0£305 md ~8 .~vrtl~ Street app~red ~etbtc the Board ia regard
...... dh
B~diag Com~sfion~ Gavin sa~d he ~ ~&n[ cat a ~axon to ~e owne~ ~ ope. t.o
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Atto~ev Dan _Matra, rcprcscnth~ S~obel app~efl b~ore tl~ Bo~ to ~' thai Strobd
Coundlpe~n Wakz ~e~on~ ho~' ~e ~d~ Stroll h~ ~ abid~g ~ c~d be ~g~.
M~yor ~ig~ bro~t up ~e ~t ~at at & ~,i~s B~td oi~bRc Works m~fing, ~.
hi~ p~vious a~m~, St~=e Y,o~ a~d m do gt of the neces5~' ~a~ by t~ ~ of~g 2002.
A~omey GaIH~n ~d the ~ree~ut ~ b~i~y a ~n~t. M~vor OalHg~ ~
b~ a~ ~d ~fomefl t~ghout ]nflu~fi~ P~ En~r ~ter made ~ motion
Stro~l's o~ aM ~d by t~e one[ ag~, ~d s~onded by ~yor ~[~ Counc~p~n
Phrming and Zoning Director Ecker asked the Board to approve nvo Gt$ contracts ,ith J~oN,
Toombs, ~nd La~z, One ~n~t is for 5uppo~ S~ic~ not to e~ee~ $~,~0-00 a~ the ~h~ c~a=
for P~i~ Conv~ ~d P~miRbg SoRware A~y~s mt to ~d ~,900.00. ~o ~ of
~d~ is ~t ]~ in ~ ¢.on~ ~d ~-il[ ~e o~ of the ~pa~men~ bud~ts. Cou~ilp~son
W~ q~i~ ~e lmg~ d ~ ~ not b~g ~a~d b t~ comm~. ~tomey GaR~ said
~s ~e t~lly for ~e ~'e~ but 1~ ~tn lan~e c~ be ~ded stadug ~ p~ year
En~ }~[e made the m~i~o approv~ ~e ~vo GIS ~oo~s ~h l~obi: Toombs, ~nd L~z for
12 moths, s~eud~ ~' Co~fi~rson %V~ md ~-ti~ u~eusty.
Engineer Milbr sniff M recall'ed a requesl fr~an the Kauonal c'~uard to al°se -" Street £rom Dutch Lane
to Mechanic Street during the sammmm M~-or C,~Jl~an said ttfi_~ could not be. done.
PA'EKING FOR HYDRA.NT,~
Fke C~f Smi~ a~d {h~ Board to ~pm~ ~t~ th~ s{Y~t on ~v~si~ D[D~ ~d ~ver ~ate
Plea for a "no p~g zone". Co~r~ W~z made ;he ~tion to appre~ ~"~ par~" zone
on ~v~mgeDnve ~d ~ P~nte Pl~ secondM ~ Zn~ Mlil~ ~d c~efl ~mmc,ufly
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? CO-¥FIR3r~b"G CONDF~-?'~-ATIONS RE$OLUTrON$ gi4 ~
Hinting no r~o~ators, E~i~eer ~ . ,
~H~D~R RO~ CLOSI~
~ C~ief p~. ~r~e~ the ~nd~ ~-- ~ ._ ..
~oli~ C~ P~'~v told the ~ard rht '~No ~rki~" a~s m ~ re-p~ed in ~t of Je~oat on
~, Strut Commssio~er G~ said
WATT .~ 1~ S~TS
-M~,~ s Er~fi~ ~1 the ~av m *ff~ ~_ n~ ~e ~ er~ted ~n r~ . -
~A~R ~LEM
Cou~oilp~n ~z ~i~ ~ got ~ ~
c . ~ a. ~d~t ~ ·
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http://www.city of~ eff.netJmfviewer3 .asp?Tocid=2464&dbpath=d:klfklfdata&docname=&p ... 10/19/2004
Peggy K. Wilder, in her capacity
as Clerk-Treasurer of the CiVil City of
jeffersonville, Indiana,'
Petitioner
VS.
In the Circuit Court of Clark County
State of Indiana ~=~
Cause: 10D01-0203-PL-062
Thomas Galligan, in his capacity as
Mayor of the city of Jeffersonville, Indiana,
Respondent
Proposed
Amended Verified Petition for
Peggy Wilder, after first being duly sworn upon my oath affirm that:
I would re-allege all of those statements set forth in my original Verit3ed Petition for
Declaratory ludgraeut i~ paragraphs one (1) through fourteen (14). In addition, I would
set forth the following:
Count Two
Indiana Code 36-4-10-4.5 provides that, "The fiscal officer is the head of the city
department of finance..."
Moreover, Indiana Code 36-4-10-4.5 further sets forth that the clerk-treasurer shall,
% .Receive and care for all city money...Manage the finances and accounts of the city and
make investments of city money."
On or about the 13~ day of September, 2001 the Clark County Comrmsmoner entered
into an Assignment of Option and Conveyance of Equity, Acceptance of Assignment
' ~ i
and Consent to Assignment vath the C ty of Jeffersonville" (Our Emphasis Added,
See Attached Exhibit A)
As a result, the City of Jeffersonville was paid the mount of One Million Six Hundred
Thousand Dollars ($1,600,000) to "buy out" the City of Jeffersonville's interest in the
"City County Building".
10.
11.
12.
The proceeds are "city money" defined by lC 36-4-10.4.5 and as such the proceeds of
this sale should have been tende;sed to the Jeffersonville City Clerk Treasurer for deposit in
appropriate investments and/or to pay lawful obligations incurred by the City of
jeffersonville.
The jeffersonville City Council, in response to the mayor and city attorney's refusal to
tender the funds to the Clerk Treasurer adopted Resolution Number 02-R-12 demanding
that the mayor tender the funds pursuant to Indiana law. (See Exhibit B)
In addition, the auditor for the State of Indiana has notifie.d the mayor and city attorney
that it is the position of the auditor that the One lvfillion Six Hundred Thousand Dollars
($1,600,000) should be deposited with the leffersonvllle City Clerk-Treasurer~ (See
Exhibit C).
The mayor and the city attorney continue to refuse to provide an accounting of the monies
as well as refuse to deposit with the {effersonville City Clerk-Treasurer.
As a result of the mayor usurping the statutory and legal duties of the jeffersonville Clerk-
Treasurer the Clerk-Treasurer is unable to ascertain whether the One Million Six Hundred
Thousand Dollars ($1,600,000) has been spent by the mayor.
As a result of the mayor usurping the statutory and legal duties of the Jeffersonville Clerk-
Treasurer the Clerk-Treasurer is unable to ascertain whether the One Million Six Hmxdred
Thousand Dollars ($1,600,000) has been invested and is yielding interest to inure to 'the
benefit of the taxpaying citizens of the City of leffersonville, Indiana.
As a ~esuit 0fthe mayor usurping the statutory and legal duties of the Jeffersonville City
Council has been unable to ascertain where this money has been spent and what the money
has spent to purchase, all in violation of Indiana Code.
- -'- ..... rer's statutory
13. It is the jeffersonville Clerk-l~ duty and Obligation to invest funds
which are paid to the City of jeffersonville. The Jeffersonville City Clerk-Treasurer is
unable to determine whether these funds have been spent and/or invested. If the funds
have not been invested, the citizens of the City of Jeffersonville have been denied the
opportunity to earn income from the One Million SIX Hundred Thousand Dollars
($1,600,000) which has been paid to the city of Jeffersonville.
· Wherefore, the Jeffersonville City Clerk Treasurer requests that the court determine
whether or not the One Million Six Hundred Thousand Dollars ($1,600,000) paid to the City of
Jeffersonville should be deposited in those accounts maintained by the Jeffersonville City Clerk-
Treasurer and/or should the mayor have the authority to divert the payment of those funds to any
account of his choosing which the Jeffersonville Cit~ Clerk-Treasurer of the Jeffersonville Council
have not authority to invest the funds and/or oversee the spending of One ~[tllion Six Hundred
Thousand Dollars ($1,600~000).
_Count Thre~
14. Indiana Code 36-4-10-4 provides that the Clerk-Treasurer shall "...maintain all records
required by law..." as well as "...perform other duties prescribed by law...~
15. Indiana Code 36-4-9-8 provides in pertinent part that the city executive shall
appoint..."other officers, employees, boards and commissions required by statute..."
16. This includes the appointment ora "board of public works and safety".
- -' -- -art that "The city clerk is the clerk of the board
17. This same statute sets fortt~ in perrmem I~ -"
(of public works)..."
18. Indiana Code 36-4-10-4.5 sets forth that the clerk-treasurer shall "serve as clerk of the
board of public works by attending meetings, preparing agendas and recording
proceedings..." Hence, as clerk of the board of public works the clerk shall maintain the
minutes of those meetings, and preparing said minutes for presentation to the board of
public works for their approval and consideration.
19. The Jeffersonville City Attorney has usurped this duty.
20. The Jeffersonville'City Attorney has demanded that the Jeffersonville City Clerk-
' of said board meetings and present those minutes to
Treasurer's office prepare the rmnutes
her for her approval prior to presentation to the board of public works and safety.
21. The Jeffersonville City Attorney changes, alters, and inserts words and phrases in the
those minutes prepared by the Jeffersonville City Clerk Treasurer's office prior to their
presentation to the board of public works for their approval. This includes adding words
and phrases that were not a part of the meeting records and changing words and phrases
that were a part of the meeting records.
22. It is not the job, duty or obligation of the Jeffersonville City Attorney to change auld/or
alter the minutes of the meetings. The members of the board of public works shall have
the obligation to make any changes or amendments to the minutes during their open
meeting upon the presentation of the minutes.
23. As a result of the Jeffersonville City Attorney's act of usurping tiffs function, minutes from
the board of public works have fallen beh/nd as much as four (4) weeks.
24. The elected Jeffersonville City Clerk-Treasurer has individually instructed the board 9f
public works members that it was improper for the Jeffersonville City Attorney to
intercept and change those minutes as prepared and presented by the Jeffersonville City
Clerk-Treasurer.
25. The Jeffersonville City Attorney has ignored the elected Clerk-Treasurer's instruction and
continues to demand that she be given the rdnutes before thek presentation to the duly
appointed board for their consideration,
· · - · ' of the duly
26. In addition the mayor of the city of leffersonville has ignored the instruction
elected Clerk-Treasurer and has persbnally approached, accosted and attempted to
intimidate that deputy-clerk vested with the duty to prepare those minutes.\
Wherefore, the duly elected Jeffersonville City Clerk-Treasurer requests that the court
determine who shall exercise the duty of preparing the minutes for the leffersonville Board of
Public Works meetings, determine whether the Jeffersonville City Attorney has the authority to
change, alter or otherwise dictate the contents of the official records of the leffersonville Board of
Public Works and determine whether the Jeffersonville City Attorney has the authority to change
minutes of a public meeting prior to thek prese, ntation to the appropriate board and body whose
duty it is to pass, adopt and/or amend those minutes.
I affirm that the above statements are true and accurate to the best of my knowledge and
belief.
~eggy Wil~e~J~ffersonville City
Clerk-Treasurer
i,L/7~ ¢~ ,affirm that on th~__ day of May, 2002 the a.b. ove appeared
before mi' a not/try public, a-nd after first bein$ duly sworn upon their oath d~d hereby
affirm that the representations herein were true and accurate and then affixed their
530 E.'
St Court Avenue
~Post )ffice BOx 146
Jeffersonville, Indiana 47130
Tx: 812.288.6820 Fax: 812.282.3188
In. ScL #11443-10
· · of Service
Certificate ....... a ,,,,on counsel for the oppo.,;ing
. ore oJn rtas i~een
I hereby certify that, a copy o.f th_e fl _~".g~= ~lnited States Mail, Postage Prepaid addressed as
party.herein on,, is _M .a..Y~a~-,~2~O=2 '...D,Y ~'or ~'' ~ferso~.~ill.e, in. 47130. .
follows: Ann Marie c~alllgan, ou, ~o=- ".,,.~'
RESOLIJTiON OF TIlE BOARD OF
COMMISSIONERS OF CL?~*J{2 COIJNTY, INDIANA
WHEREAS, the Jeffersonville-Clark County Building Authority ("Authority") has entered
into' a Lease Agreement, dated March 11, 1968, as amended by Amendment No. 1, dated October
13, 1998, and Amendment No. 2, dated March 25, 1998 (collectively "Lease"), by and among the
Authority, the City of Jefferson¥ille, Indiana ("City"), and Clark County, Indiana (" County"); and
WHEREAS, IC 36-9-!3 authorizes the Authority to acquire au interest in govennuent
buildings and systems; and
WHEREAS, the Authority will, at or prior to the issuance of its Lease Rental Bonds of 2001
("Bonds") repay its outstanding bonds issued to finance the Building; and
WHEREAS, in order to issue and sell the Bonds and accomphsh the acqms~tmn of the C~ty
option to purchase and ~ts eqmty interes in. the existing City,County Building ("Building"), it is
necessary to amend the Lease, to consent to an Assignment of Option and Conveyance of Equity
("Assignment") and to execute a continuing disclosure undertaking agreement ("Continuing
Disclosure Agreement");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
CLARK COUNTY, INDIANA, THAT:
1. The Board of Commissioners is hereby authorized and directed to execute, and the
Auditor is hereby authorized and directed to attest, Amendment No. 3 ("Amendment") to the Lease
providing for the City's release from the Lease upon termination of its use of the Building and the
reduction of fixed annual lease rentals after the issuance of the Bonds and the Consent to the
Assignment ("Consent"). The substantially final form of the Amendment and the Consent are
attached hereto.
2. The Commissioners and Auditor are hereby authorized to execute and deliver a
Continuing Disclosure Agreement upon delivery of the Bonds, if necessary, substantially inthe form
attached hereto. The County covenants, to the extent permitted by law, that it will comply with and
carry out all of the provisions of the Continuing Disclosure Agreement. If the County fails to
comply with the Continuing Disclosure Agreement, the sole remedy available for such fai[lure shall
be for the specific performance of the County's obligations under this paragraph and the Continuing
Disclosure Agreement and there shall be no remedies for money damages of any kind or in any
amount.
3. This resolution shall be effective from and after passage.
PASSED and ADOPTED by ~e Boara o~ CommCsmon¢rs o~- Clark County, !n~:anab_is.
da}' of August, 200!.
BOARD OF COMiVJSSIO.~tkS OF CLA_R_K
COUNTY, INDIANA
ATTEST:
t
Auditor
844233.3
-2-
P..r~.SOl.!rr !o1~ No,
A RESOLUTION APPROVING THE TRANSFER
OF FUNI~ TO THE
JEFFERSONVILLE CITY HALL BUILDING FUND
PASSED AND ADOPTED b~ ~c Common Codicil of the ~i~of ,l~ffec~viltc, ~
A l i£ST:
COMiMON COUNCIL OF TH~ CITY
.V,~ f F~R;SONVILLE, INDIANA
the City of.~e~vili~ o~ ~s .____~d~, of
-2-
April 15, 2002
Ms. Lucy A. Emison
lceMiller
One American Square
Box 82001
Indianapolis, IN 46282-0002
Subject: Follow up to telephone conversation on April 11, 2001 concerning the City of
Jeffersonville and the proceeds received from the sale of their interest in the Jeffersonville, Clark
County City-County Building.
Dear Ms. Emison
As per our phone conversation, I read your letter of advice sent to the City of Jeffersonville
concerning the proceeds received from the sale of the City's interest in the City-County Building.
I discussed with you the basis for your conclusion that the money could remain in the
redevelopment fund. It was my understanding that your answer was based on the fact that the
bond documents of the Jeffersonville-Clark County Building Authority (a separate entity) did not
prohibit the money from being deposited in the redevelopment funds.
The reason for my inquiry was that several state statutes address the receipt and disbursement of
City funds (See enclosed) and because we perform a compliance audit in addition to a financial
audit, ! wanted to be sure that I had not overlooked a statute which would give the Mayor the
authority to deposit the proceeds from the sale directly into the redevelopment funds without
going through the Clerk-Treasurer or without the approval of the City Council.
The City sold their interest in the City-County Building located in Jeffersonville, indiana. The
interest was acquired through payments on a capital lease. The lease payments were made by
the City from City funds. V'Cnen the proceeds in the amount of $1,600,000 were disbursed to the
City from the Jeffersonville-Clark County Building Authority Trust (a separate governmental unit
pursuant to state statute) they were deposited directly to a bank account in the name of the
Jeffersonville Redevelopment Department.
The Jeffersonvilte Redevelopment Department is a department of the City but should have no
control over City funds unless authorized by statute or by the proper City officials. The
Department in Jeffersonville has their own fiscal officer separate from the City. Their Board
approves all expenditures of the Department, not the City Council. The Department controls their
own bank accounts and writes their own checks.
Page 2
the
The money was deposited to the Redevelopment Fund without approva~ from the City Council.
The proceeds were never receipted to the Clerk-Treasurer's records. The Clerk-Treasurer is
fiscal officer for the City. ' hat mv understanding concerning your advic¢
· er ed n confirming t , . · Author ty's Bond
In conclUs~°n, I am onl~ i.n.t_~,s~, ~k of restrictions) as stated in the Building being
wes based on the restrlmloJ~
DocumentS. Further, that the advice was not addressing the statutory legality of the funds
held by the Department of Redevelopment. If this is incorrect, please let me know.
I thank you for taking the time to discuss this with me. please know that I am not in any way
questioning your ad~ice. I just needed to have more information so that / could make an informed
decision on the City s cornptiance to state statutes·
Marry Fontaine, C.P.$,
Indiana State Board of Accounts
478
Jackson 52 Ind. 599
?ublic Of Scers and
d Corporations § 354.
asurer. ~ If of Sce
~e City executive and
~. -- (a) A person is
~lifmations prescribed
before the election is
a), even if the annex-
ection.
.~d in Article 6, Section
rk forfeits of Sce if the
]-1.5, recodified as lC
164; p.L.5-1986, § 53;
dcipal Corporations §§ 340,
ers §§ 16, 19, 26.
[~he clerk shall do the
under lC 36-4-6-9 and
tualified' deliver to the
:lerk's office.
discharge of the clerk's
at are required by statute
479
CITY CLERK AND FISC.kL OFFICER 36-4-10-4.5
(9) Serve as clerk of the city court under IC 33-10.1-6-2, if the judge of
the court does not serve as clerk of the court or appoint a clerk of the
court under IC 33-10.1-6-1.1. [lC 18-1-6-3, recodified as IC 36-4-10-4 by
Acts 1980, P.L. 212, § 3; p.L.36-1986, § 3; p.L.189-1988, § 1; P.L.33-
1998, § 9.]
AdministeriDg oaths.
Deputies.
Record of proceedings.
Administering Oaths.
The city clerk had legal authority to admln-
ister oaths incident to his duties as clerk of
the city court, and his duly appointed deputy
had the same power. Davis v. State, 193 Ind.
650, 141 N.E. 458 (1923).
Deputies.
A deputy city clerk had authority to act in
the name of b/s principal. Davis v. State, 163
Ind. 650, 141 N.E. 456 (1923).
MOTES TO DECISIONS
clerk was competent evidence to prove ti~at a
street was under the control of the city. City of
Huntington v. I¥Iendenhall, 73 Ind. 460
(1631).
The only competent evidence of the action
of a common comncil where a' vote was re-
quired was the record kept by the city clerk.
State ex tel. Rennet v. Curry, 134 Ind. 163, 33
N.E. 685 (1893).
The preparation of an index to the records
of proceedings of the common council 'was a
part of the city clerk's ofllcial duties as set
forth in the statutes, and this duty had to be
performed without extra or special compensa-
tion. City of Indianapolis v. Lamldn, 62 Ind.
App. 125, 112 N,E. 833 (1916).
Record of Proceedings-
The record of proceedings kept by the city
Collateral References- 56 Am. Jun 2d
Municipal Corporations § 283.
36-4-10-4.5. Fiscal officers in third-class cities -- Duties -- Scope of
· di~idual liability. -- (a) This section applies to third class cities.
?(b) ;The fiscal officer is the h. ead of the city department of finance. The
~1~J~5~ cer shall d~o the f~ollo~n~i ......... a ~av the money out only on
~ (1) ~eceive anG care Ior ail cl~y ~u~=~ ~ ~ ~
~er of the approvin~ body.
(~) Keep accounts showing when and from what sources %he ~sca]
o~cer has received city ~oney and ~hen and to whom the dscal o~cer
has paid out city money.
(8) Presc~be pa~oll and account forms for alt city o~ces.
(4) PrescMbe the manner in which creditors, o~cers, and employees
shall be paid.
(5) ~sge the ~nances and accounts of the city and make investments
of city money.
(~) Prepare for the le~slative body the budget estimates of miscella-
neous revenue, ~nancial statements, and the proposed tax rate.
(7) Issue all licenses autho~zed by statute and collect the fees ~xed by
ordinance.
(8) Serve as clerk of the board of public works by attending meetings,
preparinE agendas, ~d recording proceedings.
(9) Perform all other duties prescribed by statute.
~¢ 4
36-1-2-6 GENERAL PROVISIONS
36-~L2-6. Fiscal body. -- "Fiscal body" means:
'?'t~1) ~County council, for a county not having a consolidated city;
x~('2~ City-county council, for a consolidated city or county having a
consolidated city;
(3) Common council, for a city other than a consolidated city;
(4) Town council, for a town;
(5') Township board, for'a township; or
(6) Governing body or budget approval body, for any other political
subdivision, tIC 36-1-2-6, as added by Acts 1980, P.L. 211, § 1; 1981,
P.L. 11, § 132; p.L.8-1987, § 81; P.L.8-1989, § 94.]
Cross References. Classification of cities~
Consolidated city, lC 36-3-1-4.
g6-1-2-7. Fiscal officer. -- '~Fiscat office~ mean .
(1) Auditor, for a county;
,/,~,~Controller, for a consolidated city or second-class city;
~3)/Clerk-treasurer, for a third class city;
~ Clerk-treasurer, for a town; or .
(5) Trustee, for a township.
[lC 36-1-2-7, as added by Acts 1960, P.L. 211, § 1; 1981, P.L. 44, § 36.]
Cross References. Classification of cities,
· L I 36314
Consolidated c~%y, _C - - - ·
36-1-2-8. Law. -- "Law" includes the Constitution of Indiana, statutes,
and ordinances. [IC 36-1-2-8, as added by Acts 1980, P.L. 211, § 1.]
36-1-2-9. Legislative body. -- "Legislative body~ means:
(1) Board of county commissioners, for a county not subjec% to IC
36-2-3.5 or lC 36-3-1;
(2) County council, for a county subject to IC 36-2-3.5;
(3) City-county council, for a consolidated city or county having a
consolidated city;
/~"'~) Common council, for a city other than a consolidated city;
k.~ Town council, for a town; or
(6) Township board, for a township.
[lC 15-5-1.5-2(b), recodified as IC 36-1-2-9 by Acts 1980, P.L. 211, § 1; 1982,
P.L: 33, § 15; p.L.213-1986, § 1; P.L.8-1987, § 82; P.L.$-1959, § 95.]
Compiler's Notes. According to the 1990 Consolidated city, IC 36-3-1-4.
federal census, lC 36-3-1, and lC 36-4-1-1, the Res Gestae. Preparedness Plan for Plan-
only consolidated city is Indianapolis in ning Practitlor~ers, 30 Res C-estae 59 (I956).
Marion County.
Cross References. Classification of cities,
36-1-2-9.5. iM[aterials. -- "Materials" means supplies, goods, machiner);
packaged software, and equipment. [p.L.329-1985, § 2.]
36-1-2-10
unit, school
tion districi
local hospit
service dist:
and be sued
as added by
Cited: Gar~
State ex rel, A~
N.E.2d 1156 (I
Separate Loc
Alocalboarc
1937 pension
Collateral
Municipal
62 C.J.S. M
36-1-2-1]
36-1-2~11, -'
Collateral
Municipal
36-1-24~
company,
36-1-2-12,
36-1-2-1:
nicipal cor~
1980, P.L.:
36-1-244.
t980, P.L. 21]
of population
36-1-2-1
' [lC 36-1-2.
Cited: Prc
956 F. 2d 635
36-1-2-1
quoter. -
performin
reliability