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HomeMy WebLinkAbout05-06-1996 MEMORANDUM JEFFERSONVILLE COMMON COUNCIL MEMORANDUM OF EXECUTIVE SESSION COUNCIL MEMBERS: PERSONS PRESENT TOPICS OF SESSION (RE: IC 5-14-1.5-6.1) (1) State of Federally authorized topic Notes: (2) Strategy regarding: A. Collective bargaining Notes: Litigation (pending o3' threatened in wri, ting) Notes: ~try V i~t~A~r£~&l ! ~U~V)~ t~ Security systems (implementation) Notes: Purchase or lease of real property up to the time contract or option is executed Notes: (3) (4) Not aPplicable Information, and interview of prospective employees Notes: (5) Individual's: A. Alleged Misconduct Notes: B. Status as employee Notes: (6) Confidential records (as classified by state or federal law) Notes: (7) Job performance evaluation Notes: (8) Appointment of public official: A. Develop list of prospective applicants Notes: B. Consider applications Notes: C. Make one exclusion of applicants Notes: I certify that the above-checked item(s) were the only subject matter (s) discussed d 'ng thi executive session and no vote was taken. Title Date $~/gl' BY :OD&M, PLLC .GREENEBAUM DOLL & McDONALD 3300 NATIONAL ~ TOw{~ 101 SOUTH ~ STlc~i LOUISVU. LIL KE~{'TUC~Y 402{)2-3197 'r~,~HONI{ 502/~09-4200 ; 5- 3-96 : 11:57 : 1480 ~IN~ ClR'n'~ 'ro~lt OD & M. pllC~ 812 285 6468;# 2/ 3 832 MAIN Tcicphonc: 5(~/~-~ FbX: ~2/~{0.-2221 U-mail: t~i@~lm.cum May 3, 1996 VIA FACSIMILE Ms. ~mne Marie Sedwick Department of Law City of Seffersonvflle City-County Bldg. 501 E. Court Avenue Jeffersonviile, IN 47130 Dear Anne l~larin: Thank you for meeting with Debbie McDonald and me m discuss thc ordinance that has been proposed by the Jeffersonvillc City Council that would require a $5,000,000 emh bond of those industries identified in the ordinance. We understand from news accouuts and meetings with Council members that thc ordinance has, in large part, been targeted ag~in.~t Louisville Barrel's proposed ' ' relocation to Clark County. As I expressed m you during our meeting, I have a n. mher of reservations about the validity of thc enactment of such an ordinance. Louisville Barters location h outside the Jeffersonville city limits where thc City's regulatory powers are limited. Indiana state law is very particular on those matters that may be regulated by a city outside its jurisdiction and there is reasonable doubt in my mind whether the proposed ordinance is permissible ,ruder the statutory scheme. Aside from the statutory issues ra/sed by the ordinance, I believe there are significant federal and state cousfitut/onal issues raised by the application of this ordinance to Louisville Barrel As you know, the Indiana Constitution has equal pwtection and due process protections for individuah and corporations very similar to the federal constitution. The Constitution also contains a provision protffoit/ug the enactment of ex post facto laws. There are numerous Indiana federal and state cases that have struck down city ordinances for violation of these .SENT BY:GI]t~t, PLLC ; 8- 8-96 ; 11:8~ i GD & ~, PLLC~ 812 285 6468;~ 8/ 3 GREENEBAUM DOLL & McDONAlD 1tl.c Ms. Anne Marie Sedwick May 3, 1996 Page 2 principles. The combination of these federal and state constitutional rights guarantees to my client thc ability m opcratc its business and £o be treated fairly as any other individual or corporation doing busirmss within thc jurisdiction of the City o~ leffe,~sonville. An action by the City of Jeffersonvflle Council to enact ~n ordinance thai is designed to prevent my client from operating its tmsineas would constitute a dcprivation of his fedcral and state constitutional rights. In such case, an individual or corporation has various legal options to pursue, including full redress of his civil rights in a federal action ng~imt thc individuals and corporate entities who have deprived him of his rights. My client hopes to coexist peacefully with the City of Jeffersonvillc and all of its inhabitants, including the City Council, but if it is forced to abandon its pl_~nned facility because of the actiom taken by the City Council, it will have no recourse but ~o avail itself of all its legal remedies. I hope that thc City Coun~ will take the ~ to understand thc consequences of singling out a particular corporation or individual for special legislation and to closely rcvicw the statutory and constitutional rights of my client before it takes any precipitous actions. As always, my client and I are prepared to discuss this issue with you at your request. Very ~ yours, Bradley E. Dillon cc: Greg Can.slar Debi McDonald nED/ldt