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