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HomeMy WebLinkAboutWilder vs. GalliganIN THE CIRCUIT OR SUPERIOR COURTS OF CLARK COUNTY STATE OF INDIANA Peggy K. Wilder, in her capac~p_~' as Clerk T..r.e. asurer of Jeff~----~vill~, ~ ~ ~ Petlboner .LL" Vs HAR 20 2002 Cause No. Thomas Galligan, in his capacity as Mayor of Jeffersonville, ~,~2~... Respondent Cle~k~.~,uper~or Court No. 1 SUMMONS THE STATE OF INDIANA TO DEFENDANT Mayor Thomas Galligan, ADDRESS: 501 East Court Avenue, Jeffersonville, IN 47130 You have been sued by the person (s) named "petit'oner, in the Court - ' stated above. The nature of the suit against you is stated in the complaint which is attached to this summons. It also states the demand which the petitioner has made against you. You must answer the complaint in writing to be filed with the Court, by you or your attorney, within twenty (20) days, commencing the da after you receive this summons, (you have twenty-three (23) days to answer if this summons was received by mail), or judgment will be entered against you for what the petitioner has demanded. If you deny the demand and/or have a claim for relief against the petitioner arising from the same transaction or occurrence, you must assert it in your written answer. ~, It is suggested that you consult with an attorney of your choice regarding this matter. The following manner of service of summons is hereby designated: Sheriff. Dated: March 20, 2002 LARRY O. WILDER Attorney for Petitioner 530 East Court Avenue jeffersonville, IN 47130 (812) 288-6820 Clerk of Clark County Courts Original summons for Clerk and copy If service is by mail, stamped addressed for each defendant to be prepared envelope with return receipt attached to attorneys, be prepared by attorney. SHERIFF'S RETURN I hereby certify that I have served the within summons: (1) By delivering a copy of the Summons and a copy of the complaint to the Respondent, Mayor Thomas Galliqan, on the day of 2002. (2) By leaving a copy of the summons and a copy of the complaint at , the dwelling place or usual place of abode of the said respondent, with a person of suitabi~age, and discretion residing therein, namely: (3) Sheriff of Clark County, indiana By: In the Superior Courts of Clark County En Banc State of Indiana Peggy K. Wilder, in her capacity as Clerk-Treasurer of the Civil City of Jeffersonville, indiana, Petitioner vs. Caus~ Thomas Galligan, in his capacity as Mayor of the city of Jeffersonviile, Indiana, Respondent Verified Petition for _. Declaratory Judgment , Peggy Wilder, after first being duly sworn upon my oath affirm that: Clerk~Superlor Court am the duly elected Clerk-Treasurer of the Civil City of Jeff~rs0nvil]e, Indiana; Pursuant to indiana Code it is my constitutional and statutory obligation to pay warrants and/or claims which are submitted to the Civil City of Jeffersonville, indiana pursuant to those mandates of Indiana Code; 4. 5. 6. On or about March 18, 2002 the City Council of Jeffersonville in a IawfuIly advertised and lawfully held meeting conducted a vote to pay claims as presented pursuant to Indian..a_Code That on or about that same date the City executive presented two (2) additional claims that were not a part of the original"claims docket. These two (2) claims are attached hereto a~ Petitioner's Exhibit A. The City Council on March 18, 2002 voted 4-1 to pay all of those claims as presented on the original claims docket. No motion was made to add the two (2) additional claims and therefore these were no~ idcluded in the motion. As th~ du'i'y elected Clerk-Treasurer it is my legal obligation to present and pay any claims as approved by the City Council so long as those claims met those statutory requirements set forth by Indiana Code. The two (2) claims attached hereto were denied by the City Council. Therefore, as the duly elected Clei'k-Treasurer I was n?t authorized to pay those claims. Rather~ by vote of council I was instructed not to pay those claims. On Or about March 19, 2002 the duly elected mayor appeared in my office and in my presence, without addressing me personally, instructed my Deputy Clerk, Barbara Ho/lis, to pay those claims. My Deputy Clerk informed the Mayor that those two (2) claims were not approved by the Council and that they could not be lawfully paid. '11. 'The Mayor informed my Deputy Clerk in my presence that he was instructing her to pay the claims and that he would "take the heat" for her erroneous actions of paying those claims that were not authorized by the Council. 12. The Mayor, by his actions and instructions, appears to believe that it is the duty and obligation of the Executive Branch to instruct, control and authorize payments of warrants and claims presented to the City of Jeffersonville, Indiana. 13. On or about March 19, 2002 after being informed that my office would not submit to his instruction Mayor Galligan informed my Deputy Clerk, Barbara Hollis, that it was his intent to sue me to force me to pay these claims which were not approved by the Council. 14. The Mayor, by his actions and instructions, appears to believe that the nature of his Executive Power included the~o~peration of the office of the Clerk-Treasurer inasmuch those functions involving the payment of warrants and claims. Wherefore, as the duly elected Clerk-Treasurer of the City of Jeffersonville, and pursuant to Indiana Code 36-4-4-5, I respectfully request that the Clark Superior Courts, en banc, conduct a hearing to determine the powers and duties of the Jeffersonville Clerk-Treasurer and the Jeffersonville Mayor, inasmuch as those issues set forth about. I, Peggy Wilder, after first being duly sworn, affirm that the above statements are true and accurate. PeggyW~, Jeffersonville ' y Clerk-Treasurer State of I~diana County of Clark I, ~{~.~:~ ~l,~,~.([~C', , affirm that on March 20, 2002 the above appeared before me, a notary public, and after first being duly sworn upon their oath did hereby affirm that the representations herein were true and accurate and then affixed their signature hereto. $30 EaSt Court AYenue Po~t Office Box '145 Jeffersonville, Indiana 47'1 $0 Tx: ~t2.288.0520 Fax: 8'12.282.3'188 In. $ct. #'1'1443-'!0 invoice Invoice Number: 0669 Date: February 20, 2002 TECUMSEH TECUMSEH PRO. ASSOC., INC. 6200 E. HIGHWAY 62, SUITE 650 JEFFERSONVlLLE, IN 47130 Phone: 812-285-4500 Fax: 812-285-6990 To: CITY OF JEFFERSONVILLE Attention: Tom Galligan 50t E. COURT AVE. JEFFERSONVlLLE, IN 47130 Ship to (if different address): SALESPERSON ORDER NO. DATE SHIPPED SHIPPED VIA F.O.B. TERMS QTY. DESCRIPTION UNIT PRICE TOTAL 1 March Monthly Rent for Bldg. 2551 & Parking Lot 2,717.00 1 February Monthly Rent for Bldg. 2551 & Parking Lot 2,717.00 ,717.00_...~ I January Monthly Rent for Bldg. 2551 & Parking Lot ~ 1 Balance on Late Penalty Due 191.30 I Balance Due on Security Deposit 2,154.00 ~ 2,154.00.~ 0.00 ~ 0.00 Now Due - Pay This Amount by 10 March 2002 ~ SUBTOTAL 9,419.30 SALES TAX RATE % SALES TAX 0.00 Late Penalty ~ 1.8% 141.29 Pay This Amount After 10 March 2002 - TOTAL DUE Rental Payment: Please make check payable to River Ridge Commerce Center o o Remit to: Tecnmseh Professional Associates, Inc. 6200 E. Highway 62, Suite 650 Jeffersonville, IN 47130 Contact: Gene Robertson Telephone:(812) 285-4502 Fax: (812) 285-6992 0 In the Superior Courts of Clark County En Banc State of Indiana Peggy K. Wilder, in her capacity as Clerk-Treasurer of the Civil City of Jeffersonville, Indiana, Petitioner VS. Thomas Galligan, in his capacity as Mayor of the city of Jeffersonville, Indiana, Respondent Cause: 10D01-0203;PL-0062 2. 3. 4. 6. 7. 8. 9. 10. Verified Affidavit of Barbara Hollis I, Barbara Hollis, after first being duly sworn upon my oath, does hereby affirm that: I am the Deputy Clerk-Treasurer for the Civil City of Jeffersonville, Indiana. On March 18, 2002 1 attended the Jeffersonville City Council Meeting in my official capacity as Deputy Clerk. During the meeting the City Council voted to pass those claims which were presented in the council packet and set forth as the claims list. During the meeting two (2) additional claims were presented to the council which were not on the claims list. These claims were not presented to our office five (5) days prior to the meeting pursuant to statute. The council did not vote to amend the claims list and did not vote to pay these claims. On March 19, 2002 the mayor, Thomas Galligan, came to our office and inquired as to these two (2) claims. I informed the mayor that the council did not pass the claims and that they would not be paid. The mayor instructed me to pay those claims and informed me that he would "take the heat" for this act on the part of our office. I refused because the claims were not passed and payment of said claims would be a violation of Indiana law. The mayor left the office after making several loud objections. 11. Later on March 19, 2002 the mayor approached me in the hallway of the city county building and once again began to discuss the payment of the two (2) claims in question. 12. After a brief exchange the mayor stated that if the claims were not paid he guessed that he would have to sue the Jeffersonville Clerk-Treasurers' office as well as the Jeffersonville City Council. 13. /.I informed the Jeffersonville Clerk-Treasurer, Peggy Wilder, of this threat of litigation. Further, the affiant saith not. Barbara Hollis, Affiant State of Indiana County of Clark I, L-R~-'h/ /~.~l( / ~-~ affirm that on March 2t, 2002 the above appeared before me, a notary public, and after first being duly sworn upon their oath did hereby affirm that the representations herein were true and accurate and then affixed their signature 5~0 'Ea¢~A_v_e_n ue Post (~'ffice Box 146 ..... Jeffe~sonville, Indiana 47130 Tx: 812.288.6820 Fax: 812.282.3188 In. Sct. #11443-10 servec~ Certificate of Service Larry Wilder, affirm that a true and accurate copy of the above pleading has been ........... '-- -'~"in" a co,,,, of same' in the United ~n t~ey Delow on Ivlarcn zl, zuu~, uy ~,~ u /~tage previa d Thomas Gatligan, 501 East Court Ave., Jeffersonville, In. 47130. ~n, Att(~¢y at Law, 501 East Court Ave., Jeffersonville, In. 47130. ~% ...- ~Attorney at Law In the Superior Courts of Clark County En Banc State of Indiana Peggy K. Wilder, in her capacity as Clerk-Tre~a~surer of the Civil City of Jeffersonville, Indiana, Petitioner VS, Cause: 10D01-0203-PL-0062 Thomas Galligan, in his capacity as Mayor of the city of Jeffersonville, Indiana, Respondent Motion for Expedited Hearinq On Petition for Declaratory Judgment Pursuant to Indiana Code Comes now the Petitioner, by counsel, and moves the court for an order setting the above matter for hearing en banc in an expedited fashion, based upon the following: The Petitioners request the court set forth and define the powers of the office of the Mayor of Jeffersonville and the office of the Jeffersonville Clerk-Treasurer. The Mayor of the City of Jeffersonville consistently and continuously makes requests of this office to pay claims that are not lawfully presented and/or are not deemed to present a "State of Emergency" as set forth by statute. The Petitioner reasonably believes that the mayor will continue to engage in this conduct until a court presents an order instructing otherwise. As a result, the Mayor's ongoing behavior could compromise the lawful business of the city of Jeffersonville, Indiana. 5. It is in the best interest of the citizens of Jeffersonville and the office of the Jeffersonville Clerk-Treasurer that this matter be resolved in an expedient manner. Wherefore, the Petitioner request that the honorable Superior Court Judge of Clark County, Indiana set this matter for hearing at the earliest possible occasion based upon the 530 Ey public importance of the issues presented. ~at Law- Cour~ Avenue Post Office Box 146 Jeffersonville, Indiana 47130 Tx: 812.288.6820 Fax: 812,282.3188 In, Sct. #11443-10 Certificate of Service i, Larry Wilder, affirm that a true and accurate copy of the above pleading has been served upon the attorney below on March 21, 2002, by placing a copy of same in the United States m.,~il postage pre~p, aLd' TI19mas Galligan, 501 East Court Ave., Jeffersonville, In. 47130. a~.~ 501 East Court Ave., Jeffersonville, In. 47130. a~y at Law In the Superior Courts of Clark County En Banc State of Indiana Peggy K, Wilder, in her capacity as Clerk-Treasurer of the Civil City of Jeffersonville, Indiana, Petitioner VS. Cause: 'IOD0'I-0203-PL-0062 Thomas Galligan, in his capacity as Mayor of the city of Jeffersonville, Indiana, Respondent Motion for Leave to Depose Witness Pursuant to Indiana Trial Rules Comes now the Petitioner, Peggy Wilder, and moves the court for an order permitting the' Petitioner to conduct depositions of the following parties, Mayer Thomas Galligan, Veronica Conlin, Les Merkley, Dennis Frantz, Ron Ellis, Martha Fontaine, Ann Marie Galligan, and Barbara Hollis, on March 28, 2002 beginning at 8:30 a.m. in the offices of the Jeffersonville Clerk-Treasurer, based upon the following: The Petitioners' claim is fact sensitive and requires that depositions be conducted to preserve evidence relevant to her request. The matter before the court shall be heard en banc and it is in the best interest of justice and expedience to permit the parties to preserve this testimony in a timely fashion and while matters are still fresh in the deponents memory. The Respondent will not be prejudiced by this nor will any of the parties that are to be deposed inasmuch as those parties are all elected officials and/or appointed representative of the people of Jeffersonville, Indiana. Wherefore, the Petitioner request an order permitting depositions in this matter on March 28, 2002. Post Office Box 146 ~× Jeffersonville, Indiana 47130 Tx: 812.288.6820 Fax: 812.282.3188 In. Sct. #11443-10 Certificate of Service I, Larry Wilder, affirm that a true and accurate copy of the above pleading has been served upon the attorney below on March 21, 2002, by placing a Copy of same in the United States rr~il posta~.,D.r~aid: Thomas Galligan, 501 East Court Ave., Jeffersonville, In. 47130. ~torney-~t Law, 501 East Court Ave., Jeffersonville, In. 47130. ( .L-~~ Attorney at Law IN THE CIRCUIT OR SUPERIOR COURTS OF CLARK COUNTY STATE OF: INDIANA Peggy K. Wilder, in her capacity as Clerk Treasurer of Jeffersonville, Petitioner Vs Thomas Galligan, in his capacity as Mayor of jeffersonville, Respondent ~ ~eNo. 10 THE STATE OF INDIANA TO DEFENDANT Mayor Thomas Galligan, ADDRESS: 501 East Court Avenue, Jeffersonville, IN 47'130 You have been sued by the person (s) named "pet tioner"~ in the Court stated above. The nature of the suit against you is stated in the complaint which is attached to this summons. It also states the demand which the petitioner has made against you. You must answer the complaint in writing to be filed with the Court, by you or your attorney, within twenty (20) days, commencing the da after you receive this summons, (you have twenty-three (23) days to answer if this summons was received by mail), or judgment will be entered against you for what the petitioner has demanded. If you deny the demand and/or have a claim for relief against the petitioner arising from the same transaction or occurrence, you must assert it in your written answer. '~ It is suggested that you consult with an attorney of your choice regarding this matter. The following manner of service of summons is hereby designated: Sheriff. Dated: March 20, 2002 LARRY O. WILDER Attorney for Petitioner 530 East Court Avenue Jeffersonville, IN 47130 (8'12) 288-6820 Clerk of Clark County Courts Original summons for Clerk and copy If service is by mail, stamped addressed for each defendant to be prepared envelope with return receipt attached to attorneys, be prepared by attorney. SHERIFF'S RETURN I hereby certify that I have served the within summons: (1) By delivering a copy of the Summons and a copy of the complaint to the Respondent, Mayor Thomas Ga qan, on the day of 2002. (2) By leaving a copy of the summons and a copy of the complaint at , the dwelling place or usual place of abode of the said respondent, with a person of suitable age, and discretion residing therein, namely: (3) Sheriff of Clark County, Indiana By: