Decision Made for New Pool in Evansville

The Parks Commission held a meeting Wednesday on the decision to rebuild Lloyd Pool in Evansville. This was an issue heavily discussed during Mayor Winnecke’s election campaign. The Commission agreed Evansville needs an indoor facility for…

INDIANAPOLIS – In a new report released today by U.S. News & World Report, Indiana ranks first in the nation for government efficiency and fourth in the nation for affordability and opportunity. The report, available online at www.usnews.com/news/best-states/indiana, evaluates the states in seven categories: health care, education, crime & corrections, infrastructure, opportunity, economy and government. Overall, Indiana ranks in the top half of all states nationwide.

“Strong leadership over the last 12 years has made our government efficient and our fiscal position healthy and solid,” Governor Eric J. Holcomb said. “As our state enters its third century, it’s my goal to continue this success and elevate our position on all fronts to take Indiana to the next level.”

U.S. News evaluated states across 68 metrics to create the Best States rankings. The rankings are based on tens of thousands of data points provided by McKinsey & Company’s Leading States Index. In calculating the rankings, categories were weighted based on a national “citizen experience” survey, conducted by McKinsey, that asked people to prioritize each subject in their state and provide their levels of satisfaction with government services.

Governor Holcomb’s Next Level Legislative Agenda is focused on five key priorities that are closely aligned to the areas evaluated by U.S. News & World Report:

• Make Indiana a Jobs Magnet
• Fund a 20-year Plan for Roads and Bridges
• Prepare a Skilled and Ready Workforce
• Attack the Drug Epidemic
• Deliver Great Government Service

“To attract the talent and businesses necessary to position our state for a successful future, we need Indiana to pop off the map as a top performing state,” Gov. Holcomb said. “Folks around the nation are already learning just how much further their dollar goes here in Indiana, and with a strong focus on these key priorities, we will continue to move the needle by every measure.”

Hogsett’s Criminal Justice Center Could Cost $575 Million

Hayleigh Colombo for www.theindianalawyer.com

Indianapolis Mayor Joe Hogsett’s administration on Tuesday estimated that its proposed new jail, courthouse and intervention center would cost between $565 million and $575 million.

City officials on Jan. 31 announced the new “community justice campus” would be located at the site of the former Citizens Energy coke plant, southeast of downtown.

A task force working on the project is slated to announce the financing, procurement and construction processes of the project on March 31.

In a Feb. 28 memo, the Indianapolis Criminal Justice Reform Task Force’s finance committee said the proposed consolidated jail—which would include a health facility and an arrestee processing and engagement center—would make up $365 million of the total cost.

A new building to hold the county’s criminal, civil and juvenile courts and affiliated offices could cost $195 million.

And an assessment and intervention center, which would include mental health and addiction clinicians and social service providers, would cost about $9.5 million.

Other miscellaneous renovations could be $74 million, which would come on top of the $565 million to $575 million for the complex, according to the estimates.

Courts are set to decide by May 1 the scope of participation, with a decision to come through the Marion Superior Executive Committee. That decision could impact project costs, as could factors such as environmental remediation expenses and various economic factors.

Comparatively, under former Mayor Greg Ballard’s administration, the city had planned to spend $408 million on a courthouse and jail complex but later revised that cost down. The city would have spent $1.6 billion in total—including principal and interest payments—over 35 years to finance the project, which the City-County Council rejected.

The memo, released Tuesday, did not say how much Hogsett’s proposal with interest and financing would eventually cost the city. However, officials have estimated the city has $35 million each year for the next 30 years to pay for the development and construction of the campus, according to the memo.

HOK, a design, engineering and architecture firm, is serving as the city’s consultant on the project. That firm previously worked with the city under the Ballard administration and drafted the original requests for proposal.

The Indiana State Police announced today they will join efforts with over 250 Indiana state and local law enforcement agencies to increase education and enforcement around dangerous and impaired driving. From March 3 through March 26, 2017, officers across the state will conduct high-visibility patrols specifically designated to identify and intercept those driving aggressively and under the influence.

“Indiana is known for basketball and basketball fans that celebrate the month of March with great hysteria. We also want Indiana to be known as a state where fans celebrate responsibly,” said Indiana State Police Superintendent Doug Carter. “March Madness and St. Patrick’s Day celebrations will be occasions for parties and celebrations. Troopers will be patrolling all across Indiana to protect our fellow Hoosiers and remove those from the road that fail to heed the warnings and are found to be driving dangerously or operating while intoxicated.”

Increased enforcement during March is a statewide effort supported by federal funding allocated to the state police from the Traffic Safety Division of the Indiana Criminal Justice Institute (ICJI). Troopers will work overtime to conduct observational patrols and sobriety checkpoints around the clock.

According to ICJI, in March 2016 there were 495 alcohol-related crashes across Indiana, resulting in 231 injuries and 11 fatalities. Additionally, during the same period, crash reports indicate 1,128 collisions occurred due to dangerous driving, resulting in 260 injuries and two fatalities. Dangerous driving includes factors such as speed too fast for weather conditions, distracted driving, and fatigued driving.

“Protecting all those traveling Indiana’s roadways is an action we do not take lightly,” said ICJI Executive Director Dave Murtaugh. “With various celebratory events taking place during the month of March, it’s important we remind all drivers and passengers the responsibility of staying safe on the road, lies at their feet. I want to thank our hard working and dedicated officers who will be out in full patrol working to ensure this message is front and center in the mind of all those behind the wheel. The key to safe travel is simple. Buckle up and drive sober.”

Crashes resulting from dangerous and impaired driving are preventable. The Indiana State Police and ICJI would like to remind motorists safe driving is as simple as following these easy steps:

• Before the celebration begins, plan a safe way home
• Do not drive impaired
• If you do drink, use a taxi, public transportation, ridesharing service or designate a sober friend or family member, and give them your keys
• If you see a drunk driver on the road, call 911
• If you know someone who is about to drive or ride impaired, take their keys and help make arrangements to get them home safely

To learn more about the Indiana State Police, please visit: www.in.gov\isp. For more information on Indiana’s efforts on impaired driving prevention and enforcement, please visit: http://www.in.gov/cji/2354.htm.

Justices Told Mayor Lacked Authority To Fire Utilities Superintendent

A divided Indiana Supreme Court held that the mayor of Lawrence, Indiana, did not have statutory authority to terminate his city’s utilities superintendent, writing that such authority rests with the utility board. Justice Mark Massa, writing for four of the five justices, first noted that although Lawrence Utilities is municipally owned, it is overseen by a utilities board and operated by a board-appointed superintendent. The board was created under Indiana Code to control the city’s municipal utilities, so a “department of utilities” does not exist in Lawrence, Massa wrote. The lack of such a department removes the mayor’s statutory power to appoint or remove the superintendent. Further, Indiana Code holds that “the superintendent may be removed by the board for cause at any time after notice and hearing.” Such clear and unambiguous statutory language means that only the board could have removed the superintendent from his position, and its members could only do so after notice and hearing. Click here for a copy of the opinion.

Posting Of Roll Call Votes

House Bill 1622 would require clerk-treasurers to post all council roll call votes to the city or town’s website within 24 hours after the vote is taken. The information must then be maintained on the website for four years. This requirement would only apply to municipalities with websites; there is not a mandate for municipalities to create websites if they do not already have one. Twenty-four hours is an unworkable deadline for many municipalities because, in many cases, clerk-treasurers contract their website work out and therefore would have to pay an outside company for this increased work. Accelerate Indiana Municipalities (AIM) have shared these concerns with the bill’s author and is working to narrow the legislation in a way that will not negatively impact municipalities who are not prepared to take on this requirement.

Indy Tax Hike Approved As Indy Revs Up For Transit Boost

More than three months after Marion County voters approved it, the Indianapolis City-County Council on Monday night gave the green light for an income tax hike to fund game-changing improvements to the city’s bus service. Now comes the hard part. IBJ’s Susan Orr has info on the next few stops on mass transit’s journey, including when the tax increase will kick in, how much it will run, what it will cover and what it won’t.

Judge Affirms Dead Candidate Winner In Allen County Election

An Allen Superior judge decided Wednesday that the Republican candidate for an at-large seat on the Allen County Council who died four days before the General Election was properly left on the ballot and certified as a winner. The judge noted that Indiana Code doesn’t specifically address this unique situation. Click here for more from Indiana Lawyer.

FOOTNOTE:  This article was submitted by Joshua Claybourn.  Joshua is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.