Subject: City/Common Council and Evansville Redevelopment Commission
By: Wayne Parke
There are several references one has to review to understand what authority/responsibility the City/Common Council and the Evansville Redevelopilment Commission (ERC) have. See the References below for some of those sites.
Discussion:
Generally speaking the City /Common Council has very broad power/authority regarding almost anything regarding the City. Some of their authorities/responsibilities are to pass/approve a budget that governs all the city’s expenditures for a year and it is the legislative body of city government. It legislates by passing city resolutions and ordinances. A city ordinance is a law passed by City/Common Council that can cover a wide range of city-related issues.
When the City/Common Council passes/adopts an Ordinance it goes to the Mayor for signature or veto. If the Mayor vetoes an ordinance the City/Common can still make the ordinance law with a 2/3 vote to override the Mayor’s veto. An ordinance does not need to have the approval of the Mayor or any other city government agency to become law. This is true even though the Mayor is the chief executive. Any city ordinance cannot be in conflict with any State or Federal Law.
Indiana Code 36-4-6-21, gives the City/Common Council the authority to investigate city departments, city officers and employees of the city. When doing an investigation, the City/Common Council is entitled to all records and can compel the attendance of witness.
The City/Common Council has nine members. Currently there is one Republican and eight Democrat members. The Democrats have had a majority control of the City/Common Council for 35 straight years.
The Redevelopment Commission was created by State statue. A city can elect or not elect to have one. Our City/Common Council adopted an ordinance creating the Evansville Redevelopment Commission (ERC) in the 1980’s under Mayor Mike Vandeveer. The City/Common Council approves/disapproves the ERC yearly budget. The ERC has five members. The City/Common council appoints two of the five members and the Mayor appoints three of the five. Many of the things the ERC does requires a confirming resolution of the City Council so that they can act. An example, the City Council passed a resolution giving ERC the power to handle the arena matters.
The Department of Metropolitan Development (Tom Barnett) is the administrative agency for the ERC.
Therefore I believe, with a majority vote the City/Common Council has the authority to legislate/review/investigate almost any City issue if they decide they want to do so. Some Commission members and City /Common Council members (not all) tend to rubber stamp what the Mayor wants to do without asking tough questions to make sure their action represents the best interest of the citizens of Evansville.
References:
1) Evansville Municipal Code: http://www.codepublishing.com/IN/evansville/
Study the complete code with emphasis on Title 2 Administration and Personnel. Note Chapter 2.10 on City/Common Council and Chapter 2.50 on the Department of Redevelopment.
2) Indiana Code: — TITLE 36. LOCAL GOVERNMENT & http://www.in.gov/legislative/ic/code/title36/ar4/ch6.html
Note IC 36-4-6-21 Investigative powers of legislative body (the City/Common Council)
Wayne Parke