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
Wayne Parke: this is excellent research, thank you. To me it all adds up to one thing: the present City Council should repeal the ordinance from the 1980’s which created the Evansville Redevelopment Commission, and take the completion of the Arena and Hotel over as their own. Any other course of action will not be in the best interest of the citizens given all of the cloak-and-dagger, non-transparency and secrecy of the past three years on these projects.
The old axiom: “You can’t tell the players without a program.” is certainly true in Evansville City management/politics.
EVANSVILLE ECONOMIC DEVELOPMENT COMMISSION
* 5 members- Mayor appoints 3 members, City Council has one appointment, County Council has one appointment.
* Serve three year terms
* Meets as needed
The Economic Development Commission’s purpose is the financing of a single, identified economic development or pollution control facility, and the provision of a program to finance multiple, unidentified economic development or pollution control facilities that promote a substanial likelihood of:
-Creating or retaining opportunities for gainful employment
-Creating business opportunities
-Providing reliable water sources
-The abatement, reduction or prevention of pollution
-The removal or treatment of substances in materials being processed that otherwise cause pollution when used.
Excerpted from a July 18th Courier&Press article by Arek Sarkissian:
“Woodruff failed to progress past the first stage with the city. The company had yet to submit loan paperwork to the Evansville Economic Development Commission, which will evaluate whether a developer’s plan is financially viable, said John Kish, Downtown arena project manager.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
EVANSVILLE REDEVELOPMENT AUTHORITY
IC 36-7-14.5-7
Creation of redevelopment authority
Sec. 7. (a) A ____________ Redevelopment Authority (the blank to be filled in with a name designated by the legislative body of the unit) may be created in the unit as a separate body corporate and
politic and as an instrumentality of the unit to exercise any power granted to the authority under this chapter.
(b) An authority may be created by ordinance of the legislative body of the unit.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1993, SEC.3.
IC 36-7-14.5-8
Composition of board; term of office; vacancy; removal for cause; oath of office; compensation
Sec. 8. (a) The board is composed of three (3) members, who must be residents of the unit appointed by the executive of the unit.
(b) A member is entitled to serve a three (3) year term. A member may be reappointed to subsequent terms.
(c) If a vacancy occurs on the board, the executive of the unit shall fill the vacancy by appointing a new member for the remainder of the vacated term.
(d) A board member may be removed for cause by the executive of the unit.
(e) Each member, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the board.
(f) A member may not receive a salary, and no profit or money of the authority inures to the benefit of a member.
As added by P.L.380-1987(ss), SEC.18.
Current members are: Ted Ubelhor, Ken Haynie, and Mary Hallock-Morris
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I do not believe Wayne Parke, nor anyone other than Jonathan Weinzapfel understands who is responsible for what regarding the arena construction and the hotel project.
Most people who view these pages have no idea of the existence of an Evansville Redevelopment Authority, or an Evansville Economic Development Commission, and certainly do not understand what authority these entities wield.
Today I attended what I thought was going to be a meeting of the Evansville Economic Development Commission, which turned out to be a meeting of the Evansville Redevelopment Authority.
At this point in time I still have no idea who the members are on the Evansville Economic Development Authority, nor do I know when or where they meet.
I think this best sums up the whole arena project:
http://youtu.be/sShMA85pv8M
__
Given the opportunity, I will introduce the ordinance that would pull the ERC authority back to where it belongs… in an elected body that will conduct it’s business in the open….
I hope you get the opportunity.
Given the opportunity, I will be 100% behind you on this Brent. For the matter if you don’t introduce the ordinance I will!
Just imagine the SBOA trying to audit a project like this arena. Who would they audit?
From the City of Evansville online telephone directory:
City Controller’s Office:
Vacant, STAFF ACCOUNTANT Controller’s Office (812) 435-4915
Vacant, ACCOUNTS PAYABLE BOOKKEEPER Controller’s Office (812) 436-4918
Vacant, BOOKKEEPER Controller’s Office (812) 436-4923
__
Very interesting materials Mr. Parke. The Mayor has defered the Roberts Stadium decision to the next administration. The City and ERC has proven overwhelmed in the whole hotel fiasco. Shouldn’t the same deference given to the next Mayor for Roberts Stadium also be given for the hotel project. The ERC should defer to our soon to be elected officials and let them start over and do this project right.
I disagree. Officials are elected to perform the duties assigned by constitution and statue from the first day of their term to the last. Board members are appointed to fulfill their statutory and legally assigned tasks for the full term of their appointment.
Interesting article indeed. The point that should not be overlooked either is that about one month ago, Bernice Termenstein said precisely the same thing at the city council and pointed out they were shirking their duty and BJ Watts told her that she was making a political statement that would not be allowed. Could it be inferred that the city fathers would be well served in having Ms Termenstein do the research more often?
You are correct Mr. Day I watched that on TV and was appalled out how they dismissed her comments.
Comments are closed.