HomeMy Public PortalAbout06-19-1989 91
PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA.JUNE 19. 1989
1 The Common Council of the City of Richmond, Indiana met in regular session June 19, 1989 at the hour of
2 7:30 P.M. in the Council Chambers in said City. President Hutton presided with the following
3 Councilmembers present: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust.
4 Absent: None. Representatives of the following media were in attendance: WKBV/WFMG, WHON/WQLK
5 and Palladium Item. The following business was had to-wit:
6
7 ADDITION OF AGENDA ITEM
8
9 Councilmember Brookbank moved to suspend the rules and add Resolution No. 14-1989 to the Agenda,
10 seconded by Councilmember Morris and on unanimous voice vote the motion was carried.
11
12 PLEDGE OF ALLEGIANCE
13
14 SILENT DEVOTIONS
15
16 ANNOUNCEMENTS
17
18 President Hutton announced that she had been receiving calls about the television coverage of the Council
19 meeting by WCTV, Cable 16 and that the sound quality had some problems. She requested the public to
20 speak into the microphone when addressing the Council and for the Council to be courteous with their
21 interchanges.
22
23 APPROVAL OF MINUTES OF JUNE 12.1989
24
25 Councilmember Morris moved to approve the minutes of the previous meeting as prepared, seconded by
26 Councilmember Brookbank and on unanimous voice vote the motion was carried.
27
28 COMMUNICATIONS FROM THE MAYOR
29
30 Mayor Waltermann told the Council that Mr. Andy Eustin, with HUD, was in the City and working with local
31 people on setting up a conference in the City regarding Sustainable Enterprises. Mayor Waltermann said
32 the concept was interesting and would impact four and five generations from now. He added that they were
33 also keeping the Urban Horizons group together and would be planning other events for that group.
34
35 Mayor Waltermann commented on the Richmond Area Rose Festival and encouraged persons to clean up
36 their properties for the many visitors in our community. He said the Moonlight Parade was excellent, but
37 noticed litter being left on private properties after the parade and asked persons to be courteous pick up after
38 themselves.
39
40 Mayor Waltermann said the opening of the Rose Festival will be on Wednesday, June 21, 1989 and there
41 are many tours from out of town scheduled for the activities. He urged good local participation also.
42
43
44 PRESENTATION OF REMONSTRANCES. PETITIONS AND MEMORIALS
45
46 None
47
48 REPORTS FROM CITY DEPARTMENTS
49
50 None were presented.
51
52 REPORTS FROM OTHER OFFICES
53
54 Sanitary District
55
56 Mr. Ralph Willis, Manager of the Sanitary District, appeared before the Council to address their concerns
57 about continued flooding of properties.
58
59 Councilmember Morris asked specifically about the flooding on Straightline Pike and Mr. Willis said during
60 the last heavy rains the storm water was being carried away in the ditch, but caused an overflow when
61 entering a 36"pipe.
62
63 Councilmember Elstro asked to set a meeting with Mr.Willis and the residents.
64
65 { Mr.Willis explained the problem and that the long term fix is to get into Reeveston and find the problem.
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Common Council Minutes Cont'd
June 19, 1989
Page 2
1 He said that two thirds of the community was ignored with the sewer separation project and the project was
2 not plumbed right. He said solutions are in planning stage, but currently they are always in crisis
3 management and there are costs involved which could impact rates.
4
5 Councilmember Morris asked about the new solid waste routes and could there be a better effort for publicity
6 before changing routes.
7
8 Mr. Willis said it was their policy to go door to door with an advertisement for each household and it might
9 have been possible that some part of a neighborhood was missed, but he felt the door to door method was
10 the best method and then utilize the media as back up.
11
12 Councilmember McBride asked if any of the property owners in attendance had questions of Mr. Willis and
13 Mr.James Howell told the Council his brother had attended the Sanitary Commission meeting and Mr.Willis
14 had told them there was no quick fix and no fix without spending a great deal of money.
15
16 Mr. Howell asked if a retention basin might help the South 11th Street area and Mr. Willis explained he
17 would not advise that with sewage water. He explained the sewers in that area go down the alleys and then
18 end up in the same direction. He said they must cut the loop away and direct the floor away from the alley.
19 He said they will continue to hemmer away at the problems until they are solved.
20
21 Councilmember Brookbank asked about the Sanitary District inheriting the brush pick up and about the pile
22 covering a large area on Reeveston Road.
23
24 Mr.Willis said he felt that brush of that magnitude exceeded what should be a regular pick up. He said they
25 have had to hire Rumpke to assist with brush pick up and have been putting out the large containers to be
26 used.
27
28 The resident of 3200 Avon Lane addressed the issue of water in her basement on several occasions along
29 with sewage on one occasion She said they have a sewer right in back of their property, but the run off from
30 the parking lot areas on the east end are causing the problem.
31
32 Councilmember McBride asked if she had given consideration to putting an outside trap on her house and
33 that it had helped with a similar problem he had.
34
35 Councilmember Elstro agreed that he also used the outside trap and it worked.
36
37 Mr. Willis added that the East Main Street project included a 24"storm sewer and that would help with the
38 problem in that area. He said they need an interceptor sewer at Berwyn Lane at a cost of 200,000.and they
39 have placed economic development projects at a higher priority for funding to enhance the tax base and
40 allow more dollars.
41
42 Ms. Sandy LeGear of 2011 Bcston Pike presented the Council pictures and spoke of the flooded yards and
43 the manholes overflowing. Shs said the amount of water is unbelievable and there needs to be something
44 done.
45
46 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY
47
48 None were presented.
49
50 REPORTS FROM SPECIAL COMMITTEES
51
52 Committee of the Whole
53
54 Councilmember Brookbank announced a Committee of the Whole meeting for June 28, 1989 at 7:00 PM for
55 discussion of the 1990 Salary Ordinance.
56
57 REPORTS FROM STANDING COMMITTEES
58
59 None were presented.
60
61 REPORTS FROM SPECIAL COUNCIL COMMITTEES
62
63 None were presented.
64
65
Common Council Minutes Cont'd
June 19, 1989
Page 3
1 MISCELLANEOUS BUSINESS
2
3 None was presented.
4
5 RESOLUTIONS
6
7 Councilmember Elstro moved to suspend the rules and read Resolutions No. 13 and 14-1989 by title only,
8 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
9
10 RESOLUTION NO.13-1989 -
11
12 The Clerk read by title only Resolution No. 13-1989 - A RESOLUTION TO INDUCE J.E. PARKER & CO.
13 (EC. DEV. BONDS).
14
15 Speaking for Resolution No. 13-1989 was Mr. Kent Klinge, Attorney at Law, representing the Richmond
16 Economic Development Commission. Mr. Klinge told the Council the resolution was to induce J.E. Parker&
17 Company to proceed to sell 3.4 million dollars in economic development bonds. He said the Economic
18 Development Commission had passed a resolution in support of the project.
19
20 Mr. Klinge said the company will be located in the north west industrial area and will include two construction
21 phases. Phase 1 would add 60 new jobs with an annual payroll of 600,000. and Phase 2 would add 290 new
22 jobs with an annual payroll of 2,900,000.
23
24 Mr. Klinge said this is the kind of business the City likes to have located here.
25
26 Councilmember McBride asked about the hourly wages and Mr. Klinge said the wages would be minimum
27 with wages starting at 4.00/hr. up to 6.00/hr. He explained the positions were labor intensive and not high
28 tech and Richmond is a good location since the business needs bodies and we have a high unemployment
29 rate.
30
31 There being no further comment, Councilmember Brookbank moved for adoption of Resolution No. 13-1989,
32 seconded by Councilmember Paust and on unanimous voice vote the motion was carried.
33
34 RESOLUTION_ NO.14-1989
35
36 The Clerk read by title only Resolution No. 14-1989 -A RESOLUTION TO AUTHORIZE AN APPLICATION
37 WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
38 FOR HOUSING CERTIFICATES FOR ONE HUNDRED AND TWELVE (112) LOW INCOME FAMILIES AS
39 PROVIDED BY SECTION 213(a)OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.
40
41 Speaking for Resolution No. 14-1989 was Mr. Keith McGathey, Director of the Richmond Housing Authority.
42 Mr. McGathey explained that the Council needed to authorize his application for 212 additional Section 8
43 housing certificates.
44
45 There being no further comment, Councilmember Elstro moved for adoption of Resolution No. 14-1989,
46 seconded by Councilmember Brookbank and on unanimous voice vote the motion was carried.
47
48 ORDINANCES
49
50 ORDINANCES ON FIRST READING
51
52 Councilmember Morris moved to suspend the rules and read Ordinances No.42,43,44,45, and 46-1989 on
53 first reading by title only, seconded by Councilmember Hankinson and on unanimous voice vote the motion
54 was carried.
55
56 ORDINANCE NO.42-1989
57
58 The Clerk read on first reading by title only Ordinance No. 42-1989 - AN ORDINANCE AMENDING
59 CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN
60 AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA PROVIDING FOR THE
61 REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF DANA PARKWAY, IN THE 200 BLOCK,
62 FROM M-2 GENERAL INDUSTRIAL DISTRICT TO M-2 SU GENERAL INDUSTRIAL SPECIAL USE
63 DISTRICT; AND AUTHORIZING THE SPECIAL USE OF SAID PROPERTY AS A MANUFACTURER'S
64 OUTLET MALL DEVELOPMENT UNIT PROJECT.
65
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Common Council Minutes Cont'd
June 19, 1989
Page 4
1 President Hutton assigned Ordinance No.42-1989 to the Plan Commission for public hearing.
2
3 ORDINANCE NO.43-1989
4
5 The Clerk read on first reading by title only Ordinance No. 43-1989-AN ORDINANCE AUTHORIZING THE
6 CITY OF RICHMOND TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BOND (GOLD STAR
7 COATINGS-RICHMOND, INC. PROJECT)" AND APPROVING OTHER ACTIONS IN RESPECT
8 THERETO.
9
10 Mr. Kent Klinge,Attorney at Law, representing the Richmond Economic Develop Commission, informed the
11 Council that the Economic Development Commission had given their final approval on the sale of Industrial
12 Revenue Bonds for Gold Star Coatings. He added that in March the appropriate inducement resolutions had
13 been approved.
14
15 Mr. Klinge reminded the Council that the bonds are not an obligation of the tax payers, but are paid for by
16 Gold Star Coatings, but the local government has to give its approval for the sale of the bonds.
17
18 Mr. Klinge explained that Gold Star Coatings applies coatings to tools to extend the life of the equipment.
19 He said the company will immediately create fifteen (15) new jobs with more in the future and an estimated
20 annual payroll of$335,000. Mr. Klinge said the project will be located in the North West Industrial Park and
21 this is the type of company that seems to survive through bad times and grow.
22
23 Councilmember Elstro asked for clarification on the number of employees and Mr. Klinge again stated there
24 would immediately be fifteen with only one to be brought into the business,the rest to be hired locally.
25
26 Having completed the explanation of the project, Councilmember Morris moved to suspend the rules and
27 move Ordinance No. 43-1989 to second reading, seconded by Councilmember Brookbank and on
28 unanimous voice vote the motion was carried.
29
30 The Clerk read Ordinance No.43-1989 on second reading.
31
32 President Hutton announced Ordinance No.43-1989 was on public hearing.
33
34 There being no comment in support of or in opposition to, Councilmember Brookbank moved for
35 engrossment of Ordinance No. 43-1989, seconded by Councilmember Parker and on unanimous voice vote
36 the motion was carried.
37
38 Councilmember Morris moved to suspend the rules and move Ordinance No. 43-1989 to third and final
39 reading and read by title only, seconded by Councilmember Parker and on unanimous voice vote the motion
40 was carried.
41
42 The Clerk read Ordinance No.43-1989 on third and final reading by title only.
43
44 Ordinance No.43-1989 was adopted on the following call of the roll:
45
46 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
47 Nays: None
48
49 ORDINANCE NO.44-1989
50
51 The Clerk read on first reading by title only Ordinance No. 44-1989 - AN ORDINANCE SETTING TOTAL
52 REGULAR WAGES AND POS!TIONS FOR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF
53 RICHMOND, INDIANA EXCEPT FOR MEMBERS OF THE POLICE AND FIRE COLLECTIVE BARGAINING
54 UNITS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1990 AND ENDING DECEMBER 31, 1990,
55 APPROVING THE ADDITIONAL COMPENSATION TO CERTAIN APPOINTED OFFICIALS OF THE CITY,
56 OTHER THAN GOVERNMENTAL WHO PERFORM SERVICES FOR THE CITY, WHICH SERVICES ARE
57 CONNECTED WITH THE OPERATION OF THE MUNICIPALLY OWNED UTILITY OR FUNCTIONS.
58
59 President Hutton assigned Ordinance N.44- 1989 to the Committee of the Whole.
60
61 President Hutton asked about part time employees and Ms. Sweet said they would be broken down in the
62 regular line items of the final budget.
63
64 ORDINANCE NO.45-1989
65
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Common Council Minutes Cont'd
June 19, 1989
Page 5
1 The Clerk read on first reading by title only Ordinance No. 45-1989 - AN ORDINANCE ADOPTING A
2 PROFESSIONAL NEGOTIATION AGREEMENT BETWEEN THE CITY OF RICHMOND AND RICHMOND
3 PROFESSIONAL FIREFIGHTERS, INC., LOCAL #1408 OF THE INTERNATIONAL ASSOCIATION OF
4 FIREFIGHTERS AFL-CIO, AND PROFESSIONAL FIREFIGHTERS UNION OF INDIANA WHICH
5 AGREEMENT WAS EFFECTIVE THE FIRST DAY OF JANUARY, 1988 AND REMAINED IN FULL FORCE
6 AND EFFECT UNTIL THE LAST DAY OF DECEMBER, 1989.
7
8 Councilmember Elstro moved to suspend the rules and move Ordinance No. 45-1989 to second reading,
9 seconded by Councilmember Hankinson and on unanimous voice vote the motion was carried.
10
11 The Clerk read Ordinance No.45-1989 on second reading.
12
13 President Hutton announced the ordinance was on public hearing.
14
15 Speaking for the ordinance was Mr. Tom Seal, Attorney at Law, representing Local 1408. Mr. Seal told the
16 Council the ordinance was self explanatory and Local 1408 wants to be on a contract with the negotiation at
17 an impasse.
18
19 Councilmember Parker asked if passed does all wages and benefits revert back to the 1988 rate, even
20 though they are being paid at the 1989 rate now.
21
22 Mr. Jerry Purcell, President of Local 1408, told the Council,they were receiving an increase in wages, but it
23 had not been agreed to contractually.
24
25 Councilmember Parker continued to ask about reverting back to 1988 rates and if the Firefighters would
26 have to pay back money and Mr. Purcell said it that be the case they would take the old rate back.
27
28 Councilmember Parker asked how any reimbursement would be made and Mr. Seal explained that the
29 salaries for Firefighters are set by Council and they could ask the balance be held to determine if they had
30 been overpaid. He said they were trying to achieve security for working conditions.
31
32 Councilmember Parker said the City has already paid additional money and he felt it was unfair to ask for it
33 back.
34
35 Mr. Seal said any over payment could be determined at a later date when the parties have agreed and
36 salaries are determined.
37
38 Marge Sweet, City Controller, explained that state law will allow changes to the salary ordinance by
39 subsequent ordinance and since the pay was established in the salary ordinance, the proposed contract
40 extension would supersede the salary ordinance and they would probably not have to pay back funds, but
41 return to the old rate.
42
43 Mr. Seal stated the Firefighters have no problem with that.
44
45 Councilmember Paust expressed his concerns about negotiations being the responsibility of the Chief
46 Elected Official and not the responsibility of the Common Council. He said he has no problem with the
47 aggressive stand of the Firefighters, but feel it is the responsibility of the executive branch of government to
48 negotiate contracts, rather than involved the nine members of the Council.
49
50 Councilmember Elstro said the Council was not negotiating the contract, just extending it to the end of the
51 year and the arbitrator was no different than consultants the city hires..
52
53 Councilmember Morris said she had spoken with Indiana Cities and Towns and the Indiana Code seemed to
54 be vague,but they felt the contract should be extended by the Board of Works as a matter of policy.
55
56 Speaking in opposition to the Ordinance was Mayor Frank H. Waltermann. Mayor Waltermann told the
57 Council that it was their responsibility to set the annual compensation, but does not have authority over other
58 matters or the authority to contract on behalf of the City. He said accordingly the Council is attempting to
59 overstep its authority in two regards.
60
61 Mayor Waltermann said all matters relating to the administration of police or fire departments are the
62 exclusive responsibility of the Safety Board as established by Indiana Code I.C.36-8-3-2 through 4.1 and the
63 Common Council cannot by ordinance supplant the authority placed in the hands of the Safety Board by the
64 Indiana General Assembly.
65
1
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Common Council Minutes Cont'd
June 19, 1989
Page 6
1 Mayor Waltermann said secondly that the proposed ordinance is contrary to Indiana law in that Common
2 Council is attempting to exercise the authority to contract on behalf of the City by adopting and extending the
3 negotiation agreement. He said the authority given the Mayor includes the right to contract on behalf of the
4 city and that is established in I.C.36-4-5-3 which provides the specific powers of the Mayor.
5
6 Mayor Waltermann said that other than the annual compensation any further action by the Council will
7 infringe upon the statutorily imposed authority of the Mayor and Safety Board and the ordinance is a direct
8 violation of the requirement that the Mayor contract on behalf of the City and any passage of the ordinance
9 would be void and unenforceable as a matter of law.
10
11 Councilmember McBride asked how the Ordinance was allowed on the agenda by the City Attorney if it was
12 unenforceable and he was informed that Mr. Barden had never seen the ordinance, but it was introduced by
13 a member of Common Council and prepared with outside legal assistance.
14
15 There being no one else speaking in opposition, Councilmember Hankinson moved for engrossment of
16 Ordinance No. 24-1989, seconded by Councilmember Elstro and on unanimous voice vote the motion was
17 carried.
18
19 Councilmember Elstro moved to suspend the rules and move Ordinance No. 45-1989 to third and final
20 reading and read by title only. The motion was seconded by Councilmember Paust and defeated on a
21 voice vote.
22
23 The Ordinance will return on third and final reading.
24
25 ORDINANCE NO.46-1989
26
27 The Clerk read on first reading by title only Ordinance No. 46-1989 - AN ORDINANCE AMENDING
28 ORDINANCE NO. 39-1988 (SALARY ORDINANCE FOR THE CITY OF RICHMOND, INDIANA FOR THE
29 FISCAL YEAR BEGINNING JANUARY 1, 1989 AND ENDING DECEMBER 31, 1989.)
30
31 Park Superintendent, Dean Bostrom explained to the Council that an employee on an approved military
32 leave of absence since 1985 had now returned to work and been inadvertently left out of the salary
33 ordinance.
34
35 Councilmember McBride asked why the employee had been placed on six month probation after returning
36 from an approved leave and Mr. Bostrom stated he was an excellent employee and was being treated as all
37 employees per the personnel policy.
38
39 Mayor Waltermann said that all employees fall under the same policy and are also placed on probation when
40 transferring between departments.
41
42 Councilmember Parker asked why this needed to be brought to Council if the leave was approved and Ms.
43 Sweet explained the Salary Ordinance needed to be amended to reflect the proper number of employees
44 and it was a clerical mistake.
45
46 There being no further explanation offered, Councilmember Morris moved to suspend the rules and move
47 Ordinance No. 46-1989 to second reading, seconded by Councilmember Paust and on unanimous voice
48 vote the motion was carried.
49
50 The Clerk read the ordinance on second reading.
51
52 President Hutton announced the ordinance was on public hearing.
53
54 Mayor Waltermann noted that he supported the Ordinance.
55
56 Councilmember Parker moved or engrossment, seconded by Councilmember Brookbank and on unanimous
57 voice vote the motion was carried.
58
59 Councilmember Morris moved to suspend the rules and move Ordinance No. 46-1989 to third and final
60 reading and read by title only, seconded by Councilmember Paust and on unanimous voice vote the motion
61 was carried.
62
63
64
65
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Common Council Minutes Cont'd
June 19, 1989
Page 7
1 The Clerk read the ordinance on third and final reading by title only.
2
3 Ordinance No.46-1989 was adopted on the following call of the roll:
4
5 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
6 Nays: None
7
8 ORDINANCES ON SECOND READING
9
10 ORDINANCE NO.30-1989
11
12 The Clerk read on second reading Ordinance No. 30-1989 - AN ORDINANCE FIXING THE ANNUAL
13 SALARIES OF ALL ELECTED OFFICERS OF THE CITY OF RICHMOND.
14
15 The Proof of Publication was examined and found to be in order. Councilmember Morris moved to accept
16 and file the Proof of Publication, seconded by Councilmember Parker and on unanimous voice vote the
17 motion was carried.
18
19 President Hutton announced the Ordinance was on public hearing and Mayor Waltermann expressed his
20 support of the Ordinance.
21
22 There being no further comment, Councilmember Brookbank moved for engrossment, seconded by
23 Councilmember Paust and on unanimous voice vote the motion was carried.
24
25 Councilmember Morris moved to suspend the rules and move Ordinance No. 30-1989 to third and final
26 reading and read by title only, seconded by Councilmember Paust and on unanimous voice vote the motion
27 was carried.
28
29 The Clerk read Ordinance No.30-1989 on third and final reading by title only.
30
31 Prior to vote, Councilmember Elstro stated he would not support the ordinance and felt the raises should be
32 in line with other employees of the City, except for the Mayor's position which should be allowed.
33
34 Councilmember Paust noted that he could give his traditional speech regarding the amount of increases with
35 the Mayor's position deserving to be brought up and the other salaries also. He said if the City is going to
36 continue to get good young people they must pay the appropriate wages and the the Mayor needs to be paid
37 more that any of the department heads. He said that Common Council also has to realize that the salaries
38 are behind and they need to be brought up where they belong to prevent turn over of personnel.
39 Councilmember Paust stated that most cities pay more than Richmond and he will continue to support raises
40 for the elected officials and other personnel.
41
42 Councilmember Morris added that Council took no raises for four years and are way behind other second
43 ,class cities.
44
45 Ordinance No.30-1989 was adopted on the following call of the roll:
46
47 Ayes: Lundy, Brookbank, Hankinson, McBride, Parker, Morris and Paust (7)
48 Nays: Elstro and Hutton (2)
49
50 AMENDED ORDINANCE NO.31-1989
51
52 The Clerk read on second reading Amended Ordinance No. 31-1989 - AN ORDINANCE REPLACING
53 AMENDED SECTION 33.05 OF THE MUNICIPAL CODE FOR THE CITY OF RICHMOND.
54
55 President Hutton announced the Ordinance was on public hearing.
56
57 Mr. Tom Seal, Attorney at Law, representing Local 1408 told the Council he only wanted to go on record in
58 support of the Ordinance.
59
60 President Hutton called for opposition and Mayor Waltermann presented a statement in opposition.
61
62 Mayor Waltermann said that Governor Bayh and the Indiana General Assembly has considered several bills
63 providing for public employee collective bargaining and after serious consideration this legislation has been
64 delayed due to the complicated nature of the issues raised in public employee collective bargaining. He said
65 that since the Indiana General Assembly is continuing to explore these issues and given the fact that we
Common Council Minutes Cont'd
June 19, 1989
Page 8
1 might expect collective bargaining legislation within the next few years, any action by the City at this time
2 would be premature.
3
4 Passage of this ordinance could also result in the city being required to simultaneously negotiate with and
5 conduct binding fact finding with all the departments in the City. This could cause severe fiscal impact and
6 budgetary problems for the City.
7
8 Mayor Waltermann also said the ordinance requires an arbitrator from the American Arbitration Association
9 be included in the panel and there is often a delay of several months to obtain such an arbitrator, yet the
10 ordinance provides strict deadlines which do not permit such delays.
11
12 Mayor Waltermann spoke of the problems created by the definition of an "organized employees group" and
13 determining the bargaining agent for such a group including the criteria to be used to distinguish between
14 employees of particular departments and the supervisory personnel that must be excluded from the unit in
15 order to secure proper chain of command. Mayor Waltermann noted that the ordinance provides no means
16 for judicial review if a question of representation of a department might arise.
17
18 Mayor Waltermann stated that while the General Assembly can and perhaps will, provide for public
19 employee collective bargaining, such an effort by the Council will be unlawful in several respects. He
20 reminded the Council that the ordinance may represent an unlawful delegation of the Council's authority to
21 establish to annual compensation for the police and fire departments by unconditionally delegating that
22 authority to a fact finding panel comprised of non-elected citizens.
23
24 Mayor Waltermann said the proposed ordinance also represents an effort to usurp the authority of the mayor
25 as established by the Indiana Code to fix the annual compensation of each appointive officer, deputy and
26 employee of the city, excluding police and fire and the Council has no authority to fix such compensation and
27 may only reduce compensation as fixed by the Mayor. He said the Council also has no authority to transfer
28 the mayor's authority to a non-elected fact-finding panel.
29
30 The Mayor told the Council the proposed ordinance presents serious legal, constitutional and grave
31 economic problems and in addition to major economic concerns, the ordinance may cause costly litigation
32 regarding the lawfulness of binding fact-finding, usurping of the authority of the mayor now and future
33 mayors and of the safety boards along with problems caused by coordinating this ordinance with the efforts
34 of the Indiana General Assembly.
35
36 Mayor Waltermann stated that the Ordinance should not be passed.
37
38 Mayor Waltermann added that any effort to implement public employee collective bargaining must be made
39 at a state level in order to avoid contradicting and usurping of various authorities placed upon the mayor and
40 safety board by the Indiana General Assembly.
41
42 Councilmember Elstro questioned how the other departments of the City would become involved and that
43 unionization of them can't be stopped anyway.
44
45 Mayor Waltermann commented that this ordinance opens the door and the Council needs to give this
46 serious consideration from a budgetary standpoint.
47
48 Councilmember Elstro stated it was not true that the ordinance would allow every department to unionize.
49
50 Councilmember Morris said she had contracted Indiana Cities and Towns and they felt that negotiations
51 should be done quietly to avoid the dual face saving posturing interfering. She said this ordinance also
52 allows outsiders to set community priorities and the average cost of arbitration is 500.00 per day. She added
53 that this ordinance erodes the legislators ability to set salaries and she will not support.
54
55 There being no further discussion, Councilmember Elstro moved for engrossment, seconded by
56 Councilmember Hankinson and on unanimous voice vote the motion was carried.
57
58 Councilmember Elstro moved to suspend the rules and move Amended Ordinance No. 30-1989 to third and
59 final reading and read by title only, seconded by Councilmember McBride and on unanimous voice vote the
60 motion was carried.
61
62 Amended Ordinance No.31-1989 was adopted on the following call of the roll:
63
64 Ayes: Elstro, Lundy, Hankinsor,, McBride, Parker and Hutton (6)
65 Nays: Brookbank, Morris and Paust (3)
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Common Council Minutes Cont'd
June 19, 1989
Page 9
1 ORDINANCE NO.32-1989
2
3 The Clerk read on second reading Ordinance No.32-1989 -AN ORDINANCE AMENDING PROVISIONS OF
4 THE POLICE MERIT COMMISSION OF THE CITY OF RICHMOND.
5
6 The Proof of Publication was presented and found to be in order. Councilmember Morris moved to accept
7 and file the Proof of Publication, seconded by Councilmember Paust and on unanimous voice vote the
8 motion was carried.
9
10 President Hutton announced the Ordinance was on public hearing.
11
12 Speaking for the Ordinance was Dr. Portzline, President of the Police Merit Commission. Dr. Portzline
13 explained there were two changes in the rules and regulations, one being in Section 10 to correct problems
14 with seniority bonus points in the merit system and in Section 18 to eliminate some unnecessary and
15 burdensome requirements to mark test pages. He said this change was recommended by the Testing
16 Company and agreed to by the FOP,City Administration and the Merit Commission.
17
18 Also speaking was Officer Thomas LeGear who informed the Council that all FOP Lodge members are in
19 favor of the changes.
20
21 There being no further comment, Councilmember Morris moved for engrossment, seconded by
22 Councilmember Parker and on unanimous voice vote the motion was carried.
23
24 Councilmember Elstro moved to suspend the rules and move Ordinance No. 32-1989 to third and final
25 reading and read by title only, seconded by Councilmember Brookbank and on unanimous voice vote the
26 motion was carried.
27
28 The Clerk read the ordinance on third and final reading by title only.
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30 Ordinance No.32-1989 was adopted on the following call of the roll:
31
32 Ayes: Elstro, Lundy, Brookbank, Hankinson, McBride, Parker, Morris, Paust and Hutton (9)
33 Nays: None
34
35 OTHER BUSINESS
36
37 President Hutton requested the July 3rd agenda be limited due to the Annual Fireworks being held that night.
38
39 ADJOURNMENT
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41 There being no further business, on a motion duly made, seconded and passed, the meeting was
42 adjourned.
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44
45
46
47 Sarah L. Hutton, President
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49
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51
52
53 ATTEST:
54
55 Mary Merchanthouse, City Clerk
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59
i Y 60
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65
250
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