HomeMy Public PortalAbout07-07-1966 Such are practically the contentions of the parties in the case -at bar. The
Court held that unless it found that thepetitioners were members of the fire department
and as such were entitled to the protection of Rule II, they would not be entitled
to such protection unless they had first passed the probationary period. Also, on
page 864, the court says: "In the absence of a statute or ordinance expressly extending
protection to applicants, who are serving their probationary terms of instruction,
against having such terms of instruction arbitrarily voided, we are powerless to grant
relief. Manifestly, a matter of this kind is legislative and calls for legislative and
not judicial action. Except where otherwise provided in the constitution, the power to
fix- and safeguard the tenure of public officers and employees is vested in the
legislature."
- The plaintiff having accepted the appointment as a probationary fireman and
acted on it, he cannot now say that he was not a probationary fireman but a regular
III permanent fireman with indefinite -employment and entitled to .notice, nearing and so
forth. His relationship with the board being contractual, it is plain that the minds
of the parties did not meet to make plaintiff a permanent fireman but only met to
make him a probationary fireman with all its limitations. It is obvious that the
board did. not intend to give him an indefinite term but only a term of one (1) year.
Also, it would seem to be a reasonable construction of the statute, 48-6105,
that it applies only to the conduct of the fireman after he is appointed a permanent
fireman and does not apply to any conduct before his appointment, that is, his conduct
in applying for and securing his appointment. Inthe case at bar as to whether or not
the conduct of the plaintiff was good or bad after his appointment has no relevancy.
This case deals only with the, securing of his appointment by false statement in his
application. It is a fair inference that the board would. not have appointed the plaintiff,
even as a probationary fireman, had it known at the time of his conviction for the
crimes of Grand Larceny and Arson. Power and discretion as to making appointments, and
as to who shall be appointed, and as to qualifications of a fireman, and what is. best
for the fire department and the citizens of the City of Richmond, Indiana, is vested
solely in the Board of Public Works and Safety. It is solely for- the board to say
who shall be appointed and who shall be dismissed under the law applicable to dismissal.
This court has no right to control the discretion of the board.
• The plaintiff attempted to show that even the Mayor and others in the City
Administration knew of the past record of the plaintiff as to his arrest at the time
he applied for appointment. The answer to that is, their knowledge is not knowledge
of the board and that it is the board only that makes the appointment.
Also the evidence shows that the plaintiff was present at the hearing of the
charge against him by the board. He knew what the charge was and he made no denial of
III it at the time, and did not deny it in the trial of this case. All he asked the board
to do was to continue the hearing. This. the board refused to do. This court cannot
say that the board abused its discretion in so doing. There was no law compelling the
board to give the plaintiff a hearing on the charge against him, as a probationary
fireman. -
The court is of the opinion that the prayer of plaintiff's complaint should be
denied, and the mandate to the Board of Public Works and Safety refused.
• It is therefore ordered that the plaintiff take nothing on his complaint and pay
the costs.
/s/ Gustave H. Hoelscher ,
Judge, Wayne Circuit Court
Dated: June 24, 1966
There being no further business presented •w ot' - ul made, seconded and
carried the meeti3 d ' - e ! r: -
enry (. son, re i en
Attest: . eeg,
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BOARD OF PUBLIC WORKS AND SAFETY OF THE •
CITY OF RICHMOND, INDIANA, JULY 7, 1966 •
-
The Board of Public Works and Safety of the City of Richmond, Indianammet in
regular session in the C ity•Hall, Thursday, July' 7, 1966 at the hour of 9:00 o'clock
a.m. (est). Mr. Jameson presiding with the following member being present: Mr. Gehr.
Mr. Keller being absent. The following business was had to-wit:
III Mr. Jameson moved the minutes of the June 30th meeting be corrected to read that
Mr. Jameson seconded the motion that the claims be allowed and paid instead of Mr. Keller.
Mr. Gehr seconded this motion and on voice vote was carried.
Mr. Gehr moved the reading of the minutes of the previous meeting as corrected be
dispensed with, seconded by Mr. Jameson and on voice vote was carried.
Mr. Gehr moved that the claims be allowed. and paid, seconded by Mr. Jameson and on
voice vote was carried.
Mr. Gehr moved that the Board approve curb cut request on S. W. "H" Street, 243 feet
east of S. W. 2nd Street. Mr. Jameson seconded this motion and on voice vote was carried.
The Traffic Department has approved this request. -
Fire Chief Fredricks reported on an accident to the Assistant Fire 'Chief's car. He
said this accident had been reported to the Insurance Company and he is waiting for bids.
•
Mr. Jameson presented the following:
July 7, 1966
Board of Public -Works & Safety
Richmond, Indiana
Gentlemen:
Due to the unforeseen accidents, and breakdowns in the automotive equipment the
Police Department has, the department needs more money. In the Repair of Equipment
account L-7, Budget No. 2-25-252.
At this time we have in Repair of Equipment account $123.65, and we have a $200.00
bill for a used motor for #101 Unit, from National Auto, Unit 108 has the motor out of it.
The mechanic stated he thought it would take a minimum of S250.00 to get it running again.
Unit 104 has been down for 2 weeks, and hasn't been checked at this time. There is
approximately 52/3 months to go on this years budget.
Would the board consider getting $1,250.00 more for the police department Repair
of Equipment account.
Respectfully,
/s/ William K. Stultz
Chief of Police
Mr. Jameson said this amount will have to be appropriated out of the City General
Cash Operating Fund.
Mr. Gehr moved an ordinance be prepared to appropriate the sum of $1,250.00 from
City. General Cash Operating Fund, to Police Department Budget Account No. L-7 (2-25-252)
Repair of Equipment, seconded by Mr. Jameson and on voice vote was carried.
It was stated that a counter petition regarding the banning of parking on the north
side of North "E" Street from North 1 9th to North 20th Streets, had been presented to
the Board. Permission for this banning of parking was given by the Board at their last
meeting. Mr. Jameson moved that this matter be taken under advisement and. referred to
the Traffic t partment for further study and a report made at the next meeting of the
Board, July iltth, 1966.
Mr. Harry Scott, 148 S. W. 13th Street, was present at the meeting and reported on
the bad condition of a sewer on S. W. 13th Street. He stated that the sewer does not
carry the water away properly and when it rains, water stands on the sidewalk. This
problem was turned over to the Engineering Department for investigation.
The following people appeared before the Board complaining of undesirable tenants
in the house located at 632 Richmond Avenue: Chelmer Cain, 624 Richmond Avdnue; Mary
Cain, 624 Richmond Avenue, Frank Quigley, 620 Richmond Avenue; Ivan Statzer,631 Richmond
Avenue and Mrs. Zora Blevins, 515 N. W. 7th Street.
It was stated that these tenants were causing a lot of disturbance in the neighbor-
hood, also the house is. in a very bad condition. Mr. Gehr moved that the Chief of
Police investigate conditions at 632 Richmond Avenue and determine if they conform to
the Sanitary and Nuisance Ordinances and report back at the Julyl4th meeting of the
Board. Mr. Jameson seconded this motion and on voice vote was carried.
.Tom Culbtertson appeared before the Board regarding the proposed construction of
a pool by the West Side Splash Club at the corner of Salisbury and. College Corner Roads.
He said he had written to the State Board of Health and had received a letter from Mr.
Offutt of the State Board of Health, granting their permission for the construction of
this pool. After discussion,.Mr. Gehr moved that the West Side Splash Club be permitted
to construct a pool and that it conform to the Building Department requirements, also to
State requirements and contingent to the approval of Mr. Gedvillas, City-County Plan
Commissioner. Mr. Jameson seconded this motion and on voice vote was carried.
The Clerk presented proof of publication of Notice to Bidders printed in the
Richmond Palladium-Item, a newspaper of general circulation in the City- of Richmond,
Indiana on the dates of June 21 - 28, 1966. Said notice designated that on J1y 7, 1966
until the hour of 10:00 o'clock a.m. (est) sealed bids would be received for furnishing
labor and material for construction of a new Road from Williamsburg Pike (U.S. 35 and
U.S. 38) to Rich Road and widening and reconstructing Rich Road to the West City Limits
of Richmond, Indiana. The proof of publication was examined. and found to be in order
and Mr. Gehr moved same be received and filed, seconded by Mr. Jameson and on voice vote
was carried.
Thursday, July 7T 1966 at the hour of 10:00 o'clock a.m. (est) being the date and
time to open proposals received and read them aloud. The following proposal was opened
and read aloud:
Magaw Construction Company $45,221.48
The above bid was under the engineer's estimate. •
The above bid being the only bid received. Mr. Gehr stated that the bid would
have to be taken u nder advisement until Ordinance No. 2210, which is to appropriate
the sum of $184,018.22, . is considered by Common Council August 1, 1966 and then by
the State Tax Commissioners, and then taken from the Service Contractual by Resolution
which will be approximately August 15, 1966. Mr. Gehr moved the bid be taken under
advisement, seconded by Mr. Jameson and on voice vote was carried.
_ Mr. Jameson presented Estimate No. 3203 Street Lighting on S. W. llth between Main
and National Road.
Estimate No. 3203 0per.Cost/Lamo/Mo. Total Cost/Mo. •
Install 2 - 250 Watt Mercury Vapor 'Pendant
Streets Lights on wood poles $4.00 $8.00
Remove 1 - 4,000 Lumen Pendant on Wood Pole 2.35 2.35
Increase/Mo. $5.65
r 5
1.
1
Mr. Jameson moved Estimate No. 3203 be approved, seconded by Mr. Gehr and on voice was
carried.
There being no further business presented an motion duly made, seconded and carried
the meeting adjourned.
en meson, President
Attest:
Athe J. Reeg, ty Clerk
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BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, JULY 14, 1 966
The Board of Public Works and Safety of the City of Richmond, Indiana met in regular
session in the City Hall in said City, Thursday, July 14, 1966 at the hour of 9:00
o'clock a.m. (est). Mr. Jameson presiding with the following members being present:
Mr. Gehr and Mr. Keller. The following business was had to-wit:
Mr. Gehr moved the reading of the minutes of the previous meeting be dispensed with,
seconded by Mr. .Keller and on voice vote was carried.
Mr. Gehr moved the claims be allowed and paid, seconded by Mr. Keller and on voice
vote was carried.
Mr. Don Williams requested permission on behalf of the Country Club Apartments
to construct a swimming pool. Mr. Gehr reviewed the plans and moved the request be
granted with the stipulation that all requirements be followed, seconded by Mr. Keller
and on voice vote was carried.
Don McBride, Park Superintendent, reported that the storm of July 13th had caused
so much damage to trees being blown down that the present funds for Tree and Stump
removal will be completely defunct within the month of July. Mr. McBride estimated
that a sum of $4,000.00 would be needed for the remainder of year 1966. Mr. Gehr
moved that an ordinance be prepared. for Council's consideration to appropriate the sum
of $4,000.00 from General Cash Operating Fund to Board of Public Works and Safety Budget
Account No. J-12 (2-26-261) Services Contractual, Tree and Stump Removal. Mr. Keller
seconded this motion and on voice vote was carried.
Mayor Cordell reported that he had made an inspection of the damage done by the
wind storm of July 13th to the roof of the City Hall. The wind had blown the slate off
the roof in several places and should have immediate attention. This matter was re-
ferred to Chief Fredricks and Mr. Gehr to make an investigation and report their'
recommendations.
Mayor Cordell complimented the Street Department, Park Department and the Sanitary
District for the clean up job being done on. the streets caused by the wind damage to
trees and property.
Captain Stout presented. a request from the Centerville 4-H Club to stage a parade
July 29, 1966 starting at 7:00 o'clock p.m. Captain Stout stated that he had gone
over the route to be used on Main Street and found no objections. Mr. Keller moved the
request be granted, seconded by Mr. Gehr and on voice vote was carried.
Councilman Hollingsworth and four residents in the area of North "E" Street between
North 19th and 20th Streets appeared before the Board to remonstrate against the "No
Parking"' on the North side of "E"' Street betWden North 19th and 20th Streets, that was
ordered June 30, 1966 on recommendation of the Traffic Department. Each person stated
why they were opposed to this order of the no parking area. The Board requested that
the Traffic Department make further investigation and survey to see if there is need
of this no parking area.
The Clerk presented proof of publication of Notice To Bidders printed in the
Richmond Palladium Item, a newspaper of general circulation in the City of Richmond,
Indiana, on the dates of June 20-27, 1966. Said notice designated that on July 14,
1966 until the hour of 10:00 o'clock a.m. (est) sealed bids would be received for
furnishing the Street Department with one (1) 1967 Dump Truck according to specifications
on file. The proof of publication was examined by Mr.Keller and found to be dorrect and
in order. Mr. Keller moved the proof of publication be received and filed, seconded
III by Mr. Gehr and on voice vote was carried.
Thursday, July 14, 1966 at the hour of 10:00 o'clock a.m. being the date and time
to receive, open and read aloud bids received. The following bids were opened and read
aloud:
Warfield G.M.C. Sales
Vivian Buick, Inc.
Fred First, Inc.
Mr. Gehr moved that the bids be referred to Mr. Jameson and Mr. Burelison for
tabulation and recommendation. .
The Clerk presented proof of publication of Notice To Bidders printed in the Rich-
. mond Palladium-Item, a newspaper of general circulation in the City of Richmond, Indiana,
on the dates of June 20-27, 1966. Said notice designated that on July14, 1966 ,until the
hour of 10:00 a.m. (est) sealed bids would be received,f or furnishing labor and material
to construct a sanitary sewer on South 15th Street, from South "I" to "U" Streets aas
provided for in Improvement Resolution No. 1076-1966 as per specifications on file.