MSD Board, statutes and what is truth?

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MSD Meeting

Timeline

  • June 2012 Board of Public Works hires city engineer
  • July 2012 Mayor Tyler demands MSD board member resign
  • July 2012 City attorney informs MSD board they are violating a statute
  • January 2020 Mayor Ridenour appoints city engineer
  • January 2020 Mayor Ridenour demands an MSD board member resign
  • January 2020 MSD attorney reports there is no city engineer on the MSD board
  • January 2020 MSD attorney will review the statute.

MSD 5-minute meeting with the president, Bill Smith voicing his opinion about the letter, Mayor Ridenour presented to the Sanitation Board.  He called it unprofessional and mused why Ridenour would quit a well-paying job to be mayor.  (Rolling eyes)

In the July 18th, 2012 Star Press edition an article appeared “Tyler moves to flush Sanitary board member” The article goes on to say Tyler demanded board member Theresa Ford resign no later than Monday.  John Quirk, city attorney, cited a statute that required the city engineer to sit on the board.    In June 2012 the Board of Public Works (BOW) hired Mike Cline of Indianapolis consulting firm HWC to fill the role of an engineer.  John Quirk was a member of the BOW.

That was then and this is now.

The meeting starts with Bill Smith receiving a letter “demanding” one of the board members resign.  Mr. Smith is somewhat displeased and he hands the meeting to the MSD attorney Mark McKinney.    Mr. McKinney says the letter reads “the commissioner (name unknown) needs to resign because of the city hiring an engineer who will replace the unknown commissioner”.

Approximately 50 seconds into the video, Attorney Mark McKinney says Cline is not on the board as an engineer.  He was appointed by Mayor Dennis Tyler to sit on the board.  McKinney said he would look into the statute.  The same statute John Quirk used to remove Ford.

There seems to be a conflict.  In June 2012 Cline was hired as the city engineer.  In July 2012 John Quirk said the board was in violation of the statute requiring the city engineer to sit on the MSD board.   Quirk demanded Ford resign.  To our knowledge, Cline has been on the board ever since.  We believed he was the city engineer during Tyler’s administration.  Guess we were wrong.

McKinney said he would look into the statute.  We don’t know when Cline stopped being a city engineer but certainly, the MSD is in violation of the 2012 statute as was the previous board.

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Copied this statute from the City’s Facebook page.  It was posted as a comment:

City Engineer must be a member of the Board as required under 36-9-25-3 (b)(3) because the district was established under 36-9-25-1(b)

.IC 36-9-25-1 Application of chapter Sec. 1. (a) This chapter applies to the following: (1) A second class city located in a county having a population of more than one hundred eleven thousand (111,000) but less than one hundred fifteen thousand (115,000). (2) Each municipality in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) in which the legislative body has adopted this chapter by ordinance. (b) This chapter also applies to each second class city not in such a county in which the legislative body has adopted this chapter by ordinance. (c) In addition, in a consolidated city, sections 9 through 38 of this chapter apply to the department of public works and the board of public works, subject to IC 36-3-4-23. [Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-27-1 part; 19-2-27-3; subsection (b) formerly 19-2-14-32part; 19-2-28-1 part; 19-2-28-6; 19-2-28.5-1; 19-2-28.5-3 part; subsection (c) formerly 18-4-2-9(a) part.] As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.12-1992, SEC.179; P.L.80-1997,

 

 

 

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