Bracken vs Muncie -City of Muncie’s response

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Here you will find the City of Muncie’s response to Bracken’s lawsuit.

Muncie final arguments – hearing Madjax



Bracken Vs. City Of Muncie et al

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With the City-Run EMS on everyone’s mind, Madjax has been put on the back burner.  Here is the full court document and you will be appalled at what has come to light.  Plenty of reading to do, folks.   Lots of question to ask this administration and Muncie City Council members.

Bracken vs City Lawsuit 2017



A. The Defendants acted in excess of statutory jurisdiction, authority or

limitations and without observance of procedure required by law and the

Court hereby GRANTS judgment in favor of Thomas Bracken, sets aside

Defendants actions to enter into the Lease, and thereby declares the

Lease NULL and VOID;

B. The Council’s decision to approve Resolution 26-17 was unsupported by

substantial evidence and the Court hereby GRANTS judgment in favor of

Thomas Bracken, sets aside the Council’s actions relating to Resolution

26-17, and thereby declares Resolution 26-17 NULL and VOID.

C. The Council’s decisions to approve Ordinance 33-17 and Resolution 26-17

were arbitrary and capricious and unsupported by substantial evidence

and the Court hereby GRANTS judgment in favor of Thomas Bracken,

sets aside the Council’s actions relating to Ordinance 33-17 and

Resolution 26-17, and thereby declares Ordinance 33-17 and Resolution

26-17 NULL and VOID.


Muncie City E.M.S. – What’s it all about?

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January 4, 2018, Muncie City Council E.M.S.  committee met to discuss a city-run EMS.  Members of the committee: Jerry Dishman, Julius Anderson and Brad Polk.  The EMS committee members received the feasibility study at the meeting.  Other members of city council in attendance, Dan Ridenour, Linda Gregory, Lynn Peters and Nora Powell each received a copy at the conclusion of the meeting.

Brad Polk recommended they table the vote until the study could be researched further.  He doesn’t believe four days would provide enough time to assess the information.  Polk wanted the committee to meet again after council members had time to digest the study.    Anderson was against tabling on Monday.   No one was sure if the remaining members, Doug Marshall and Alison Quirk had received their copy.   Muncie City Council will meet again January 8, 2018.

So why is the Mayor and City Council doing this?  It’s not because of response times, or wear and tear on the vehicles.  In fact, it wasn’t even to provide better services.    It is about making money.  Visitors to City Hall auditorium were greeted with display screens which read “Making City EMS Profitable”.

E.M.S.  (Extra Money to Spend)

It’s all about adding more money to the city coffers. Although guaranteed there are other ulterior motives mixed in.   Mayor Dennis Tyler believes he can make this department profitable and the extra money could be returned back to the city.    This explains why the ordinance was changed from a designated fund for revenue to being deposited into the general fund.  Just to clarify, the ordinance was changed on the very day it was to be voted on.  What’s that old sayin’ “If ya ain’t buildin’, ya ain’t grafting.”

Let’s take a look at some of the history of Muncie’s finances over the past six years.  The list is not exhaustive, mind you.

January 1, 2012, Mayor Tyler took office with an $8 million surplus, for lack of a better word.    That has all been spent and under his administration, the city tax levy increased every year. Mayor Tyler is quick to blame property tax caps, yet continues to acquire properties which are removed from the tax rolls and spend like there is no such thing as a “cap”.

But, I digress…

In addition to the $8 million, Mayor Tyler was handed two self-sustaining city departments.    One would be the Buiding Commission and the other was Prairie Creek Reservoir.   The latter included a revolving fund.  Prairie Creek had never made a profit until the McShurley administration.

Today Prairie Creek is operating in the red.  And you are familiar with the workings of the Building Commission Dept.  If not, we’ll bring you up to speed.   The building commissioner, Craig Nichols, was arrested and charged with 34 felonies.    The city paid his companies for work not done and contracts well above the what other contractors would have charged.  Nichols demolished vacant properties and the city administration used other property addresses to cover-up the demolitions of empty lots citing it as a “clerical error”.  Despite all the available information, neither the Mayor nor the Muncie City Council or any city attorneys made any effort to investigate the allegations of misused tax dollars.    Nichols is on unpaid leave from the department.

By 2015, the city was unable to finance public safety and passed a 43% income tax in 14 days.  That’s a record, folks.   In 2016, the FBI began to take a serious look at the City of Muncie.  And in 2017 the arrest of Craig Nichols.  Four months later the FBI raided the Muncie Sanitary District and no arrests to date.  The ex-chief of police, Steve Stewart, filed a lawsuit against the city.    By this time the city had put a team of high powered and expensive attorneys on their payroll.   Despite repeated requests for the cost of the attorney fees, the city has refused to provide any financial information.  Mayor Tyler claims his administration is and always has been transparent.

The purpose of city-run E.M.S. (Extra Money to Spend)

There seems to be only one purpose of a Muncie run E.M.S. and it would be to “make money”.   Check this slide out and tell me if this doesn’t fill your heart with confidence in our Mayor’s transparent government.

How to pay EMS 1-4-18 copy

NOTICE: EMS Committee Meeting!

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Just received word from Dan Ridenour, Muncie City Council member the EMS Committee will be meeting on Thursday.  Please pass it on.   Sorry for the short notice.

What: EMS Committee Meeting

When: Thursday, January 4, 2018

Where: Muncie City Hall

Time: 6:00 PM




Official: Muncie city council meeting January 8, 2018

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City Council meeting has been changed AGAIN and it will be held on January 8, 2018, at 7:30 PM Muncie City Hall.

The city-run EMS idea is one of the biggest screw-ups this council has had the pleasure to sponsor.  And they have done numerous stupid acts.

Their only solution to the issues this city has created is to raise a tax or implement a costly ambulance service.

They will round up the usual suspects to speak in support of this ordinance…just wait and see.

Meeting date moved AGAIN!

City Council Meeting January 8, 2018 -until further notice….

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Nora Evans Powell

The January 2018 meeting of Muncie City Council will be moved to Monday, January 8th at 7:30pm in City Hall. City Council will hold a special meeting this Thursday, December 14th to amend the City Codes sec. 32.33, 32.44 and 32.37 which stipulate when Council shall meet each month. Last Friday, after reading Councilman Polk’s email, I suggested Council consider moving the meeting date due to myself and two other Councilpersons having family plans on New Year’s Day. I also felt holding the meeting on the holiday may prevent people from attending that otherwise would attend. Thank you to President Marshall for bringing it together and to my fellow Council members for accommodating this schedule change.



Hopefully, this will be the last and final date for the Muncie City Council January 2018 regular meeting.

Muncie in the news. Channel 8

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Hello.  As you probably know there are lots of things going on in the City of Muncie.  We’re still waiting for Mayor Tyler to release the cost of the attorney fees.   In case you missed Channel 8 news report check the link below:

Wish TV Muncie – is Muncie breaking the law?