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Judge: Library did not comply with public notice requirements

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The Indiana Tax Court Tuesday upheld the decision by the state to reject appropriations and levies associated with the Speedway Public Library’s 2011 budget because proper public notice regarding the budget wasn’t given.

The library published notice twice in July 2010 that it would conduct a public hearing on Aug. 4, 2010, regarding the budget and tax rates and it would adopt its budget at a meeting Aug. 17. No members of the public attended either meeting. The library submitted its budget to the Speedway Town Council, which at a regularly scheduled meeting Sept. 13, approved and adopted the budget and tax levies.

But the Department of Local Government Finance refused to approve the 2011 budget because no notice complying with I.C. 6-1.1-17-3 had been provided to the public regarding the Sept. 13 adoption meeting. The DLGF instead reinstituted the appropriations and levies associated with the library’s 2010 budget.

Senior Judge Thomas Fisher affirmed in The Speedway Public Library v. Indiana Department of Local Government Finance, 49T10-1103-TA-22. Fisher rejected the library’s claims that the town council did not adopt the budget at the Sept. 13 meeting but merely reviewed it. He also disagreed with the library’s argument that it didn’t have to give notice of the meeting because it had already complied with and satisfied the notice requirements.

When the town council received the library’s proposed budget and tax rates, it was required to conduct a hearing thereon, Fisher wrote. Notice of that hearing was statutorily required.
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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