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Justices rule that law allows town of Fishers to proceed with reorganization

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Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.

In Michael R. Kole, Joseph L. Weingarten, and Glenn J. Brown, et al. v. Scott Faultless, Daniel Henke, Eileen Pritchard, Stuart Easley, et al., No. 94S00-1112-CQ-692, Pratt asked the Supreme Court whether a political unit may reorganize into a city under Indiana Code 36-1.5, the Reorganization Act, in a manner that eliminates voting rights recognized under I.C. 36-4-5-2 and 36-4-6-3(i), including reorganization as a city with a council elected entirely at large; and a mayor appointed by that council.

On May 3, 2010, about 1,700 citizens of the town of Fishers – the plaintiffs among them – filed a petition with the Fishers town clerk seeking a referendum on whether the town should convert itself from a town into a second class city. Under the standard structure for second class cities as set out in Article 4 of Title 36 of Indiana code, citizens directly elect a city mayor for the city, plus six city council members from legislative districts and three more at large.

On May 5, 2010, two days after receiving the petition, the Fishers Town Council passed a resolution proposing a reorganization with Fall Creek Township. The resolution called for a commission to study the possibility of merging the two entities into a reorganized city. The authority for such a merger is the Government Modernization Act, a recently enacted statute that appears as Article 1.5 of Title 36. As proceedings on the town council’s proposal moved forward, the plaintiffs’ petition did not. The plaintiffs filed suit in Hamilton Superior Court on Sept. 30, 2010, seeking to compel the Fishers Town Council to schedule their petition for a referendum. They voluntarily dismissed that suit and refiled in U.S. District Court on Dec. 30, 2010.

On Dec. 20, 2010, the Fishers Town Council and the township held a public meeting during which both entities adopted the final reorganization plan. A referendum on the reorganization plan will occur in the November 2012 general election. On Feb. 21, 2011, the Town Council passed a resolution acknowledging the plaintiffs’ petition to incorporate the Town of Fishers into a second class city. The resolution further ordered a referendum on that proposal in the next general election, the same election in which residents would vote on the reorganization plan.

The Supreme Court wrote that the centerpiece of the plaintiffs’ contention is perhaps that the Town Council’s reorganization plan strips them of their chance to vote for a mayor, who is typically the executive head of a second class city.

The justices wrote that in light of the Legislature’s directives about construing the Act’s provisions, Article 1.5 does allow a municipality to reorganize into a city even though the reorganization plan provides for a city council elected at large and a city mayor appointed by the city council. If citizens approve a reorganization plan that describes the membership of new political branches and the manner in which those members will attain office, then the reorganization may proceed along those lines.

 

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  • Fishers
    Another example of politicians feeding at the public trough who don't want to give up their power. People are fighting & dying around the world to bring democracy to their countries like we supposedly have here. Not in Fishers.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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