Riveting Reading - Advance Indiana Reports From Plowman Trial

If there is a prize for excellence in reporting on blogs, I want to nominate Gary Welsh over at Advance Indiana for his riveting reportage on the Lincoln Plowman trial.

At this point, Welsh has a report for each of the two first days.  Day 1 ("Prosecutors Say Plowman Claimed He Controlled All Zoning Boards In Marion County")   Day 2 ("Plowman Trial Evidence Shows the Sleazy Side of Indianapolis Zoning")

I highly recommend you read them in their entirety.

As everyone knows, former City-County Councillor Lincoln Plowman is on trial for accepting money in return for helping land proper zoning for a strip club.  An undercover FBI agent was posing as the guy who wanted to open up the club.

The case is opening up a view from the inside of the Boards of Zoning Appeals and the Metropolitan Development Commission that I have never seen in the 15 or more years I have worked for my neighborhood group in zoning and variance matters.  It is the seedy side long suspected, though.

Plowman instructs the FBI agent on what is called 'board shopping'.  Variance petitions are assigned randomly to one of the three Boards of Zoning Appeals - specifically to derail board shopping.  But, you never know why a transfer to another Board is really being requested.  Here's this part of Welsh's report [note that references to "Cam" are to Cameron Clarke, who used to be a local zoning attorney, and who was recommended to the FBI agent by Plowman as a good choice for hire in the strip club matter]:

The agent worries that he's going to be spending a lot of money and wants some assurance the zoning matter will be taken care of. "Well, all the Zoning Boards are changing at the first of the year," Plowman said. "But you're going to know somebody?", the agent asked. "Oh yeah," Plowman reassured him. Plowman then said he would focus on just one of the three zoning boards and will "make sure that Cam gets it on that Board." Here's how Plowman explained it would work:

You know, for example, if--uh, there's three zoning boards. Say our friends are on board two--and, and , and your case gets assigned to board one, we need to clue Cam--now, first of all, even though we may have friends on board, zone board two, doesn't mean it'll be a sure thing. But, better. So, if he gets assigned to board one, he'll just say, you, I'm unable to make that day on board one, is there, can we go to board two?

Plowman explains to him that there are five members who sit on each board and three votes will be needed for a favorable zoning decision. "If I've got a couple of my buddies up there, or even if I don't, you know, a month, or a month or two before the--we know we're going to--you know, we'll know, there's going to be a timeline," Plowman explained. "So, a month or two before we go, I'll take one, I'll take them out to dinner, one at a time." The agent wonders if a dinner is going to do the trick. Plowman says it will help to have people testify in favor of the zoning request as well. The agent asks if Plowman's friend Jason Gaines will be able to help out. Plowman explained that Jason, who was sitting on the MDC, would likely be leaving the board at the end of the year because of how much time it consumed, even though "he likes the limelight" of serving on the MDC. The MDC would only hear the case if a re-zoning was required as opposed to a variance, in which case one of the zoning boards would hear the case Plowman explained.

Public trust is a fragile thing.  Public trust in zoning and variance matters is going to take a hit with the revelations coming out of the Plowman trial.

Some Information Comes Out About Plowman Affair

The Indianapolis Star reporter, John Touhy, has an article in today's paper about some of the events that led to Lincoln Plowman's retirement from IMPD and resignation from the City-County Council.

[edited on 3-21-10 to redact much of the IndyStar article and to add my own summary of it -- as I learned at the Journalism Boot Camp put on by the Indiana Coalition for Open Government yesterday !]

Touhy's spoke with three different sources who all confirmed a similar story. Quickly, Touhy reports that Plowman was approached by a person he trusted, a former informant, who said there was a Chicago developer who wanted to locate a restaurant/strip club in downtown Indy. He asked if Plowman would look into whether a certain site would allow a strip club. Plowman did not know that the supposed Chicago developer was, in fact, an FBI agent.

Plowman agreed to help and asked his friend, Brad Klopfenstien, to look into what was required for zoning. Klopfenstein is a high profile Libertarian and was then sitting on one of the Boards of Zoning Appeals, which deals with requests for variances. After learning what the zoning requirements were and after meeting with the FBI agent, Plowman also enlisted, through Klopfenstein, the assistance of an unnamed real estate agent, who located 50 sites that met the zoning criteria.

At this point I'll just quote Tuohy's article:

In December, sources say, Plowman met the FBI agent, still posing as the developer, for the last time, in a room at the Conrad Hotel Downtown. The FBI agent asked Plowman to do more research. But sources say Plowman said he would need a consulting fee for what he had done and any further help.

The FBI agent then gave Plowman an envelope with $5,000, sources say, and the agent went into the bathroom. Two other agents came through the front door, sources say, and told Plowman he had been caught.

I must still be missing something. Nothing recited in Touhy's article rises to the level of a crime, it seems to me. Checking out the zoning requirements for a specific use? Legal. Researching 50 potential locations for a specific use? Legal. Seeking compensation "for what he had done and any further help"? If as described, legal.

If Plowman had approached a member of the Metropolitan Development Commission or Board of Zoning Appeals about a pending petition - that would have been illegal. If Plowman asked for money to use his influence as a City-County Councillor to rig the outcome of a zoning or variance hearing - that would have been illegal. If he asked for a campaign contribution in return for his help - that would have been illegal.

Is it illegal for a Councillor to accept an envelope containing $5000 in cash in a downtown hotel room? No. Stupid? Yes.

Questions do still arise. Why did Plowman go through so much trouble for an out of town developer? Was the $5000 for something different than described by the reporter? Why were the officials in IMPD and Public Safety about to fire Plowman when he retired? What did the FBI tell Plowman he had been caught doing, exactly?

Plowman hasn't been charged with any crime as of yet. If he had been fired from IMPD, he would have no income. By retiring he has something. His political career is toast, so I can see why he resigned his Council office. Strip club developer? Being on film accepting an envelope fat with cash ? Priceless.

But, if events unfolded exactly and completely as Touhy lays out, I fail to see that Lincoln Plowman did anything illegal. If there are other shoes waiting to drop, then those will have to be evaluated when they finally drop.

Councillor Mansfield Files Ethic Complaint Against Councillor Plowman

Councillor Angela Mansfield has filed an ethics complaint that asks Councillor Lincoln Plowman to disclose the reasons revolving around his investigation, or take a leave of absence until the issues are resolved.

Here is how WTHR is reporting Mansfield's complaint:

A ethics complaint has been filed against City-County Council member Lincoln Plowman.

The complaint, filed by councilor Angela Mansfield, is seeking the same thing many people have been asking for weeks. What is the nature of the investigation and does it involve any of his dealings as a police officer, or his duties on the City-County Council.

Eyewitness News sources have indicated that Plowman is resigning his seat on the council and position with IMPD on Monday. Because of the investigation, IMPD put Plowman on paid administrative leave on February 3.

Many on the council are concerned that any future involvement in council matters by Plowman could cause legal issues down the road.

"I asked, 'Can Lincoln disclose what it is?' It is not a situation like a grand jury, where the is confidentiality and they said, 'Absolutely, if he chooses to disclose, he can'," Mansfield said. "The other thing I think is interesting is, it was explained to me that the agency that is doing the investigation will neither confirm or deny that there is an investigation, which led me to believe it is not an internal investigation."

The complaint is asking Plowman to either disclose the nature and circumstances of the investigation, or take a leave of absence until the investigation is complete.

I think Councillor Mansfield has struck the right note here - finding a compromise position between Councillor Plowman's rights to due process and the rights of the community to have confidence in the actions of the Council.

Confusion Reigns in Plowman Affair

Confusion is the only word that can describe the state of affairs with Councillor Lincoln Plowman. Today's Indianapolis Star article by Francesca Jarosz "Plowman to leave IMPD, reports say", says Plowman will retire from his IMPD post, but leaves things up in the air as to his Council seat.

Jarosz reports in part:

A city-county councilman and assistant police commander who has been under investigation for more than a month is expected to retire from the department Monday.

But it remained unclear Friday whether Lincoln Plowman's anticipated departure would shed light on the investigation. Details of the inquiry have been kept sealed since he was placed on administrative leave from the Indianapolis Metropolitan Police Department on Feb. 3.

Also uncertain is whether Plowman, a Republican who represents the city's Southeastside, will remain in his council seat. Some council members say his departure from the department would bring them closer to asking for his resignation.

Meanwhile the new blog 'Indy's Political Stock Exchange' provides a link to a WTHR report that says Plowman will resign both his IMPD and Council positions.

WTHR, in part, reports the following:

Sources tell Eyewitness News that City-County Council member Lincoln Plowman plans to resign from his job on the council as well as his position with the Indianapolis Metropolitan Police force.

Plowman has been under investigation over the past several weeks but even he says he does not know what the investigation is concerning.

The 21-year police veteran works as a major for Metro Police. He is currently on paid administrative leave during the unspecified investigation. The 30-day paid leave ended on Friday.

Jarosz further reports in her Star article, that :

Plowman's decision comes as public safety leaders prepare to make a ruling on his future with IMPD. His 30 days of paid administrative leave ended Friday, leaving public safety officials with a choice: reinstate Plowman to the department or suspend him without pay.

The latter decision would have started Plowman's termination from IMPD. The Indianapolis Star's sources, who spoke on the condition of anonymity, say Plowman chose to retire in anticipation of strong action from the department.

Plowman, who has served on the Police and Sheriff's departments for 21 years, did not respond to e-mails Friday, and his cell phone number was disconnected.

Frank Straub, the city's public safety director, confirmed that he planned to meet with Plowman and his attorneys Monday to discuss Plowman's status with IMPD, but he would not elaborate.

Looks like Monday will be a pivotal day for Lincoln Plowman. I firmly believe that those under investigation are not necessarily guilty of anything. And, I firmly believe that those who get a lawyer are not necessarily guilty of anything. The right of presumed innocent until proven guilty must extend to all of us, including police officers, Councillors, and average citizens alike. But, at some point, the public's right to know needs to be activated because Lincoln Plowman is both a police officer and a City-County Councillor and the public deserves to know if his service on either of those fronts is in question.

Councillor Plowman Involved in Police Probe

Vic Ryckaert of the Indianapolis Star is reporting that Councillor Lincoln Plowman, who represents Franklin Township area on the City-County Council, has turned in his badge, gun, and car while he is being investigated.

Here is the latest from the IndyStar.com website:

Council member Plowman under investigation
An Indianapolis police commander who also serves on the City-County Council was placed on administrative leave while he is under an internal investigation, city leaders confirmed Wednesday.

Lincoln Plowman, an Indianapolis Metropolitan Police Department major and a Republican member of the council, turned in his gun, badge and car, said Public Safety Director Frank Straub.

Straub would not say what Plowman is being investigated for.

Efforts to reach Plowman were unsuccessful. His attorney, James Voyles, declined comment.

Plowman commands IMPD's support service branch, which oversees reserve officers. He was with the Marion County Sheriff's Department before the merger of the police and sheriff's departments in 2007.

Plowman was elected to the City-County Council in 2003. He represents the 25th District, which takes in Franklin Township.

Plowman became the council majority leader in 2007; he held that post until this year.

Gary Welsh is posting this on his Advance Indiana blog:

Exclusive: Another City-County Councilor Under Investigation
A well-placed source tells me FBI agents showed up at IMPD today to question City-County Councilor Lincoln Plowman, a high-ranking officer in the department. I'm told Plowman quickly lawyered up. Chief Michael Spears ordered Plowman suspended according to my source. He was forced to turn over his badge and gun and received a police escort home. Mayor Greg Ballard had originally promoted Plowman to head up IMPD's Investigations division. Plowman was quietly removed from that position without explanation a short time later. Plowman holds the rank of Major in the administration division. I'll update you as I learn more on this developing story.
UPDATE: FOX 59 News' Russ McQuaid just confirmed from an IMPD spokesperson that Plowman has been placed on administration leave because of an FBI investigation. He says the FBI would neither confirm nor deny an ongoing investigation of Plowman.

I'mmmm Baaaacccckkkk !!!!!

Hope the holiday season has been good to you and your family. My hiatus was much longer than I anticipated - but fun and refreshing.

I do have a couple of comments on items that caught my attention in the paper and elsewhere this past month. No links to IndyStar will be possible, as those articles are now in the archives.

First and foremost, I sit in admiration of Paul Ogden and his efforts to see that folks accused of a crime are treated properly in our jails and also the latest lawsuit he filed to challenge the traffic court's practice of threatening higher traffic ticket penalties if you want your case heard by the judge. Both of Paul's efforts have seen others, Democratic Party blog "Indianapolis Times" and the Indianapolis Star's editorial board, respectively, try to diminish him with snipes. Their pettiness has only diminished themselves, in my eyes.

The traffic court judge is acting like a Boss Hog - and he needs to either clean up his act or be gone. Traffic fines are already too high - approximating a week's worth of groceries. For the judge to threaten to up the already too high fine just because an American wants his or her due process is an abuse of his authority. I'm not a lawyer, and I hope the judge's actions are not in accordance with legal tenets. But, I am a citizen and when anyone diminishes the rights of others, they diminish my rights as well. Good luck Paul Ogden !!! Keep fighting the good fight.

Prop 418 went down along party lines in committee. 418 was the Council Resolution asking the State Legislature to give Indianapolis-Marion County City-County Council the authority to review abatement decisions. Ours is the only County in Indiana where that authority does not reside with the Council. Mayor Ballard must have been throwing his weight around behind closed doors again. The Republican Councillors abandoned any commitment they have to being actual members of the Council and voted against strengthening the Council's position. Even Councillor Plowman - who championed the issue at the Legislature just last year - and Councillor Smith - who co-sponsored the Council Resolution - voted against the Proposal. Its a shame. I hope it is brought up again and again until the authority to review is granted our Council. Councillor Brian Mahern has shown himself to be an outstanding Councillor this year. We are all better off because he at least tried to make a real difference on the Council. My hat is off to him.

A huge victory was won, at least temporarily, by Charlie Goodman and Jerry Baker and others at the Indiana Tree Alliance. The Indiana Utility Regulatory Commission has set aside a key operational rule regarding the authority IPL has to trim trees on private property. The final decision on the permanence of this rule awaits a final decision on IPL's tree trimming practices, due sometime in late spring, if I understand the timing correctly. Goodman and Baker are hoping that the State Legislature takes up the issue and returns property rights to property owners this session. For more information about the issues, to find out how you can help, and to get the Alliance's newsletter, visit their new website : www.indianatreealliance.com

Mayor Ballard's new Chief of Staff, Chris Cotterill, continues to impress me. After the new head of the Animal Care and Control Board pulled another Boss Hog move, barring Channel 16 from covering his Board meetings, Cotterill stated on behalf of the Mayor, that he'd bring a video camera to the meetings himself, if that is what it took to re-open them to the viewing public. I don't know who the new AC&C Board Chairman is, but his appointment should be reviewed. How out of touch can you be? To pull the Channel 16 access when AC&C has seen one upheaval after another? That agency needs to prove itself and the more citizens who can see for themselves, the better. Cotterill is making the 25th floor a much more interesting place.

And bringing things closer to up to date - let me just say that the Colts organization should refund the ticket price to everyone who paid their hard earned money for a seat to yesterday's game - with the exception of season ticket holders. Those tickets are not cheap and those folks deserved a real attempt to win. They got bupkiss.

Hope your family is healthy and close as we finish up the holiday season. 2010 is just around the corner now. Wow ! 2010 ! Just think, ten years ago we were worried about the end of civilization as we know it because computers only had two digits to denote the year ! Now we have YouTube and Twitter !!!! And I-phones !!!! Wow ! What an incredible time to be alive !