"Ethics" Committee Meets Tonight - One Agenda Item - Disclosure of Free Tickets to Sporting Events

Two Council committees will meet tonight, both beginning at 5:30 pm.  Public Works will get the big room and the live WCTY feed.  So, we'll have to wait for tomorrow's posting online and subsequent airings to see what the "Ethics" Committee does with Prop 28, which "amends the Code concerning ethics disclosure to ensure more transparency with respect to gifts provided to Councillors and their families".

This proposal was heard by the committee on Valentine's Day and can be viewed in the WCTY archives.  Only 4 of the 6 members showed up to discuss more disclosure to the public.  This is the minimum needed for a quorum.  There was much wringing of hands and gnashing of teeth, but no vote on the proposal.  The list online shows the committee to be chaired by Councillor Robinson, with other members being Simpson, Miller, Shreve (took over for Freeman who is still listed) - the 4 present.  Missing were Brown and Cain.

Councillor Simpson ended the meeting saying to the proposal's author, Councillor Mahern, "Let's really work on this", and "Good work, Brian".  The proposal was continued to the next meeting of the committee, which was to be March 14.

The is notice of a March 14, 2013, meeting of this committee, but no minutes or WCTY video are posted.  Prop 28 was the sole item on that agenda, as well.  An email exchange with SaRita Puckett, Ethics committee secretary, clarified that there was, in fact, no meeting held that date.

This proposal is pretty darned simple - on top of existing reporting requirements for gifts, it would also require that Councillors disclose receipt of gifts from Municipal Corporations (like the CIB).  It would require that dollar amounts be estimated for the value of gifts received.  And, it would require that gifts made to Councillors' spouses and dependant children be disclosed.  Not all gifts require disclosure in the current or proposed Code on ethics - only those valued at more than $100 for one gift, or an aggregate value of more than $250 in a calendar year.  So, a cup of coffee shouldn't tip anyone's scale.

But tickets to sporting events would definitely tip the scales.

Tonight we shall see if this Council would rather be open and above board in disclosing what tickets to what sporting events they and their family are treated to, or if they'd rather keep the public in the dark and guessing.  This committee will not bring forward a proposal that would embarrass the full Council by forcing a vote to strengthen the public's right to know, when that vote would be a very public and very accountable 'no'.  We shall see if Councillor Simpson and the rest of the "Ethics" committee really want to make this proposal the best it can be - or if they want to bury it.

Council Committee Followed Improper Procedure In Pushing TIF Expansion Out the Door

Recently fellow blogger Fred McCarthy, over at Indy Tax Dollars, made a startling discovery regarding the outrageous meeting conducted by members of the Council's Metropolitan & Economic Development committee back on August 27.  McCarthy noted that the committee failed to properly vote on amending Prop 15 before voting to move it to the full Council with a 'do-pass' recommendation (see "Haste Makes Waste").

I just watched the ad hoc extension of the committee meeting and followed closely what motions were made and voted on.  (See "WCTY Archive For Metro Devel Committee" to view this section of the meeting for yourself.)

McCarthy is right.

It is surprising, given Councillor Adams lengthy tenure on the Council, that she would goof this up, but she did.

Here are the series of motions and votes.

0:26 -- Chairman Talley adjourns the meeting.

1:56 -- Councillor Osili moves to take Prop 15 off the table.  Adams seconds.  Cain 'thirds'.

Talley does not recognize Osili's motion.

4:40 -- Adams takes control of the meeting by consent.

5:00 -- Osili again moves to take Prop 15 off the table.

5:48 --  Osili reads full text of Prop 15 with amended parts.

No motion to amend is made.  No second to amend is made.

11:59 -- Councillor Robinson moves for recess.  Adams does 'not entertain at this time'.

12:30 -- Adams say incorrectly that the proposal as amended has been moved and seconded.

13:00 -- vote is taken to move Proposal 15 off the table.

Adams follows vote to take off the table with erroneous statement that the matter is "before us as amended".

19:20 -- Adams says they "need to take a vote on the amendment"

no vote is taken

20:05 -- Adams says, erroneously, that they have amended version of Prop 15 before them.

20:20 -- Adams says she will take a vote on Proposal 15 "as amended" - voice vote, not sure if Robinson in the room.

20:38 -- Councillor Adamson explains his vote, Osili thanks him for his assistance.  It should be noted that if Adamson had not remained in the meeting, and left with Talley and Robinson (who came and went during the ad hoc portion), there would not have been a quorum of the members and no doubt that the meeting could not continue.

22:50 -- Cain makes a motion to move Prop 15 as amended to the full Council with a do pass recommendation.  Cannot hear a second on the video.  Vote proceeds again with a 5-1 outcome (Osili, Adamson, Adams, Cain and Miller yes -- Robinson no).

There is never a motion to amend Prop 15.  There is never a second to amend Prop 15.  There is never a vote to amend Prop 15.

The five yes voting members of this committee clearly do not value public notification that a hot topic will be considered by the committee and therefore real opportunity for public input.  There likely will be protests of this characterization, but when push and shove came together, they acted without public input and were fine with it.

Council rules do not require public input in this type of ordinance, unfortunately.  But, Council rules do require proper motions, seconds, and votes to amend.  If the full Council is not interested in sending Prop 15 back to committee because of lack of public notification and input, then they surely must send it back due to improper Council procedure. 

Kudos to Fred McCarthy for bringing this to light.

Slush Funds Advance Out of Public View

From WCTY archives:

 



 

There were no proposals seeking to establish TIF districts on last night's Metropolitan and Economic Development committee's agenda.  This is all we have this morning.  You can clearly see and hear Chairman Steve Talley adjourn the meeting at time stamp 1:33:40.  At the end of the WCTY tape you can hear, but not see, Councillor Virginia Cain ask Republican Council Attorney Elrod for advise.  Then audio cuts out, too.

 

Early on, before this clip begins, when members of the public are addressing the committee, you can see Deron Kintner in the last row of the room.  Trust me, I've been to more budget hearings than some Councillors, but nobody comes to one if their interests aren't being entertained.  So, Deron  Kintner, Executive Director of the Bond Bank, was given a heads up that this would happen.  The public was not informed.

 

From Jon Murray, IndyStar reporter, we have the skeleton of what happened.  He reports that Democrats Mary Adams, Zach Adamson, Vop Osili and Republicans Virginia Cain and Jeff Miller all voted in favor of the proposal, evidently after amending it.  There was one lone "no" vote by Democratic Councillor Leroy Robinson. 

 

Thank you, Councillor Robinson.

 

Murray reports on the amendment:

But the ice thawed Monday after the administration reached an agreement with Democratic council members Vop Osili and Joseph Simpson. They represent districts near those proposed new development zones.

In a newly released memo outlining the agreement, Deron Kintner, Ballard’s new deputy mayor for economic development, commits to tapping $13.5 million from city economic development funds for three loan and workforce training programs.

The committee also amended the proposal to require some local hiring by contractors on new projects and to promote minority employment.
 

The proposed expansion of the downtown TIF to the west aims to capture 604 acres to support road improvements around Bush Stadium and to the east to capture 111 acres to support redevelopment of a block no more than 3 acres in size.  Now add to it more tax dollars swapped by the two district Councillors and you clearly have huge new slush funds being set up. 

There has been no disclosure of basic information justifying or answering the questions : Why this TIF?  Why this place?  Why this project?  Why this footprint?  The three submissions in response to the RFP for the Mass Ave TIF (the 111 acre expansion to the east) are held in embargo; kept out of sight of public eyes and disclosure.

The recommendations of the TIF Study Commission would have required all of this disclosure so that the public AND the Councillors had real information upon which to base a real evaluation of the proposed TIFs.  These recommendations would have protected the public.

The Ballard administration, including Ryan Vaughn and Deron Kintner, do not want any details to escape into the public and have held as much under wraps as they could.  Now we find that Councillors are deliberately helping them keep the wraps on.  This is foul.

The full Council will have an opportunity to send this back to committee where the public can take their rightful place in the discussion.  As it stands now, this action by Adams, Adamson, Osili, Cain and Miller is a travesty that screams of their real distain for proper proceedure, public process, and putting in place recommendations that will protect the public interest.  If this is an inaccurate review of their attitudes, then they have the opportunity to clarify things by walking this proposal back to committee themselves.