Thursday, September 13, 2012

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.


Anonymous said...

where can I find this video?

Had Enough Indy? said...

Use this link to my post on August 31.

It is the WCTY video of the last portion of the meeting where the issue of prop 15 is brought up.

Anonymous said...

Pat, you are woefully misinformed. The video does not always capture all of the activity. Proper procedure was followed. Both the acting chair and council staff are seasoned and made sure everything was done correctly.

Had Enough Indy? said...

There was no motion to amend, no second on the motion to amend, and no vote to amend. Proper procedure was not followed.

Anonymous said...

Yes, it most certainly was. Vop made the motion and Cain seconded it. Motion carried with a 5-0 vote.

Had Enough Indy? said...

There never was a motion to amend. There never was a second to the motion. There never was a vote to amend.

There were votes on moving the proposal from the table - after the amendment was read, votes on the proposal as amended.

Anyone can hear what was voted on, even if seconds get muffled.