HomeMy WebLinkAboutD-2575-21 Law Department Relationship With City CouncilPrepared by: Bryce H. Bennett, Jr., Riley Bennett Egloff LLP, 141 E. Washington Street, Indianapolis, IN 46204. Amended by:
Jon Oberlander, Carmel Assistant Corporation Counsel.
Sponsors: Councilors Finkam,
Campbell and Rider
ORDINANCE D-2575-21
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AMENDING CHAPTER 3, ARTICLE 1, SECTION 3-28 OF THE CARMEL
CITY CODE.
Synopsis:
This Ordinance modifies a provision of the Carmel City Code relating to the Department
of Law’s relationship to the City Council in order to modernize language and eliminate
any unintended limitation of the Department of Law’s statutory duties or the City Council’s
other statutory rights.
WHEREAS, Indiana Code IC § 36-4-4-4 vests sole legislative power in the
Council; and
WHEREAS, Indiana Code IC § 36-4-6-18 vests power in the Council to pass
ordinances to govern the city; and
WHEREAS, Indiana Code IC § 36-4-6-24 vests specific power in the Council to
contract with competent attorneys on terms it considers appropriate; and
WHEREAS, the Council adopted the current version of Chapter 3, Article 1,
Section 3-28 by Ordinance D-362 (March 22, 1983); and
WHEREAS, Chapter 3, Article 1, Section 3-28 requires clarification to reflect
Carmel’s change to a Second Class City since 1983 and to remove any unintended
limitations on the duties of the Carmel Department of Law or on the Council’s statutory
authority to contract with outside counsel; and
WHEREAS, the Council, as the duly elected legislative body for the City of
Carmel desires to amend the Carmel City Code; and
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section I. The foregoing Recitals are fully incorporated herein by this reference.
Section II. Chapter 3, Article 1, Section3-28 of the Carmel City Code is hereby
amended and shall read as follows:
Ordinance D-2575-21 (Version A – Finance, Utilities and Rules Committee Meeting 3/18/2021)
Page One of Three
DocuSign Envelope ID: AEEE6D74-7461-487E-A6CA-8131B6B11973
Prepared by: Bryce H. Bennett, Jr., Riley Bennett Egloff LLP, 141 E. Washington Street, Indianapolis, IN 46204. Amended by:
Jon Oberlander, Carmel Assistant Corporation Counsel.
Sponsors: Councilors Finkam,
Campbell and Rider
Ҥ 3-28 Council Attorneys
(a) Corporation Counsel, the City Attorney, or other deputy of the Department of Law
designated by Corporation Counsel, shall provide legal services to the Common
Council as follows:
(1) Provide legal assistance in preparation of resolutions, orders and ordinances that
might be requested by members of the Common Council;
(2) Prepare such resolutions, orders and ordinances at the request of members of the
Common Council;
(3) Represent the Common Council in any litigation to which the Common Council
members may be a party as a consequence of their collective or individual
official responsibilities;
(4) Provide to individual Council members legal advice on any question regarding
the official work of said Council members.
(5) Perform all other responsibilities of the Department of Law that are applicable to
its relationship with the City Council as set forth in the Indiana Code or other
applicable law.
(b) Nothing in part (a) shall be construed as limiting the Council’s authority to hire or
contract other counsel or legal research assistants, at its discretion and in accordance
with the Indiana Code. The Council may appropriate money for this purpose in
accordance with the Indiana Code, and may refer matters to outside legal counsel
whe n approved by a majority vote of the Council .”
Section III. All prior ordinances, resolutions, or parts thereof, whether codified or
not, which are inconsistent with any provision of this Ordinance are hereby displaced as of
the effective date of this Ordinance.
Section IV. If any portion of this Ordinance is for any reason declared to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance so long as enforcement of same can be given the same effect.
Section V. This Ordinance shall be in full force and effect from and after its
passage and signing by the Mayor and such publication as is required by law.
Ordinance D-2575-21 (Version A – Finance, Utilities and Rules Committee Meeting 3/18/2021)
Page Two of Three
DocuSign Envelope ID: AEEE6D74-7461-487E-A6CA-8131B6B11973
Prepared by: Bryce H. Bennett, Jr., Riley Bennett Egloff LLP, 141 E. Washington Street, Indianapolis, IN 46204. Amended by:
Jon Oberlander, Carmel Assistant Corporation Counsel.
Sponsors: Councilors Finkam,
Campbell and Rider
ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of
___________________, 20___, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Laura Campbell, President Sue Finkam, Vice-President
H. Bruce Kimball Kevin D. Rider
Anthony Green Jeff Worrell
Timothy J. Hannon Miles Nelson
Adam Aasen
ATTEST:
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ___________, 20___,
at __________ ___M.
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana this ____ day of _____________, 20___, at
__________ ___M.
James Brainard, Mayor
ATTEST:
Sue Wolfgang, Clerk
Ordinance D-2575-21 (Version A – Finance, Utilities and Rules Committee Meeting 3/18/2021)
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DocuSign Envelope ID: AEEE6D74-7461-487E-A6CA-8131B6B11973
21st 21
10:30
10:30
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21st
7April
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2121st
Not Present
April
121
April