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HomeMy WebLinkAboutD-1556-02 DOL Litigation ReportSPONSOR(S): Councilor Koven ORDINANCE NO. D-1556-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADOPTING AND ADDING CHAPTER 2, ARTICLE I, DIVISION II, SECTION 2-9.3 TO THE CARMEL CITY CODE WHEREAS, pursuant to Indiana Code Section 36-4-9-12, Camel City Attorney, Douglas C. Haney, as head of the City's Department of Law, is authorized and required to manage the legal affairs of the City; and WHEREAS, such legal affairs often have a fiscal impact on the City; and WHEREAS, The Common Council believes that it can better represent the interests of the City's taxpayers if it is periodically informed of the existence and status of ongoing litigation that may have a fiscal impact on the City; and WHEREAS, although not required by Indiana Code 36-4-9-12 to report to the Common Council on such matters, Carmel City Attorney Douglas C. Haney has indicated his willingness to provide a semi-annual litigation report to the Common Council. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Cannel, Indiana, based on such consent and for the reasons set forth above, that: Section 1. Chapter 2, Article I, Division II, Section 2-9.3, of the Carmel City Code, be and the same is hereby adopted and added to the Carreel City Code and shall read as follows: "Sec. 2-9.3. Semi-Annual Litigation Report To Common Council. "The Carmel City Attorney shall provide a written litigation report to the Common Council on a semi-annual basis, which report shall constitute privileged attorney work- product and a confidential attorney-client communication that is not a public record subject to disclosure under Indiana Code 5-14-3 or otherwise." Section 2. The foregoing Recitals are fully incorporated herein by this reference. Section 3. All City ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. Section 4. Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they can, without the invalid provision, be given the effect intended by the Common Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. Page One of Two Pages Prepared by Douglas C. Haney, Carrnel City Attorney SPONSOR(S): Councilor Koven Section 5. This Ordinance shall become effective upon proper passage, signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this'~hday of ~/~ ~&_'r(, ~ ~ ,2002, by a vote of .I/ ayes and C nays. ~ ~, A COMM?N COUNCIL FOR THE CITY OF CARM;?,.. IANA ~ . Wilson, President ~ven Diaha L. cord;ay, 2~easurer Presented by e to th Mayor of the City of Carrnel, Indi a, at ,~-~ ,o'clock Di~a L. Cordray, I~C, Clerk-T~ J~s Brainard, Mayor - asurer Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney