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Home My WebLink AboutD-2605-21 Establishes a Procedure for Removing a Council Member SPONSOR(s): Councillors Finkam and Campbell This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 29, 2021 at 9:57 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. ORDINANCE NO. D-2605-21 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING SECTION 3-48 TO CHAPTER 3, ARTICLE 1, DIVISION II OF THE CARMEL CITY CODE. Synopsis: Establishes a procedure for removing a Common Council member pursuant to Indiana Code §36-4-6-6. WHEREAS, Indiana Code § 36-4-6-6 allows the Common Council (“Council”) to expel any member for violation of an official duty or declare the seat of any member vacant if they are unable to perform the duties of their office; WHEREAS, I.C. 36-4-6-6 further provides that removal requires a two-thirds (2/3) majority vote by the Council to expel or remove a member; WHEREAS, the Council may adopt its own rules to govern removal procedures under I.C. 36-4- 6-6; and WHEREAS, it is in the best interest of the citizens of the City of Carmel to adopt procedures for removing or expelling Council members who have violated an official duty or cannot fulfil the duties of their office. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. That Chapter 3, Article 1, Division II Section 3-48 is hereby added to the Carmel City Code and shall read as follows: “Sect. 3-48. Removal of Common Council Member (a) The Common Council shall have the power to expel any of its members for violation of an official duty or declare the seat of any member vacant if the member is unable to perform the duties of the member's office. (b) The Council shall in such cases first, by resolution, direct the Corporation Counsel to draw up a bill of impeachment setting forth the nature of the charges and the facts supporting them. (c) The bill of impeachment shall be filed with the Clerk and delivered to the member in writing. Ordinance D-2605-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page One of Three Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 SPONSOR(s): Councillors Finkam and Campbell This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 29, 2021 at 9:57 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. (d) The member shall have fifteen (15) days to respond in writing to the bill of impeachment. The member shall submit their written response to the Clerk, who shall then distribute the written response to the full Council. (e) Fifteen (15) days after the bill of impeachment is filed with the Clerk, the President of the Council shall call a special Council meeting, which is to take place not more than twenty (20) days later. The only matter on the agenda shall be to conduct a hearing to receive evidence for and against removal. The Council may meet in executive session to receive information regarding removal if permitted by Indiana Code § 5-14-1.5-6.1, as it may be amended from time to time. (f) At the conclusion of the hearing, the Council shall deliberate and vote on the issue of removal at a public meeting. A two-thirds (2/3) majority vote of the elected members shall be necessary to remove a member. Section 3. All prior 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, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, 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 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor. Ordinance D-2605-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page Two of Three Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 SPONSOR(s): Councillors Finkam and Campbell This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 29, 2021 at 9:57 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Sue Finkam, President Kevin D. Rider, Vice-President ___________________________________ ____________________________________ Laura Campbell H. Bruce Kimball ___________________________________ ____________________________________ Jeff Worrell Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2605-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page Three of Three Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 December P P 8th 4:30December 8th 5:30 Not Present 8 December 0 6th