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HomeMy WebLinkAboutCCM-11-06-00City of Carmel CARMEL CITY COUNCIL MEETING AGENDA MONDAY, NOVEMBER 6, 2000 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. October 16, 2000 - Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS · Payroll · General Claims · Retirement 9. COMMITTEE REPORTS a. Administration Committee b. Annexation and Land Use Committee c. Economic Development Committee d. Finance Committee e. Parks & Recreation Committee f. Public Safety Committee g. Rules Committee h. Utilities and Transportation Committee 10. OLD BUSINESS a. Second Readinl~ of Ordinance No. D-1486~00; An Ordinance Amending Chapter 8, Article 3, Section 8-17 of the Cannel City Code (School Zone Speed Limit); Sponsor: Councilor Battreall and Council President Rundle b. Second Readin~ of Ordinance No. D-1490-00; An Ordinance Amending Chapter 2, Article 3, Division II, Section 2-47 of the Carmel City Code (Family Medical Leave Act); Sponsor: Councilor Battreall ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 Second Readin~ of Ordinance No. D-1491-00; An Ordinance Amending Chapter 2, Article 3, Division II, Section 2-81 of the Carmel City Code (Salary Ordinance); Sponsor: Councilor Battreall Second Readin~ of Ordinance No. D-1493-00; An Ordinance Providing for an Additional Appropriation of the Funds from the General Fund Operating Balance; Sponsor Councilor Wilson Second Readin~ of Ordinance No. Z-351; An Ordinance to Amend the Carrnel/Clay Zoning Ordinance Concerning the Filing Fees to be Collected by the Department of Community Services; Sponsor: Councilor Battreall Second Readin~ of Ordinance No. Z-352; An Ordinance to Amend the Carmel Clay Zoning Ordinance by Creating a New Zoning District to be Known as the OM (Old Meridian) District; Sponsor: Councilor Kirby Second Reading of Ordinance No. Z-353; An Ordinance Establishing the Old Meridian District (OM) Under the Carmel/Clay Zoning Ordinance, No. Z-289; Sponsor: Councilor Kirby Second Readinl~ or Ordinance No. Z-354; An Ordinance Amending the Zoning Ordinance No. Z-289, As Amended, of the City of Carmel and Clay Township, Hamilton County, Indiana (Ace Hardware); Sponsor: Councilor Snyder Fourth Readin~ of Ordinance No. D-1478-00; An Ordinance Amending Chapter 2, Article 5, Section 2-131 of the Carmel City Code (Purchasing Agencies and Purchasing Agents); Sponsor: Councilors Koven and Kirby 11. PUBLIC HEARING a. First Readinl~ of Ordinance No. D-1484-00; An Ordinance Fixing Salaries of Elected Officials of the City of Carmel, Indiana for the Year 2001; Sponsor: Councilor Rundle *published in the Daily Ledger September 20. 2000 b. First Readin~ of Ordinance No. C-205; An Ordinance of the Common Council of the City of Cannel, Indiana, Annexing Certain Territory to the City of Cannel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part ofthe City of Carmel(I-465); Sponsor: Councilor Snyder *published in the Daily Ledger August 18, 2000 12. NEW BUSINESS a. Introduction of Ordinance No. C-206; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Cannel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel; Sponsor: Councilors Carlet and Battreall b. Introduction of Ordinance No. C-207; An Ordinance of the Common Council of the City of Cannel, Indiana, Annexing Certain Territory Contiguous to the City of Carmel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel; Sponsor: Councilors Carlet and Battreall First Readin~ of Ordinance No. D-1492-00; An Ordinance Establishing a Fixed Asset Capitalization Policy and Adding Chapter 2, Article 5, Section 2-132 to the Cannel City Code; Sponsor: Councilor Wilson First Readinl! of Ordinance No. D-1494-00~ An Ordinance of the Common Council of the City of Caramel, Indiana Providing for an Additional Appropriation of the Funds from the General Fund Operating Balance (Carmel Police Department); Sponsor: Councilor Kirby First Readinl~ of Ordinance No. D-1495-00~ An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances of the City of Cannel, Indiana; Sponsor: Luci Snyder First Readinl~ of Ordinance No. A-86; An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Camel Water Utility (Water Utility Budget); Sponsor: Councilor Wilson First Readint of Ordinance No. S-67; An Ordinance Budgeting Expenditures for the Operating and Depreciation Funds for the Sewer Utility (Sewer Utility Budget); Sponsor: Councilor Wilson Resolution No. CC-11-06-00-01; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the City's Annexation Policy; Sponsor: Councilors Carlet and Battreall Resolution No. CC-11-06-00-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the City's Annexation Policy; Sponsor: Councilors Snyder and Wilson 13, OTHER BUSINESS 14. 15. 16. ANNOUNCEMENTS EXECUTION OF DOCUMENTS ADJOURNMENT CARMEL CITY COUNCIL MEETING MINUTES MONDAY, NOVEMBER 6, 2000 - 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council Members Keyin Kirby, John Koven, Bob Battreall, Norm Rundle, Luci Snyder, Ron Carter and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Cartie Groce were also in attendance. Mayor James Brainard called the meeting to order at 7:00 p.m. Councilor Wayne Wilson pronounced the Invocation. Mayor James Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Mayor Brainard presented the Range Line Pioneer Award to James Keckley, President of the Farmers Market. Mayor Brainard turned the meeting over to Council President Norm Rundle. APPROVAL OF MINUTES: Councilor Kirby moved to approve the Minutes of the October 16, 2000 Regular Meeting. Councilor Snyder seconded. The Minutes were approved 6-0. Councilor Battreall abstained as he was absent at such meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: James Kecklev of 10626 Lakeview Drive presented a report for the Farmers Market. Barbara Richards of 934 Shea, on behalf of the League of Women Voters of Hamilton County, welcomed the community to attend their next meeting concerning 'A Study on Land Use', which will be held Saturday, November 11, 2000. Lartw Barnett of 3565 West 116th Street, spoke in opposition to the annexation of Clay West. The following persons spoke in favor of the annexation of Clay West: Bruce Braden of 915 Oswego Road; Chris Jaeger of 9831 Brandon Court, on behalf of Deerfield Neighborhood Association; Mark Ratterman of 11257 St. Andrews Lane, on behalf of Clay West Information Council; Joseph Grayson of 10752 Independence Way, on behalf Weston Place Homeowners Association; Paul McLear of 11369 Royal Place, on behalf of Huntington Chase Homeowners Association; Rick Sharp of 1481 Stormy Ridge Court, on behalf of Springmill Crossing Homeowners Association; Brian Shapiro of 4610 Woodhaven; Alexa Albrecht of 1604 Old Mill Circle; on behalf of Springmill Ponds Subdivision; Mark May of 10381 Spring Highland Drive, on behalf of Reserve I at Springmill Road; Greg Zubek of 1481 Gwynmere Run, on behalfofClaridge Farm; and Sharon Clark of 11932 Pebblebrook. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor John Koven expressed his personal opinion in the form of a written statement, attached hereto as Exhibit "A", concerning a letter(s) to the editor written by City Attorney, Douglas C. Haney. Councilor Wayne Wilson also expressed his personal opinion concerning the issue of the letter(s) to the editor written by City Attorney, Douglas C. Haney. Mayor Brainard asked for public comment on behalf of a letter received fi'om Corey Graybum regarding the State of Indiana Study of Keystone Upgrade (Environmental Assessment). Council President Norm Rundle requested to Councilor Kevin Kirby that the Utilities and Transportation Committee review the Study of Keystone Upgrade (Environmental Assessment) for consideration. Councilor Snyder spoke regarding the Study of Keystone Upgrade (Environmental Assessment) and its importance to the community. CLAIMS: Councilor Snyder moved to approve Claims in the amounts of $230,049.87 and $888,539.09. Councilor Wilson seconded. The claims were approved 7-0. COMMITTEE REPORTS: Councilor Koven stated that the Administration Committee has not met. A special meeting of the Committee will be scheduled in order to review the matters at hand. Councilor Snyder reported that the Annexation and Land Use Committee met on October 25, 2000 at which time they discussed the Ace Hardware fezone. The Committee did not vote in favor of the fezone with a vote of 1-2, Councilor Kirby voting in favor of and Councilors Snyder and Carter against. The Committee also continued discussions on the general Annexation Policy for which a final draft was prepared. Upon review, the Committee voted in favor of the final draft by a vote of 3-0. The next meeting of the Annexation and Land Use Committee will be November 9, 2000, at 7:00 p.m. Councilor Wilson stated that the Economic Development Committee has not met since the last meeting of Council. The next meeting of the Committee is scheduled for November 20, 2000, at 6:00 p.m. Council President Rundle reported that the Finance Committee met on November 3, 2000, at which time they approved a $1,000 donation to the Cannel Arts Council as well as a $1,000 donation to the IACT Foundation for Youth Development. The Committee also provided a favorable recommendation of Ordinance No. D-1491-00 to the Council. There was discussion concerning the Humane Society contract as well as the Barrett Law Bond and TIF. Further discussion will continue in future meetings regarding those issues. The next meeting of the Finance Committee is scheduled for December 1, 2000 at 9:30 a.m. Councilor Carter reported that the Parks and Recreation Committee met on November 6, 2000. There was discussion concerning the Parks Rules and the Parks Master Plan as well as an update regarding progress of the Monon Trail. The next meeting of the Parks and Recreation Committee is scheduled for December 4, 2000 at 6:00 p.m. Councilor Battreall reported that the Public Safety Committee also met on November 6, 2000. Discussion concerning the School Zone Speed Limit Ordinance No. D-1486-00 resulted in a proposed amendment to the hours imposed in the Ordinance. The amendment to the Ordinance will be called for later in the Council meeting. The Committee also continued discussions regarding the county-wide 911 system. Finally, an update on the construction of the new fire stations was provided to the Committee. The next meeting of the Public Safety Committee is scheduled to meet on December 18, 2000 at 10:00 Council President Rundle reported that the Rules Committee met on November 3, 2000, at which time they discussed Ordinance No. D-1478-00 concerning the purchasing agencies and purchasing agents. The Committee provided a unanimous, favorable recommendation to Council for approval of this Ordinance as it appears on tonight's agenda. There was also discussion of the proposed 2001 Council meeting dates as well as agenda deadlines for Council meetings. The Committee will continue discussions concerning those matters as well as that of the legal question regarding whether to bring something to the agenda in the form of a Resolution versus an Ordinance. The next meeting of the Rules Committee will be December 1, 2000, at 8:00 a.m. Councilor Kirby stated that the Utilities and Transportation Committee had not met. The next meeting is presently scheduled for December 8, 2000. Council President Rundie called for a recess at 8:32p. m. The Council will reconvene at 8:37p. m. OLD BUSINESS Council President Rundie announced the Second Readin~ of Ordinance No. D-1486-00; An Ordinance Amending Chapter 8, Article 3, Section 8-17 of the Carreel City Code (School Zone Speed Limit). Councilor Battreall presented the Ordinance to Council and proposed to amend the Ordinance to read from "7:00 a.m. to 7:00p. m.", instead of "7:00 a.m. to 4:30 p.m." Councilor Battreall moved to amend as such. Councilor Snyder seconded. The proposed amendment to Ordinance No. D-1486-00 was approved 7-0. There was Council discussion. Ordinance No. D-1477-00 was approved, as amended, 7- 0. Council President Rundle announced the Second Readin~ of Ordinance No. D-1490-00; An Ordinance Amending Chapter 2, Article 3, Division II, Section 2-47 of the Carreel City Code (Family Medical Leave Act). Councilor Koven requested that this item be withdrawn from the Agenda as it has not yet been reviewed by Committee for a recommendation. Ordinance No. D-1490-00 will return to the agenda on November 20, 2000. Council President Rundle announced the Second Readin~ of Ordinance No. D-1491-00; An Ordinance Amending Chapter 2, Article 3, Division II, Section 2-81 of the Carmel City Code (Salary Ordinance). There was no Council discussion. Ordinance No. D-1491-00 was approved 7-0. Council President Rtmdle annotmced the Second Readin~ of Ordinance No. D-1493-00; An Ordinance Providing for an Additional Appropriation of the Funds from the General Fund Operating Balance. Cotmcilor Wilson explained the Ordinance to Council. Them was no Council discussion. Ordinance No. D-1493-00 was approved 7-0. Council President Rundle announced the Second Reading of Ordinance No. Z-351; An Ordinance to Amend the Cannel/Clay Zoning Ordinance Concerning the Filing Fees to be Collected by the Department of Community Services. Councilor Battreall presented this matter to Council. There was Council discussion. Councilor Battmall moved to approve amendments made to the Ordinance. Councilor Snyder seconded. The amendments to Ordinance No. Z-351 were approved 7-0. Ordinance No. Z-351 was approved, with amendments, 7-0. Council President Rundle announced the Second Reading of Ordinance No. Z-352; An Ordinance to Amend the Cannel Clay Zoning Ordinance by Creating a New Zoning District to be Known as the OM (Old Meridian) District and Ordinance No. Z-353; An Ordinance Establishing the Old Meridian District (OM) Under the Carmet/Clay Zoning Ordinance, No. Z-289; together, as they are related Ordinances. Councilor Kirby provided an explanation of each to Council. There was no Council discussion. Ordinance No. Z-352 was approved 7-0. Council President Rundle announced the Second Reading of Ordinance No. Z-353; An Ordinance Establishing the Old Meridian District (OM) Under the Carreel/Clay Zoning Ordinance, No. Z-289, together with the above Ordinance. Upon Cotmcilor Kirby's explanation, Council President Rundle moved for approval of each Ordinance separately. Ordinance No. Z-353 was approved 7-0. Council President Rundle announced the Second Readin~ or Ordinance No. Z-354; An Ordinance Amending the Zoning Ordinance No. Z-289, As Amended, of the City of Carmel and Clay Township, Hamilton County, Indiana (Ace Hardware). Councilor Snyder presented this Ordinance to Council and, once again, provided an explanation. There was extensive discussion by Council. Ordinance No. Z-354 was approved 4-3. Councilors Battreall, Rundle and Carter voted in opposition of the Ordinance. Council President Rundle announced the Fourth Readin~ of Ordinance No. D-1478-00; An Ordinance Amending Chapter 2, Article 5, Section 2-131 of the Carmel City Code (Purchasing Agencies and Purchasing Agents). Councilor Koven explained this matter once again to Council, adding that the Committee approved this Ordinance unanimously. Councilor Koven moved to amend the last paragraphs (g) and (h) of the Ordinance and to reflect an effective date of January 1, 2001. Councilor Kirby seconded. The amendment was approved 7-0. There was Council discussion. Ordinance No. D- 1478-00 was approved, as amended, 7-0. PUBLIC HEARING: Council President Rundie announced the First Readin~ of Ordinance No. D-1484-00; An Ordinance Fixing Salaries of Elected Officials of the City of Carmel, Indiana for the Year 2001. Councilor Kirby moved to introduce this item into business. Councilor Snyder seconded. Council President Rundle opened the matter for Public Heating at 9:50 p.m. Seeing no one who wished to speak, Council President Rundle closed the Public Hearing at 9:51 p.m. Councilor Kirby moved to suspend the roles to send this matter to a Committee. Councilor Wilson seconded. The motion to suspend the rules was approved 7-0. There was no Council Discussion. Ordinance No. D-1484-00 will return to the next meeting of Council on November 20, 2000. 4 Council President Rundle announced the First Readin~ of Ordinance No. C-205; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Cannel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel (I-465). Councilor Kirby explained that an Introduction of this Ordinance has previously been done; therefore, a formal introduction of such is necessary. Councilor Snyder presented this matter to Council. Council President Rundle opened the Public Heating 9:55 p.m. Seeing no one who wished to speak, Council President Rundie closed the Public Heating at 9:55 p.m. Per the request of the legal representative for this Ordinance, Ordinance No. C-205 will return to the Agenda for the Council Meeting scheduled for December 18, 2000. NEW BUSINESS: Council President Rundle armounced the First Reading of Ordinance No. C-206; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel. Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel; (Village of West Clay). Councilor Kirby moved to introduce the Ordinance into business. Councilor Wilson seconded. Councilor Carter presented this matter to Council. There was no Council discussion. Council President Rundle referred Ordinance No. C-206 to the Annexation and Land Use Committee. Council President Rundle announced the Introduction of Ordinance No. C-207; An Ordinance of the Common Council of the City of Cannel, Indiana, Annexing Certain Territory Contiguous to the City of Carmel, Indiana, Placing the Same Within the Corporate Boundaries Thereof and Making the Same a Part of the City of Carmel; (Clay Township Inclusive). Councilor Carter moved this item into business. Councilor Kirby seconded. Councilor Carter presented this matter to Council. There was Council discussion. Council President Rundie referred Ordinance No. C-207 to the Annexation and Land Use Committee. Council President Rundie announced the First Readin~ of Ordinance No. D-1492-00; An Ordinance Establishing a Fixed Asset Capitalization Policy and Adding Chapter 2, Article 5, Section 2-132 to the Carmel City Code. Councilor Carter moved to introduce the Ordinance into business. Councilor Kirby seconded. Councilor Carter presented this matter to Council. There was Council discussion. Council President Rundle referred Ordinance No. D-1492-00 to the Finance Committee. Council President Rundle announced the First Readin~ of Ordinance No. D-1494~00; An Ordinance of the Common Council of the City of Cannel, Indiana Providing for an Additional Appropriation of the Funds from the General Fund Operating Balance (Carmel Police Department). Councilor Kirby moved this item into business. Councilor Carter seconded. Councilor Kirby presented this matter to Council and moved to suspend the rules to send this Ordinance to Committee. Councilor Koven seconded. The motion to suspend the rules was approved 7-0. Ordinance No. D-1494-00 will be carried over to the next meeting of the Council scheduled for November 20, 2000. Council President Rundle announced the First Readin~ of Ordinance No. D-1495-00; An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances of the City of Carmel, Indiana. Councilor Kirby moved to introduce this matter into business. Councilor Wilson seconded. Councilor Snyder presented this matter to Council. Councilor Kirby moved to suspend the rules to send this matter to Committee. Councilor Snyder seconded. The motion to suspend the rules was approved 7-0. Ordinance No. D-1495-00 will be carded over to the next meeting of Council scheduled for November 20, 2000. Council President Rundie annotmced the First Reading of Ordinance No. A-86; An Ordinance Budgeting Expenditures for the Operating and Depreciating Funds for the Carmel Water Utility (Water Utility Budget). Councilor Kirby moved to introduce this item into business. Councilor Koven seconded. There was no Council discussion. Council President Rundle referred Ordinance No. A-86 to the Utilities and Transportation Committee. Council President Rundle announced the First Readin~ of Ordinance No. S-67; An Ordinance Budgeting Expenditures for the Operating and Depreciation Funds for the Sewer Utility (Sewer Utility Budget). Councilor Wilson moved this item into business. Councilor Kirby seconded. There was no Council discussion. Council President Rundle referred Ordinance No. S-67 to the Utilities and Transportation Committee. Council President Rundle announced Resolution No. CC-11-06-00-01; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the City's Annexation Policy. Sponsors Carter and Battreall asked that this Resolution be withdrawn. This item will not retum to the agenda. Council President Rundle announced Resolution No. CC-11-06-00-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the City's Annexation Policy. Councilor Kirby moved to introduce this item into business. Councilor Snyder seconded and proceeded to explain this matter to Council. There was Council discussion. Resolution No. CC-11-06-00-02 was approved 7-0. OTHER BUSINESS ANNOUNCEMENTS: Councilor Snyder recognized that Frank Whissler, a Cannel resident in District 5, would like to extend his appreciation to the Carmel Fire Department for their quick and efficient efforts. EXECUTION OF DOCUMENTS ADJOURNMENT: Council President Rundle turned the meeting over to Mayor Brainard for adjournment, pending the execution of documents. Mayor Brainard entertained a motion to adjoum. Councilor Kirby so moved. Councilor Snyder seconded. The meeting was adjourned at 10:21 p.m. Respectfully Submitted, Clerk-Treasurer Diana L. C0rd~IAMC Approved, . ~ James Brainard 6 ATTEST: Clerk-Treast/rer Diana L. C~%C 7 . . As a point of personal privilege, I would like to make the following statement: On October 24,2000 there appeared in The Dailv Ledger a letter to the editor written by Douglas C. Haney which was critical of actions taken by the Cannel City Council. Mr. Haney also previously wrote a letter to the editor of The Dailv Ledl!er criticizing this Council for action taken in June of this year. It is my understanding that this is the same Douglas C. Haney which serves as the Carmel City Attorney. As the City Attorney, Mr. Haney is the head of the Department of Law. Among the statutory duties of the head of the Department of Law, he is to give legal advice to the officers, departments, boards, commissions and other agencies of the City. (Ie 36.4.9.12) As members of this Council, we are officers of this City, and as such, are clients of Mr. Haney. The Comments following Rule 1.7 of the Rules of Professional Conduct which govern attorneys state, "Loyalty is an essential element in the lawyer's relationship to a client." In my oWn personal opinion, as a client of Mr. Haney's, [do not feel he is exhibiting his duty ofloynlty to this Council when he publicly criticizes its actions or its members. , Rule 1.2(b) of the Rules of Professional Conduct provides, "A lawyer'S representation of a client, including representation by appointment, does nOI.constitu1A! an endorsement of the client's political, economic, social or moral views or activities.' La\\'Yers know this rule and therefore should not feel the need to publicly differentiate their own opinion ffom that of their client. Nor does the Rule go further and encourage such activity. Additionally, the Comments foHowing Rule J.3 provide in part, "A lawyer should act with commitment and dedication to the interests oflhe client and with zeal in advocacy upon the client's behalf." I do not see how Me. Haney can be a zealolls advocate of his client. this Council, while at the same time he is publicly criticizing his client's actions. I certainly believe in freedom of speech. I am exercising that freedom right now. However, when an individual voluntarily assumes a role as the legal representative of another, I believe that attorney.client felationship should take precedence over the attorney's personal opinions with respect to his client. In my personal opinion, I find Me. Haney's behavior to be highly inappropriate and unprofessional. As a private citizen, my remedy in this situation would simply be to terminate the employment of that individual as my attorney. However, I do not have that option as 1111 elected member of this Council. Therefore, I am publicly calling upon Mr. Haney to resign as Cannel City Attorney. In the event he chooses not to do so, then I am calling upon the Mayor to remove Mr. Haney as head ofthe Department of Law. t:XH\ B IT \I A"