HomeMy WebLinkAboutCC 05-16-22-01 (Defeated)/Initiates the Process of Declaring Councilor KImball's Seat VacantSponsors: Councilors Finkam, Campbell,
and Hannon
This Resolution was prepared by Jon A. Oberlander, Corporation Counsel, on April 21, 2022 at 12:05 p.m.
No subsequent revision to the Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
RESOLUTION CC 05-16-22-01
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, INITIATING THE PROCESS OF DECLARING THE SEAT OF A MEMBER
OF THE CARMEL COMMON COUNCIL VACANT
Synopsis: Initiates the process of declaring Councilor H. Bruce Kimball’s seat on the
Carmel Common Council vacant due to his extended absence from the Council.
WHEREAS, Indiana Code § 36-4-6-6 allows the Common Council (“Council”), by a
two-thirds (2/3) majority vote, to remove 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; and
WHEREAS, on December 6th, 2021, the Council passed Ordinance D-2605-21, which
adopted a procedure for removing a member for the violation of an official duty or declaring the
seat of any member vacant who is unable to perform the duties of the member’s office; and
WHEREAS, on November 5, 2019, Councilor H. Bruce Kimball was elected to a four (4)
year term representing Carmel’s Central District (#1) that runs from January 1, 2020 through January
1, 2024; and
WHEREAS, to date, Councilor Kimball has not attended a Council meeting either in-
person or virtually since December 7, 2020, and has not provided the Council with a timetable
for his return; and
WHEREAS, in order to ensure that the residents of the Central District (#1) are
adequately represented, it is now in the best interest of the citizens of Carmel to initiate the
process for declaring Councilor Kimball’s Council seat vacant due to his inability to perform the
duties of his office.
NOW, THEREFORE, BE IT HEREBY RESOLVED AND AGREED BY THE
COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. Pursuant to Carmel City Code § 3-48(b), the Carmel Corporation Counsel is hereby
directed to file with the Clerk a bill of impeachment regarding the vacation of the Central
District (#1) Council seat.
3. Fifteen (15) days after the bill of impeachment is filed with the Clerk, the President of the
Council shall call a special Council meeting in order to receive evidence and vote on the
vacation of the Central District (#1) Council seat. The special Council meeting shall be
held not more than twenty (20) days after the bill of impeachment is filed with the Clerk.
Resolution CC 05-16-22-01
Page One of Two Pages
DocuSign Envelope ID: A7AA4514-33D2-4D53-98DB-8FBB12AF1376
Sponsors: Councilors Finkam, Campbell,
and Hannon
This Resolution was prepared by Jon A. Oberlander, Corporation Counsel, on April 21, 2022 at 12:05 p.m.
No subsequent revision to the Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day
of ________, 2022, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Kevin D. Rider, President Jeff Worrell, Vice-President
___________________________________ ____________________________________
Sue Finkam Laura Campbell
___________________________________ ____________________________________
H. Bruce Kimball 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
_________________________ 2022, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 2022, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Resolution CC 05-16-22-01
Page Two of Two Pages
DocuSign Envelope ID: A7AA4514-33D2-4D53-98DB-8FBB12AF1376
Not Present
16th
OpposedOpposed
May 44
Opposed
Opposed