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Friday, August 2, 2013

IC-36-4-5 Indiana Code - City Executive

from: Kevin Roessler to: Dan McMillan date: Fri, Aug 2, 2013 at 6:24 PMsubject: info requestmailed-by: gmail.com


Kevin Roessler 
6:24 PM (0 minutes ago)
to Dan

I am requesting an electronic copy of all the monthly meetings for the City of Beech Grove based on the State Code below.

IC 36-4-5-6
Meetings with officers in charge of city departments; record
     Sec. 6. At least once a month, the executive shall meet with the officers in charge of the city departments:
        (1) for consultation on the affairs of the city;
        (2) to adopt rules and regulations for the administration of the affairs of city departments; and
        (3) to adopt rules and regulations prescribing a merit system for selecting, appointing, or promoting city officers and employees.
A record of meetings under this section shall be kept.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-5
     Chapter 5. City Executive

IC 36-4-5-1
Application of chapter
     Sec. 1. This chapter applies to second and third class cities.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.41.
IC 36-4-5-2
Mayor; election; eligibility; term of office
     Sec. 2. (a) A mayor, who is the city executive, shall be elected under IC 3-10-6 by the voters of each city.
    (b) A person is eligible to be a city executive only if the person meets the qualifications prescribed by IC 3-8-1-26.
    (c) Residency in territory that is annexed by the city before the election is considered residency for the purposes of subsection (b), even if the annexation takes effect less than one (1) year before the election.
    (d) The city executive must reside within the city as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The executive forfeits office if the executive ceases to be a resident of the city.
    (e) The term of office of a city executive is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.48; P.L.3-1987, SEC.556.

IC 36-4-5-3
Powers and duties
     Sec. 3. The executive shall:
        (1) enforce the ordinances of the city and the statutes of the state;
        (2) provide a statement of the finances and general condition of the city to the city legislative body at least once a year;
        (3) provide any information regarding city affairs that the legislative body requests;
        (4) recommend, in writing, to the legislative body actions that the executive considers proper;
        (5) call special meetings of the legislative body when necessary;
        (6) supervise subordinate officers;
        (7) insure efficient government of the city;
        (8) fill vacancies in city offices when required by IC 3-13-8;
        (9) sign all bonds, deeds, and contracts of the city and all licenses issued by the city; and
        (10) approve or veto ordinances, orders, and resolutions of the legislative body under IC 36-4-6-15.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.49.


IC 36-4-5-4
Appointments
     Sec. 4. The executive shall make the appointments prescribed by IC 36-4-9 and IC 36-4-11-2.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-5-5
Power to hear complaints against person issued license; proceedings; findings and determination; violation, revocation, or suspension
     Sec. 5. On reasonable notice of at least three (3) days to the person complained of, the executive shall hear any complaint against a person to whom the city has issued a license, and may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. To the extent they can be applied, the Indiana rules of procedure, including the right to appear by counsel and to compel the attendance of witnesses for or against persons complained of, apply to proceedings under this section. If the executive finds that the person complained of has wilfully violated a term or condition of his license, or has wilfully done or permitted to be done an act in violation of a statute or city ordinance relating to the business licensed, the executive shall revoke or suspend the license. He shall file a copy of his findings and determination with the city fiscal officer within twenty-four (24) hours after it is made.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-5-6
Meetings with officers in charge of city departments; record
     Sec. 6. At least once a month, the executive shall meet with the officers in charge of the city departments:
        (1) for consultation on the affairs of the city;
        (2) to adopt rules and regulations for the administration of the affairs of city departments; and
        (3) to adopt rules and regulations prescribing a merit system for selecting, appointing, or promoting city officers and employees.
A record of meetings under this section shall be kept.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-5-7
Appointment of persons to examine or investigate city accounts and property
     Sec. 7. The executive may appoint three (3) competent persons to examine, without notice, the city accounts and property in the possession or custody of a city department, officer, or employee, and to report the results of their investigation.
As added by Acts 1980, P.L.212, SEC.3.

IC 36-4-5-8
Absence or inability of executive; designation and service of acting

executive
     Sec. 8. (a) Whenever the executive is absent or going to be absent from the city, ill, or injured, he may designate:
        (1) the deputy mayor, if that position has been established under IC 36-4-9-7; or
        (2) a member of the city legislative body;
as acting executive, with all the powers of the office. The executive may exercise this power for a maximum of fifteen (15) days in any sixty (60) day period.
    (b) A designation under subsection (a) shall be certified to the president or president pro tempore and clerk of the city legislative body. In addition, when the executive resumes his duties, he shall certify to those officers the expiration of the designation.
    (c) Whenever the president or president pro tempore of the city legislative body files with the circuit court of the county in which the city is located a written statement suggesting that the executive is unable to discharge the powers and duties of his office, the circuit court shall convene within forty-eight (48) hours to decide that question. After that, when the executive files with the circuit court his written declaration that no inability exists, the circuit court shall convene within forty-eight (48) hours to decide whether that is the case. Upon a decision that no inability exists, the executive shall resume the powers and duties of his office.
    (d) If the circuit court decides under subsection (c) that the executive is unable to discharge the powers and duties of his office, then:
        (1) the deputy mayor, if that position has been established under IC 36-4-9-7; or
        (2) the president of the legislative body in a second class city, or the president pro tempore of the legislative body in a third class city, if there is no deputy mayor;
shall serve as acting executive, with all the powers of the office. A person may serve as acting executive for a maximum of six (6) months under this subsection. The city legislative body may appropriate funds to compensate a person acting as executive under subsection (d).
As added by P.L.349-1983, SEC.1.

IC 36-4-5-9
Vacancy in office of executive
     Sec. 9. (a) The office of executive becomes vacant whenever the executive:
        (1) dies, resigns, or is removed from office;
        (2) ceases to be a resident of the city;
        (3) is convicted of a felony, as provided in IC 5-8-1-38; or
        (4) is unable to discharge the powers and duties of his office for more than six (6) months.
    (b) The vacancy shall be filled under IC 3-13-8.

As added by P.L.349-1983, SEC.2. Amended by P.L.5-1986, SEC.50; P.L.37-2008, SEC.3.

62 comments:

Kevin Roessler said...

267,815 unique page views at time of posting.

Remember you are not the only one looking at the blog...lol.

Anonymous said...

If you happen to get them,you know they will be made up/and or edited! He's not going to let it out what he really talks about.

Anonymous said...

Kevin... Kill yourself. Noone likes you. Not even your old boss. He likes your wife though

Anonymous said...

And the point of this post is what? Please explain for us dummies!

Anonymous said...

I bet you get as much inside info from this request as you did with the whole email spectacle you made.

How did that work out for you? Quit shooting in the dark.
I kill me.

Anonymous said...

what a joke....

what a mess....

what a thing....

what a waste of time....

Anonymous said...

Kevin is the joke in this city. This blog is a joke Kevin's life style is a joke, the key club is a joke and his followers are a joke. All the ones that like to waste the city's time. All of this group can not stand all the good things being done. Yes you have to spend money to improve the mess the pass two mayors left. Come on guys bring one you dream team. That is all it will be a wet dream. Right on Kevin most likely you screw those up also.

Anonymous said...

we can just sit back and let buckley screw up everything. after showing his ass at the council meeting tonight,what can we expect next

Anonymous said...

ADOLF BUCKLEY

Anonymous said...

Well, Dan and the dream team....I think you just lost all support of the police and fire tonight in our fine city. There could have been a much better way to speak to them than the way Dan did. I am embarrassed for him. I am shocked.

Anonymous said...

Davidson- In a true dictatorship you would not be on a council of several elected officials AND you would not be able to scream out like a little baby during a scheduled meeting calling other people names. You need to get your definitions straight. You and Dan both embarrassed yourselfs last night.

What a mess, what a thing.

Anonymous said...

Dave Mobley, is embarrassing to our city but very entertaining at the same time:)

Anonymous said...

The police and fire are the most over paid, over funded group in the city.
Wake up a city with only 6000 households can only afford so much

Anonymous said...

Different topic, seen on the news last night that parents are no longer allowed to eat lunch with their children at BG schools.

Anonymous said...

Someone may want to point out to Mayor Buckley, that the meeting is of the common council of the city of Beech Grove, which doesn't include him, the meeting should be hosted by the president pro tem of the common council and should the Mayor need to speak he should be at the podium addressing or presenting any business. It is not his meeting and he isn't in charge.

Anonymous said...

The mayor has always been in charge if the council meetings. This is not new to Buckley.

I am glad the parents are not able to attend lunch. The teachers have enough to deal with and throwing parents in the mix is just not necessary. Schools are no longer safe. Remember the shooting at the elementary school? That was the son of one of the teachers. You can't trust everyone just based on being related to someone. School is a place to learn. Parents need to learn to parent outside of school instead of trying to be the cool one that brings their child lunch.

Anonymous said...

Dan- when did Beech Grove get into the business if making money off of public safety? Do you not understand that is a department is properly staffed, even more money will b made? Lets make money off of other areas. Public safety needs to be reinvested into public safety.

Anonymous said...

The fire department can huff and puff but that's all they got, the have no pull in the elections i.e.
Wright beats Wiley in 2004,Fire department backs Wiley, 2008 they stayed out of it because Wright made promises, Wright won, Buckley vs Dilk in 2011 well Dilk wasn't going to beat anyone. So instead of yelling and smearing, stay in your houses and shine up your new trucks cars and ambulances and be happy that they pay you so much to watch IFD put out the fires in the Grove.

Anonymous said...

10:34, if you are talking about the shooting last December at Sandy Hook, it was not the son of a teacher. Get your info correct. If i cant eat lunch with my child, then dont ask me to go on field trips, volunteer to come into class and make copies for the teachers. Dont ask me to bring extra supplies.

Anonymous said...

Kaiser makes way too much money, $187,000 annual base salary to oversee 5 schools, come on.

Anonymous said...

@kevin roessler.....quick question, how many time on average would you say you go into city hall requesting docs, ameil etc? just curious how much time you have the people who work there take care of your requests when they could be doing much more important things? just curious....

Anonymous said...

Well Kevin...I actually had faith in your dream team until I heard about the meeting. Yes, everyone is talking and it's nothing positive. You call going and requesting documents weekly as a concerned citizen looking out for our town, but in reality it's now looking like harassment. You're a grown man throwing a temper tantrum because you're not getting your way. Well get use to it because your man is NOT going to get elected into office either. Find another hobby. I understand your kids are gone, but it's obvious that you have way too much time on your hands.
As far as parents crying about not having lunch with their kids. It's probably best because some parents are afraid to let their kids be independent. I read one lady's comment about wanting to see who her kids are friends with & wants to see who bullies her kids...it's a part of them growing up. It builds character. She is one that definitely needs to stay out of the school.

Anonymous said...

Great question 4:29! Too bad there will never be an honest answer. Roessler has several people requesting crap for him!

I am sure this request will bring about as much "dirt" as the entire email scandal Roessler created earlier this year! oh wait, nothing came of that other than Kevin complaining that his request cost too much money.

Well played, Kevin, well played...

Anonymous said...

It would be interesting to know what the ratio is of the number of IMPD and IFD people that live in Beech Grove compared to BGPD and BGFD.

Anonymous said...

6:17, My kids at Central and Hornet Park enjoyed having lunch with their father. I am not crying and I my older kids are independent. I dont see what the big deal is about having lunch with your kids. You probably dont have kids because you are living in your moms basement.

Anonymous said...

9:56 I have kids at BGHS, middle, & elementary. Both of us would have lunch with our kids regularly. I am upset about not being able to go anymore, but I understand it. It's a safety issue and I agree that it's better for the kids. So thanks for trying to insult me, but it's not possible. I'm an active parent & stay involved.

Anonymous said...

If you listen to the city council meeting you will hear Mayor Buckley whisper to his City Attorney (around 53:20) that he is going to stick the RDC with the bills for Main Street in order to cripple it. Good work Mayor!! Way to be a leader, oh I mean a complete fool.

Anonymous said...

That is easy question to answer about Indy police and fire and where BG police and fire live. If you make in the range of $70 thousand and up would you live in BG, come on those boys and girls have it made and will continue to bleed the city dry. Oh the next time you see a BG fireman ask how many real fires do they go on in a years time. You will fine that putting them all on ambulances would save big time. Come on Dan you almost said it. Be a man your have Susie speak for you.

Anonymous said...

seriously??? people are complaining bc f how much the firemen make???? wow.....new level of stupidity for the city! unbfortunately people who save lives, teach, coach, nurse etc never make enough to show their worth!!! grow up

Anonymous said...

Susie said she doesn't read the blog....now that is funny:)

Anonymous said...

oh no....just heard sirens from a fire truck here!!!! someone is needing help....thank God our firemen are dependable no matter how much people dont think they are worth it!!!

Anonymous said...

2:35 Pm You miss the point. The FIREFIGHTERS do not want to man the ambulance, it is beneath their level of heroism. They still want to be compared to teachers and nurses if they can gain financially from it. The City of Indianapolis Firefighters for the last few years have called the Beech Grove Firemen the Foundation Savers. With or without the Beech Grove firefighters the foundations of most Beech Grove buildings would be saved. I want more Mommy I want more. Paying overweight guys to sleep AJ.

Anonymous said...

Kevin, where you at? People are asking you questions! Where is the dirt from your latest request? What about the last request? I think you need to find something else to do with your time...I think you might have struck out and are now 0 for 3!

Anonymous said...

BGFD, risk lmao, BGFD does nothing until IFD gets to the fire.

Anonymous said...

in the last year and a half the city has spent almost million dollars on the fire department,
The Mayor illegally spent money from the sanitation fund $750,000 Amtrak money on Main Street, and borrowed another 400,000 in the last bond for Main street which is an RDC project, how the hell does that happen?, The RDC spent funds on paving some alleys, which aren't in the TIF zone, or part of their five year plan. The RDC was entering into a deal to give away the Rock Pile, illegally. The Mayor sets up meetings to get the DPW unionized. The Mayor is giving contracts without council approval to campaign contributors. All the problems with the RDC happened under RDC presidents Terry Dilk, some dude named Eric. John Morgan, and Stephanie Hubbard, My God does any one in this freakin city have a clue or know how to follow the law?

Anonymous said...

what a load of crap! The city has NOT spent that much money on the fire department. The city bought a new fire truck and ambulance for their employees to complete their job. Beech Grove is now offering safe and up to date equipment that previous administrations had not provided. Now Clerk Dan is allowing the Fire Department to remain understaffed! Dan claims that we are now in the business of making money off of public safety, so please feel free to call 911 for a ride in the new ambulance, to help get the city new roads and sidewalks. Apparently this is the only source of income Dan has found in order to make these improvements happen!

Go, Dan, Go! Your doing wonders for our city!

Anonymous said...

I have a feeling that is you post a comment about one of our elected officials on "this side" it somehow never gets posted. Typical...

Anonymous said...

Friday 9:14,if all of these people have caused so much trouble for the city, why haven't you stepped forward to lead them down the right path? oh yeah, hide & bitch about things you have no idea about

Anonymous said...

Come on BGFD. I watched my neighbors house burn like you did, waiting for help from Perry and Franklin at the time. It was nice to see the ladder truck that Dennis sold to Franklin because there wasn't enough staff to run it.

Anonymous said...

It's not a bitch when it's fact and documented........

what a maroon

Anonymous said...

9:56 Sounds like you are the one that started with the insults saying people are "crying".

Anonymous said...

Where are to answers to your information request? Did iou shoot a blank once again and trying to change the subject by adding a new thread?

Haha...I kill me.

Anonymous said...

Sorry 9:56 Dan the man as you call him, has no voting power, the clerk whom ever it is, is in charge of the fiscal well being of the city.
It was the council who voted to table your request

Anonymous said...

Truth is the fire department got a new fire truck, 2 new ambulances, and 4 new tahoes for the 4 chiefs to ride around in and they also contract with St. Francis to run one of the ambulance.If it were up to ole Buck they would have plenty more but clerk Dan insisted on sharing and he put into the budget $500,000 for streets and sidewalks and $400,000 for sewage repairs. Dan why you have to go and be such a mean ole man. Why can't you give that cry baby Jeannette and the other firemen more help. They actually have to get out of there recliners a couple of times a day. There tired. Give them a break.

Anonymous said...

paving money to pave where? In front of the city attorney's house? Nice work Dan! That was definitely the most needed area in our city! Keep it up!

And truth is, the equipment was so out dated, it was costing the city more money in repairs! Spin that for me please!!!!!!

Anonymous said...

what is a maroon? if you have the docs bring them to the next rdc meeting

Anonymous said...

Lets take all the personal crap out of things for a minute shall we.

If you request it the info will come.
Remember that 2 million dollar bond the mayor got the council to take out after paying off the old 2 million dollar bond, well here's where most of the money went.

Fire 2012 bond issue
Fire Station #101 and #102.roofs and decking $60,000.00
Fire Station #101 lentils
$13,000.00
Fire Station #102 soffits $20,000.00
Fire Station #102 hvac $18,500.00

Fire Engine $458,264.00

Ambulance $154,673.11
Accurate Concrete Pad for Station #1 $ 15,000.00
2012 Fire Services Inc. Ambulance $131,229.79
For a total of $970,666.90

The Police received $12,000 from the same bond for HVAC

The city borrowed again and the money went to:

2013 Four Fire Department staff vehicles $150,000.00
2013 Four Police Vehicles $125,000.00

Bringing the total from the Buckley administration so far
BGFD $1,120,666.90
BGPD $137,000.00

Numbers don't lie, people do

OH and RDC docks are next.

Anonymous said...

I don't believe the city attorney lives in BG but his father does, and the mayor makes the decisions on paving not the clerk.

and a maroon is anonymous 2:16 and 3:47.

Never challenge and expert, in other words don't ask a question you don't have the answer for in politics

Anonymous said...

"Numbers don't lie people do"
Kevin's favorite quote. So why post anonymous. You're such an arrogant jerk. Find a hobby. That doesn't involve politics.

Anonymous said...

Nice try, 4:40.
It appears since the FD did not want leaky roofs and unkept buildings, then they are being greedy and penalized? So I guess Buckley also bought Hannon new shelters for his own personal use, stabilized the creek for Hannon's own personal use, paved the lot and fixed the roof for Merryweather's own personal benefit, paid the remainder of the Main Street construction loan for the individual business owners own personal benefit, paved parts of the little league for the greedy little children that play baseball....etc, etc.

WRONG! It is called normal upkeep of city buildings, property, and land. You can not say one person or group of people got more money in maintenance repair than another and call that group greedy. That my friend, is called spin.

The schools better be careful, next time they buy little Johnny a book, pencil, or fix the heater, the blog will go after them. It is only a matter of time.

Anonymous said...

LMAO 6AM nice try,

but a sad effort.

The FD cry's and whines about never getting anything, this shows different.

6am as in all people who can't handle the numbers and facts, you went personal...must be a Fireman or a Buckley supporter none of you can handle facts.

I don't believe there was anything in that post of a personal nature or a judgement.

Anonymous said...

Oh and it wasn't Kevin don't really care for Kevin but I applauded his efforts

Kevin Roessler said...

Dear 6am,

Why blame the Blog for the comments of an anonymous poster?

My posts have my name on them as I am not scared.

Dear 1225 am,

Stay anonymous because you look very stupid when you trash someone who is posting anonymous while you are posting anonymous.

Can't make stuff like that up. LMAO.

Anonymous said...

Come on Keric, I mean 6am

Someone said it was a million on the BGFD, someone said it wasn't poof the numbers show up, no one said it shouldn't have been done, but your need to justify and spin it is entertaining Thanks

Anonymous said...

Heads up personal incoming.

If you take what was spent from the bond on the fire department, add in the Lick creek project and the shelters in the park, Keric's job and family got about 1.5 million out of that bond. Who says being a campaign manager doesn't pay off

Anonymous said...

Went by fire station on churchman yesterday. front doors were up. Two firemen throwing a football back and forth over the fire trucks. Tough job. The guys on the ambulances deserve more pay than the firemen. They handle most of the runs and are the one's saving lives.

Anonymous said...

As a city employee I must be anonymous.
It's all over the city that the golden ones fire and police are keeping the rest of the city workers from getting a pay raise.
If the fire and police with their unions would give up their BS education money every city worker could get a raise including the fire and police. some people just don't get it.

Anonymous said...

So many requests, never any results. Keep up the hard work, Kevin!

Anonymous said...

Beech Grove Firefigters' Safety day in the park. Hours 9 am to 11 am. By my math that is 2 hours or 1/12 of a day in the park. Pat yourself on the back for this charade boys.

Anonymous said...

I can't believe those "firefigters" would have the gall to do community outreach! I am so angry! What kind of public safety organization does that?

Anonymous said...

I know this "blog" is all about bashing the good, the bad, and the ugly; however, can we atleast limit that to elected officials? Since when did this blog become all about bashing those who live to serve and protect us in our own city?!?!?!

what a disgrace this blog and its posters have become...

Anonymous said...

Ok so someone makes a career choice and should be rewarded for it over and over and over again, they the public safety people target themselves.
My work place can't afford new cars, trucks, building updates, gyms and overtime.