Thursday, March 29, 2012

SHANE GIBSON'S SECOND CONTRACT SIGNED THE SAME DAY AS THE OTHER

Shane Gibson has two contracts he signed and is currently operating under.  Below is the second one:

The following reflects what this document states:



AGREEMENT FOR SERVICES

     This Agreement for Services (this "Agreement") is made and entered

this 13 day of January, 2012, by and between Shane L. Gibson d/b/a

Gibson Law Office, LLC (the "Gibson"),  and the Sewer and Storm

Water Utilities for the City of New Albany (hereafter referred to

as "Utilities").  Gibson and City agree as follows:

     1.  Gibson is an independent contractor for the City with

          respect to the Sewer Utility and the Storm Water

         Utility and shall be paid $3,750.00 per month.


     2.  Gibson's duties and responsibilities shall include, but not

          limited to, attendance at respective board meetings for the

          Sewer and Storm Water Utilities, research legal issues

          and render legal opinions, and draft legal documents for

          said department, and any other activity requested by the

          Board and/or the City Attorney.


     3.  Gibson shall be paid the retainer fee per month, which

          retainer shall fully compensate Gibson for the first fifteen

          (15) hours of legal work each month.  In addition, Gibson

          shall be paid an hourly rate of $150.00 for any work

          performed in excess of fifteen (15) per month for any

          work beyond the scope of his duties and responsibilities

          as described herein above.  The hourly rate shall apply to

          the involvement in any litigation, or any other legal

          matters agreed by the parties.




_________________________
Stanley Robison, City Attorney



_________________________
Shane L. Gibson, Attorney




Now, can you look at the previous contract and this contract and figure out how much this guy is making?  Good luck.

Tuesday, March 20, 2012

SHANE GIBSON'S FINAL TWO CONTRACTS SIGNED WITH THE CITY JANUARY '12

Mr. Gibson has secured 2 (two) contracts for this year, 2012.  We will publish one at a time.

First one:



Since the reader won't be able to discern the information without printing the page and enlarging it on a photocopier, the following is the actual text.


     This Agreement for Services (this "Agreement") is made and entered this 13th day of January, 2012, by and between Shane L. Gibson dba Gibson Law Office, LLC (the "Gibson"), and the City of New Albany (hereafter referred to as "City").  Gibson and City agree as follows:

     1.  Gibson is an independent contractor for the City with

          respect to the Planning/Zoning, Redevelopment, and

          any other matter requested by City Attorney and/or

          Mayor and shall be paid  $2,500.00 per month.


     2.  Gibson's duties and responsibilities shall include,

           but not limited to, attendance at respective board

           meetings for the Planning/Zoning

          Departments, Redevelopment, and any other meetings,

           including researching legal issues and render legal

          opinions, and draft legal documents for said departments.


     3.  Gibson may participate in the City insurance program

          and pay any costs associated therein.


     4.  Gibson shall be paid the retainer fee per month, which

           retainer shall fully compensate Gibson for the first

           twenty-five (25) hours of legal work each month for the

           City.  In addition, Gibson shall be paid an hourly rate of

           $150.00 for any work performed in excess

           of twenty-five (25) per month and for any work beyond

           the scope of his duties and responsibilities as described

           herein above.


     5.  The hourly rate shall apply to the involvement in any

           litigation, or any other legal matters agreed by the

           parties.


     6.  Gibson shall be permitted to participate in city health

           insurance programs and shall pay the costs associated

           with any participation.


     7.  Gibson and City agree that all contracts in previous years

          are null and void.


  ____________________________
  Stanley Robison, City Attorney



_____________________________
Shane L. Gibson, Attorney

Friday, March 16, 2012

GIBSON'S CONTRACT FOR 2010

The following is an Agreement for Services reflecting Shane Gibson's contract for 2011, dated November, 2010.





In case you, the reader, can not read this the following reflects the actual text:

AGREEMENT FOR SERVICES

     This Agreement for Services (this "Agreement") is made and entered this 29th day of November, 2010, by and between Shane L. Gibson d/b/a Gibson Law Office, LLC (hereafter referred to as "Gibson"), and the City of New Albany (hereafter referred to as "City") and effective December 1, 2010.  Gibson and City agree as follows:

     1.  Gibson shall be appointed New Albany
          City Attorney and shall be paid $50,000
          per year as City Attorney.  In addition,
          Gibson shall be paid an hourly
          rate of One Hundred Fifty Dollars
          ($150.00) per hour for any work performed
          in excess of ten (10) hours per week
          (excluding holidays).  Gibson shall
          submit an itemized invoice for
          such work performed in excess of
          ten (10) hours per week (excluding
          holidays).

     2.  Gibson's duties and responsibilities
          shall include, but not limited to,
          attendance at respective board
          meetings for the City Departments,
          City Council meetings, research legal
          issues and render legal
          opinions, and draft legal documents,
          draft and research ordinances, enforce
          ticket and ordinance violations.

     3.  Gibson shall be permitted as City
          Attorney to participate in the health
          insurance and other insurance policies
          and plans offered by the City.

     4.  In the event that the City of New Albany
          issues any bond financing for the
          benefit of the City, Gibson may be paid
          additional compensation for his
          services with regard to same in an
          amount commensurate with the work
          performed.

     5.  This contract shall terminate any other
          contract and is at the will of either
          party upon notice of two (2) months.

Date:  November 29, 2010     Douglas B. England,
                                                 Mayor City of New Albany

Date:  November 29, 2010     Shane L. Gibson,
                                                 Attorney


Did you, as the reader, pick up on how not only is he getting the City's health insurance but other insurance policies and plans offered by the City?  Anyone out there with knowledge as to what all "plans" and insurance programs he may have benefited from?  (Maybe we should say still benefiting from.)

Also, $50,000 per year and ten hours per week at $150.00 per hour without submitting billable hours? 

Sweetheart of a deal.   If the rumors are true and the Democrats are putting up Mr. Gibson to run for County Prosecutor we assume this may be the reason why such lucrative contracts.

There will be another posting next week reflecting the latest Agreements for Mr. Gibson authorized by Mayor Gahan.
         

Friday, March 9, 2012

ANOTHER EXECUTIVE ORDER

This Executive Order was created 02-06-09. 


We have always heard that Rosenbarger and Malysz, both, started drawing their retirement benefits after their respective dates of 11/30/08 (Rosenbarger) and 9/10/07 (Malysz).  Then, we heard others had done the same.  Unfortunately, there is a loophole in the law which allows this to happen.


Anyways...

And, as usual, you can't read it with the eye, unless you enlarge this with a photocopier.  The following represents what this document states:

EXECUTIVE ORDER
VACATION DAYS

2009-01

By the authority vested in me as Mayor of the City of New Albany, Indiana, it is hereby ordered and directed as follows:

Section1, Vacation Pay

There has been a precedent set in recent years to award service time to City employees rehired after leaving the employ of the city for various reasons.

The following persons will be awarded their credible service years to be applied to them as set forth in the personnel policy for non-bargaining employees in Section V, Paragraph B, Vacations:

Carl E. Malysz - April 28, 1975 through November 8, 2002; June 11, 2007 through September 10, 2007, and rehired on January 1, 2008 for a total of 28 years and awarded four weeks vacation.

John Rosenbarger - November 17, 1975 through November 30, 2008 and rehired on January 1, 2009 for a total of 33 years and awarded four weeks vacation.

Kathy Wilkerson - December 1, 1972 through August 15, 1975; December 1, 1975 through September 1, 2008 and rehired on October 1, 2008 for a total of 35 years and awarded four weeks vacation.

Pat Linck - January 1, 1971 through September 1, 1974; January 1, 1992 through December 31, 1999 and rehired on January 1, 2004 for a total of 17 years and awarded four weeks vacation.

This Executive Order shall be retroactive to January 1, 2008.

Ordered by:


Douglas B. England, Mayor
City of New Albany, Indiana

Dated:  2-6-09


Thursday, March 1, 2012

MORE EXECUTIVE ORDERS

We hope people realize this blog takes no joy nor satisfaction from finding and printing documents uncovered by taxpayers reflecting actions which we feel are illegal, without Council's approval.

It is what it is, though, and print them we will.


As you can tell, the document isn't readable, and the following reflects what it states:

EXECUTIVE ORDER
VACATION DAYS

2008-01

By the authority based in me as Mayor of the City of New Albany, it is hereby ordered and directed as follows:

Section 1.  Vacation Pay

There has been a precedent set in recent years to award service time to city employees rehired after leaving the employ of the city for various reasons, mainly because of a change of administrations.

The following persons will be awarded their credible service years to be applied to them as set forth in the personnel policy for non-bargaining employees in Section V, Paragraph B, Vacations:

Dennis Smith - 6/26/95 through 5/23/2000 and rehired on 8/29/05 for a total of 8 years and awarded three weeks vacation.

Cyndi Krauss - 1/28/97 through 6/25/2004 and rehired on 3/23/05 for a total of ten years and awarded three weeks vacation.


Kay Garry - 6/1/85 through 12/31/1987; 1/1/1992 through 2/1/2002; and rehired on 2/9/04 for a total of 15 years and warded four weeks vacation.

This order shall be retroactive to January 1, 2008.

Dated:  3-12-08  Signed by Douglas B. England, Mayor City of New Albany, Indiana


It is our understanding compensation to any city employee needs to be approved by the Common Council, City of New Albany.  The precedent referred to, well, what can we say?  We'll let the State of Indiana rule as to the legality of the above document.  Why an Executive Order?



Now, here is another document (or Executive Order) dictated by former Mayor Douglas B. England:



Again, as before, human eye probably can't discern what this document states.  The following shows the words:

EXECUTIVE ORDER
SETTING SALARY FOR DENNIS SMITH

20010-01

In 2009, the City took on the project of implementing a tow in lot for vehicles in violation of city ordinances.  The City did not have a tow in lot before this time.  Dennis Smith was instrumental in organizing and implementing the tow in lot.  Dennis Smith has operated the tow in lot since it began.  He has taken on additional duties and responsibilities above and beyond what his original job position required of him.  By his efforts, Dennis Smith has been able to increase the revenues of the City through his work with the tow in lot.  During 2009, Dennis Smith did not receive additional compensation for his work with the tow in lot above his normal salary relating to his other duties.  The Mayor, hereby, acknowledges the benefits received by the City through the additional work performed by Dennis Smith.

Therefore, by the authority vested in me, as Mayor of the City of New Albany and the powers granted to me under Indiana Code 36-4-7-3, which permits the Mayor to increase the compensation of an employee at anytime during the year, the Mayor authorizes the additional compensation of $10,000 per year to Dennis Smith out of the tow in lot funds.  This is effective immediately.

Dated:  1/13/10  Signed by:  Douglas B. England Mayor, City of New Albany


The IC Code stated in this Executive Order is reflected here: 

IC 36-4-7-3
Appointive officers, deputies, and other employees; compensation
Sec. 3. (a) This section does not apply to compensation paid by a city to members of its police and fire departments.
(b) Subject to the approval of the city legislative body, the city executive shall fix the compensation of each appointive officer, deputy, and other employee of the city. The legislative body may reduce but may not increase any compensation fixed by the executive. Compensation must be fixed under this section not later than September 30 of each year for the ensuing budget year.
(c) Compensation fixed under this section may be increased or decreased by the executive during the budget year for which it is fixed.
(d) Notwithstanding subsection (b), the city clerk may, with the approval of the legislative body, fix the salaries of deputies and employees appointed under IC 36-4-11-4.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.44-1991, SEC.5; P.L.35-1999, SEC.5; P.L.89-2001, SEC.7; P.L.169-2006, SEC.54.


Why wouldn't this go before Council?  Why an executive order?  Council approved the tow in lot and Messer led the committee hearings with the public.  And, if Council approved the tow in lot, wouldn't they have approved a salary for someone to run it?  We, as taxpayers, have no clue but realize this gentleman received $20,000.00 above and beyond Council's approval.

AND WE WANT TO KNOW WHERE OUR MONEY IS - HA HA HA.  $10,000 HERE, $20,000 THERE...USE THE MONEY YOU HAVE BEEN MISAPPROPRIATING TO FIX THE THINGS NEEDING FIXING AND QUIT RAISING OUR RATES.  AND, PLEASE, DON'T EVEN THINK ABOUT PUTTING NEW TAXES ON THE TAXPAYERS/RATE PAYERS IN ORDER TO PAY FOR THE MALARKEY SHOWN ABOVE, PLEASE.