Showing posts with label More Questions. Show all posts
Showing posts with label More Questions. Show all posts

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.