Thursday, May 03, 2012

HOME RULE ORDINANCE PASSED BY COMMISSIONERS ONLY FOR THE PAYMENT OF A SINGLE CLAIM FOR ONE OF THE PROSECUTOR'S DISCIPLINARY GRIEVANCES


ORDINANCE 2012--_____ 

HOME RULE ORDINANCE PERTAINING

TO 2010 INVOICE #505680


            A “Home Rule” Ordinance pertaining to 2010 Invoice #505680; 

            WHEREAS, Dearborn County Prosecuting Attorney, F. Aaron Negangard, presented a claim on December 14, 2010 to Dearborn County Council for payment of legal fees in the amount of $23,828.53 to Bose McKinney & Evans for legal representation in connection with “Matter 022105-0001 2009 Disciplinary Grievance”; 

            WHEREAS, Dearborn County Council approved the payment of the claim and said claim was, in turn, approved by the Dearborn County Board of Commissioners;           

            WHEREAS, Indiana Code §36-1-3-5(a) states that “Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power:  (1) is not expressly denied by the Indiana Constitution or by statute…”; 

WHEREAS, Indiana Code §36-1-3-6(b)(1) states that “If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must, if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power”; 

WHEREAS, Indiana Code §36-1-3-6(c)(3) states that “An ordinance under subsection (b)(1) must be adopted as follows:  In any other county, by the executive of the county”; 

            WHEREAS, payment of the claim is not expressly denied by the Indiana Constitution or by statute;

            WHEREAS, there is no constitutional or statutory provision requiring a specific manner for payment of the claim; and 

            WHEREAS, pursuant to the Indiana Code, payment of the claim was at the discretion of the Dearborn County Council, however, the Dearborn County Board of Commissioners must pass an ordinance pursuant to the exercise of this discretionary decision of Dearborn County Council.           

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: 

            Payment of 2010 Invoice #505680 is hereby authorized pursuant to the Indiana “Home Rule” statutes, specifically, Indiana Code §36-1-3-6(b)(1) and §36-1-3-6(c)(3).  Payment of this claim is not expressly denied by the Indiana Constitution or by statute and the power to pay this claim, therefore, was duly exercised at the discretion of Dearborn County Council pursuant to Indiana Code §36-1-3-5(a).           

ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the 1st_ day of _May_, 2012. 

BOARD OF COMMISSIONERS

DEARBORN COUNTY, INDIANA 

JEFF HUGHES, President     

TOM ORSCHELL, Member
                                                                                                                                                                                            SHANE MCHENRY, Member 

ATTEST:

GAYLE PENNINGTON

County Auditor

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