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
No comments:
Post a Comment