New Bloomington commission floated, would oversee funds from higher local income tax rate

On Wednesday night at a special meeting, Bloomington’s city council started its deliberations on a proposal to increase the countywide local income tax by a quarter point. The debate will continue on Sept. 16.

A new seven-member Sustainable Development Fund Advisory Commission (SDFAC) could be created by the Bloomington city council that would control spending of about $4 million in funds that would be generated by the extra quarter point added to the rate through an increase the council is considering.

That amount would take the rate from 1.345 percent to 1.595 percent. The higher rate would generate about $4 million annually for Bloomington. A little more than $4 million would be generated each year for Monroe County government and the town of Ellettsville.

A public hearing and a vote is scheduled for Sept. 16.

Under a proposed ordinance released to the public a few hours before the city council’s special meeting, a new city commission would have some control over expenditures from the extra revenue.

Under the ordinance, a new non-reverting fund would be created, called the Sustainable Development Fund.

Future ordinances and resolutions requiring expenditures from the fund would be subject to approval of a new seven-member commission, called the Sustainable Development Fund Advisory Commission (SDFAC).

Under the new ordinance, without a majority recommendation from the seven-member commission, the city council could not adopt an ordinance requiring an expenditure from the new fund.

Membership on the new commission would consist of: the mayor, three councilmembers and three citizens. That means an ordinance requiring expenditures from the new fund could be blocked by a coalition consisting of a single councilmember and three citizens.

The ordinance creating the new commission got a first reading on Wednesday, but no discussion, because under local code no debate or amendments are allowed at a first reading.  It will be considered at a second reading on Sept. 16.

Wednesday marked the first public deliberations by the city council on the possible income tax increase. A city council work session held last Friday was limited to asking questions of the administration.

On Wednesday, four councilmembers indicated some level of support. The other five can be analyzed as undecided. Continue reading “New Bloomington commission floated, would oversee funds from higher local income tax rate”

Question of burden adds some flavor to oral arguments in Bloomington’s annexation lawsuit

At a Tuesday afternoon hearing lasting around an hour, the two sides in an ongoing annexation lawsuit between the City of Bloomington and Gov. Eric Holcomb presented oral arguments.

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The Charlotte Zietlow Justice Center at 301 N. College, where a March 26 hearing on the City of Bloomington’s annexation lawsuit took place.

Judge Frank Nardi did not issue a ruling from the bench. The March 26 hearing was held at the Charlotte Zietlow Justice Center in downtown Bloomington.

The City of Bloomington filed the lawsuit in 2017 over the state legislature’s decision to build into its budget bill a change to state annexation law. It was a change that effectively singled out Bloomington and paused any annexation plans by the city for five years.

Bloomington contends that because the new annexation law was incorporated into the 2017 biennial budget bill, it violates the State Constitution’s requirement that legislation be confined to a single subject.

Bloomington’s lawsuit also states that the new annexation law violates the State Constitution’s clause prohibiting “special” legislation. The constitutional claim involving special legislation hinges not merely on the fact that the new annexation law applies only to Bloomington. The claim arises from the city’s contention that the attempted justification for the law’s unique application is not adequate.

To some extent, the two sides spent their time on Tuesday rehashing arguments they’d already submitted to the court.

The oral presentations, however, featured a slightly different flavor from the written briefs—especially on the part of the city, and its claim that the new annexation law is unconstitutional under the special legislation clause. The ingredient that city attorney Mike Rouker added to his oral remarks was “burden.” Continue reading “Question of burden adds some flavor to oral arguments in Bloomington’s annexation lawsuit”

Holcomb admits allegation that he was elected governor of Indiana, and other insights from court filings in Bloomington annexation lawsuit

In mid-January, Judge Frank Nardi requested an extra courtroom at the Monroe County Circuit Court for a half-day hearing on the afternoon of March 26, for a case filed by the City of Bloomington against the governor of Indiana.

Even though Judge Nardi is not expected to issue a decision from the bench on Tuesday, the hearing is likely to lead eventually to the first ruling on the substance of the case. It was was filed almost two years ago and deals with Bloomington’s annexation efforts.
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The lawsuit stems from a 2017 action by the state’s General Assembly to build into its budget bill a change to state annexation law that effectively singled out Bloomington and paused any annexation plans by the city for five years. The court documents in the case are accessible to the public through MyCase. (Search by case for 53C06-1705-PL-001138. Or download most of the court records in a single compressed file here: City of Bloomington vs. Holcomb.)

Bloomington filed a lawsuit, contending that the General Assembly violated two different parts of the state’s constitution: One limiting bills to single subjects and another prohibiting special legislation.

This article offers a general overview of those constitutional questions and includes a review of some preliminary rulings and points of agreement between the two parties, as well as some of the technical maneuvers that have taken place before the March 26 hearing. Continue reading “Holcomb admits allegation that he was elected governor of Indiana, and other insights from court filings in Bloomington annexation lawsuit”