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Fri, Nov 20 2009 

Published: November 07, 2009 09:18 pm    print this story  

Stay classy, Jeffersonville: ‘Second-class’ ordinance has two more readings in front of council

By DAVID A. MANN
David.Mann@newsandtribune.com

An ordinance that would grow the Jeffersonville City Council and shift financial responsibilities should have enough votes to pass.

The ordinance — which reclassifies the city from third-class to second-class — passed an initial reading Monday with a narrow 4-3 vote. One of the council members who voted against it, downtown’s Mike Smith, said he may even reconsider his vote, thus cementing a majority in favor of the measure. The council next meets at 7:30 Nov. 16 at City Hall.



WHAT’S SECOND-CLASS?

Class designations generally relate to population. Second-class cities have between 35,000 and 599,000 residents.

Right now, the U.S. Census Bureau estimates Jeffersonville’s population at 29,627. However, the Oak Park annexation — scheduled to take effect Jan. 1 — will bring in thousands more now living east and north of the city limits.

“The most visible change will be the size of the city council,” said Matt Greller, executive director of the Indiana Association of Cities and Towns.

The council would grow from seven members to nine members and redistricting would have to take place prior to the next municipal election in 2011.Financial officers also would change. Jeffersonville’s finances as a third-class city are maintained by the elected clerk-treasurer’s office. If the second-class city ordinance were to pass, that load would be shifted to a controller, who would be appointed by the mayor.

An elected clerk would be in charge of maintaining city records.

New Albany has a controller overseeing its finances. However, City Clerk Marcey Wiseman said she still has plenty to keep her busy. She notes that the clerk’s office is responsible for keeping ordinances, minutes and resolutions for the city council, sewer board and board of works.

Additionally, the office collects fines for local ordinance violations.

Clerk-Treasurer Peggy Wilder could not be reached for comment on the ordinance. She would not lose her job, as the change would not take place until after a municipal election.



ADVANTAGES?

Greller said there are some perks for a city that decides to make such as shift.

“The way that the [state] legislature sees and treats you is a little bit different,” he said.

Further, he notes, that some economic and redevelopment tools — for instance, sales tax increment financing districts — are only available for first- and second-class cities.

“The bigger cities get the newer tools first,” he said.

There are three Indiana cities that have the population but have not voted to make the change from third- to second-class status: Columbus, Greenwood and Carmel. The cities have decided not to change for different reasons, he said. Although, Greller notes, there is strong support for the overhaul in the latter two.

It’s only been in the last 10 years that cities have been given a choice to make the change. A decade ago, the classification automatically shifted, Greller said.



COUNCIL THOUGHTS

Smith said he wasn’t necessarily against it the first reading, even though he voted against it.

“I’m just not sure if I’ve been sold on it,” he said.

When the reclassification was initially proposed, there was a misconception that the city would become eligible for more state and federal dollars, he notes. As it turns out, those distributions are made based on population, not classifications.

Councilwoman Barbara Wilson said she supports the change.

“It’s advantageous. It helps us business-wise. I just feel like we got to grow,” she said.

Councilman Nathan Samuel supports it for a number of reasons. For one, he said, people need to feel like they have adequate representation on the council. And he said he supports having an appointed controller, noting that there’s no educational or training requirements for anyone who wants to become a clerk-treasurer.

Additionally, he said the change would lend more credibility to the city as it interacts with state government.

“All those reasons tend to add up,” he said.

Council President Connie Sellers said in an interview Monday that she favored the move as a matter of representation. The city is annexing, bringing more people into the city and so more representation — via a larger council — is needed, she reasoned.

Councilman Ron Grooms doesn’t believe that representation is an issue.

“In 1970, each councilman represented 2,000 people. In 1980, that same representative represented 4,000,” he said. “So, were those people in 1980 underrepresented?

“I’m not sure a bigger government with a bigger budget equals better representation,” he said in an interview Monday.

Councilman Keith Fetz said the change would be detrimental to voters because they’d lose the power to elect a fiscal officer.

Councilman Ed Zastawny said he plans to make a presentation on the nonmonetary reasons to make the move at an upcoming council meeting.





BIG DIFFERENCES

The Jeffersonville City Council is considering an ordinance that would reclassify the city from third-class to second-class. Here are some fundamental distinctions:



POPULATION

• Second-class: Between 35,000 and 599,000

• Third-class: Less than 35,000

FISCAL OFFICIALS

• Second-class: Elected city clerk; appointed controller.

• Third-class: Elected clerk-treasurer

COUNCIL

• Second-class: Nine members. Six members would be elected from districts, three elected at large. Redistricting would be required before the next municipal election.

• Third-class: Generally, made up of seven members. In Jeffersonville, two are elected at-large, but it can be three.

PRESIDING OFFICER

• Second-class: A council president is chosen to preside over meetings.

• Third-class: The mayor presides at council meetings, but may not vote unless it’s to break a tie.

CITY MANAGER

• Second-class: Not allowed.

• Third-class: Can be appointed by the city.

BOARD OF WORKS

• Second-class: Three to five members, all appointed by the mayor. The council may make two separate boards — one for works and one for safety.

• Third-class: The board must consist of three members, one of whom is the mayor. The mayor can appoint persons to the remaining seats.

LAW DEPARTMENT

• Second-class: The corporation counsel is head of the department.

• Third-class: The city attorney is head of the department.

CONTRACTS, BIDDING

• Second-class: The threshold at which a public project has to be competitively bid is $75,000.

• Third-class: The threshold at which a public project has to be competitively bid is $50,000

PUBLIC SANITATION

• Second-class: Has the ability to establish a department of public sanitation, which would be controlled by a board of sanitation commissioners. A sanitary district is created as a special taxing district to provide serves to the municipality.

• Third-class: Has a department of sanitation.

— Indiana Association of Cities and Towns, www.citiesandtowns.org

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