Mayor Jon Flickinger April 14, 2010
John R. Stanczak
1024 West 4th Street
Bicknell, In 47512
Jon it is apparent that Councilman Gary Goodwin is not performing the duties as councilman. I understand that he has not attended a council meeting this year and has not been a resident of his district for several years and also is now actually living in Vincennes.
Jon I have listed below laws that require a council person to live within his district and to perform his duties all of which Councilman Goodwin is not.
At the next council meeting I am requesting that you ask the council to remove him for his seat and contact the Knox County Republican party to replace him.
City-county legislative body; expulsion of member; declaration of vacancy; rules
Sec. 4. The city-county legislative body may:
(1) expel any member for violation of an official duty;
(2) declare the seat of any member vacant if he is unable to perform the duties of his office; and
(3) adopt its own rules to govern proceedings under this subsection.
However, a two-thirds (2/3) vote is required to expel a member or vacate his seat.
As added by Acts 1980, P.L.212, SEC.2.
IC 36-3-4-2
City-county council; membership; election; eligibility; vacancy; term of office
Sec. 2. (a) A twenty-nine (29) member city-county council, which is the legislative body of both the consolidated city and the county, shall be elected under IC 3-10-6 by the voters of the county.
(b) To be eligible to serve as a member of the legislative body, a person must meet the qualifications prescribed by IC 3-8-1-25.
(c) A member of the legislative body must reside within:
(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and (2) the district from which the member was elected, if applicable.
(d) A vacancy in the legislative body occurs whenever a member:
(1) dies, resigns, or is removed from office;
(2) ceases to be a resident of the county or district from which the member was elected;
or
(3) is incapacitated to the extent that the member is unable to perform the member's duties for more than six (6) months.
(e) The vacancy shall be filled under IC 3-13-8.
(f) The term of office of a member of the legislative body is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1986, SEC.40; P.L.3-1987, SEC.552.
Indiana Constitution
Text of Section 6:
Residence of Other Officers
All county, township, and town officers, shall reside within their respective counties, townships, and towns; and shall keep their respective offices at such places therein, and perform such duties, as may be directed by law.
Keep up the good work Jon
John R. Stanczak
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