Wednesday, July 09, 2008

Mere facts without lame excuses and sentimental claptrap ... in New Albany? Are facts even legal?

Time and again I've listened or read comments to the effect that the plaintiffs in the redistricting lawsuit "done the council wrong" by not appearing, kneeling with hats in hand, to ask for redistricting before filing the lawsuit in Federal court.

Really?

Steve Price, who now savagely proclaims the council's legal prerogative to redistrict, sat through two years of his first term and did absolutely nothing other than to remark that redistricting was something that floated former colleague Larry Kochert's boat, and little more.

(Cue the Deliverance soundtrack twang)

Jeff Gahan, who was the previous council' s president for two years, now stridently agrees with Price that redistricting is a council mandate, just as it was before, and yet, as we've seen, and as a Federal judge quite forcefully agreed, neither Price nor Gahan ... nor any other sitting council person at the time... was so sufficiently enamored of their Constitutional obligation to undertake redistricting. As best it can be determined, none even mentioned the possibility.

So, tell me: Why must a citizen ask his or her elected representative to kindly perform the bare minimum of duties required of the position?

In the pantheon of excuses, how does "you didn't remind me to do my job" stack up with "my dog ate the homework"?

Anyone?

(Crickets chirping, pins dropping)

I thought as much.

----

NAC's co-editor Bluegill had this to say yesterday. I think it's worth elevating to the marquee.

If someone works to ensure that an election is illegal and is then "voted" into "government" as a result of that illegal election, are they actually empowered to wield authority?

It's something a court probably needs to review but I'd think the average citizen would say no.

Interesting, then, that that's the exact position Price, Coffey, and Gahan are in.

One really interesting tidbit from (Monday) night was Gahan's suggestion that the council could just wait until after the next census to redistrict. Doing so would ensure that our next city elections would again be based on voting districts that a federal court has already pointed out as illegal.

I guess if you're going to get busted anyway, you may as well go for broke.

6 comments:

Highwayman said...

One more time with gusto----"IT'S THE LAW!"

Randy said...

I was elsewhere when the city council meeting ended Monday night. Can someone tell me when the council is getting together to draw the new districts?

I believe we should fully support CM Price in his efforts. I did hear him plead with his fellow council members to get together, maybe even that night, and draw the lines.

Did his plea fall on deaf ears? Could Mr. Price not garner enough votes to overrule the adjournment by President Gahan?

Several of you are "represented" by the council member and I think it's despicable that when he finally takes on the mantle of responsibility and tries to get his colleagues to sit down and draw lawful districts, you sit there at your keyboards and mock him.

Since such a meeting would, by law, have to be conducted in public, please tell me, if you know, whether Mr. Price has called a special meeting of the council?

Oh yeah, don't forget that the council deliberately violated the law by not sending a letter to the County Clerk 10 days before final passage of an ordinance that would necessitate the crossing of precinct boundaries.

The ordinance under consideration is meaningless. It has a conditional clause that devolves the responsibility of making it effective onto another government body.

It might as well read "Subject to the Berea, Ky. city council complying in full with the recommendations of a New Albany, Ind. city council committee, be it ordained..."

Feel free to spin your own Draftomatic legislation. Just declare something you want to see made into a law. Then precede it with "Subject to [insert some other government (or heavenly) body] complying in full with [insert N.A. committee's] report,"

That ought to be fun.

Randy said...

If you're having trouble with today's homework, give Jerry Ulrich (council's attorney) a call. Maybe he'll let you borrow his customized version of the Indiana Code. It's one of a kind, none other like it.

Larry M. Summers said...

I believe we should fully support CM Price in his efforts. I did hear him plead with his fellow council members to get together, maybe even that night, and draw the lines.

Did his plea fall on deaf ears? Could Mr. Price not garner enough votes to overrule the adjournment by President Gahan?

Several of you are "represented" by the council member and I think it's despicable that when he finally takes on the mantle of responsibility and tries to get his colleagues to sit down and draw lawful districts, you sit there at your keyboards and mock him.


Steve, is that you?

The New Albanian said...

Bookseller?

Maybe it's the adult DVD store on Main Street.

Iamhoosier said...

"Are facts even legal?"

There you go again. You obviously were not listening Monday night.

OPINIONS are the only thing that count. OPINIONS, I tell you. People are allowed their OPINIONS and OPINIONS are what made this city what it is today. Facts just get in the way of good, old fashioned OPINIONS.

Apple pie, Chevrolet and have a good day.