New Albany’s government has a reputation for ignoring laws. The kindest interpretation would be that they simply don’t understand the law, but in at least 2 instances, a majority of this council just shows contempt for the laws that govern their actions.
The most notorious flouting of the law involves the integrity of our elections. The other major violation is rooted in the way this city pays for the delivery of sanitary sewer services.
Election integrity and equal representation
In 1992, shortly after the 1990 U.S. Census figures were provided to them, the city council drew council district boundaries. Even though New Albany annexed new territory in 2000 and even though the law required them to redraw those districts after the 2000 census, the council has never drawn lawful districts.
Our city elections, and all district council members elected in 2003, 2007, and yes, in the upcoming 2011 election, are tainted by the fact that our council districts are nowhere close to equal in size.
This is not an oversight. It is a calculated affront on the Constitutional principle of one person, one vote. Indiana has one of the strictest laws in the country regarding the equality of districts, and yet a majority of this council refuses to comply with the law or with the Constitution.
Randy will insist that new council districts be drawn equally. His opponent has arrogantly refused to perform her official duty to do the same.
Diversion of tax dollars to private subsidies
By law, sewer rates must be set at a level in excess of the costs of providing the services and retiring debts. A majority of this council continues to divert taxpayer dollars to keep the sewer bills of the biggest users artificially low.
Many are confused about the issue and do not understand that the sewer utility, though owned by the city, is required to be financially self-sufficient. If it doesn’t pay for itself, there is no legal means for diverting other city money to prop it up.
In effect, every taxpayer in the city is paying to keep the sewer bills lower. Instead of paying for their use, the biggest users (and that includes people on the system who DON’T PAY ANY city taxes) get a handout from you, the residents of the 5th District.
Randy will move to end that subsidy immediately upon taking office and return the taxpayers money to providing city services instead of subsidizing the most well-off or the most environmentally irresponsible users of the system.
Ongoing contempt for the law
Anyone who has followed the last 2 councils knows that a majority of this council believes that you, the voters, don’t care whether they follow the law or not. If the law prohibits something that needs to be done, a council member is obligated to explain that to her constituents and, if necessary, work to get that law changed – not to simply ignore the law.
Randy Smith for New Albany 