By Wendy Brant
Evaluating the Zionsville Perry referendum vote depends on the legalities involved. Here are several considerations.
Last April Zionsville Town Council President Jeff Papa produced his plan for a Mayoral form of government. The plan involved the consolidation of the unincorporated part of Perry Township with the Town of Zionsville. To accomplish his goal, Mr. Papa claimed the Town of Zionsville was also a township thus it could consolidate with Perry under the State’s Modernization Act. His plan was approved with scant investigative inquiry by the Town’s Councilors. Many seemed unaware of the details.
June 10, 2014 the Department of Government Finance (DLGF) published its tax rates for Boone County Townships. There were 10 townships listed. The Town of Zionsville, former Eagle and Union Townships were not listed.
July 28, 2014, Papa, the town’s attorney and accountant, negotiated with the DLGF proffering what services the Zionsville would additionally offer to satisfy unresolved issues. Did the voters know about these agreements and what impact they would have on the referendum question? No.
October 3, 2014 the DLGF sent the Zionsville its official review of the referendum. It questioned the legality of the plan and clearly stated there were issues that had not been resolved.
October 7, 2014 Boone County Superior Court II ruled that Zionsville was not a hybrid Township/Town. The ruling rendered the vote on the referendum not moot but illegal.
The trial court’s ruling came down the day early voting began. As of November 4, 2014 the trial court’s ruling remains the law.
Papa as the President of Zionsville’s Town Council, used that position to address organizations and groups at every opportunity. He never faced any equal-time opposition before those various groups when he pushed the referendum. Papa encouraged everyone to vote on the referendum, despite the many unresolved DLGF and legal issues.
October 10, 2014, the Trial Court’s ruling was sent to Indiana’s Appellate Court. Mounting litigation fees are a significant taxpayer issue. Yet there was no public vote by Zionsville’s Town Councilors to approve that official action.
To use one’s official office so actively to advocate for a referendum that from October 7 through November 4 remains officially illegal is very questionable. The job description for the Town’s President states “ceremonial” representation before the public Yet Papa capitalized on his office to push the referendum and then claimed he spoke only as an individual. What a conundrum!
