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Councilors, Clerk File Suit Against Clay - Part 2


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Several members of the Indianapolis City-County Council, as well as the city-county council clerk who was fired last week by Council President Stephen Clay, are taking him to court.

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Councilors, Clerk File Suit Against Clay - Part 2

  1. 1. 1 STATE OF INDIANA ) IN THE MARION SUPERIOR COURT ) SS: COUNTY OF MARION ) CAUSE NO. ZACHARY ADAMSON, JARED EVANS, ) MAGGIE LEWIS, FRANK MASCARI, ) JEFF MILLER, WILLIAM OLIVER, ) VOP OSILI, CHRISTINE SCALES, ) each members of the Indianapolis-Marion County ) City-County Council; and ) NATRINA S. DEBOW, Clerk of the Council, ) ) Plaintiffs ) ) v. ) ) STEPHEN CLAY, President of the ) Indianapolis-Marion County City-County Council, ) ) Defendant. ) MOTION FOR TEMPORARY RESTRAINING ORDER Come now Plaintiffs, by counsel, and hereby request that a temporary restraining order with notice be entered. In support of this motion, Plaintiffs state as follows: 1. Plaintiffs adopt and incorporate the allegations set forth in their Verified Complaint for Declaratory Judgment, Mandate and Injunctive Relief filed contemporaneously. 2. The Plaintiffs herein who are members of the Council will be irreparably harmed in their ability to perform their functions as public officials if the Court fails to grant emergency injunctive relief. As Filed: 2/8/2018 9:04 AM Myla A. Eldridge Clerk Marion County, Indiana 49D06-1802-PL-005209 Marion Superior Court, Civil Division 6
  2. 2. 2 explained in their Verified Complaint (at paragraphs 22-24), without the assistance of the duly-appointed Clerk and independent general counsel/parliamentarian, the Council cannot conduct the public’s business, thus doing irreparable harm to the public interest and requiring the intervention of this Court to restore the status quo ante pending a final ruling on the merits of Plaintiffs’ claims. 3. Moreover, by impeding and obstructing the legally-appointed Clerk’s ability to perform the legal responsibilities set forth by Indiana Law and the Indianapolis-Marion County Municipal Code (“Code”), Defendant Clay’s actions are jeopardizing the legal validity of any such functions were those functions to be conducted by a person other than Clerk DeBow, if they are performed at all. 4. Notice of the filing of Plaintiffs’ Verified Complaint and Motion for Temporary Restraining Order was provided to Defendant Clay on this 8th day of February, 2018, by leaving a copy at the Council’s office located on the second floor of the City-County Building. 5. Plaintiffs request that no bond be required. However, should the Court determine that some bond be required, they respectfully request, given that Defendant Clay will suffer no damages should a
  3. 3. 3 temporary restraining order be entered, that Plaintiffs be required to post only a minimum bond of $500.00 or less.1 WHEREFORE, Plaintiffs respectfully request that the Court grant Plaintiffs’ request for a temporary restraining order, and (1) temporarily restrain and subsequently preliminarily enjoin Defendant Clay and all those acting in concert with him from taking any actions to prevent Clerk DeBow or the Council’s general counsel Fred Biesecker from performing their legal duties such as by denying each unrestricted access to their respective offices on the Second Floor of the City-County Building, and to the computer and other office equipment each needs to perform their legal functions; and (2) grant Plaintiffs DeBow and Councilors any other or further relief the Court deems necessary to restore the status quo ante that existed prior to Defendant Clay’s illegal and ultra vires terminations of Clerk DeBow and general counsel Biesecker on January 31, 2018. 1 Other than the Council’s general counsel, only the Clerk can sign contracts for legal representation of the Council. See, I.C. § 36-3-4-8.5.
  4. 4. 4 Respectfully submitted, /s/Karen Celestino-Horseman /s/ William R. Groth Karen Celestino-Horseman William R. Groth Atty. #15762-49 Atty. #7325-49 Of Counsel, Austin & Jones, P.C. Fillenwarth Dennerline Groth & 22 E. Washington St., Ste. 620 & Towe, LLP Indianapolis, IN 46204 429 E. Vermont St., Ste. 200 Tel: (317) 632-5633 Indianapolis, IN 46202 Fax: (317) 630-1040 Tel: (317) 353-9363 E-mail: Fax: (317) 351-7232 E-mail: /s/Octavia Florence Snulligan Octavia Florence Snulligan Atty. #23995-29 26 W. Washington St. Indianapolis, IN 46204 Tel: (317) 210-2950 Fax: Counsel for all Plaintiffs