Was Ike Right?
Indianapolis City-County Council Member Ike Randolph may face a censure from the full Council for abstaining to vote on the last week’s public safety tax. During the somewhat heated exchange, Randolph told the Council he was abstaining because the tax increase would fund his pay raise negotiated in the most recent fire fighter contract. City attorney Kobi Wright told Randolph that even though the money was being used for raises for police and fire fighters, since it was not expressly written in the ordinance there was no conflict. Randolph still refused to vote and Council President Monroe Gray ordered staff to look into censuring Randolph.
I got a copy of some of the Council’s rules. Under Sec. 151-52 Roll Call Votes. Subsection (b)(4) that deals with abstentions it says the following…
“(4) Whenever, because of personal, business or financial relationships potentially affected by any matter pending before the council, a councilor believes that his participation in the matter might cause an appearance of impropriety even though there is not a disqualifying interest under section (b), such councilor shall disclose such relationship and may request to abstain from any vote on such matters. The presiding officer shall permit such abstention.” (emphasis added)
This goes to an old subject in law school regarding the difference between the words “may” and “shall.” “May” is a permissive term while “shall” is seen as more directive. Looking at the language of the section I would argue a councilor has a duty to disclose if they may receive a benefit from an ordinance and they may request an abstention. In addition, the presiding doesn’t have a choice but to allow the abstention, because the language says the presiding officer “shall permit such abstention.”
The language seems pretty clear. If a Council member thinks they have a conflict of interest they can abstain and the Council President has to allow it, regardless of party. I’ll be interested to see where the debate goes from here. The language seems pretty black and white and not gray.
