Town Council Delays Conflict of Interest Vote

(posted May 30)

The Speedway Town Council voted 5-0 to postpone the vote on the Redevelopment Commission's uniform conflict of interest disclosure until June 11.

"It is news to me," Councilman Dean Farmer said. Farmer explained he did not receive the information until Friday (May 25 ) and had not been able to review it over Memorial Day Weekend.

Councilman Gary Raikes also wanted more time to review the disclosure that allows SRC President Scott Harris to serve as a part-time independent contractor with executive director status. The SRC members passed the disclosure at the May 21 meeting, but they need the final blessing from the council in order to comply with IC 35-44-1-3. The town council has accountability in the matter because they appoint the SRC members.

Public officials who fail to file a conflict of interest disclosure could face a "D" Felony charge if caught. Harris' fee is not to exceed $55.00 per hour. Although not stated in the SRC meeting because the negotiations were incomplete, SRC member Ron Fisher said Harris would only be working 20 hours a week. Fisher noted there is discussion to make this a temporary position of 90 days. This would calculate to about $13,200 for the three month period.

The Speedway Navigator raised concerns with the issue because it is not clearly defined when Harris is acting as SRC President and when is he serving as a contractor. The provision that would allow Harris to enter into contracts as an independent contractor would only require approval from two commissioners. This could circumvent the open door law. The SRC could enter into contracts without a need to hold a public meeting.

According to Indiana Public Access Counselor Karen Davis, Harris cannot divest himself from his commissioner status to act an a consultant that represents public business.

"They cannot pretend that a quorum doesn't exist," she said. It would require a public meeting to make decisions. The open door law requires 48 hour notice to conduct public meetings.