Gibson on Summers on Stormwater: “The simplest answer is that it was an error on my part.”


Simplest, though not necessarily the most complete. Yesterday, a discrepancy was noted.

Stormwater Board: No paid city employees allowed, except for the one who is.

I asked city attorney Shane Gibson to explain, and he replied very quickly, for which I’m appreciative. However, it’s still a bit confusing.


Thanks for the opportunity to address your email, but as I understand you have already posted something to your blog. The simplest answer is that it was an error on my part. The Storm Water Board and the Sewer Board are both set up under the same Indiana authority. The former board member was on both the Sewer and the Storm Water Boards. When he stepped off the boards, I looked at the Sewer Board membership requirements in the City Ordinance. That Sewer ordinance states one member shall be the City engineer. I let our City engineer know this and his duties as required by the Ordinance. I didn’t, however, review or the pull the Storm Water board requirements for members and assumed they were the same since the two boards were established under the same Indiana authority. As I mentioned above, this was an error on my part. We will be taking the necessary actions to remedy this matter.

Shane L. Gibson
Corporate Counsel

Does this mean that Gibson advised the council to select Summers based on his own misreading of the ordinance? If so, through whom was the message conveyed? Paddy Mac? After all, according to the ordinance, it’s the council’s appointment — not the mayor’s …

(B) One member appointed by majority vote of the members of the Common Council, provided that the member shall be a registered professional engineer, and further provided that the member shall not otherwise be a paid or unpaid official or employee of the city. The member shall serve an initial term of two years;

… and the council’s attorney is Matt Lorch, not Gibson. If memory serves, the whole point of stipulating a non-employee on the board was to prevent this or any other mayor from having 2/3 control, with the city council wanting an independent board. Didn’t Gibson write the original storm water ordinance, or at the very least review it before it went to council back in ’06?

Maybe if someone on the third floor is reading, we can get a clarification. We know how seldom they … clarify.