City Water Task Force Proposed

City officials are expected to discuss the possible formation of a task force that would investigate the water utility.

The proposal was made by Councilman Roger Pennington during the Monday, March 11, meeting of the Salem Common Council.

Pennington said the task force’s aim would be to restore public confidence in the utility.

Pennington, reading from a prepared statement, proposed the adoption of an ordinance that would form the five-member “Task Force Clean Water” that would review the utility’s plant and water infrastructure.

The task force would be comprised of two council members and three community members: the community members would be city residents and could include residents who live within the two-mile fringe area. Residents must be water utility customers.

The task force would review personnel and their duties; infrastructure; water production costs; and rates, Pennington said. The task force would have at most three months to conduct the review before they report their findings and a proposal to the Council.

After reading the statement, Pennington made a motion to adopt the ordinance, which was seconded by Councilman Randy Lee Jr.

Mayor Justin Green said the proposed ordinance was unexpected as Jake Vissing, the city’s attorney, reviewed the language. Vissing said he wasn’t sure if the council – which does have investigatory power – is allowed under law to delegate investigatory power to a committee comprised of non-elected officials.

Of particular concern to Vissing was the proposed scope of the powers granted to non-elected officials to investigate personnel.

Pennington said he would like the Council to recess for 15 minutes to allow Vissing time to review state law. Vissing said he would need more time.

Vissing asked Pennington if he had consulted with legal counsel while drafting the proposal: Pennington said he himself had reviewed Indiana law. Vissing cautioned against making any quick moves without a full vetting of the proposal. Pennington said he remained confident in his research and reminded the council that his motion and Lee’s second meant they needed to vote.

Green said the ordinance contains several statements regarding personnel – which is under the purview of the city’s Board of Public Works and Safety, not the council. Pennington said the task force would focus on the employees’ duties, not make inquiries as to salaries. Green said again that more time was needed since Pennington’s proposal was unexpected.

Councilman Danny Libka said the proposal has merit, but added he would like to table the vote until Vissing could make sure it complies with Indiana law. Councilman Steve Crane said the council could consider it on Thursday, March 14, at a special called meeting that had already been scheduled.

Pennington refused to withdraw the motion to form the task force. A vote was held, with Pennington and Lee voting for it. Libka and Crane voted against it, so the motion failed.

Libka then made a motion to consider the proposal at the March 14 meeting. Crane seconded it. Pennington and Lee opposed it.

At the end of the meeting, it appeared the matter would be discussed against during the March 14 meeting.