Kevin S. Smith

A Tale of Two Mayors?

kpaul.mallasch — Thu, 3 Jan 2008 11:55:42 -0800

By Anonymous

This morning’s newspaper contained a lead story in which it was reported that outgoing Mayor Kevin Smith was refusing to step down from the position on the grounds that a lawsuit filed by several of his former administration officials challenging new Mayor Kris Ockomon’s residency must be decided before Ockomon can rightfully serve as Mayor.

This is the most outrageous and ludicrous political ploy I have ever witnessed in more than 50 years as an observer of the local political scene. Smith’s position has a modicum of constitutional credibility, but his egoistic demeanor in announcing that he would “not vacate” his role smacks of Machiavellianism and Narcissism. He would have been much better served, and his position much more acceptable in the public eye, had he simply stated that he would remain “available to serve the citizens of Anderson” should the lawsuit result in a declaration that disqualifies Ockomon.

Smith’s ambition to maintain control of city government appears to have become a personal obsession. In a truly Machiavellian fashion, he is grasping for any means possible through which he can retain power as mayor. His belief that he is the only visionary leader who can “save Anderson”, a view heavily conditioned by biased local media that supported his candidacy, is not only a position that was rejected by the voters but also a belief that reflects a frightening Narcissistic tendency. His behavior in this matter, and the behavior of his former administration officials who filed the lawsuit, should be cause for great alarm among local Republicans as to their party’s stability and its leadership’s ideals. The entire strategy reflects a failure of the Republican Party city committee’s leadership to responsibly perform its job prior to the election in November, a lack of respect among the strategies’ proponents for the political process and the voice of the people, and a definite lack of moralistic integrity among those who contrived and/or support such a disrespectful approach. The place for this type of fight was during the campaign, not after the election and certainly not on the day before the inauguration of the new mayor. The negative impact of this strategy will resonate throughout this community for many years to come and has adversely affected any chances Anderson may have had to attract new residents and new ventures.

For many of us Andersonians who are Republicans in principle, this is the most embarrassing moment we have experienced in the recent memory of local politics, and far more embarrassing than losing any election. The local news media, in particular the Herald-Bulletin and, most of all, WHBU radio, share heavily in the blame for this debacle. Their displays of overt bias in support of Smith’s candidacy and the idea of “visionary leadership” throughout the election campaign contributed to the current mindset that has led to this situation. Both media sources did not have the moral fiber to immediately and publicly accept the voters’ election-day rejection of their viewpoints and move forward in support of the community’s future interests. Such actions do not help achieve harmony and a common sense of purpose within the community.

If Anderson is to ever move forward again, it will require the presence of an unbiased and supportive media along with political parties that limit battle to campaign periods and afterward find a common ground for the good of the city.

A new Independent voter,
anonymous

Mayor Smith Urges Speedy Determination of Residency Question

kpaul.mallasch — Tue, 1 Jan 2008 18:15:34 -0800

ANDERSON, IN - Anderson Mayor Kevin S. Smith said a lawsuit challenging the eligibility and qualifications of Kris Ockomon to serve as the mayor should be settled as expeditiously as possible. The statement is based upon a lawsuit, filed by a group of five Anderson voters last week in Madison Circuit Court. The lawsuit maintains that Kevin S. Smith should remain in office pending the court's final ruling and challenges the eligibility and qualifications of Kris Ockomon to serve as the mayor of Anderson based upon statutory residency requirements.

"I strongly urge both Mr. Ockomon and the five residents who filed suit to make every effort to resolve this matter as expeditiously as humanly possible so that this matter can be put to rest and the citizens of Anderson can continue to build on the successes of the past four years," said Mayor Smith.

Mayor Smith said that after meeting with the attorneys for the five residents - experienced and recognized experts in the field of election law – he believes the question of Mr. Ockomon's eligibility and qualifications to be mayor based upon his residency deserves a full hearing in a court of law.

Mayor Smith said that attorneys for the five residents believe that according to Article 15, Section 3 of the Indiana Constitution, Kris Ockomon has failed to meet the statutory residency requirements to be the mayor of Anderson and is not qualified to be the mayor. The pertinent statute reads as follows:

"Whenever it is provided in this Constitution, or in any law which may be hereinafter passed, that any officer, other than a member of the General Assembly, shall hold office for any given term, the same shall be construed to mean, that such officer shall hold his office for such term, and until his successor shall be haven elected and qualified."

Mayor Smith said the attorneys who filed the suit on behalf of the five Anderson residents further advised him that the Indiana Supreme Court has held as follows:

"When the elective term ends and no qualified person has been elected and qualified to take over the duties of the office, the person holding the office at the end of the elective term has a right and a duty, commanded by Art. 15, Section 3 (of the Indiana Constitution) to hold the office and discharge its duties until his successor shall have been elected and qualified. This service is not a part of his elective term, but is a constitutional term granted to avoid a vacancy – and to assure an ever-continuing government in any and every emergency."

Said Mayor Smith, "Given the obvious potential for a vacancy in the office of mayor based upon the lawsuit which has been filed, and given my constitutional duty to remain in office, I am today announcing that I have not and will not be surrendering the office of mayor pending a determination by the courts as to whether Kris Ockomon is or is not qualified to be the mayor of Anderson. In the meantime, I will be cooperating with Mr. Ockomon to every extent possible to expedite a determination by the courts."

Mayor Smith said he has been advised by attorneys for the residents who have filed suit that they tried in vain over the weekend to serve Mr. Ockomon with a subpoena to take his deposition so that this matter could proceed with all due haste.

Source: City of Anderson Press Release

Smith Administration Grants Approach $25 Million

kpaul.mallasch — Sat, 22 Dec 2007 18:15:10 -0800

ANDERSON, IN - Anderson Mayor Kevin S. Smith has received notice of three end-of-year awards totaling nearly $3.3 million. Approval of those awards will bring the city’s four-year grant totals to nearly $25 million.

On Tuesday, Congress passed a federal spending bill that included $2.479 million for Anderson - $400,000 for an intermodal transportation facility and $2.079 million for reconstruction and realignment of the White River levee in downtown Anderson.

Chad Pigg, interim director of Community Development and Long Range Planning, received notice that the Indiana Finance Authority had awarded Anderson $449,674 in Brownfield grants. The funds include $49,674 for assessment of the former EMGE plant at 2000 West 8th Street and $400,000 to complete remediation of the former F.C. Cline Lumber site on Main Street adjacent to the Truman Bridge.

Peter Heuer, general manager of the City of Anderson Transit System, was notified that two new grants have been awarded, totaling $236,130. $58,070 of those funds are dedicated for the creation of a seventh bus route from the downtown to the Flagship, including Nestle, Affiliated Computer Services, Central Indiana Orthopedics and other businesses at I-69 Exit 22. The remaining $178,060 will fund two final new Nifty-Lift vehicles.

Federal Earmarks - $10,829,000 total - Since 2004, the city’s Washington, D.C. lobbyists, the Ferguson Group, have helped to bring in $10.829 million in federal funds, including $4 million for reconstruction of Enterprise Drive in the Flagship Business Park, $1 million for a preliminary engineering and environmental impact studies of a railroad over/underpass at 38th Street and King Boulevard, and $2 million for an Anderson University campus streets project. In addition, $250,000 funded the city’s fiber optic initiative and another $250,000 went to the Flagship Enterprise Center.

Brownfield Assessment and Remediation - $2,079,674 total - Since 2004, major Brownfield eyesores have been razed thanks to federal and state grants, including the former Prime Battery site at 3rd and Jackson, and the former F.C. Cline Lumber structure. The $1,079,674 has paid for environmental assessments and cleanup in other areas of the city. A revolving loan fund also contributes $1 million.

City of Anderson Transit - $3,367,130 total - In 2007, some $2,967,130 in matching grants have paid for complete replacement of the city of Anderson transit fleet, including buses, Nifty Lift vehicles and supervisor vehicles. Included in that amount is an increase in the city’s federal operating grants, from $450,000 in 2004, to $1,095,000 in 2007. Progress has been made toward funding of a new intermodal facility that would replace the downtown CATS terminal.

White River Trails - $1 million total – The state funds are paying for new trails that will extend west from the Truman Bridge along the White River.

Weed and Seed - $1 million total – Many city departments, as well as community groups, worked to complete a successful 5-year grant that will implement the proven crime prevention and urban renewal strategy in Anderson.

Anderson Fire Department - $100,000 total – A grant from Indiana Homeland Security will generate the funds for construction of a classroom in connection with the Anderson Fire Department’s new training center on King Boulevard.

Federal Highway Funds – Over $6 million in federal appropriations through the Indiana Department of Transportation has been received toward street projects since 2004, such as the King Boulevard upgrade.

Source: City of Anderson Press Release