STATE 0F INDIANA ) IN THE BOONE SUPERIOR COURTI ) ss: COUNTY 0F BOONE ) CAUSE No. 06D01—2103—PL—000334 EMILY STYRON, Mayor of the Town of Zionsville Plaintiff V. BRAD BURK, ALEX CHOI, JOSEPH CULP, JOSH GARRETT CRAIG MELTON, JASON PLUNKETT and BRYAN TRAYLOR, Town Council of Zionsville, Indiana Defendants VVVVVVVVVVVVV JAMES C. VANGORDER Intervenor/Counter-Plaintiff V. EMILY STYRON, Mayor of the Town of Zionsville Counter—Defendant Vvvvvvvv DETERMINATION AS TO AUTHORITY CONCERNING THE EXERCISE OF EXECUTIVE POWER On June 3, 2021, this matter is before the Court on cross—motions for summary judgment filed by the Mayor of the Town of Zionsville and the Zionsville Town Council. Intervenor, James VanGorder, the Fire Chief, joins in the motion filed by the Town Council. The Mayor has filed a Complaint for the Determination of Powers. The Mayor asserts that a dispute has arisen over whether the Mayor has the authority to demote the Chief 0f the Fire Department (or the Chief of Police) to their last merit rank prior to the appointment as Chief. The Town Council asserts that Town Council approval is required before a Fire Chief can be demoted. Uncertainty exists concerning the executive power proposed to be exercised and pursuant to LC. 36-4-4-5, the Mayor and the Town Council are before the Court for a determination on cross-motions for summary judgment. Under LC. 36-4—4—5(d) this Court is charged with determine the matters set forth in the petition and to affix the responsibility for the exercise of the power, unless the Court determines that the power 0r duty does not exist. The Court heard arguments and took the motions under advisement. Duly advised in all premises, the Court now FINDS and CONCLUDES that there is no genuine issue of material fact and the Town Council is entitled to and the Court now GRANTS summary judgment as a matter of law in favor of the Town Council and against the Mayor of the Town of Zionsville 0n the Mayor’s Complaint. It is therefore DETERMINED as follows: (1) The Mayor 0f the Town Zionsville does not have the authority to demote a department head such as the Fire Chief or Chief of Police, because the same is the equivalent of discharging a department head and for the Mayor of the Town of Zionsville to lawfully exercise that authority, the Mayor must have the approval of a maj ority of the Town Council pursuant to paragraph ZR2A24 of the 2014 Town of Zionsville Reorganization; (2) Action by the Mayor of Zionsville in the nature of supervising a department head or directing executive policy which stops short 0f removing core management authority from a department head is not prohibited; and (3) The action taken by the Mayor in the manner by which the Fire Chief s core authority has been removed, which continues] at this time, exceeds the authority of the Mayor under the 2014 Reorganization. I Remaining yet on the Court’s calendar, currently set July 1-2, 2021 is the Intervenor’s request for an injunction. At this time, it appears that a controversy remains between the Mayor and the Fire Chief. Should it come to pass that the Fire Chief‘s job responsibilities are changed to restore the core functions of a head of a municipal fire department, such as the same or substantially similar to those as existed before March of 2021, then the question may arise as to whether the Fire Chiefs request for injunctive relief might then be moot. SO ORDERED this 4th day of June, 2021. ¢M? gyfrTHEW C. KINCAID DGE, BOONE SUPERIOR COURTI Distribution Via Odyssey