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Council votes to sue city over electric car contract

INDIANAPOLIS (WISH) – City-County Councilors voted Monday night to sue the city over a controversial electric car contract.

The $32 million contract was announced in 2014 and included 425 electric cars from Vision Fleet to be used by the city.

Mayor Greg Ballard touted the program as a success and one that saves taxpayer money.

But critics on the council argue some of the cars don’t fit the needs of the police department and claim the contract is illegal because the city administration didn’t follow the proper policies and statutes to approve the deal.

On May 28, the Marion County Auditor sent a letter to the council saying the Ballard administration may have illegally moved almost $300,000 from the storm water fund to make a payment on the fleet.

The mayor’s office responded to the claim in a statement last week:

In 2014, the Vision Fleet program was fully-funded in DPW as part of the adopted City-County budget. After expenses from severe weather in early 2014 strained DPW’s operations budget, funds appropriated for the Vision Fleet program were reallocated. In November 2014, DPW sought an appropriation to close the gap created by their severe weather response and to make a contractual payment to Vision Fleet. A Council committee struck that funding provision from the ordinance, and with little time remaining in the calendar year, the DPW finance team used an interfund loan from the Stormwater Fund to meet the department’s financial obligation. The process should have been reviewed by the Council but was not. As of May 27, 2015, the expense is reflected in the correct DPW fund.

“I am one councilor that is fed up,” said Councilor Aaron Freeman, a Republican who represents district 25. “I’m tired. Look, there’s a time that good lawyers say ‘Try to work this out,’ and then there’s a time that good lawyers say ‘It’s time to go.’ And in my opinion ladies and gentleman, it’s time to go.”

In a public letter, Vision Fleet CEO Michael Brylawskilawski urged councilors not to file a lawsuit.

Unfortunately, there have been some recent concerns raised about the process surrounding the contract and whether the cars are being matched up with the right drivers. Let me be the first to say, as CEO of the company providing this service to the city, that we want to make sure all of those problems are solved so this successful program can continue. Since we became aware of these issues, we’ve been diligently working with key stakeholders to make sure everyone has a voice in the conversation as we move forward. A handful of elected officials have suggested that the only way to resolve these concerns is in court. We respectfully disagree. We’re engineers, not politicians, and we believe every problem is solvable without costly litigation that could result in the disruption of this successful program.

After nearly an hour of debate, councilors voted 23 to six to approve the resolution to:

Seek any and all relief, including preliminary and permanent injunctive relief and a declaratory judgement that the contract was void from its inception and/or is otherwise voidable, illegal and unenforceable.

Vision Fleet spokeswoman Jennifer Wagner said she remains hopeful.

“The city has represented that this is a legal contract,” she said. “We have no reason to believe this is not a legal contract. We’re still really optimistic that people can get together and talk this through although tonight’s vote makes that a little more difficult.”

Mayor’s Office statement in response to vote:

The Council voted to fully fund Freedom Fleet in 2014. And in 2015 – after the program has operated successfully for a year – a group of councillors who have refused to talk through concerns about the program are instead working to dismantle it through costly litigation. This evening’s vote to sue the administration in an attempt to halt Freedom Fleet is irresponsible and misguided. When one branch of government sues another, taxpayers are harmed. We believe we have a legal contract and intend to continue fleet operations without interruption.