Wednesday, February 24, 2016

Indiana Court Of Appeals Declares Covanta Contract Void

Remember that contract the Ballard administration entered into with Covanta to build a $45 million waste recycling facility without any public bidding requirement? The Indiana Court of Appeals reversed a decision of the Marion Superior Court dismissing a public interest lawsuit contesting its legality. The Court of Appeals found the contract failed to comply with public bidding requirements set out in Indiana law and exceeded the 40-year length of duration set out in state law for contracts, rendering it void.

Mayor Joe Hogsett recently announced he was suspending the contract, more than likely because Covanta figured out the contract wasn't financially viable for its continued operations. Unfortunately, Mayor Hogsett is making no effort to have the illegal and corrupt contracts entered into with Vision Fleet and Blue Indy declared void, both of which royally screw over Indianapolis taxpayers. You can read the Court of Appeals decision by clicking here.


Anonymous said...

What was so difficult about this matter that Cynthia J. Ayers could not understand?

Anonymous said...

If only the City County Council had the guts, decency, and concern for the taxpayers when it came to standing up to a lawless arrogant emperor mayor and his crony deals we call Vision Fleet and Blue Indy.


Anonymous said...

Again, the Indianapolis Star is a Johnny-come-lately on this story. I guess now they find it useful to go after the Ballard Administration. So much for the fourth estate.

Anonymous said...

Then I would guess that the 50 year parking meter contract would also be void.

Anonymous said...

August 13, 2014 Indianapolis Board of Public Works minutes ITEM #4 OTHER BUSINESS:

"Mr. Bloede made a motion, seconded by Mr. Garrett, to rescind the Covanta contract. He stated that the Covanta contract was awarded by the board on August 6th and did not comply with Indiana Code 36-9-31-4, as it refers to contract awards and amendments; RFP (Request for Proposal); public notice, and a board resolution, which outlines certain findings relevant to the factors set forth to the statute.

Director [Lori] Miser mentioned that a motion was made and seconded and asked if legal would respond.

Alex Beatty, Office of Corporation Counsel [now with Faegre Baker Daniels] explained that the Covanta contract did not require a RFQ because the contract was amended and awarded. In fact, he mentioned that the provision did not require a RFP or a public hearing notice to be given. Upon a motion by Mr. Bloede, seconded by Mr. Garrett, the motion to rescind the Covanta contract failed 4-2."

Board approval of the Covanta contract would have been rescinded, if not for the efforts of Director Lori Miser and Corporation Counsel Alex Beatty.

Thankfully, the Court of Appeals of Indiana is willing to uphold the law.