News release from Fort Wayne City Councilman Tim Pape:
Indiana Attorney General’s opinion: Proposed contractor ordinance is invalid
(August 5, 2011) – This afternoon, the Office of the Attorney General provided Senator Wyss with his requested opinion as to the validity of the proposed ordinance, seeking to regulate contractor-contributions. The Attorney General’s Office concluded that the ordinance is an invalid attempt to regulate conduct which is already regulated by a state agency — in other words, the ordinance, if enacted, would be illegal and unenforceable.
“This opinion from the Attorney General’s Office confirms what we have long known: the proposed ordinance is in fact invalid, illegal and unenforceable,” said Councilman Tim Pape. ” I would like to thank Councilman Didier and Senator Wyss for their assistance in requesting this opinion, and protecting Fort Wayne residents from wasting tax dollars defending the ordinance in court.”
“The most dangerous act any government can take is to grab power it does not have,” said Pape. “The law is clear and has been from the beginning. Both the Indiana Election Board and now the Attorney General have independently concluded this ordinance is not within our power. The Council Members who have supported this ordinance, rather than their oath of office to the law, have ignored the law, breaking the trust of those they serve. I am confident that the majority of members will now defeat this ill-conceived and illegal ordinance. However, Councilwoman Brown should withdraw it and allow Council Members to turn their full attention to serving citizens on matters within our authority.”