Mayor Gregory Ballard v. Lewis

• Decision Date: 07 May 2014
• Docket Number: No. 49S00–1311–PL–716.,49S00–1311–PL–716.
• Citation: 8 N.E.3d 190
• Parties: Mayor Gregory BALLARD, Appellant (Intervenor below), v. Maggie LEWIS, John Barth, and Vernon Brown, Appellees (Plaintiffs below).
• Court: Indiana Supreme Court

8 N.E.3d 190

Mayor Gregory BALLARD, Appellant (Intervenor below),

v.Maggie LEWIS, John Barth, and Vernon Brown, Appellees (Plaintiffs below).

No. 49S00–1311–PL–716.

Supreme Court of Indiana.

May 7, 2014.

David M. Brooks, Andrew P. Seiwert, Corporation Counsel, City of Indianapolis, Indianapolis, IN, Attorneys for Appellant.

William R. Groth, Geoffrey S. Lohman, Indianapolis, IN, Attorneys for Appellees.

Gregory Bowes, Indianapolis, IN, Attorney for Amicus Curiae Common Cause Indiana.

On Emergency Transfer Pursuant to Indiana Appellate Rule 56(A)

PER CURIAM.

The Redistricting Statute for Marion County assigns the task of redrawing the County's legislative districts to the judiciary if the County's legislative and executive branches become deadlocked over required redistricting. Peterson v. Borst, 786 N.E.2d 668, 672, 676 (Ind.), reh'g denied,789 N.E.2d 460 (Ind.2003). In the case before us the Indianapolis Marion County City–County Council and Mayor Gregory Ballard agreed on an ordinance dividing the County into legislative districts, and the legal question is whether that was done too early to satisfy the Redistricting Statute. A divided panel of trial court judges answered that question “yes” and then drew new legislative districts. We hold that because this case does not present a redistricting impasse that requires judicial intervention, Mayor Ballard is entitled to summary judgment. Accordingly, we reverse.

Facts and Procedural Background

In the fall of 2011, the majority of the City–County Council (“Council”) were members of the Republican Party, as was Mayor Ballard. An election for the Council's twenty-nine seats ¹ occurred on November 8, 2011. In that election, members from the Democratic Party were elected to a majority of seats on the Council and thus would become the Council's majority upon being sworn into office on January 1, 2012. The Plaintiffs in this action—Councillors Maggie Lewis, John Barth, and Vernon Brown (together “Councillor Lewis”)—were either elected or re-elected to the Council in that 2011 election, and all three are members of the Democratic Party.

On November 22, 2011, Mayor Ballard signed an order establishing new precinct boundaries for the County. On December 5, 2011, Council President, Ryan Vaughn, introduced Proposal 353, 2011 (“Proposal 353”) to the Council. Proposal 353 was a plan to reconfigure the twenty-five districts for elections to the Council beginning in 2015, using the precinct boundaries established in the Mayor's November 22, 2011 order and data from the 2010 federal decennial census. After conducting four public hearings the Council's Rules and Public Policy Committee forwarded Proposal 353 along to the full Council.

On December 19, 2011, the Council voted to approve Proposal 353 by a vote of fifteen to fourteen, with all fifteen Republican Councillors voting for the Proposal and thirteen Democratic Councillors and one Libertarian Councillor voting against the Proposal. On the same day, Councillor Vaughn signed Proposal 353 as Council President. Proposal 353 was renamed “Ordinance 61, 2011” (“Ordinance 61”). On December 22, 2011, Ordinance 61 was presented to Mayor Ballard who approved and signed the Ordinance on January 1, 2012.

Later in 2012, the Council, then with a majority of Democratic members, approved an ordinance that would have established different Council districts. All sixteen Democratic Councillors voted for that ordinance, and all thirteen Republican Councillors voted against it. Mayor Ballard vetoed that ordinance in December 2012. The Council did not vote to override the veto, so that ordinance did not become law.

In February 2013, Councillor Lewis filed a complaint against Mark A. Sullivan, Patrick J. Dietrick, and Beth A. White, each in his or her official capacity as a member of the Marion County Election Board (“MCEB”). The complaint sought a declaration that Ordinance 61 failed to comply with the “temporal parameters” of Indiana Code section 36–3–4–3, the Redistricting Statute for Marion County (“Redistricting Statute”). Specifically, the complaint alleged that with Ordinance 61, the Council divided the County into districts in the year 2011, rather than during the year of 2012 as required by the Statute. The complaint also asked the court to enjoin the MCEB and anyone else from using the districts established in Ordinance 61 to conduct the 2015 municipal elections. In addition, Councillor Lewis urged the court to draw new districts for the County.

The court granted Mayor Ballard's request to intervene as a defendant, and Mayor Ballard and members of the MCEB filed an answer to the complaint. Mayor Ballard moved for summary judgment, and Councillor Lewis moved for partial summary judgment. The parties filed a joint stipulation of facts with exhibits. Responses to the summary judgment motions were also filed. A five-member trial court then held oral argument on the competing summary judgment motions.

On July 17, 2013, three of the five trial court judges hearing this case joined in an order denying Mayor Ballard's motion for summary judgment and granting Councillor Lewis' motion for partial summary judgment. The order declared that with Ordinance 61, the Council “divided the county by ordinance on December 19, 2011,” not during 2012 as required by the Redistricting Statute; the order concluded that although Ordinance 61 was a validly-enacted ordinance, it failed to satisfy the requirement for “mandatory redistricting” during 2012. (Appellant's Appendix (“App.”) at 212–16.) Two judges dissented and wrote that Councillor Lewis' claims should be dismissed because Ordinance 61 complied with the Redistricting Statute's requirement for redistricting in 2012.

On August 26, 2013, the trial court issued a final judgment that, with the assistance of a master, divided the County into twenty-five new Council districts. The final judgment also ordered payment of the master's $6,000 fee. ² Three judges concurred in the final judgment, and two judges continued to dissent on the merits of the case. (App. at 238.)

Mayor Ballard appealed and requested transfer pursuant to Appellate Rule 56(A). This Court granted transfer and assumed jurisdiction over this appeal. The parties filed briefs and presented oral argument to this Court. Common Cause Indiana filed a brief of amicus curiae substantively aligned with Councillor Lewis.³

Standard of Review

The standard of review for a partial summary judgment is the same as that used in the trial court: summary judgment is appropriate only where the evidence shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Allen v. Great American Reserve Ins. Co., 766 N.E.2d 1157, 1161 (Ind.2002). Where the challenge to the trial court's summary judgment ruling presents only legal issues, not factual ones, the issues are reviewed de novo. Robertson v. B.O., 977 N.E.2d 341, 343 (Ind.2012). Similarly, a question of statutory interpretation is subject to our de novo review. Pinnacle Prop. Dev. Grp., LLC v. City of Jeffersonville, 893 N.E.2d 726, 727 (Ind.2008).

Discussion

Mayor Ballard's primary appellate argument is that because Ordinance 61 met the Redistricting Statute's requirement for redistricting during 2012, the trial court erred by awarding Councillor Lewis partial summary judgment, denying his motion for summary judgment, and later redistricting the County.

The version of the Redistricting Statute applicable here reads, in part:

The city-county legislative body shall, by ordinance, divide the whole county into twenty-five (25) districts that:

(1) are compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);

(2) contain, as nearly as is possible, equal population; and

(3) do not cross precinct boundary lines.

This division shall be made during the second year after a year in which a federal decennial census is conducted and may also be made at any other time, subject to IC 3–11–1.5–32.

Ind.Code § 36–3–4–3(a) (2007 Replacement Vol.) (emphasis added).⁴ The statute further provides, “If the legislative body fails to make the division before the date prescribed by subsection (a) or the division is alleged to violate subsection (a) or other law, a taxpayer or registered voter of the county may petition the superior court of the county to hear and determine the matter.” I.C. § 36–3–4–3(d). The statute also declares that the trial court “shall hear and determine the matter as a five (5) member panel of judges from the superior court” and provides for selection of the five-member panel. Id. In the action, the trial court “may appoint a master to assist in its determination and may draw proper district boundaries if necessary.” Id.

The parties and trial court agree that for purpose of this case the second year after a year in which a federal decennial census is conducted means 2012. And they refer to the “division” that “shall be made” during 2012 as “mandatory redistricting” and to the “division” that “may also be made” at other times as “permissive redistricting.” They disagree, however, whether Ordinance 61 constitutes mandatory redistricting during 2012.

Clear and unambiguous statutes leave no room for judicial construction, but when a statute is susceptible to more than one interpretation, it is deemed ambiguous and is thus open to judicial construction. Thatcher v. City of Kokomo, 962 N.E.2d 1224, 1227 (Ind.2012). Where there is ambiguity, courts resort to the rules of statutory construction so as to give effect to the General Assembly's intent. Adams v. State, 960 N.E.2d 793, 798 (Ind.2012).

Here, ambiguity arises from the statutory requirement that the Council “by ordinance, divide” the County into legislative districts and that the “division” be made “during” 2012.

Mayor Ballard argues the trial court erred by concluding the Council divided the County by...