Democrats File Ethics Complaint Against Ballard

Fox59 News' Russ McQuaid had the scoop tonight on an ethics complaint the Marion County Democratic Chairman Ed Treacy filed against Mayor Greg Ballard for giving free use of an IMPD police car to a friend and political contributor to aid in security at his private golf course. The complaint alleges that Mayor Ballard personally requested the IMPD car be furnished to golf course owner Dave Bego. I'm sure many will get a big kick out of the idea of Treacy, a long-time lobbyist, filing an ethics complaint against a politician. Mayoral spokesman Robert Vane reacted angrily to Treacy's complaint, claiming the mayor had nothing to do with the decision to place the car at the golf course. Here's the text of the complaint which was posted at the Indianapolis Times blog:


COMPLAINT FOR VIOLATION OF
STANDARDS OF ETHICAL CONDUCT

I. THE PARTIES

A. Mayor Gregory A. Ballard

1. Gregory A. Ballard (“Ballard”) is Mayor of the Consolidated City of Indianapolis and Marion County (“City”), an official for purposes of the Ethics Code of the Consolidated City and County, Revised Code Section 293-101 et seq. (“Ethics Code”).
2. As Mayor, Ballard appoints the director of the department of public safety “Director”). Revised Code of the Consolidated City of Indianapolis and Marion County
(“Revised Code”), Section 251-211.
3. In turn, the Director appoints the Chief (“Chief”) of the Indianapolis Metropolitan Police Department (“IMPD”).
4. Because of his appointment power, Ballard exercises authority and control over the affairs of IMPD.

B. Dave Bego

5. Dave Bego, of 8071 Knue Road, Indianapolis, Indiana (“Bego”), is owner of
Maple Creek Golf and Country Club, Inc., located at 10501 E. 21st Street, Indianapolis, Indiana, 46250 (“Golf Club”). See “City of Indianapolis/ Marion County Property Information & Tax Payment System” report, attached hereto as Exhibit A.

II. THE ETHICS COMMISSION

6. The Ethics Code establishes the city-county ethics commission (“Ethics
Commission”) to promptly resolve matters within its jurisdiction. Revised Code Sec. 293-331.
7. This matter, a violation of the Ethics Code within the prior two years by an
official, Gregory A. Ballard, is within the Ethics Commission’s jurisdiction. Revised Code Sec. 293-334.
8. A violation of the Ethics Code “shall be subject to the enforcement procedures
and penalties” set forth by Revised Code Section 103-3. Revised Code Sec. 293-402(c).
9. A person who has violated the Ethics Code “shall be fined, by way of a penalty
therefore, an amount not exceeding any limitation under IC 36-1-3-8 for each such violation, act or omission,” and may be subject to an injunction by the city. Revised Code Sec. 103-3

III. FACTS

10. On October 8, 2007, Dave Bego donated Nine Hundred Ninety Dollars ($990) to
Ballard’s campaign committee, the Greg Ballard for Mayor Committee (“Political Action
Committee”). See CFA-4 Schedule A-1, filed with Marion County Circuit Court Clerk on
October 19, 2007, attached hereto as Exhibit B.
11. Bego recently told Ballard that the Golf Club is a frequent victim of car break-ins.
12. Within a short period thereafter, Ballard caused IMPD to provide Bego and the
Golf Club a marked IMPD police cruiser to park and operate at the Golf Club as a security measure.
13. For about a month during September and October 2009, Bego and his Golf Club
maintained exclusive possession and control of the marked IMPD police cruiser.
14. Only after a news report by reporter Russ McQuaid was aired by Fox59
Indianapolis did IMPD recall its marked police cruiser. News report available online at
http://www.fox59.com/news/wxin-police-car-controversy-102209,0,7304522.story (last visited October 27, 2009).

III. VIOLATION OF STANDARDS OF ETHICAL CONDUCT

15. The goals of the Ethics Code are expressly stated:
(1) Duties should be carried out impartially;
(2) Decisions and policy should not be made outside of proper
channels of city and county government;
(3) Public office should not be used for private gain; and
(4) Actions, transactions, or involvements should not be
performed or engaged in which have the potential to become a
conflict of interest.
Revised Code Section 293-101(c).
16. Article II of the Ethics Code sets forth specific standards of ethical conduct.
Revised Code Section 293-201 et seq.
17. Revised Code Section 293-213 states, “An official . . . shall not use city or county
property or personnel for any purpose other than for official city or county business.”
18. By allowing Mr. Bego, a campaign contributor, to exercise exclusive possession
and control of the marked IMPD police cruiser for about a month and simultaneously preventing the marked IMPD police cruiser from being used for official police business or maintenance and repair, Ballard used city property for private business in violation of Revised Code Section 293-213.
19. Ballard’s use of the marked IMPD police cruiser for private business also violates the goals of the Ethics Code.
a) Ballard’s use reveals a lack of impartiality in carrying out his duties. Of all of the victims of crime within the Consolidated City of Indianapolis and Marion County, only one – a campaign contributor – was allowed exclusive possession and
control of a marked IMPD police cruiser.
(b) Ballard’s decision to use the marked IMPD police cruiser was made outside the proper channels of city and county government, and barred its use for official police business.
(c) Ballard’s decision to use the marked IMPD police cruiser allowed the office of the Mayor to be used for the private gain of a campaign contributor.
(d) Ballard’s interests are conflicted by allowing a campaign contributor to maintain exclusive possession and control over property of the city and county, purchased from public funds,instead of committing such property to its intended purpose of preventing crime.

WHEREFORE, the undersigned respectfully requests that the Ethics Commission
determine that Respondent, Gregory A. Ballard, violated the Ethics Code and subject him to the enforcement procedures and penalties prescribed by the Ethics Code, including a fine and an injunction under Revised Code Section 103-3.

RESPECTFULLY SUBMITTED,
Edward Treacy