The dispute over whether Mayor Dan Canan has the authority to make an executive order to rename Broadway to Martin Luther King Jr. Boulevard still has legal experts representing the city in disagreement.
Council attorney Joe Hunter told council members that Mayor Canan has authority to issue an executive order and distributed copies of legal proof, sixth district city council member Monte Murphy said.
"The statute clearly states that the executive has the power to name and rename streets," Hunter said.
However, city attorney Charles Clark did not agree.
"It is my opinion that the mayor cannot put out an executive order to change the name of a street," Clark said. "This issue does not deal with zoning."
"Zoning power is extremely broad and includes the ability of a city to regulate its own property, which includes regulating and planning streets," Hunter said.
"This is my opinion and that is Joe Hunter's opinion. But my opinion counts because I was hired by the city," Clark said.
The debate over the mayor's power of executive order came into play after Murphy said Anderson's Mayor, Mark Lawler, renamed Pendleton Avenue to Martin Luther King Jr. Boulevard last January through executive order.
"(Canan) still has the authority to rename the street if he wants to," Murphy said. "I think he knows he does too."
When Canan was asked on Monday night what comes next for the Broadway area he responded by saying, "Well, I'm not going to tell you."
The proposed name change of Broadway Avenue to Martin Luther King Jr. Boulevard was voted down by the City Council on Monday, 7-2.
City council member David Taylor prefaced his negative vote to the name change on Monday with a memorializing proposal dedicated to Dr. Martin Luther King Jr. instead.
"My proposal would not cost business owners any expense, and it would give more recognition to Dr. King," Taylor said.
Taylor said the memorialization would add pictures of King and not just street signs.
"My proposal is to expand the area from the south end of Muncie to the north," Taylor said.
The proposal would increase the distance from 2.7 miles to 5.7 miles.
"This is what other cities have done throughout the United States, and it is time that Muncie catches up," Taylor said.
Murphy was not satisfied with the proposed memorialization.
"I am disappointed that the vote on Monday turned out as it did, but it is not over," Murphy said. "The people pushing for the renaming do not want to memorialize the area."
"The black community has been compromising for far too long," Murphy said. "We need to put our foot down this time."
Murphy and fellow city council member William Shroyer were the only council members to vote yes for the name change.
"I know most council members were opposed to the renaming, but I felt it was the right thing to do," Shroyer said.
"The mayor, clergy members and the City Council need to sit down and compromise or discuss an alternative," Shroyer said. "Hopefully that will be done soon."
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