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Sunday, July 31, 2005
Ind. Government - Controversy in Town of Roseland
The South Bend Tribune Saturday carried this story by Nancy J. Sulok on efforts of the Concerned Citizens of Roseland to oust a couple who constitute the majority of the towen council. Some quotes:
ROSELAND -- Attorney Peter Agostino outlined several potential lawsuits Friday night that could be filed against Town Councilman David Snyder and perhaps his wife, Dorothy Snyder.He spoke at the Clay Township Democratic Club at a meeting of the Concerned Citizens of Roseland. About 100 town residents and business owners attended.
Many town residents are unhappy with the Snyders, who constitute a majority of the three-member Town Council. Residents have complained that the Snyders are misusing and abusing their authority by issuing citations for alleged violations of town codes.
Agostino specified three issues that may be grounds for legal action:
[1] Free speech claims that are protected by the U.S. and Indiana Constitutions.Lawsuits are being prepared, Agostino said, against David Snyder for his issuing of citations to residents and businessmen who have displayed anti-Snyder signs on property. Such signs are protected speech, the attorney said. * * *
[2] The removal of Charley Shields as Town Council president.
The council held a special meeting on July 20 to elect Dorothy Snyder as the president.Peter Agostino said the town ordinances do not allow for a midyear election, but stipulate that elections must be held in January.
Furthermore, he said, state law allows anyone who feels he has been usurped from office illegally to seek a legal remedy through the courts. Frank Agostino is preparing to file suit on those grounds on behalf of Shields, Peter said.
[3] A recall action.
Agostino said it is only partially true that Indiana does not have a recall procedure for elected officials. Both the Indiana Constitution and the Bill of Rights of the U.S. Constitution, he said, can be interpreted to allow for a recall.
The First Amendment of the U.S. Constitution, Peter Agostino said, allows citizens "to petition the government for a redress of grievances."
Article 1, Section 2 of the state constitution, he continued, gives citizens "an unalienable and indefeasible right to alter or reform their government in such manner as they may think proper." * * *
In addition to the three actions listed above, Agostino told the gathering of other legal actions that might be possible
Posted by Marcia Oddi on July 31, 2005 10:40 AM
Posted to Indiana Government