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Tuesday, October 18, 2005

Ind. Gov't. - Issues about politically balanced boards

The Indianapolis Star's Behind Closed Doors column last Sunday commented:

State law requires the Indiana Board of Education to be both geographically and politically diverse. No more than six of the 11 members can be from the same political party.

So, when Gov. Mitch Daniels last week announced his first six appointees to the board -- he'll get to appoint four more next year -- it was natural to ask the new faces to which party they belong. * * *

The lone independent on the board, according to the governor's office, is Connie Blackketter, a Rensselaer teacher, while the four Democrats are Daniels' pick Michael Pettibone, superintendent of Adams Central Community Schools; Daniels' appointee Jim Edwards, a Santa Claus businessman; Daniel Tanoos, superintendent of Vigo County Schools; and Randle Pollard, an Indianapolis attorney.

At least, that's what the governor's office said. Pollard refused to say what party he belongs to, calling it "irrelevant" -- kind of an odd answer from an attorney when asked for something that has to do with compliance with a state law.

Taking Down Words did a piece about this on Sunday.

The Indiana environmental board laws have similar requirements. For instance, the law creating the state Water Pollution Control Board (WPCB) provides that the Board shall have 12 members. Four of these serve ex officio (by virtue of their office). Eight are appointed by the Governor. IC 13-18-1-3 requires: "Not more than four (4) of the appointed members of the board may be members of the same political party."

In my experience, just as the Star found with the Education Board, it is not easy to ascertain whether the WPCB membership, at a particular point in time, meets the requirements of IC 13-18-1-3. The job of the WPCB is to adopt the state's water rules. Would it be possible to successfully challenge the validity of a newly adopted water rule on the basis that the Board was improperly constituted?

Posted by Marcia Oddi on October 18, 2005 01:05 PM
Posted to Indiana Government