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Thursday, December 28, 2006

Ind. Gov't. - Commissioner-elect's starting date on job being questioned in civil suit

Pam Tharp of the Richmond Palladium-Item reports:

BROOKVILLE, Ind. -- The fuss in Franklin County over county commissioner terms is moving to court.

Commissioner-elect Don Vonder Meulen on Thursday filed a civil suit in Franklin Circuit Court against Franklin County Clerk Marlene Flaspohler, the Franklin County Election Board and 2nd District Commissioner Louis Linkel.

At issue is whether Vonder Meulen, who defeated Linkel in the November election, will take the 2nd district seat on the board of commissioners on Jan. 1, 2007 or Jan. 1, 2008.

Linkel maintains he has another year on his term as commissioner because his is a holdover office. He's only served three years of his four-year term.

Vonder Meulen said the law governing commissioner terms requires that a commissioner elected in November assume the office Jan. 1. Franklin County's holdover commissioner office may be the only one in the state of Indiana.

In his suit, Vonder Meulen asked the court to stop Linkel from conducting any business as a commissioner after Dec. 31. Vonder Meulen also wants the court to require Flaspohler to issue a certificate of election for county commissioner, second district, that shows his four-year term begins Jan. 1, 2007.

Flaspohler has already issued a certificate of election that has Vonder Meulen's term beginning Jan. 1, 2008.

The ILB hasn't researched this, but it looks like the situation may be the result of poorly drafted statutory language. Most often, statutory language would provide for a replacement to be elected or appointed to fill the "unexpired term" when the office has been vacated early. Evidently that is not the case here. A similar circumstance may have resulted in Martin County, where the appointed clerk was beaten in the May 2006 primary, but because of the timetable will serve all 2007. It won't be until Jan. 2008, when the new clerk will take over. According to this Sept. 27th ILB entry, here is how messed up it was/is there:
The position of Clerk of the Martin Circuit Court has been a "hold over" office for many, many years. As a result, although elected in November, 2002, Mrs, Christmas' term actually ran from January 1, 2004, through December 31, 2007.

Mr. Hunt was appointed as Clerk Pro Tempore and will serve the remainder of the term to which Debra Christmas was elected during the November 2002 general election. [The General Assembly recently passed a law to put this election back on track, as a result] the person who is elected Clerk this November will serve a three-year term. The term will run from January 1, 2008, through December 31, 2010.

Posted by Marcia Oddi on December 28, 2006 03:30 PM
Posted to Indiana Government