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Friday, December 21, 2007
Ind. Decisions - Judge rules in Terre Haute mayoral Hatch Act challenge
Austin Arceo reports today in the Terre Haute Trib-Star that:
A local judge this morning ruled that Mayor-elect Duke Bennett is eligible to take office Jan. 1.See the most recent (Dec. 17th) ILB entry on this case here.Judge David Bolk, of Vigo County Superior Court Div. 3, ruled in Bennett's favor in a case challenging his candidacy.
Mayor Kevin Burke, who lost to Bennett by 110 votes in the election last month, contended that the Hatch Act disqualified Bennett.
The Hatch Act is a federal law that limits the political activity of employees of some not-for-profits receiving federal money, such as Head Start funding.
Bennett is the director of operations at Hamilton Center Inc., which operates an Early Head Start program.
Bolk stated in his ruling that no evidence indicates Bennett "willfully flouted" the Hatch Act.
"Although the Court finds Bennett was subject to the Hatch Act, it is clear that the violation was not willful or intentional," Bolk wrote in the ruling.
Bolk also wrote in the ruling that Bennett could not be disqualified under the Indiana law that Burke's attorneys contended would prevent the mayor-elect from taking office.
Posted by Marcia Oddi on December 21, 2007 01:57 PM
Posted to Ind. Trial Ct. Decisions