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Wednesday, January 02, 2008

Ind. Gov't. - Defeated Anderson mayor refuses to step down

Updating this ILB entry from Dcc. 29, where the ILB quoted from a story in the Anderson Herald Bulletin that began:

Opponents of Kris Ockomon have mounted a legal challenge to his eligibility as mayor just four days before he’s set to take office.

On Friday, a temporary restraining order and a request for permanent injunction were filed against Ockomon, challenging his eligibility as a candidate. Ockomon is scheduled to be sworn-in on Tuesday, but the Madison County courts will be closed until Jan. 2.

, the Herald Bulletin reported this morning at 9:52 am:
On the same day that Kris Ockomon was sworn in as the city’s new leader, Kevin Smith said he would not step down as mayor of Anderson.

Smith, a Republican, said Tuesday that the issue of Democrat Ockomon’s residency must be resolved before Ockomon can rightfully take over the office or mayor. On Friday, five people, some of whom had worked in the Smith administration, filed an injunction to halt Ockomon from becoming mayor because he had allegedly not been a city resident for the required year.

Smith said in a statement: “Given the obvious potential for a vacancy in the office of mayor based upon the lawsuit which has been filed, and given my constitutional duty to remain in office, I am today announcing that I have not and will not be surrendering the office of mayor pending a determination by the courts as to whether Kris Ockomon is or is not qualified to be the mayor of Anderson.” * * *

Smith said in a phone interview that his decision to remain in office came after meeting with the people who filed the injunction and their attorney.

“They pointed out that they believe that Ockomon was not a qualified candidate, because of the residency issue,” Smith said. “In light of that, they don’t believe he was qualified to be sworn in as mayor.”

[State Sen. Tim Lanane, D-District 25, who is Anderson’s new city attorney under Ockomon] said if the residency issue were legitimate, Smith should have raised an objection sooner.

“He had every right to raise this issue in the campaign,” Lanane said.

From a story posted at 11:04 am:
Madison County Superior Court 1 Dennis Carroll ordered Wednesday morning the immediate appointment of a special judge to determine the residency of Mayor Kris Ockomon.

A lawsuit was filed Friday seeking an immediate order restraining Ockomon from taking the oath to be Anderson's mayor on Tuesday and a permanent injunction to restrain him from assuming or exercising any duties as mayor. The request for the restraining order was denied and Ockomon took office. A judge did not rule in the matter of a permanent injunction.

Mayor Kevin Smith declined to surrender the office of mayor Tuesday until the merits of this litigation has been determined. Smith claims Ockomon did not live in Anderson the required one year before his election to office.

The Madison County judges believe they each have a conflict of interest in the case, according to Carroll's order. A request has been sent to the Indiana Supreme Court for a special judge to be appointed.

Posted by Marcia Oddi on January 2, 2008 11:23 AM
Posted to Indiana Government