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Friday, June 13, 2008
Ind. Gov't. - Indianapolis Public Schools asks court to rule on vote
Andy Gammill reports today in the Indianapolis Star:
Indianapolis Public Schools on Thursday asked a Marion County judge to sort out who can be seated as a new board member after two state agencies said they couldn't resolve the issue.Voters in the district chose Michael R. Cohen and Elizabeth M. Gore to fill the two open at-large seats on the board.
State law, however, says only two people from each IPS board district may serve on the board at the same time. Cohen and Gore live in IPS' District 3, which Kelly E. Bentley represents in the seat set aside for that district.
"I think it's a question of how they want to balance voters' rights with a state law," Cohen said. "It's not a simple, clear-cut decision."
The Indiana State Board of Education issued a formal ruling that it did not have jurisdiction, and the Indiana Election Commission said it did not believe it had any way to intervene either.
The law fails to provide a way to resolve the conflict, and the district does not know whether to seat one or both of the board members July 1, when they were scheduled to take office.
Cohen and Gore said they understand that the issue must be resolved legally but are eager to take office. Both said they do not plan to move or resign. State law says the current board members stay in place until their replacements are properly qualified. * * *
The two at-large members on IPS' board serve staggered terms and are usually not up for election during the same year. That allows the district to disqualify in advance any candidates who would break the state residency laws.
But on May 6, voters technically voted in two elections: the general election for a board seat that was at the end of a four-year term, and a special election to fill the two remaining years on a vacant seat.
That seat was left empty when Olgen Williams resigned to become deputy mayor. The board appointed Leroy Robinson to temporarily fill that seat.
IPS has said that if the court does not resolve the issue by July 1, the current board members will keep their seats until it rules.
"We did not take a position about who should be seated," Pfeiffer said. "We presented the issue and the facts to the court and are asking them to decide."
Posted by Marcia Oddi on June 13, 2008 08:22 AM
Posted to Indiana Government