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Tuesday, July 01, 2008

Ind. Gov't. - More on: Indianapolis Public Schools asks court to rule on vote

Updating this ILB entry from June 13th, Andy Gammill of the Indianapolis Star reports today: "2 get OK to take seats on IPS board: Judge says voters' will should stand; big vote on construction expected today."

A Marion County judge cleared the way Monday for two candidates to take seats on the Indianapolis Public School Board, resolving a legal dilemma just hours before a vote on $278 million in building projects.

Michael R. Cohen and Elizabeth M. Gore are scheduled to be sworn in as the board's new at-large members tonight after Judge John Hanley ruled they could take their seats today despite a state law that appeared to disqualify at least one.

State law says the board's two at-large members cannot live in the same part of the district, as Cohen and Gore do. * * *

Incumbents Clarke C. Campbell and Leroy Robinson had argued that they should remain in their seats until properly qualified candidates were selected -- in several years.

Hanley ruled that the state law limiting the number of board members from a district is discretionary rather than mandatory and that conflicts over elections should err in favor of the "choice of the people."

Campbell, who pushed the case, could not be reached for comment Monday. Robinson, who lost to Cohen, said he wishes the retired education professor the best of luck and will not file an appeal.

"That's probably the decision I would have made, too: Let the will of the voters override the state law," Robinson said. "In the court of public opinion, he made the right decision." * * *

Typically, the district screens out candidates who would violate the law because the two seats are up for election in different years. This year was unusual because one of the seats was up in a special election to replace Olgen Williams, who resigned late last year to become deputy mayor.

Hanley's ruling focused on two key legal points:

The wording of the law -- "not more than two of the members who serve on the board may reside in the same board district" -- is more of a recommendation. He ruled that the word "may" suggests "a permissive condition and a grant of discretion" unlike the word "must."

Courts have long ruled in Indiana that election outcomes should not disregard voters, and that courts should err on the side of "promoting the choice of the people."

With many thanks to a reader, here is Marion Superior Court Judge John Hanley's 15-page, June 30, 2008 opinion in the case of Board of School Comm. v. Ind. State Bd. of Education, et al.

Posted by Marcia Oddi on July 1, 2008 05:31 AM
Posted to Ind. Trial Ct. Decisions | Indiana Government