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Wednesday, November 04, 2009

Ind. Gov't. - Dispute about lowering twp. trustee salary in northern Indiana township

The Kankakee Valley Post-News (Newton-Jasper counties) had a story last week by Cindy Ward headed "Board president tries to reduce trustee's salary." From the story:

This summer Keener Township Advisory Board President John Boissy said at a township meeting that he wanted to do some workshops, one hour Saturday workshops to go over things, meet with the chief and go over EMS issues, no decisions would be made, they would simply get together for informational workshop sessions.

Then at a Saturday meeting Aug. 22, Boissy and board member Bill Recker met, as Keener Township Trustee Diana Haberlin was going to be out of town and board member Al Ooms was going to a funeral and could not make it. The two men met and made a salary resolution to lower the township trustee's salary from $21,000 to $16,000. The trustee is challenging whether or not the meeting was legal and whether or not the board can reduce her salary.

Boissy believes Haberlin is getting paid too much for the work that she is actually doing, especially if she's not in charge of EMS. Boissy expects a ruling from the Indiana Attorney General by November as to who is in charge of EMS. On at least two different occasions, during the squabble of who is in charge, when answers from governmental agencies that the trustee was in charge, weren't good enough for Boissy, an attorney was hired by Haberlin to give legal advice as to who is in charge of EMS. And on both occasions the lawyer also said the trustee is in charge of EMS. * * *

Boissy says the salary reduction meeting was legal because it was advertised properly and he did not have to state what the meeting was going to be about, or what actions would be taken at the meeting. * * *

The township is riddle with strife. * * *

The township meetings are excessively burdened with the recitations of IC codes, statutes, and haggling over interpretations, legal opinions and definitions. After being peppered with IC codes, the trustee gathers opinions from the Indiana Public Access Councilor, The State Board of Accounts, the Department of Local Government Finance and other governmental agencies. Boissy has yet to be satisfied with the written answers received from those sources, or from the hired legal attorney specializing in local government.

The Indiana codes can be confusing. The following is the full text of the Indiana Code dealing with the trustee's salary. Boissy says section (c) give him the power to reduce the trustee's salary. But at the Oct. 19 budget meeting Haberlin read a letter from the Indiana Public Access Councilor that explained that special meeting notification must include written 48 hour notice to board members and 48 hour notice at the meeting place which must include the subject to be discussed or action to be taken. Haberlin also had a letter from the Indiana Township Association that stated the board can not reduce the trustee's salary with out her consent. Boissy says the salary resolution meeting was not a special meeting and the township association is only a lobby group and dismissed both opinions. Haberlin said she had also spoken to the state board of accounts and they said he can not lower her salary. Boissy told Haberlin to get it in writing.

The story includes the complete text of IC 36-6-6-10 and a link to the PAC's Oct. 13th opinion.

Posted by Marcia Oddi on November 4, 2009 07:44 AM
Posted to Indiana Government