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Tuesday, October 05, 2010
Ind. Gov't. - "The Fishers Town Council's actions over the past six months remain in effect even though one of its members moved out of his district, the town attorney said Monday"
That is the lede to this story today by Kevin O'Neal in the Indianapolis Star. More:
"For public policy reasons, several months of work and the many decisions made by the council will not be rendered invalid because a member of the council was not eligible to serve," town attorney Doug Church told the council at its meeting Monday. * * *Interesting ....Because White has not lived the district from which he was elected for most of this year, some have questioned whether the council's actions since then should be allowed to stand. In Church's opinion, the votes and decisions should remain in effect.
Church told the Fishers council that despite eligibility question arising from White's move out of his district, he remained a "de facto" member of the council under Indiana law.
White still was a council member who had the right to vote on council decisions, in Church's opinion, until he resigned when the eligibility question was raised.
"If an officer serves 'de facto,' the officer's official acts are valid despite their ineligibility," Church told the council. "His acts, although not of a lawful officer, remain valid and not subject to attack."
Posted by Marcia Oddi on October 5, 2010 10:00 AM
Posted to Indiana Government