Posted on February 10, 2018
Author Michael Gallenberger, WKVI
A Railroad Township Trustee candidate is now out of the race, but another name has been added. John Harris is officially off the ballot following a pair of challenges against his campaign, according to Starke County Clerk Vicki Cooley. She says the Starke County Election Board reviewed the challenges Friday and determined that Harris was not an eligible candidate for the May primary.
Harris had filed to run as a Republican. Cooley says the problem was that he had no actual party affiliation. Normally, that would be determined by the most recent primary in which a person voted. But since Harris doesn’t have a voting record, he would have needed written permission from the Starke County Republican Party chair. That apparently was not obtained.
The other challenge accused Harris’s campaign of running advertisements that failed to identify who paid for them. But Cooley says that because it was determined that Harris was not an elegible candidate based on party affiliation, the election board decided to waive any penalties stemming from the ad.
Cooley says Harris then signed paperwork officially withdrawing from the race. However, there was also a last-minute addition to the ballot Friday, as Debra Wappel filed to run as a Republican, essentially taking Harris’s place. She’ll face incumbent Mandy Thomason in the May primary, with the winner expected to square off against former trustee Democrat Roger Chaffins, in November.
Meanwhile, by the time of Friday’s filing deadline, a total of seven candidates had filed to run for the three Railroad Township Board seats.
Showing posts with label Railroad Township Trustee. Show all posts
Showing posts with label Railroad Township Trustee. Show all posts
Saturday, February 10, 2018
Thursday, February 8, 2018
Starke Election Board to Review Challenges Against Railroad Township Trustee Candidate
Posted on February 8, 2018
Author Michael Gallenberger, WKVI
The Railroad Township Trustee’s race is already generating some controversy. Tomorrow, the Starke County Election Board will consider two challenges against John Harris. He’s running against incumbent Mandy Thomason for the Republican Party nomination in the May primary.
One of the challenges accuses Harris’s campaign of running an improper campaign ad. County Clerk Vicki Cooley explains that according to the complaint, the ad states that it’s a paid political advertisement but doesn’t specify who paid for it, as required by law.
She says the other challenge has to do with Harris’s party affiliation. Normally, that’s determined by the most recent primary election in which a person voted. But if someone’s never voted in a primary, which appears to be the case here, that person would need permission from the party chair. Cooley says that wasn’t obtained.
She says the election board will ask a series of questions, to determine whether Harris is a legal candidate. Tomorrow morning’s Starke County Election Board meeting starts at 9:30 in the Starke County Courthouse.
Author Michael Gallenberger, WKVI
The Railroad Township Trustee’s race is already generating some controversy. Tomorrow, the Starke County Election Board will consider two challenges against John Harris. He’s running against incumbent Mandy Thomason for the Republican Party nomination in the May primary.
One of the challenges accuses Harris’s campaign of running an improper campaign ad. County Clerk Vicki Cooley explains that according to the complaint, the ad states that it’s a paid political advertisement but doesn’t specify who paid for it, as required by law.
She says the other challenge has to do with Harris’s party affiliation. Normally, that’s determined by the most recent primary election in which a person voted. But if someone’s never voted in a primary, which appears to be the case here, that person would need permission from the party chair. Cooley says that wasn’t obtained.
She says the election board will ask a series of questions, to determine whether Harris is a legal candidate. Tomorrow morning’s Starke County Election Board meeting starts at 9:30 in the Starke County Courthouse.
Thursday, August 31, 2017
Request for Railroad Township Documents Leads to Response from Public Access Counselor
Posted on August 31, 2017
Author Michael Gallenberger, WKVI
Indiana’s public access counselor has been asked to weigh in on a dispute over public documents in Railroad Township. According to an advisory opinion issued by Public Access Counselor Luke H. Britt, Megan Korous filed a complaint with his office back in June, alleging that Township Trustee Mandy Thomason violated the Access to Public Records Act.
The main concern appears to stem from an executive session that took place on April 11. In order for an executive session to legally take place, Britt says notice must be posted at the meeting site at least 48 hours before the meeting begins. That notice must include the date, time, and location of the meeting, as well as a reference to the Indiana Code allowing the discussion to take place in executive session, rather than a public meeting.
After an executive session takes place, an official record should be created, listing the date, time, location, and the names of the members who were there. It must also refer to the Indiana Code that allowed the meeting to take place, along with a certified statement that no other topics were discussed.
Korous reportedly asked Thomason for a copy of those documents back in May, only to be told the request was not specific enough. Meanwhile, Thomason told the public access counselor that she did respond to the request. But Britt said she appeared to have only provided a screen shot of a Facebook post, rather than the official government documents.
In his analysis, Britt found that the request for the executive session documents seemed to be relatively straightforward, and said the documents should be provided as requested. While responding to the complaint, Thomason also asked the public access counselor to comment on a number of other requests for documents reportedly made by Korous. Korous appears to have asked for documentation from all of the township’s income and expenditures, as well as the amount of money paid in legal fees since 2016.
Britt found those requests to be overly broad, and noted that “no single constituent is the independent auditor of this information.” However, he stopped short of agreeing with Thomason’s assertions that the requests are “frivolous,” “abusive,” or “vexatious.”
Author Michael Gallenberger, WKVI
Indiana’s public access counselor has been asked to weigh in on a dispute over public documents in Railroad Township. According to an advisory opinion issued by Public Access Counselor Luke H. Britt, Megan Korous filed a complaint with his office back in June, alleging that Township Trustee Mandy Thomason violated the Access to Public Records Act.
The main concern appears to stem from an executive session that took place on April 11. In order for an executive session to legally take place, Britt says notice must be posted at the meeting site at least 48 hours before the meeting begins. That notice must include the date, time, and location of the meeting, as well as a reference to the Indiana Code allowing the discussion to take place in executive session, rather than a public meeting.
After an executive session takes place, an official record should be created, listing the date, time, location, and the names of the members who were there. It must also refer to the Indiana Code that allowed the meeting to take place, along with a certified statement that no other topics were discussed.
Korous reportedly asked Thomason for a copy of those documents back in May, only to be told the request was not specific enough. Meanwhile, Thomason told the public access counselor that she did respond to the request. But Britt said she appeared to have only provided a screen shot of a Facebook post, rather than the official government documents.
In his analysis, Britt found that the request for the executive session documents seemed to be relatively straightforward, and said the documents should be provided as requested. While responding to the complaint, Thomason also asked the public access counselor to comment on a number of other requests for documents reportedly made by Korous. Korous appears to have asked for documentation from all of the township’s income and expenditures, as well as the amount of money paid in legal fees since 2016.
Britt found those requests to be overly broad, and noted that “no single constituent is the independent auditor of this information.” However, he stopped short of agreeing with Thomason’s assertions that the requests are “frivolous,” “abusive,” or “vexatious.”
Wednesday, January 4, 2017
Railroad Township Trustee to Continue Fire Protection Negotiations, Following Court Hearing
Posted on January 4, 2017
Author Michael Gallenberger, WKVI
The Railroad Township Trustee says she’s willing to make another attempt at negotiating a 2017 contract with the San Pierre Volunteer Fire Department. In a press release, Trustee Mandy Thomason called Friday’s court hearing a “positive step forward.”
It ended with both parties agreeing to continue fire protection under the terms of the current contract until January 30. However, Fire Chief Joe Kryzyzanowski will temporarily step down during that time, with Assistant Chief Mike Korous taking over in an interim capacity.
The press release emphasizes that Thomason takes her duty as township executive seriously. Thomason also assures residents that she will take all the actions in her power to make sure they always get the fire protection and emergency services they deserve.
During Friday’s hearing, Starke Circuit Court Judge Kim Hall encouraged the parties involved to work out their own solution, noting that court should be the absolute last resort for resolving disagreements. Thomason says she’s willing to negotiate in good faith with the fire department on a contract that ensures that Railroad Township gets fire protection and emergency services that comply with state law.
Author Michael Gallenberger, WKVI
The Railroad Township Trustee says she’s willing to make another attempt at negotiating a 2017 contract with the San Pierre Volunteer Fire Department. In a press release, Trustee Mandy Thomason called Friday’s court hearing a “positive step forward.”
It ended with both parties agreeing to continue fire protection under the terms of the current contract until January 30. However, Fire Chief Joe Kryzyzanowski will temporarily step down during that time, with Assistant Chief Mike Korous taking over in an interim capacity.
The press release emphasizes that Thomason takes her duty as township executive seriously. Thomason also assures residents that she will take all the actions in her power to make sure they always get the fire protection and emergency services they deserve.
During Friday’s hearing, Starke Circuit Court Judge Kim Hall encouraged the parties involved to work out their own solution, noting that court should be the absolute last resort for resolving disagreements. Thomason says she’s willing to negotiate in good faith with the fire department on a contract that ensures that Railroad Township gets fire protection and emergency services that comply with state law.
Wednesday, December 28, 2016
Lawsuit Filed Against Railroad Township Trustee, Advisory Board Member
Posted on December 28, 2016
Author Mary Perren, WKVI
A lawsuit filed on behalf of three Railroad Township advisory board members against the township trustee secretary claims the Dec. 15 meeting in which the trustee announced plans to abolish the San Pierre Volunteer Fire Department violated the state’s Open Door Law.
The suit claims Trustee Mandy Thomason and board member Michael Lawecki were in attendance at the meeting, but advisory board President Clarence Gehrke and member August Eckert were not notified in advance. Thomason announced via Facebook the day of the meeting that a session was taking place “regarding the status of fire protection in Railroad Township.”
The suit notes a special township advisory board meeting may be held if the Trustee, chairman of the legislative body or a majority of the members issue a written notice of the meeting to each member of the legislative body. Such a notice must state the time, place and purpose of the meeting.
The state’s Open Door Law also requires notice of at least 48 hours prior to the meeting be posted at the legislative body’s principal office, which in this case is the San Pierre Fire Station, or at the building where the meeting took place. The lawsuit contends the location of the Dec. 15th meeting is not currently known to the plaintiff.
State law provides for the filing of a declaratory judgment to declare void any policy, decision or final action taken during a meeting for which proper legal notice was not provided.
During the Dec. 15 meeting, Thomason announced a new plan for fire protection in Railroad Township. The proposed “restructuring” of the San Pierre Fire Department, Inc. to create the “Railroad Township Volunteer Fire Department. The suit contends that action pertained directly to official Railroad Township business.
State law also requires any fire protection plan of a township trustee to be approved by that township’s legislative body. The suit states “A township trustee has no statutory authority to unilaterally act on fire protection matters.”
The suit also contends there was not a quorum of the township’s legislative body present during the Dec. 15th meeting. Only one advisory board member was in attendance, and two are required to meet that requirement.
Also, the trustee is required to obtain the township board’s approval before expending funds on fire protection services and equipment, according to the lawsuit. It contends the trustee has failed to obtain said approval for the funding of the new entity.
State law also sets checks and balances between the trustee and advisory board for the purchasing of fire protection equipment and employing full or part-time personnel to staff a department. According to the lawsuit, “The Trustee lacks the express statutory authority to incorporate a Township’s volunteer fire department and to run same on behalf of the Township.”
The lawsuit notes a quorum of the township advisory board passed a resolution during a special called Dec. 21 meeting stating the board rejects fire protection services provided by any other entity than the San Pierre Fire Department and directed the Trustee to present them with a contract for consideration and approval during a scheduled Dec. 30 special meeting. The suit claims the trustee has yet to provide a contract to the advisory board.
View a copy of the railroad-township-lawsuit by clicking the attached link.
Editor’s note: The Railroad Township Trustee also has a Township Trustee Clerk, who receives a salary from the township and is responsible for taking minutes for the trustee. She is not named in the lawsuit.
Author Mary Perren, WKVI
A lawsuit filed on behalf of three Railroad Township advisory board members against the township trustee secretary claims the Dec. 15 meeting in which the trustee announced plans to abolish the San Pierre Volunteer Fire Department violated the state’s Open Door Law.
The suit claims Trustee Mandy Thomason and board member Michael Lawecki were in attendance at the meeting, but advisory board President Clarence Gehrke and member August Eckert were not notified in advance. Thomason announced via Facebook the day of the meeting that a session was taking place “regarding the status of fire protection in Railroad Township.”
The suit notes a special township advisory board meeting may be held if the Trustee, chairman of the legislative body or a majority of the members issue a written notice of the meeting to each member of the legislative body. Such a notice must state the time, place and purpose of the meeting.
The state’s Open Door Law also requires notice of at least 48 hours prior to the meeting be posted at the legislative body’s principal office, which in this case is the San Pierre Fire Station, or at the building where the meeting took place. The lawsuit contends the location of the Dec. 15th meeting is not currently known to the plaintiff.
State law provides for the filing of a declaratory judgment to declare void any policy, decision or final action taken during a meeting for which proper legal notice was not provided.
During the Dec. 15 meeting, Thomason announced a new plan for fire protection in Railroad Township. The proposed “restructuring” of the San Pierre Fire Department, Inc. to create the “Railroad Township Volunteer Fire Department. The suit contends that action pertained directly to official Railroad Township business.
State law also requires any fire protection plan of a township trustee to be approved by that township’s legislative body. The suit states “A township trustee has no statutory authority to unilaterally act on fire protection matters.”
The suit also contends there was not a quorum of the township’s legislative body present during the Dec. 15th meeting. Only one advisory board member was in attendance, and two are required to meet that requirement.
Also, the trustee is required to obtain the township board’s approval before expending funds on fire protection services and equipment, according to the lawsuit. It contends the trustee has failed to obtain said approval for the funding of the new entity.
State law also sets checks and balances between the trustee and advisory board for the purchasing of fire protection equipment and employing full or part-time personnel to staff a department. According to the lawsuit, “The Trustee lacks the express statutory authority to incorporate a Township’s volunteer fire department and to run same on behalf of the Township.”
The lawsuit notes a quorum of the township advisory board passed a resolution during a special called Dec. 21 meeting stating the board rejects fire protection services provided by any other entity than the San Pierre Fire Department and directed the Trustee to present them with a contract for consideration and approval during a scheduled Dec. 30 special meeting. The suit claims the trustee has yet to provide a contract to the advisory board.
View a copy of the railroad-township-lawsuit by clicking the attached link.
Editor’s note: The Railroad Township Trustee also has a Township Trustee Clerk, who receives a salary from the township and is responsible for taking minutes for the trustee. She is not named in the lawsuit.
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