A federal judge ruled against five elected officials in Lake County seeking through a lawsuit to keep both their jobs and their political seats.
U.S. District Judge Philip Simon said in his order dismissing the lawsuit Thursday that the state of Indiana had shown it had a compelling interest to pass a law banning elected officials from working for the governments they represented.
The state passed the law in 2012 with the intention of ending elected officials from voting on their own salaries and benefits. The law was grandfathered for then-current office holders until Jan. 1, when any elected official still working for their town or city would automatically lose their job.
“It strikes me as entirely reasonable for the General Assembly to have wanted to avoid a situation where elected officials are allowed to feather their own nests,” Simon said in his ruling.
Simon also pointed to other possible situations of a conflict of interest, such as a police officer voting on whether police should wear body cameras.
The plaintiffs – Hobart City Councilman Matthew Claussen, New Chicago Town Councilwoman Susan Pelfrey, East Chicago Councilman Juda Parks and Hammond City Councilman Michael Opinker and Councilman Elect Scott Rakos – argued in their lawsuit that the law violated their First Amendment rights, adding in other court filings that it violated the right of voters to choose who represents them. Rakos has already resigned his position from the Hammond Fire Department.
An attorney for the plaintiffs could not be reached for comment as of Thursday afternoon.
However, Simon noted that Indiana has other laws restricting who can serve in a town’s or city’s council, such as requiring they live in within the district or not be a felon. He also notes that other states have passed more restrictive job-related laws, already approved by other courts, such as requiring anyone even just running for office to not be working for the government they would represent.
“The statute challenged here is far less onerous,” Simon said.
Simon ruled against half of the claims made in the lawsuit but allowed the plaintiffs to file their claims charged under the Indiana Constitution with the Lake County Courts.
Indiana Attorney General Greg Zoeller praised the ruling in a press release, saying the General Assembly had drawn a firm line as to employees serving on a municipal government.
“Serving in municipal government is a privilege and should not be primarily about the financial award; and there are many ways that civic minded people can serve their communities and neighbors in non-government capacities,” Zoeller said.
Adam Sedia, lawyer for the plaintiffs, said that he was disappointed with the ruling. The plaintiffs are looking at whether to appeal Simon’s decision to the 7th Circuit Court of Appeals and whether to proceed with their state claims in Lake County.
“I’m discussing those options with my clients now,” he said. “They haven’t reached a decision yet.”
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Either way, they’ll need to make a decision within a few days, he said. Because the deadline is Jan. 1, they would have to ask for either a stay of enforcement in either court or a temporary restraining order in Lake County.
Matt Claussen, who is a member of the Hobart Police Department and a Hobart city councilman, couldn’t be immediately reached for comment on Thursday.
Hobart Police Chief Richard Zormier said he wasn’t aware of the court’s decision as of Thursday afternoon and he hadn’t had any discussion with Claussen, a Hobart police officer and longtime councilman, about what he would do if he lost the court case.
“He has 27 days to decide. It’s up to him,” Zormier said.
Zormier said Claussen had put in for a deferred retirement option plan through the state pension fund, which would provide him with a small buyout if he announced his retirement up to three years in advance.
“I hadn’t anticipated Matt’s retirement until December 2017, when that period comes to a close,” Zormier said.
Teresa Auch Schultz can be reached at [email protected]
Freelance reporter Karen Caffarini contributed.