Four Lake County officials received a reprieve Wednesday from having to decide between keeping their elected seats or their jobs Jan. 1.
Lake County Circuit Court Judge George Paras granted a motion for a temporary restraining order against an Indiana law aimed at self-dealing that bans elected officials from working for the governments they represent.
Hammond Councilman Michael Opinker, who had said he would retire from the Hammond Fire Department if they weren’t granted the restraining order, said he was glad to hear the decision.
“I’m tickled pink,” he said. “I get to continue being a fireman and a councilman.”
The law, originally passed in 2012 as a way to prevent politicians from voting on their own salaries and benefits, was supposed to go into full effect Friday.
Five Lake County politicians — Hobart City Councilman Matthew Claussen, New Chicago Town Councilwoman Susan Pelfrey, East Chicago City Councilman Juda Parks, Hammond Council President Michael Opinker and Hammond City Councilman-elect Scott Rakos, who has already resigned from the Hammond Fire Department — filed a lawsuit earlier this year in the U.S. District Court in Hammond, arguing that it violated the free speech rights of themselves and voters.
U.S. District Judge Philip Simon ruled earlier this month in favor of the state on the lawsuit’s federal claims but did not rule on the state claims, allowing the plaintiffs to transfer the case to Lake County.
Because of the upcoming deadline, the plaintiffs asked Paras for the restraining order, arguing during a hearing last week that they would be irreparably harmed if they lost either their elected seat or their job as they would have no right to be reinstated should they later win the lawsuit.
Paras agreed with their argument, saying in his ruling that the state of Indiana would not suffer harm by having a temporary restraining order on the law.
Adam Sedia, attorney for the plaintiffs, said the order was a relief.
“It removes that pressure off of the elected officials to choose one or the other,” he said. “The case can now proceed in an orderly fashion.”
Claussen, a Hobart police officer, called the court ruling “somewhat of a victory” in that it will allow him to take office on Jan. 1, but said he doesn’t know how long the ruling allows him to stay in office.
“It’s baby steps, one at a time, but I don’t want to assume anything,” Claussen said.
He said he hadn’t seen the findings of fact and had a call in to his attorney in hopes of getting some answers.
Claussen said he’s disappointed with the way legislators wrote the law and the fact that it was upheld.
He said a best case scenario would have him grandfathered in until a break of service, pointing out he plans to retire from the Hobart Police Department in two years anyway.
“(The law) is unfair. It’s treating me like a second,” Claussen said.
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The ruling was likely Paras’ last involvement with the case. The state moved for a new judge, a request that is automatically granted, Sedia said, although a new judge has not been assigned.
Freelance reporter Karen Caffarini contributed.