With its secession petition signatures already in the hands of the Lake County Board of Elections and Registration, the Town of Griffith has received confirmation from the Department of Local Government Finance that it can proceed with its bid to leave Calumet Township.
Town Council President Rick Ryfa, R-3rd, said that the DLGF issued a memo confirming the agency recalculated township spending by an arithmetic mean, where it previously calculated the townships’ spending rate by a weighted average. The entire memo, obtained by the Post-Tribune, said while language in the 2013 legislation likely meant “mean calculation” in its “plain and ordinary” use, subsequent language in the bill delegated to the DLGF how it could calculate the average.
“We cannot conclude that the statutory term of ‘average’ is definitively unambiguous and that there is only one permissible legal interpretation and application of the term in this context,” wrote Indiana Attorney General chief deputy Matt Light in a February memo to State Rep. Hal Slager, R-15th, who asked Zoeller’s office to weigh in on the matter.
“However, based on plain, ordinary and usual sense or meaning of ‘average,’ we think that the better legal conclusion is that the legislature meant the term to equate arithmetic mean,” Light said.
DLGF Communications Director Jenny Banks said in an email that the DLGF’s calculation’s for the Pay 2015 statewide average township assistance rate “mirrored the calculation used by the Legislative Services Agency in preparing the fiscal impact statement for House Enrolled Act 1585-2013, which is the legislation that implemented IC 36-1-1.5.” She added, however, that the agency is committed to following the law and recognizes the legal expertise of the Attorney General, and as such, modified its calculation to conform to the Attorney General’s opinion.
“The certification of the statewide average township assistance tax rate has no bearing on the previous certification of any local government’s budgets, levies or tax rates,” she said, adding that the DLGF isn’t aware of any other municipalities trying to leave their townships.
With the new calculations, the statewide average township assistance property tax rate is 80 cents per $100 of net assessed value which, according to Ryfa, puts Calumet Township’s spending more than 20 times over the average; the 2013 law states the spending can be no more than 12 times the average. But even with the weighted mean, Calumet Township spending was 13 times over the average.
“Calumet Township was over (the average) both times, but less using the weighted mean,” Ryfa said. “But using the official method, the margin of error is so low (for Calumet Township), I don’t see how they can correct it.”
Calumet Township Trustee Kim Robinson didn’t return a call for comment but told the council at its Aug. 30 meeting that the township has worked to reduce its budget and work with its communities. The budget, for example, has gone to $4.9 million this year from $6.8 million in 2013, and the township has reduced staffing to 45 employees from 79 employees, and will continue to eliminate positions as needed.
“We’ve done everything that has been asked of us,” Robinson said. “I promise you, we’re not doing anything but giving out services asked of us.”
The Town of Griffith remains steadfast in its plans to sever ties, however.
“We’re going to move forward on our referendum Dec. 20 to allow Griffith citizens to choose if they would like to secede from Calumet Township,” Ryfa said. “In the interim, we’re working with the Election Board to make sure we satisfy all the requirements in order to hold the special election.
“Our entire goal is not only to help our residents, but the Gary residents who need services the most. As we get closer, and it happens, I’d like to provide a list for charities so people can contribute to help the neediest among us.”
Michelle L. Quinn is a freelance reporter for the Post-Tribune.