1 June 2010 Dearborn County Commissioners Meeting Notes
Present: Ralph Thompson, President, Tom Orschell, and Jeff Hughes
Also present: Gayle Pennington, Auditor, and Jack Gay, Attorney. Witte resigned effective today (not June 7 as he previously stated) due to increased work requirements preparing for his new position in INDY.
Allen Goodman, County GOP Chair was present. Register Publications also covered this meeting.
OLD BUSINESS:
Corporate Cost Solutions- Frank Colavita- met with Thompson and Bill Ewbank a couple months ago and left material regarding their services. They typically find errors in their audits of carriers and benefits. They do 5 years- 2 past 1 current and 2 future. Carriers will send their corrections to the county. The fee for this service is 50% of what they save us. They serve 3 counties in Indiana now. Commissioners decided to engage Corporate Cost Solutions for their services. Contract signed.
Life Time Resources- Heidi Davies- grant signatures for Home repair grant of $157,970 approved in Dec 2009. Commissioners signed the document. Bill Ewbank presented the Catch a Ride annual audit statement. Commissioners signed the memorandum of understanding with them.
Tucker Development- Jeff Tucker- informed commissioners that family emergency occurred and he would be unable to attend tonight. Tabled again. [NOTE: Tucker seems to be stalling on addressing his issues with roads and bonds in his subdivisions. Commissioners may have to call the bonds or require their early renewal because of lack of time to address issues.]
NEW BUSINESS:
County Attorney appointment- Hughes stated his support for Jack Gay and motioned with Orschell 2nd to appoint Jack Gay to fill the remainder of the year. Approved.
GIS Margaret Minzner- updates included the letter sent to Sidwell to get road ROW and parcel updates completed. Sidwell wants to work with us and doesn’t want bad business. $24,000 owed still out of $400,000. The land use layer was to be delivered in mid-May. The QC (quality control) process shows accuracy is appropriate. If they get it all settled- they will do the mapping website set-up. Thompson said to give Jack Gay copies of the letter etc. Sidwell is to provide a written response to us. No deadline set for that though.
Lake Dilldear Grant Application will need some attorney review soon. They have enough to qualify for low to moderate income parameters needed. This is to get help for DCRSD sewer fix out there. [NOTE: Can the residents afford the monthly cost of sewer once it gets installed?]
Ordinance prohibiting large trucks on Kaiser Rd- Todd Listerman stated that about 3 years ago he came to commissioners with concerns on large trucks because of narrowness of bridge by Kelsey intersection and tight curve. They posted signage at Pribble and Kaiser regarding this. There is no official ordinance on this. Want one done so that sheriff’s officers can enforce this. The cost to truck companies has been large for damage to county property and also for towing and getting the trucks out. Two weeks ago there was another incident. GPS sent the trucker that way. Tickets go against their CDL license. Hoping word of mouth gets truckers to avoid it to avoid tickets. Hughes voted Nay for the ordinance- but it passed with two other commissioners voting aye.
Appraisals for Hoosier Square Property -$1,000 and $2100 for each of 2 appraisal companies approved. [NOTE: Commissioners are looking to purchase the building to help acquire needed office space for the courthouse.]
Building Commissioner appointment- Carl Fryman took position with Lawrenceburg. Bill Shelton has been filling in. Shelton was approved as Building Commissioner with Hughes motion and Orschell 2nd.
Highway Dept- Todd Listerman, Transportation Director, gave a 12 minute report:
Contract for change order for ITS system on I-275 for electrical service. Previously approved change order #1 with Greendale Utilities and now change order #2 for $639.34 for Duke energy for other location at I-275 and US 50. This will be reimbursed by federal gov’t. Approved and signed.
Approached for a sign for a deaf child on Justis Drive. Horn blowing has no effect. Wants attorney to develop a policy to be used in these cases. Approved.
Will be out Wed and Thurs for conference in Indy.
Hughes wants Listerman to explain striping and signage rules to a resident who called in. IC says rural roads are 55mph unless there is a traffic study lowering that. Upgrading signs in county to meet federal requirement by 2018. Doing a program to replace them incrementally to meet that. To get stimulus money you have to have these reflective signs.
Second intern started today to help finish sign inventory and help replace ones needed.
Council gave funding for 3000 vpd roads for striping.
Council gave funding for the 2 dump trucks and increased aggregates. They funded the purchase of millings. They funded Guilford paving along with Yorkridge.
They received funding for the RR crossing signs etc. Over $9,000 funded for this.
Listerman will be absent for next meeting due to vacation.
Chips seal is going on North Dearborn and North Hogan thru state stimulus funds. O’Mara was awarded contract on this.
State emailed that info on salt bids will be available on June 4.
Grant for salt facility on Randall approved.
Auditor – Gayle Pennington- claims approved and some minutes approved. Some tabled as Hughes hadn’t reviewed.
Attorney- Jack Gay- has ”nothing to report in his first 32 minutes of service…”
County Coordinator- Bill Ewbank- Wireless account savings with Verizon- can get a reduction in 31,000 pooled minutes and only using 17,000. Reduced it to 21,000. Net saving of $5,113 per year, with no change in actual service and 25% cushion in pooled minutes.
Courthouse Preservation Report Signature- put together by Eric Hartman and Bill Ewbank. This report is a single page questionnaire that requires one signature. Approved to sign. The Courthouse is in good shape.
David Enzweiler resigned May 10 from DCRSD and replacement needs to be a citizen of southern half of county to fill to the end of this year. Tabled to find a candidate.
Heart House request- wanted to apply for a grant for emergency housing- same as last year. Approved support signature for them to seek this.
Jeff Hughes- some road blocks set up in Bright for charity- by people who aren’t even from the county. Tabled for att’y to review request from township trustees.
Late Arrival Information- none
Public Comment: [Note: Public Comment time was not allowed at commissioner meetings when Fox and Hughes began in office in 2005. Commissioner Thompson tried to get it reinstated in 2007 and they voted it down. Thompson got another vote from newly elected Commissioner Orschell in Jan 2009 to reinstate it.]
Cathy Pierat (sp?) – from Aurora – complained about Witte not speaking to her regarding her son Shane McHenry in the parking lot after the last commissioner’s meeting. She said he would not roll down his window and put up his hand to block his view of her. She said they were friends and she was disappointed that he would not listen. [NOTE: Citizens often misunderstand the role of county attorney- he works for the commissioners and is not there to answer questions from the public, unless the commissioners direct him to do that. Obviously that couldn’t happen in the parking lot. Witte avoided all perceptions of impropriety.]
Aaron Negangard- I am here on behalf of MY employee, Bryan Messmore, who was accused by county attorney. Negangard stressed that Messmore worked for him. Wanted to know why he was not notified as his employee was involved. Negangard repeatedly asked the same questions to Commissioner Ralph Thompson, who finally said that he’d already answered that question. Negangard proceeded as if he was in court and commissioners were on the witness stand. He said that he was asking the question several times, because sometimes answers change. [ Note: Badgering the witness? Are we in court?] The upshot was that Negangard wanted to know when and what commissioners knew about the Hatch Act violations.
Thompson said that on the advice of the attorney he would not address an ongoing investigation.
Negangard wanted to know what investigation and what attorney- the former county attorney, Witte? Thompson said Yes. Thompson also indicated the investigation was the OSC investigation of Witte’s letter on Hatch Act violations. Negangard asked if Jack Gay advised that. Thompson said no- not in his first 30 or so minutes as attorney. [Note: Gay was just appointed tonight. He was present to stand in for Witte who had resigned effective June 1.]
Negangard said that Messmore was called by the OSC and that he is NOT in violation of the Hatch Act. A formal letter will follow. [NOTE: OBJECTION, your Honor, Hearsay! Let’s see- OSC calls Messmore, who tells Negangard, who tells the commissioners… isn’t that hearsay? We need to see the official letter. Negangard conspicuously avoided any mention of Shane McHenry. He also did not address whether Messmore can run in 2012 if he still works as Victim’s Advocate. He did not state the basis for the lack of violation. Was it because he was appointed and not elected? Was it because he was considered under the judicial branch and not executive/administrative? Perhaps the formal letter will address this. It would be useful to know that for future reference.]
Negangard then asked each commissioner individually to commit to telling him when there was any problem with his staff. They agreed.
[NOTE: The Hatch Act has whistleblower protection. Complaints can be made anonymously. Witte could have used that and avoided all this diatribe against him. He chose to release it publicly. Perhaps his years on the bench have taught him that people need to be forced to change. Private conversations won’t get the job done. We have a problem with what sometimes is referred to as “double dipping” (getting paid for one county job and also holding county office and getting paid for that) and “conflicts of interest” in this county. People don’t change when they see the light- they change when they feel the heat. Putting it out for the public- forces us to figure out what we are doing wrong and fix it. Humans don’t always do the right thing- particularly when it conflicts with self- interest. Public scrutiny helps keep us all in line. That’s why we have “sunshine laws” or “open door laws.” After 15 years of attending county government meetings, I think I understand why Witte chose to report his allegations the way he did. In some ways, he did the county citizens a favor. Now are we going to heed the warning or not?]
Shane McHenry- said he was clueless as to how the media knew “something good was going to happen” at the last commissioners meeting. He said Mrs. Mueller said that. He wanted commissioners to state who told the media. Commissioners did not know who told the media. McHenry said that ‘someone in this room knows.” [NOTE: McHenry has apparently received no word from the OSC yet on his alleged Hatch Act issues.]
CommissionerTom Orschell said that business will continue as usual- at end of the day “Hatch Gate” will have little effect on the day to day workings of the county. He essentially encouraged people to get back to working for the people.
Paul Messmore- introduced himself as Bryan’s father and said he warned them about Witte- why’d he get beat so bad when he ran for judge. Nobody likes him. Messmore tried to get Orschell to state that he had warned him about Witte, but Orschell said he didn’t remember that. [Note: Bryan Messmore was not present. Seems like both Messmore and McHenry have a parent to fight their battles for them. Adult children usually prefer to fight their own battles publicly. Parents need to respect their adult children and step back. These two men are running for or holding two of the highest public offices in the county. What’s with the Mom and Dad protection routine?]
Meeting adjourned at 8:10PM
Christine Brauer Mueller
Lawrenceburg Township
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14 comments:
It seems the Prosecutor was after the Commissioners to see who knew what, when. Maybe he should look to his own. Chris McHenry was in the Administration Building early Monday afternoon talking about people attending the Commissioners' meeting and the Council meeting the following week about something against the Prosecutor and the McHenry and Messmore families sure knew to show up at the meeting. Who told them? Or is this some kind of stunt for publicity? They sure keep pushing it.
"Negangard conspicuously avoided any mention of Shane McHenry. He also did not address whether Messmore can run in 2012 if he still works as Victim’s Advocate."
Because he knows McHenry is already "Hatched" and Messmore does have to resign from his federally funded job as Victims Advocate before he can even begin to run for that office in 2012. ("A person is in violation of the Hatch Act when, at the time he engaged in prohibited conduct, he was covered by the Hatch Act. It has been held that candidacy begins when preliminary steps are taken to establish a candidacy, not just when a formal announcement is made. For example, canvassing voters, polling for name recognition, or meeting with campaign managers are preliminary steps taken that would be viewed as candidacy for purposes of the Hatch Act. If such steps are taken by someone who is covered by the Hatch Act, a violation of the Act will have occurred. A change in duties at a later time will not negate the already existing violation." see number 14 of FAQs.
15. Can I be appointed to public office?
Answer: Yes. The Hatch Act does not prohibit a covered employee from being appointed to a partisan political office. However, if the employee is covered by the Hatch Act, the employee would be prohibited from seeking election to that office.
See Office Of Special Counsel's FAQs:
http://www.osc.gov/haStateLocalfaq.htm
"Public Comment: [Note: Public Comment time was not allowed at commissioner meetings when Fox and Hughes began in office in 2005. Commissioner Thompson tried to get it reinstated in 2007 and they voted it down. Thompson got another vote from newly elected Commissioner Orschell in Jan 2009 to reinstate it.]"
Hughes stood up spoken up and stated:
Hughes: "If the development crowd was still in charge of the commissioners, and thank you for your past support of me, Mr. Negangard, I would have forbid all of you from speaking at all tonight because you, Pierat, McHenry and Messmore did not properly get yourself on the AGENDA a week ahead of time!!!!!!!!!!!"
fix: Hughes should of spoken up and stated:
we have poeple runnig the county that goes brain dead when they are ask things alot anymore like a deer in the head lights DA.
"It seems the Prosecutor was after the Commissioners to see who knew what, when."
The better question would be:
"Who knew what, when, that McHenry was in violation of the Hatch Act the moment he set his candidacy in motion, well before his formal announcement of his candidacy, with no way to rectify the situation, other than McHenry backing out of his run, but chose to ignore such violation hoping no would be the wiser?"
Mike Kreinhop could STILL be in violation of the Hatch Act if he took even some preliminary steps to establish his candidacy for Sheriff, long before his formal announcement relative to his run for sheriff while still a member of the SCU, which is funded by at least $246,996.00 in federal grant money, because such employment would be covered under the Hatch Act.
Mike Kreinhop is probably sweating bullets right now because of that fact.
"A person is in violation of the Hatch Act when, at the time he engaged in prohibited conduct, he was covered by the Hatch Act. It has been held that candidacy begins when preliminary steps are taken to establish a candidacy, not just when a formal announcement is made. For example, canvassing voters, polling for name recognition, or meeting with campaign managers are preliminary steps taken that would be viewed as candidacy for purposes of the Hatch Act. If such steps are taken by someone who is covered by the Hatch Act, a violation of the Act will have occurred. A change in duties at a later time will not negate the already existing violation."
See Office Of Special Counsel's FAQs #14:
Link to Office Of Special Counsel's FAQs #14:
http://www.osc.gov/haStateLocalfaq.htm
Boy!!!
The old maxim that "all that FREE money the Feds handout is never really FREE" certainly rings true, does it not?!!!
Of course, with Messmore, it would also have to be shown that his duties under his current job with the prosecutor's office (judicial branch not covered by the Hatch Act), funded in part by a VOCA grant, is closely connected or possibly only transiently connected to some executive branch (covered by the Hatch Act) related activities, such as enforcement and investigative work usually associated with the sheriff's department for example.
Excerpted in part from a post by
Dan Brewington here:
http://www.voy.com/201962/
If the March 12, 2009 post that appeared on the Dearborn County Blogspot is correct, the County Attorney needs to add Detective Mike Kreinhop to the list of HATCH violators. The Lincoln Day Dinner Program from the Dearborn County Republican Party Lincoln Day Dinner held on February 27, 2009, lists one of the sponsoring ads as
"Mike Kreinhop, Investigator Special Crimes Unit- for Sheriff"
Thursday, March 12, 2009
Lincoln Day Dinner Program Info
Lincoln Day Dinner Program
Dearborn County Republican Party
Lincoln Day Dinner
February 27 2009
*****************************
A Very Special Thank You
To our generous
Business and Corporate Sponsors
Ewbank and Kramer
Attorneys at Law
RQAW (jail and courthouse design)
Consulting Engineers and Architects
John J Frick and Associates
Public Relations Services
Lewis and Kappes (lobbyists for county)
Attorneys at Law
Government Relations
*******************************
This Evenings Program
Welcome
Gary Morris, Chairman
Dearborn County Republican Party
Presentation of Colors
Honor Guard
Dearborn County Sheriff’s Department
Pledge of Allegiance
Todd Young
Musical Invocation
Jeff Tucker
Dinner
Mr Fritz Klein
as
The 16th President of the United States
The Battle Hymn of the Republic
Other ads attached
Nugent Tractor Sales (Suzi Nugent-Randall and Johnny Nugent)
Bourbons Bar and Grill (Bill Wagner)
Senator Johnny Nugent
F. Aaron Negangard Prosecutor
Jud McMillan for State Rep HD 68
Lincoln Financial Advisors -Gary B Morris
Mike Kreinhop, Investigator Special Crimes Unit- for Sheriff
Maynard Barrett County Councilman
Indiana Republican Party and the Dearborn County Republican Party
The Bright Beacon- Liz Morris Editor/Publisher
Dearborn Country Club
Gary R Hensley Sr. Appraiser/Level II Assessor/Auctioneer/Real Estate Broker Three R Realty Services Inc.
Link to the Lincoln Day Dinner Program Info:
http://dearborncounty.blogspot.com/2009/03/lincoln-day-dinner-program-info.html
Apart from the losing of federal funding, McHenry is the only candidate truly in any REAL trouble politically relative to any violation of the Hatch Act.
With Messmore, it still has to be shown that his job has some meaningful relationship with executive branch activities, making his job quasi-judicial and quasi-executive.
Kreinhop did violate the Hatch Act, but no candidate contested that fact before his election while he was in violation during the primary election.
And since he is not in violation now, no candidate in the general election can contest it now, but can make it a campaign issue and let the voters decide.
McHenry is in violation of the Hatch Act today, but like Kreinhop, no candidate contested that fact before his election while he was in violation during the primary election.
Any democrat or independent candidate running against him in the general election must contest his lack of eligibility before the election.
See:
IC 3-8-1-5
Disqualification of candidates
(c) A person is disqualified from assuming or being a candidate for an elected office if ...
(6) the person is subject to:
(A) 5 U.S.C. 1502 (the Little Hatch Act); or
(B) 5 U.S.C. 7321-7326 (the Hatch Act);
and would violate either federal statute by becoming or remaining the candidate of a political party for nomination or election to an elected office or a political party office.
Same Old Nonsense wrote: Kreinhop did violate the Hatch Act, but no candidate contested that fact before his election while he was in violation during the primary election.
I see where you are going with this but I don't know how the law applies here. Kreinhop did not advertise to run for the republican primary sheriff candidate, he advertised running for sheriff. I think we would both agree that it is too late for Kreinhop's primary opponents to challenge election, but it shouldn't be too late the November opponent to challenge Krienhop's (possible) ineligibility.
I don't know how the rules work. The (potential) violation occurred when Kreinhop advertised his campaign for sheriff while he was still with the SCU. I would assume that he would be in violation until the race, not primary, was over.
On a side note, if the U.S. Office of Special Counsel determines that McHenry and Kreinhop did not violate the Hatch Act, Witte should have to answer some questions. A man who is qualified enough to be appointed to Executive Secretary of the Indiana Supreme Court Disciplinary Commision to oversee complaints and investigations of lawyers in the state, should not get a free pass in this situation. Though his actions may have not violated any law, it should be questioned if Witte abused his power as county attorney for personal reasons.
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