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Saturday, April 23, 2005

Ind. Decisions - Still more on "Can a council grant a multiyear employment contract that extends beyond the terms of a majority of its members?"

Earlier entries on this issue: "Can a council grant a multiyear employment contract that extends beyond the terms of a majority of its members?" may be found in ILB postings from: Oct. 30, 2004; Nov. 16, 2004; Nov. 30, 2004; and Dec. 17, 2004.

Today the Munster (NW Indiana) Times reports:

MERRILLVILLE | The courts have once again delivered good news for former Police Chief John Shelhart, his attorney said Friday.

Shelhart's attorney, David W. Westland, said he learned Thursday that the Indiana Court of Appeals has ruled on the side of his client in separate motions.

"Certainly we were pleased," Westland said.

Shelhart, who declined comment, has continued to defend a Jan. 9, 2004, lawsuit filed against him by the town. The lawsuit contends Shelhart's police chief contract was illegal because it restricted the right of the majority of the new Town Council to remove him and name a successor.

The recent decision by the Indiana Court of Appeals denied a motion by Town Attorney Stephen Bower that the Merrillville case and a case involving former New Chicago Police Chief Ronald Taylor be consolidated, Westland said.

In the New Chicago case, another judge ruled the contract of Taylor couldn't be extended beyond the term of the sitting New Chicago Town Council.

Westland has continued to argue the cases are not similar because the Merrillville Town Council was not a "lame duck" council like the New Chicago Town Council.

The Court of Appeals in its second motion denied the town's request to prohibit Shelhart from going forward with collecting the salary from his police chief position, which a lower court ruled he should receive.

"The Court of Appeals said he can go forward with his attempt to get paid while the case is under appeal," Westland said.

Westland also received good news last year from Lake Superior Court Judge Robert Pete, who in two separate rulings sided with Shelhart and ordered the town to pay back his police chief salary with interest.

Docket information may be located under Case Number: 45 A 04 - 0504 - CV - 00176; TOWN OF MERRILLVILLE, ET. AL. -V- SHELHART, JOHN.

Posted by Marcia Oddi on April 23, 2005 02:52 PM
Posted to Ind. App.Ct. Decisions