« Ind. Decisions - A third Supreme Court opinion today | Main | Law - High Court Rules on School Athletics, Federal Sentencing »

Thursday, June 21, 2007

Ind. Gov't. - Council has no authority to remove indicted Monticello mayor

From the Monticello Herald Journal, a long report by reporter Kathie Duffy includes these quotes:

On the surface it has been a seemingly quiet month of June for Monticello Mayor Robert Fox.

In the wake of a turbulent spring - in which Fox's April arrest on 39 counts of theft was followed by a Primary Election win on the Democratic ticket in May - the first month of summer has found the two-term incumbent fulfilling the customary mayoral obligations without any outwardly telling indicators of the situation. * * *

Questions regarding the mayor's status in office, and the power held by the sitting city council regarding that status, have been on the minds of many residents, and officials have been forced to consider the hand they have been dealt.

"We have heard a lot from the public wanting us to make Bob (Fox) leave office," said Monticello City Council President Bill Smith. "But what a lot of people don't understand is that we have done everything legal we can do. The only thing left is to let this thing run its course." * * *

Though there have been those in the community clamoring for the city council to act on the current situation, according to IACT (Indiana Association of Cities and Towns) Media Relations and Member Services Director Julia Bearce, unless the charges brought against Fox lead to a conviction, the hands of the council are tied.

According to Bearce, Indiana does not have a procedure for the recall of elected officials, but does have a statutory method for initiating impeachment proceedings for any misdemeanor in office. * * *

Though a variety of courses of action are provided by state regulations to remove an official from office, a common thread between the three methods remains the constitutionally relevant adage of "innocent until proven guilty."

"There's nothing that we as a council can do now about the situation," said Smith. "We're no different than regular people, and legally there are just things we cannot do."

With Fox currently charged with 39 felonies, his future as mayor hangs in the balancing act of the scales held by Lady Justice herself. * * *

Reaffirming the jury trial setting for Aug. 14, the new dates laid out during the pretrial conference run parallel with two red letter days on the Indiana Election Calendar. With the June 30 date for caucuses to fill any vacancies on the ballot, Fox's July 12 hearing falls just four days before the July 16 deadline for a candidate to remove their name from the ballot.

With a city full of voters watching the clock - or calendar, so to speak - to see if court proceedings in Fox's case are wrapped up before the General Election in the fall, White County Democrat Party Chair Kathy Altman said at a party meeting last month that the scandal itself has left an indelible mark on the ballot.

"Obviously it is hard campaigning with these legal charges out there, but right now that is all they are," said Altman, who noted that the party is operating under the presumption of Fox's innocence. "Bob Fox is a very popular man that has done a lot of good for Monticello, and the voters voiced their opinion in May on Election Day."

Posted by Marcia Oddi on June 21, 2007 04:04 PM
Posted to Indiana Government