Today, in a story titled "Town files appeal in chief's contract dispute: John Shelhart's attorney says his client is owed $125,000 in back pay," the Munster Times reports that the town of Merrillville:
has chosen to fight an earlier court decision favoring former Police Chief John Shelhart.Access a Nov. 16th ILB entry on this dispute here.Town Attorney Stephen Bower said he filed a request last week seeking to appeal a judgement made by Lake Superior Court Judge Robert Pete.
Pete said in a Nov. 5 ruling that a March 2003 contract between Shelhart and the Town Council was legally binding. He said the Town Council breached the contract when it removed Shelhart on Jan. 9 without just cause and moved him to the position of Emergency Medical Services director. * * *
Bower said he would like the appeals court to clarify some of the issues in Pete's ruling, including whether or not the judgement opens the door for all governmental entities in the state to enter in to long-term employment contracts with policy-making personnel.
The town has contended the contract with Shelhart was illegal because it restricted the right of a majority of the new Town Council to remove the police chief and name a successor.
Shelhart's contract, which was approved in January 2003, was set to expire Dec. 31, 2005.
Bower also maintains Merrillville's situation is similar to one in New Chicago.
In that case, Lake Circuit Court Judge Gerald Svetanoff ruled the contract of former New Chicago Police Chief Ronald Taylor couldn't be extended beyond the term of the sitting New Chicago Town Council.