Legality of plan commission question at meeting

The legality of the Washington County Board of Zoning Appeals was a hot topic at the commissioner's meting March 18. Two residents were on the agenda to speak specifically about the legality of the make-up of the board and one commissioner, Tony Cardwell, presented a resolution that would vacate all positions but one so a new board could be re-appointed properly.

            Cardwell's resolution seemed to have merit as he along with citizen Adam Dufour said all but one of the current member's were serving on the board illegally.

            “After digging around we found out that the oath of office has never been taken as far as the planning commission is concerned,” Cardwell Jr. said.

            Adam Dufour read a corresponding Indiana code that backed up the claim.

            Dufour said the oath that people who were elected to a different office took would not qualify as an oath to serve on the plan commission. That would require a separate oath.   “The forming of the board itself is legal, because it was adopted by resolution in 2010,” Dufour said. “Because this (oath) has never been complied with since this ruling has been made (by courts) the board is actually just a vacant board right now. There is only one actual member and that’s Andrew Davisson.”

          Dufour said Davisson is legal because he has gone within 30 days of his appointment to file his oath in the Clerk’s office.  Washington County Commissioner Todd Ewen asked if he would have to take an oath for all nine of the boards he is currently serving on. Dufour said that’s not necessarily the case. He went on to explain the answer is dependent on officers who hold governmental power.

           Dufour said the ruling he sighted was specifically over Jefferson County’s planning commission.

          “A lot of plan commissions had not complied with this thing so eventually someone took it to court and the judge ruled that plan commissions and BZAs are required to take the oath of office,” Dufour said. “Whether any other boards or not would have to see if they exercise governmental powers for the welfare of the citizens.”  Ewen suggested just getting the oath to everyone and having them take it and turn it in to the clerk of the circuit court.

          Dufour said the problem with that solution is the oath needed to be taken within 30 days of their appointment, which is why he and Cardwell are making the claim the BZA is currently not legal. Ewen said the county’s former attorney never mentioned the oath law. “Had we known it was the law of the land we would have complied,” he said.  That wasn't the only complaint raised at the meeting. Rhonda Green and Lucy Brenton raised concern over the make-up of the board.

         Greene said David Lyles is not a Democrat and Lori Gilstrap voted in the last election as a Republican.  “A picture of the agenda before (this meeting) had the Plan Commission putting forth a Comprehensive Plan and I see that it has been taken off,” Greene said. “That is excellent because I’ve written down all the laws regarding it also.

            “It can be argued that the planning board has been illegal for eight years. Hundreds of thousands of dollars has been spent on this organization that has not provided legal hearings, that has not provided support for our community and been a drain on our public.I’d really like you to go ahead and dissolve it, but if you’re not going to do that, you maybe ought to follow the law.” Greene said that board is dealing with peoples’ property and could have it torn down on a whim.  “It’s such a drain on our local economy, I can’t see why you wouldn’t shut this dumpster fire down,” Greene said. “

          Brenton had a similar concern about Lyles and Gilstrap and their places on the board.

          Brenton said she had been assured by the county attorney that both were Democrat.

         “I agree with Rhonda that the planning board has been illegal for the past eight years, Brenton said.  She also questioned if Andrew Katt, who is Ewen’s son-in-law was a violation of the state’s nepotism law, but Ewen said because there is no compensation that would not fall under that statute.  “That point would also be moot anyway,” Ewen said. “Because of all the death threats and what some in our community tried to stir up, he resigned from the board.”

       Brenton. went on to say she was just at the meeting to say that all of the property owners and good citizens of Washington County deserve all the rights that come with their property.

       Rather than vacate the seats and got through a re-appoint process, Ewen made a motion to table the matter to further investigate Cardwell's and Dufour's claim.

    Commissioner Phillip Marshall said he was tired of the back and forth concerning the plan commission and the wondering if things are being done right or not. He agreed to tabling the matter for now and seconded Ewen's motion.  Cardwell voted against tabling the action.

     He said moving forward would allow the commissioners to take a step to make things right.

“I ain’t saying I want us to dissolve it,” he said. “We are going to vacate it, reappoint it, and do it right.”

        The commissioner's next meeting will be April 1 at 9 a.m. at the Washington County Courthouse.