Commissioner asks for $5K legal fees reimbursement
POST-TRIBUNE NEWS
December 07, 2016
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-porter-fed-probe-repayment-st-1208-20161207-story.html
The Porter County Council wants to find out if a federal investigation of a county commissioner is over before it reimburses him for $5,000 in legal fees.
The council tabled the matter Tuesday, pending additional information about where the investigation of Board of Commissioners President John Evans stands. Council President Dan Whitten, D-at large, directed council attorney Harold Harper to reach out to the U.S. Attorney's Office to find out more.
"My understanding in reading the statute is that Commissioner Evans may make this request and the county shall reimburse him if the investigation is closed and there's no indictment," Whitten said. "I think we need to know specifically if the investigation is closed."
Over the past few years, federal investigators have taken a look at several aspects of county government, including seeking information on the county's contract for health clinic services, which is under the commissioners' purview.
Evans, R-North, whose term as commissioner ends at the end of this month, declined to comment when reached Tuesday night after the meeting, referring to the Indiana Code on the matter.
The code states that a municipal officer or employee who is the target of a grand jury investigation can apply for reimbursement for legal expenses having to do with that investigation "if the grand jury fails to indict the officer or employee and the acts investigated by the grand jury were within the scope of the official duties of the officer or employee."
The council can't take action on the reimbursement until members know the status of the investigation, Whitten said.
"They may be at a place where they're not sure where they're at and they're still compiling, or they may be done," he said.
Portage Mayor James Snyder asked for reimbursement of about $93,000 in legal fees from that city's Utility Services Board in early October because of a federal investigation into his proceedings as mayor. The board tabled the matter at the time until it could get more information.
Snyder was indicted last month with alleged bribery involving a towing contract for the city, and for allegedly obstructing tax laws by impeding the government collection of personal and payroll taxes owed by his mortgage business. He has pleaded not guilty.
Councilman Jeremy Rivas, D-2nd, wanted to know if Evans had been reimbursed for any legal expenses so far, and county attorney Scott McClure said he didn't believe so.
The county last reimbursed Evans in 2013 for lodging expenses at a conference, said Vicki Urbanik, the county's auditor.
The council is expected to take the matter up during its first regular meeting in January.
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At the start of the meeting, Rivas read a statement he released to the media earlier in the day calling for Snyder to resign.
"I believe in good government and I've fought for that up here," he said before reading the statement.
The statement notes that the indictment could interfere with Snyder's ability to do business with the county on a number of fronts, including joining in on the county's new animal shelter, drainage issues on Willowcreek Road, consideration of building a new North County Government Complex, and upgrading the public safety radio system.
Snyder deserves his day in court and is innocent until proven guilty, Whitten said, adding only Snyder knows if the allegations are true.
"If they are true, he should resign," he said.
Amy Lavalley is a freelance reporter for the Post-Tribune.
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