01052017 - News Article - Without answer, former commissioner's reimbursement bid on hold

Without answer, former commissioner's reimbursement bid on hold
POST-TRIBUNE NEWS
January 05, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-porter-federal-probe-st-0108-20170105-story.html
Former Porter County Board of Commissioners President John Evans' request to have $5,000 in legal fees reimbursed because of an investigation by federal officials appears to be on hold because the U.S. Attorney's Office has not provided a clear answer on the status of the investigation.

Evans' request came before the County Council in early December. The council tabled the matter, pending additional information on the investigation, and asked council attorney Harold Harper to reach out to the U.S. Attorney's Office to find out more. A Republican, Evans' term on the council ended with the year; he chose not to seek re-election.

Councilman Dan Whitten, D-At large, who was president of the council at the time, opened the discussion on the reimbursement and said then the council needed confirmation that the investigation was closed before fulfilling the request.

Under Indiana Code, 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."

In a Dec. 20 letter to Harper, U.S. Attorney David Capp said he couldn't be of any assistance because, "This office neither confirms nor denies the existence of a grand jury investigation, or if there is such an investigation, does not comment on the status."

Without a definitive answer from Capp, Harper said, the council can't move forward with the request.

"The wording of the statute puts the council in a difficult position," Harper said. "We will never get a definitive answer from the U.S. Attorney's Office because of the nature of their work."

Evans said he'd have to make another claim for the reimbursement anyway because the previous one was for last year's budget.

"The ball is out of (the council's) court. They were asked to make a transfer in last year's budget. They have no ability to do that now," he said, adding he does not know when he will resubmit the claim, but it won't be before the council's first regular meeting of the year on Jan. 24.

Regardless of if or when Evans resubmits the claim, the stance of the U.S. Attorney's Office on the investigation is unlikely to change, Harper said, as is a resolution of the matter.

"I would have to agree with John (Evans)," Harper said. "It's probably not going to come up unless he submits it again or someone on the council brings it up."

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 until it could get more information.