03172017 - News Article - US Attorney David Capp served with integrity and skill. A high bar has been set

US Attorney David Capp served with integrity and skill. A high bar has been set
Chicago Tribune
March 17, 2017
http://www.chicagotribune.com/suburbs/post-tribune/opinion/ct-ptb-editorial-us-attorney-st-0319-20170317-story.html
U.S Attorney David Capp's resignation last week came as no surprise, given President Donald Trump's upset victory in November. That's the political nature of the landscape when parties change in White House administrations.

Capp, a career prosecutor who intended to retire in June, leaves behind an impressive legacy of bipartisan service underlined by a fervent commitment to justice.

A 1968 Gary Lew Wallace graduate, Capp served as the region's top crime fighter since 2007, when his predecessor, Joseph Van Bokkelen, became a federal judge. Capp was sacked last week with 45 other U.S. attorneys by order of U.S. Attorney General Jeff Sessions.

Capp was serving as top deputy under Van Bokkelen when former president George W. Bush tapped him as interim U.S. attorney after Van Bokkelen's resignation. Former president Barack Obama took Capp's interim tag off in 2009 when he named him U.S. attorney for Indiana's Northern District, based in Hammond.

Before his appointment, Capp toiled 23 years under Republican and Democratic administrations showing no aversion to prosecuting corrupt Democratic politicians.

Capp led efforts such as Operation Lights Out and Operation Restore Public Integrity to root out crooked politicians who usually wound up as guests in federal prisons.

In recent years, Capp's office joined with local police, and agencies across the Illinois state line, to go after violent street gangs such as the Imperial Gangsters and Latin Kings, who operated primarily in Northwest Indiana.

Capp remained visible in the region, speaking to local groups about the work his office was doing to fight crime. Last year, he said the 56 members of the Latin Kings and Imperial Gangsters arrested by his office were responsible for 36 homicides.

Late last year, Capp announced stunning indictments against Lake County Sheriff John Buncich and Portage Mayor James Snyder on unrelated corruption charges tied to towing schemes. Those cases will now move forward after Capp departs.

Last year, former Lake Station mayor Keith Soderquist went to prison for improperly taking money from his campaign fund and the city's food pantry account to gamble at casinos.

Capp has also successfully prosecuted a host of Lake County Democratic elected officials including former East Chicago Mayor George Pabey, former Lake County surveyor George Van Til, former Lake County clerk Tom Philpot and former Gary city council members Ronier Scott and the late Marilyn Krusas.

Capp's departure comes sadly as the country is politically polarized and torn. Gary native Clifford Johnson, a federal prosecutor in South Bend, has been named interim U.S. attorney until Trump makes a permanent choice.

It's unclear who Trump might name to succeed Capp, but since the Jimmy Carter administration, the U.S. attorney appointee has come from Lake or Porter counties. U.S. Sen. Todd Young is leading the search.

Capp's successor has an illustrious blueprint to follow. The bar is set high. We hope the next U.S. attorney should be up to the challenge.

03162017 - News Article - U.S. Attorney David Capp resigns

U.S. Attorney David Capp resigns
POST-TRIBUNE NEWS
March 16, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-david-capp-resignation-st-0312-20170311-story.html
U.S. Attorney David Capp resigned Saturday from his position as northern Indiana's top prosecutor.

Capp, who has worked in the U.S. Attorney's office for more than 30 years, submitted his resignation per the request of President Donald Trump's administration, even though he planned to retire in June, according to a press release. Attorney General Jeff Sessions on Friday sought resignations for the U.S. attorneys appointed under former President Barack Obama, the Associated Press reported.

New presidents traditionally replace most or all U.S. attorneys, but it usually is done over a longer period of time.

"It has been my greatest honor and privilege to serve all these years. The work we do in the United States Attorney's office has such an important positive impact on the citizens of northern Indiana," Capp said, in a statement.

President Barack Obama appointed Capp as U.S. attorney in 2009, though he had served as the office's interim chief since 2007 when former President George W. Bush tapped Van Bokkelen as a federal judge.

Capp, during his tenure with the federal prosecutor's office, took a hard stance against public corruption in the area. Serving under former U.S. Attorney Joseph Van Bokkelen, now a federal judge, Capp led major efforts to stop corruption, including Operation Lights Out and Operation Restore Public Integrity.

Under Capp, federal prosecutors recently leveled charges against Lake County Sheriff John Buncich and Portage Mayor James Snyder. Last year, his office successfully prosecuted former Lake Station Mayor Keith Soderquist and Soderquist's wife, Deborah.

As Capp, who joined the U.S. Attorney's office in 1985, announced charges against Buncich and Snyder in November, he issued a stern warning to other officials engaged in corrupt practices:

"You know who you are and we know, currently, who some of you are," Capp said. "And we are coming after you.

"And if any of you want to try to help yourself, time is running short."

Aside from his crusade against public corruption, Capp also focused on fighting gang- and drug-related crime in Northwest Indiana.

"Some years ago I spoke one evening at a church in Gary.We had just made some arrests and closed down a drug operation in the neighborhood the church served," Capp said, in a statement. "Afterwards a gentleman came up to me, shook my hand, thanked me for our efforts and told me, 'now my grandchildren can play in the yard again.'"

"That has always stuck with me and kept me focused on what our work is really about," Capp added."I hope that I have played a part in making more yards in the Northern District of Indiana safe for grandchildren to play in."

Capp is a 1968 graduate of Lew Wallace High School in Gary and the University of Wisconsin-Madison, according to his official biography. He received his law degree from Valparaiso University and was in private practice law for eight years, according to his official biography.

03152017 - News Article - EDITORIAL: Successor should follow Capp's NWI justice model

EDITORIAL: Successor should follow Capp's NWI justice model
NWI Times
March 15, 2017
http://www.nwitimes.com/news/opinion/editorial/editorial-successor-should-follow-capp-s-nwi-justice-model/article_6a9d29d2-56d0-57da-a02ca84f27fcae9b.html
Politics may be affecting change at the helm of the Hammond-based U.S. attorney's office, but it shouldn't end a strong justice model maintained by the outgoing leader.

U.S. Attorney David Capp, a prosecutor in the office for 31 years and the office's leader for the past eight, announced his resignation last week.

He did so at the behest of U.S. Attorney General Jeff Sessions in the expected changing of the justice guard under new President Donald Trump.

It's normal for a new administration to appoint its own people to the ranks of U.S. Attorney and other government offices.

In reality, Capp had planned on stepping down later this year anyhow.

We also appreciate Trump's pledge to beef up the ranks of law enforcement and believe our local U.S. Attorney's office should receive all possible resources to continue a noble fight spearheaded by leaders including Capp.

Capp leaves a stalwart, no-nonsense model of hunting down and vanquishing both Northwest Indiana political corruption and violent street gangs that should be followed by his successor.

In his three decades either prosecuting criminals or leading the Hammond-based U.S. attorney's office, Capp has been party to dozens of cases involving public corruption.

The office has secured more than 60 convictions of government leaders or their politically connected contractors, largely for crimes against taxpayers, since the 1980s.

In recent years, under Capp's direct leadership, those convictions have included East Chicago political powerbroker Robert Cantrell, former Lake County clerk and coroner Thomas Philpot, former Lake Station Mayor Keith Soderquist, former East Chicago Mayor George Pabey and former Lake County Surveyor George Van Til.

Still other officials, including Lake County Sheriff John Buncich, Portage Mayor James Snyder and former Calumet Township Trustee Mary Elgin face future felony trials in alleged and unrelated public corruption schemes.

These cases were all crafted under Capp's eye for justice.

Like leading federal prosecutors before him, Capp was very familiar with the pattern of corruption and self enrichment that has plagued our Region's political process for decades.

He also has presided over the prosecutions — nearly all of which have led to convictions — of dozens of street gang members in various sweeping indictments.

Convictions in that category have included the imprisonment of Region gang kingpins and rank-and-file members for murder, racketeering, drug-dealing and conspiracy charges, making our cities and towns safer.

Capp leaves behind a commendable legacy of aggressively targeting some of our Region's most glaring shortcomings.

We thank Capp for his years of dedicated and highly effective service.

Whoever the Trump administration selects to replace Capp would do well to follow the tenets of his success.

03132017 - News Article - Acting U.S. Attorney Johnson takes over

Acting U.S. Attorney Johnson takes over
NWI Times
Mar 13, 2017
http://www.nwitimes.com/news/local/crime-and-courts/acting-u-s-attorney-johnson-takes-over/article_9c29c71b-160f-5853-a1bc-9f31f11954a1.html
HAMMOND — A Gary native and a veteran federal prosecutor took over the U.S. attorney's office here Monday in the wake of the former U.S. Attorney David Capp's dramatic departure last weekend.

Clifford Johnson, who served as Capp's second-in-command for nearly a decade, has become the acting U.S. attorney for the U.S. District of Northern Indiana, which comprises 32 counties, Ryan Holmes, a spokesman for the office said Monday.

Johnson will direct the office's prosecution of crime and cooperation with federal, state and local law enforcement agencies, and "promote public safety throughout the Northern District of Indiana" until a new U.S. attorney is sworn into office, Holmes said.

Both Capp's and Johnson's names appeared on documents filed Monday in U.S. District Court as a sign of the abrupt transition.

Capp resigned at the request of U.S. Attorney General Jeff Sessions who called Friday for the departure of 45 federal prosecutors across the country who were holdover appointees from former President Barack Obama’s time in office.

Holmes said federal law requires the first assistant become acting U.S. Attorney when the office becomes vacant. Johnson had served as the first assistant since August 2007.

Johnson graduated from Gary's Emerson High School, received a bachelor's degree in 1976 and a law degree in 1980 from Valparaiso University.

He was a trial attorney for the Department of Justice’s Civil Rights Division from August 1980 until December 1985, joined the U.S. Attorney’s office in Hammond in January 1986 as a civil assistant U.S. Attorney, and served as chief of the local civil division before becoming the first assistant.

Capp, who joined the office in 1985 and was appointed to head the Northwest District office in 2010 by then-President Obama, has a long history of cracking down on violent criminals and rooting out crooked politicians ensnared in public corruption in Northwest Indiana.

Of late, Capp’s office had been overseeing the public corruption cases against Lake County Sheriff John Bunich and Tim Downs, the sheriff's second-in-command, and a Lake Station towing firm owner regarding allegations Buncich solicited bribes and campaign contributions.

The U.S. attorney also charged Portage Mayor James E. Snyder last year with soliciting and receiving $12,000 in bribes in exchange for a towing contract with the city of Portage.

Asked what will become of those investigations with Capp’s resignation, Ryan Holmes, a spokesman for the U.S. Attorney’s office, said Saturday will be things will be “business as usual.”

03132017 - News Article - South Bend prosecutor to take lead at U.S. Attorney's office

South Bend prosecutor to take lead at U.S. Attorney's office
POST-TRIBUNE NEWS
March 13, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-us-attorney-replacement-st-0314-20170313-story.html
A South Bend-based federal prosecutor will temporarily lead the U.S. Attorney's office in Hammond following the resignation of the former federal prosecutor

Clifford Johnson, a first assistant U.S. attorney, will serve as the interim U.S. attorney after David Capp stepped down from the Northern District of Indiana's top spot Saturday. As Johnson temporarily takes over the office, Sen. Todd Young, R-Bloomington, will lead the search to find a new U.S. attorney to replace Capp.

"For the last several weeks, we have been collecting applications for judicial, U.S. attorney and U.S. marshal positions. The applications will be reviewed and Sen. Young will work with the White House to find an exceptionally qualified U.S. attorney," said Jay Kenworthy, Young's communications director.

President Donald Trump first will nominate someone to fill the post before confirmation hearings start. The deadline for potential nominees to submit applications was Monday.

Johnson has been the first assistant U.S. attorney since 2007 and first joined the office in 1986, according to the U.S. Attorney's office. He previously was an attorney with the Department of Justice's Civil Rights Division, and received his bachelor's degree and law degree from Valparaiso University.

Capp, who spent more than 30 years as a federal prosecutor, submitted his resignation Saturday after the Trump administration asked sitting U.S. attorneys appointed by former President Obama to step down.

Obama appointed Capp as U.S. attorney in 2009, though he had served as the office's interim chief since 2007 when former President George W. Bush tapped former U.S Attorney Joseph Van Bokkelen as a federal judge.

Capp, during his tenure with the federal prosecutor's office, took a hard stance against public corruption in the area. Serving under Van Bokkelen, Capp led major efforts to stop corruption, including Operation Lights Out and Operation Restore Public Integrity.

Under Capp, federal prosecutors recently leveled charges against Lake County Sheriff John Buncich, a Democrat, and Portage Mayor James Snyder, a Republican. Last year, his office successfully prosecuted former Lake Station Mayor Keith Soderquist and Soderquist's wife, Deborah.

Aside from his crusade against public corruption, Capp also focused on fighting gang- and drug-related crime in northwest Indiana.

Indiana's congressional delegation lauded Capp's accomplishments during his tenure with the U.S. Attorney's office.

"Dave Capp worked hard for the people of Indiana during his years in the U.S. Attorney's office and as U.S. Attorney. He helped lead the fight to crack down on gangs and drug crimes and worked to keep our communities safe. He has been a dedicated public servant for our state, and I wish him and his family the best," U.S. Sen. Joe Donnelly, D-South Bend, said in a statement.

"I have the deepest appreciation for the dedicated life of service that David Capp has provided to northwest Indiana.I believe that his judicious temperament, tireless work ethic, and goodness of heart will leave an incredibly lasting impact," U.S. Rep. Peter Visclosky, D-Merrillville, said in a statement."I wish my friend the very best."

03112017 - News Article - U.S. Attorney Capp resigns at Trump administration's request

U.S. Attorney Capp resigns at Trump administration's request
NWI Times
Mar 11, 2017
http://www.nwitimes.com/news/local/crime-and-courts/u-s-attorney-capp-resigns-at-trump-administration-srequest/article_af405abb-63e9-5890-b942-448df9eb3b63.html
HAMMOND — U.S. Attorney David Capp — one of several holdover appointees from President Barack Obama’s time in office — has submitted his resignation after being asked to do so by Donald Trump’s administration, his Northwest Indiana District office confirmed Saturday.

The announcement of Capp’s resignation comes in light of U.S. Attorney General Jeff Sessions on Friday abruptly requesting 46 chief federal prosecutors — all appointed previously by Obama — to resign, according to the Associated Press.

Many of the federal prosecutors who were nominated by Obama have already left their positions, but the nearly four dozen who stayed on in the first weeks of the Trump administration have been asked to leave "in order to ensure a uniform transition," Justice Department spokeswoman Sarah Isgur Flores told the Associated Press on Friday.

Capp, who was appointed to head the Northwest District office in 2010 by then-President Obama, said he had advised his staff last summer that he planned to retire this year, according to a news release.

"I had been looking toward a June retirement, so this is just a few months earlier," he said in a news release.

Public corruption
Capp, who joined the office in 1985, has a long history of cracking down on violent criminals and rooting out crooked politicians ensnared in public corruption in Northwest Indiana.

Of late, Capp’s office had been overseeing the public corruption cases against Lake County Sheriff John Bunich and Tim Downs, the sheriff's second in command, and a Lake Station towing firm owner regarding allegations Buncich solicited bribes and campaign contributions.

The U.S. attorney also charged Portage Mayor James E. Snyder last year with soliciting and receiving $12,000 in bribes in exchange for a towing contract with the city of Portage.

Asked what will become of those investigations with Capp’s resignation, Ryan Holmes, a spokesman for the U.S. Attorney’s office, said Saturday will be things will be “business as usual.”

"They were all indicted. (The cases) are all going to move forward,” Holmes told The Times.

'An incredible record'
Former FBI agent and retired East Chicago police chief, Mark Becker, said Saturday that Capp was the 1st Assistant U.S. Attorney when Becker arrived in Northwest Indiana in the late 1980s.

Prior to his appointment as U.S. attorney, Capp served as interim U.S. attorney on multiple occasions, Becker said.

“And that’s an incredible record. He survived Democrat and Republican regimes so it shows they had tremendous respect for his ability to lead the U.S. attorney’s office without allowing influences and outside politics to affect his decisions,” Becker said.

Becker added it’s "a shame someone of his stature is being asked to leave earlier than perhaps he wanted to.”

“I’m not a politically driven person, but in view of what David Capp has accomplished, I have to shake my head at what this president was thinking. This was a decision with little thought,” Becker said. “This was a mistake.”

While it is customary for a new president to replace virtually all of the 93 U.S. attorneys, it often occurs at a slower pace, according to the Associated Press. Jeff Sessions, for example, lost his position as U.S. attorney for the Southern District of Alabama in a similar sweep by then-Attorney General Janet Reno in 1993.

As supervisor years ago with the Gary Response Investigative Team, an FBI-led task force aimed at dismantling gangs and gang-related activities, Becker said he could count on Capp to support the team's efforts.

"Dave, he was the No. 2 man in the office at that time. He could have delegated, but he felt so passionate about our work and our attempts to help reduce Gary's violent crime, he took it personally and became our lead contact for prosecution in the U.S. Attorney's office," Becker said. "We could call him at 2, 3 in the morning, and he would get in his pickup truck and help us write warrants. That speaks volumes about the type of person he was."

Getting gangs off the streets
Those who worked closely with Capp through his 31-year career on Saturday noted a number of capstones — and credited his office for bringing the Region’s street gang members and robbery suspects to justice.

Last year, Capp announced his office had taken 56 members of the Latin Kings and Imperials Gangsters off the streets in the past four years alone.

"And those 56 were responsible — and this is just the ones we can prove — for 36 murders,” Capp said last year during a community forum of the wave of federal indictments on gang members.

Lake County Prosecutor Bernard Carter said Saturday that Capp “almost singlehandedly dismantled the Latin Kings.”

“They are nowhere near the threat that they were before those investigations,” Carter said.

In 2015, Capp's office teamed up with local authorities to investigate gang-related homicides. A number of recent federal indictments have targeted members of the Latin Kings operating in Hammond, East Chicago and Gary’s Black Oak section.

Carter said Capp's resignation is an "extreme loss" to Northwest Indiana's citizens.

"He was compassionate but yet very dedicated to the responsibilities of the job," Carter said.

Capp in a news release Saturday recalled speaking at a Gary church some years ago.

"We had just made some arrests and closed down a drug operation in the neighborhood the church served. Afterwards a gentleman came up to me, shook my hand, thanked me for our efforts and told me 'now my grandchildren can play in the yard again,'" he said. "That has always stuck with me and kept me focused on what our work is really about. I hope that I have played a part in making more yards in the Northern District of Indiana safe for 'grandchildren to play in.'"

03102017 - News Article - Fresh start for Portage utility board

Fresh start for Portage utility board
Chicago Tribune
March 10, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-utility-st-0313-20170310-story.html

The City Council and Mayor James Snyder appeared to put a contentious February behind them as the council had its first meeting as the new Portage Utility Services Board.

The new board turned to Snyder, who remains as the utility's executive, for guidance, as Snyder promised an "open door" policy, and the new board also took care of routine utilities business March 7.

"I think the City Council's going to do a great job," said City Council President Mark Oprisko, who was elected chair of the utility board. "Let's move forward in a very kind, respectful way. The mayor is still in charge of the utility."

Snyder said he looked forward "to this board moving forward."

"I think it's a wonderful thing everyone here's involved," he added later, adding his office door "is always open."

Last month, the council voted to remove Snyder as a member of the utility board, eliminate his chairman's salary from the board, move the utility's finances to the Clerk-Treasurer's office, and, later, voted to take over the board. Soon after, the board responded by hiring an Indianapolis-based law firm against the council's actions.

The council agreed to keep Snyder on as the executive, with the $30,000 salary.

Along with electing Oprisko as its chairman, the board elected Councilman Scott Williams its vice-chair and replaced former board attorney Katrina Spence with Ken Elwood, of the law firm Rhame & Elwood.

Elwood also represents the City Council.

In its first act, the new board heard wide-ranging bids from four firms to install a sanitary sewer along an easement backing a single family home and five duplexes on the west side of Swanson Rd., south of Clem Road and north of a set of train tracks.

The bids ranged from a low of $146,429 from Grimmer Construction, of Highland, to $261,666 from Gough Construction, of Merrillville.

The homes along the stretch have relied on septic tanks, but those tanks are failing, and Porter County officials ruled they have to switch to Portage's sewer system, said City Engineer John Hannon.

"It's really a health issue we're dealing with," Hannon said.

The owners of the single family home and each of the duplex units, which total of 11 overall, will have to pay $2,250 to tap into the sewer system, officials said.

The board also scored a win in acquiring an important six-acre parcel north of City Hall, stretching eastward from Willowcreek Road. Holladay Properties, the company behind the Ameriplex properties and the upcoming Promenade at Founders Square, agreed to give the parcel to the city in exchanging for the board waiving a $350,000 tap-on fee tying the promenade to the city's sewer system.

The parcel is worth about $1.1 million, Snyder said. With the board's vote passing a resolution approving the exchange, the utility gets property it eventually would have had to acquire by eminent domain or by some other means, he added.

"Us being able to get (the parcel) this way is really a big deal for us," Snyder said.

Hannon also updated the board on the Robinswood sewer lift station. The board agreed to pay two claims on the $835,000 project, which should be complete "within a couple of weeks," Hannon said.

03092017 - News Article - Portage council quashes using only official email for city business

Portage council quashes using only official email for city business
NWI Times
March 09, 2017
http://www.nwitimes.com/news/local/govt-and-politics/portage-council-quashes-using-only-official-email-for-city-business/article_a54b933f-03bc-550c-885b-e62101beea50.html

PORTAGE — City officials here won't be required to use their official emails when conducting city business.

An ordinance sponsored by Councilman John Cannon this week requiring the use of city email accounts for elected and appointed officials was defeated along party lines.

Cannon, the lone Republican, said he proposed the ordinance to improve transparency in the city and to help provide an accurate historical record of city communication.

Cannon added it is much easier for the public to request copies of official emails if they are written on city email accounts.

Democrats, however, balked.

Councilman Pat Clem said he provides residents with his personal email address along with his telephone number and doesn't see why he should be limited to a city account.

Councilwoman Liz Modesto also said she thought the ordinance is unnecessary.

"If the government wants to see (our personal email) they will subpoena it," she said, adding it costs the city $10 per month for each city email account and if the council would use personal email, it would save the city money.

Modesto added that she has had problems with her city email account, which often goes down, making it difficult to communicate with residents.

"You are against it because you don't want transparency. We've talked about transparency at the last four meetings," Cannon said.

Councilman Collin Czilli said he would support the ordinance if it were amended to also include social media and other web-based sources of contact.

The amendment was defeated.

Mayor James Snyder supported Cannon's efforts, saying using city email makes them available to anyone who wishes to see them.

"I strongly disagree with what I'm hearing. The problem with personal email is that people will never know if you gave all the email up," said Snyder, adding it is his intention to archive all his city email correspondence when he leaves office to leave a record of city business for the future.

03082017 - News Article - Police policies aim to curb towing abuses

Police policies aim to curb towing abuses

NWI Times

March 08, 2017

http://www.nwitimes.com/news/local/crime-and-courts/police-policies-aim-to-curb-towing-abuses/article_62356e8a-7991-5c99-ac87-dc5f5cc7394b.html

The recent federal indictments of Portage Mayor James Snyder and Lake County Sheriff John Buncich concern allegations of inappropriate business dealings involving tow truck operators. The public corruption charges against both men include allegations that each personally profited financially, as well as politically, by showing favoritism to specific towing operators.

But police departments around the Region have policies in place designed to head off abuses by establishing guidelines and procedures to fairly distribute tow jobs.

"The tow firms are chosen for each case based on a set rotation and by jurisdiction," said Mark Back, spokesman for the Lake County Sheriff's Department.

The companies making the rotation list now are chosen outside the department by the Lake County Board of Commissioners, he said.

That policy stands in contrast to what a federal indictment alleges Buncich did. The government claims Buncich accepted bribes allegedly from towing firms for cash and campaign contributions.

Snyder is alleged to have corruptly solicited and received two checks totaling $12,000 in exchange for a towing contract in the city of Portage.

Policies to avoid such potential corruption vary by department. 

Each of the police departments contacted had a similar approach in place with different rates of rotation.

The Valparaiso Police Department uses the same company for one month at a time, and the schedule is set in advance, said Sgt. Mike Grennes.

The eligible companies are selected by the city's board of works, he said, using standards that vary by community.

The LaPorte County Sheriff's Department divides its rotation list into the areas of Michigan City, LaPorte and south county, said Capt. Mike Kellems.

"When a deputy has a need for a wrecker, a request will be for one to be sent via radio," he said. "Dispatch checks the list and sends the next one on the list."

The Porter County Sheriff's Department also dispatches from a rotating list based on the area of the county, but its list is maintained by the sheriff, said Sgt. Jamie Erow.

The department dispatches tow trucks from its own list in emergency situations, during criminal calls and when motorists are unable to arrange a timely response, she said.

"Otherwise, the motorist may choose," Erow said.

The Griffith Police Department tows cars when "the drivers, the cars, or the issues prevent the vehicle from being removed from the scene such as arrest of the driver, when they are a traffic hazard, when they are in violation of town ordinance or state statute ... and when vehicles are being impounded due to investigation," said Public Information Officer Keith Martin.

Police fees

Portage is among the police departments contacted that requires tow companies to charge the same fee for services, said Chief Troy Williams.

Others who set the fees in advance include Porter County, Griffith and Valparaiso. Departments like Michigan City, Lake County and LaPorte County leave the pricing up to the individual companies.

Some local communities collect an additional fee for their own coffers, including Lake County, which charges an additional $75 per tow as determined by the Board of Commissioners, according to Back.

Portage charges a $50 impound fee that is paid to the Police Department, Williams said.

"The person then gets a release form from us and then goes to the tow company to get their vehicle and pay whatever fees may be assessed them," he said. "There are no monies paid to or from the tow company and the Police Department or city."

Griffith charges an additional $25 for non-arrest tows and $50 for arrest tows, Martin said.

Valparaiso charges a $25 administrative fee, Grennes said.

"It's not a huge money maker for the city," he said.

Steve Ridgeway, owner of Ridgeway Service in Griffith, estimated that only about one quarter of the tow companies in the area do tow work for police.

This type of work requires special training and equipment to maintain safety for everyone involved, he said. The special equipment includes wheel lifts, flat beds and dollies, which add up to an additional cost.

Being on a police rotation list also requires being available 24 hours a day, 365 days a year, Ridgeway said.

"I literally have been sitting down for Christmas dinner and have been called out," he said. "But you have to go. That's part of the job."

Ryan Sandberg, co-owner of Sandberg's Towing & Recovery of Valparaiso, which serves the city, Porter County and state police departments, said his company focuses nearly exclusively on police work when it comes to towing cars.

The tow trucks and operators can't be busy elsewhere when a police call comes in, he said.

"If a road is blocked, they're not going to wait an hour for a tow truck," Sandberg said.

Performance matters

Poor response times have resulted in tow truck companies being taken out of rotation at the Porter County Sheriff's Department, according to Erow.

Companies also have been dropped due to citizen complaints, unprofessionalism and not having proper equipment, she said.

"They understand and agree to what is outlined and understand that by not following policies, they are subject to removal from the list," Erow said.

The tow companies used by the Michigan City Police Department must pass an annual inspection conducted by the department's traffic commander, said Chief Mark Swistek said.

Despite the accusations pending against Buncich and Snyder, Ridgeway said he takes the responsibility of serving police very seriously.

"It's an honor and a privilege," he said.

03082017 - News Article - Portage mayor's trial continued to July

Portage mayor's trial continued to July
NWI Times
March 08, 2017
http://www.nwitimes.com/news/local/crime-and-courts/portage-mayor-s-trial-continued-to-july/article_a723684e-d260-5ae4-9783-897d55acf263.html
PORTAGE — A federal court judge granted a continuance in the trial of Mayor James Snyder and his co-defendant John Cortina this week.

Cortina's attorney, Kevin Milner, filed a motion on Monday asking for additional time to review government discovery documents and file pretrial motions. The motion was granted on Tuesday.

Snyder was indicted in November on two counts of bribery and one count of tax evasion. Cortina also was indicted in November on one count of bribery.

Snyder is alleged to have corruptly solicited and received two checks totaling $12,000 from Cortina, in exchange for a towing contract in the city of Portage, according to information from the U.S. Department of Justice. Cortina is charged with corruptly offering those checks to Snyder.

The trial, which initially was set to being in January, was pushed back until April 10. It now is set to begin July 24.

03072017 - News Article - Portage council overrides mayoral vetoes

Portage council overrides mayoral vetoes
NWI Times
March 07, 2017
http://www.nwitimes.com/news/local/govt-and-politics/portage-council-overrides-mayoral-vetoes/article_3241ec02-5db7-594c-9df0-166c81589c18.html

PORTAGE — The City Council has overridden mayoral vetoes on two ordinances that will affect the appointment of department heads.

At a Feb. 23 special meeting, the council approved the ordinances. Mayor James Snyder did not sign them within the allotted 10 days, in effect vetoing them.

One ordinance changed the titles of the Street Department superintendent and director of Public Safety to simply Street Department superintendent and director of Administration and Emergency Management to director of Emergency Management.

The second ordinance regarded department head oversight and stated a person couldn't serve as a department superintendent if they officially work for another department.

The two ordinances were approved after the resignation of Joe Calhoun as director of Administration and Emergency Management. Calhoun continued to be on the Fire Department's roster receiving salary and benefits through that department. The same is true for Joe Mokol, who serves as Street Department superintendent and director of Public Safety. Mokol is an employee of the Police Department.

Snyder asked the council to reconsider, saying losing Calhoun and now Mokol will hamper his ability to negotiate a union contract with the Street Department. Snyder said he will not be able to continue negotiations until a new street superintendent is hired.

"This will slow us down greatly," Snyder said.

"This is just one of your games," said Councilman Pat Clem, accusing the mayor of holding the negotiations hostage.

Council member Liz Modesto said the city attorney is at City Hall 20 hours a week to handle negotiations.

"I can't go into a room without a department head. I am simply asking for time. This was shoved down the people's throat," Snyder said.

Council President Mark Oprisko said the council has seen the dual roles for the two employees as an issue, but never brought it up until Calhoun resigned.

Councilman John Cannon voted Tuesday against overriding the vetoes.

The council's action left Mokol with a decision to make. He must either resign from the Police Department or as street superintendent.

Mokol said after the meeting he would not resign from the Police Department and anticipated he would be going back on patrol. He will be forced to resign as street superintendent.

"I don't want to retire yet. I love being a police officer," Mokol said.

03032017 - News Article - Portage council limits Snyder's hiring powers, replaces board

Portage council limits Snyder's hiring powers, replaces board
Post-Tribune
March 03, 2017
http://www.chicagotribune.com/suburbs/post-tribune/news/ct-ptb-portage-new-ordinances-st-0301-20170303-story.html

Mayor James Snyder will continue to get his $30,000 salary as the former chairman of the Portage Utility Services Board, but the Common Council moved to replace that board and weaken Snyder's hiring powers in the city.

Snyder complained the council's move to prohibit him from choosing department heads from the fire and police departments — unless those appointments resign or retire from there respective departments — will "lock up" qualified candidates, and Snyder suggested at the city council meeting Thursday the moves were aimed at him but actually affected members of his administration.

Snyder cited the examples of former Director of Administration Joe Calhoun, who resigned last week, from the fire department and Sgt. Joe Mokol from the police department as his streets department superintendent.

"I think we've done really well in two cases," Snyder said of Calhoun and Mokol, later adding, "It seems like we're starting to fire scattershot."

Snyder, who normally is eager to speak to the media, declined to comment after the meeting, as did Mokol.

John Cannon, R-4th, voted against stripping Snyder of the hiring power, telling the council the move was the equivalent of "the council dictating to the executive branch," but he also declined comment after the meeting.

Councilman Scott Williams, D-3rd, said the council was "correcting a wrong that should've been corrected before.

"We're not targeting anyone," he said. "We're simply saying the individual, whoever that may be, has to make a choice" of job assignments.

Snyder can veto the ordinance, which the council can override, sign it or take no action, in effect passing the ordinance by "pocket veto."

The utility services board is a separate entity from the city, but the city council passes ordinances to determine the board's membership.

Two weeks ago, the council voted to prohibit mayors from sitting on the utility services board, which is made of four mayoral appointees and three from the council. The council also tried to strip Snyder of the $30,000 he gets as chair of the board, which is in addition to the $53,000 he makes as mayor.

Council members criticized Snyder's attempt last September to get the utility services board — and any resident or business that pays sewer rates — to pay more than $90,000 in legal fees he'd accumulated until then fighting a federal investigation.

Last November, Snyder was indicted on public corruption charges by federal prosecutors.

A week after the council tried to strip Snyder of his position and salary from the utility services board, Snyder convinced the board to hire Indianapolis-based law firm Faegre Baker and Daniels to represent the board against the city council, setting up what would have been an expensive legal battle for taxpayers throughout the city.

The council relented, passing an ordinance that adds $30,000 to Snyder's city salary. He now will receive one check every two weeks from the city, instead of two checks — one from the city and one from the utility services board.

But, the move to take over the utility services board means that the city council becomes the new board, and council members will not collect any additional wages for the new assignment.

Snyder still will have hiring power and some decision-making power in the utility department.