A Lake County judge will soon decide whether a Gary city councilwoman’s case to keep both her elected position and job with the Sanitary District can move forward.
Councilwoman Mary Brown, D-3rd, sued the state saying that she received conflicting opinions about keeping both positions, according to court documents, and said a determination that she should resign does not apply. The Indiana Attorney General’s Office wants the case thrown out.
Judge John Sedia said he’ll take a request to toss out the case against the state under advisement.
“It’s a very interesting question,” Sedia said. “It’s a very pointed question.”
Deputy Attorney General Jefferson Garn said the court should stop the case at his point as the opinions of both the Attorney General’s Office and the State Board of Accounts should stand. Garn said there’s no need for Brown to have benefited herself personally as the question is whether there appears to be a possibility for corruption.
“It clearly applies to Ms. Brown’s position,” Garn said.
Attorney Clorius Lay, who is representing Brown, said the court should let the court proceed.
“There is conflict,” Lay said, and two letters from the state gave different opinions on whether Brown could retain both her seat on the council and her employment with the Gary Sanitary District. When there’s conflict, Lay said it’s within a court’s jurisdiction to rule.
Garn said there is no conflict as advice was sought from the state and it did not give a formal opinion on Brown’s situation.
Brown’s lawsuit asked the court to find that she is not in violation of the law by retaining both her positions, according to court documents, and should not have to repay any salary. Court filings claim the Attorney General’s Office gave her conflicting opinions on if the Common Council is the overseeing body of the Sanitary District, which would determine whether she should resign.
The Indiana Attorney General’s Office and State Board of Accounts found that Brown retaining both positions violated a state law prohibiting elected officials from being employees of the government agencies they oversee.
A June letter from the Attorney General’s Office and an October report from the State Board of Accounts found that Brown defied Indiana code by not resigning her position once she started a new term on the council in 2016, and could be responsible for paying back salary she received after October 2016.
Brown, who was first elected to the council in 1999, has worked for the Sanitary District since 1995, according to court records.
Indiana code said that a government employee who holds an elected office can continue in both roles if they were in officer prior to Jan. 1, 2013, but once that term expires, they will be subject to the law that prevents a government employee from holding public office.
Brown won reelection in November 2015 and began her term in January 2016.
