Indiana law requires many locally appointed bodies to have a political balance, and Hamilton County Democratic Party Chairman Joe Weingarten says Fishers Mayor Scott Fadness has not been following that law. City Attorney Chris Greisl has sent a response.
Specifically, Weingarten says the Fishers Police Merit and Fire Commissions cannot have three members of the same political party serving on those panels, yet he claims election records show four of the five Police Commission members are Republicans and all five on the Fire Commission are Republicans.
The police and fire commissions are responsible for handling issues of discipline for those serving in those city departments.
According to Weingarten, Bryan Babb is listed on both Commissions’ websites as a Democrat, though his voting records indicate that, while he voted Democrat in the 2016 primary, he voted Republican in the 2011 and 2014 primaries.
Weingarten also points to Mr. Gary Bolenbaugh, listed with no political affiliation on the Commission’s website, while voting records indicate he voted Republican in the 2016, 2018 and 2019 primary elections. The Democratic Party Chair says based on their voting records, both Babb and Bolenbaugh should be listed as Republicans, resulting in a politically imbalanced Commission.
On the Fire Merit Commission, Mike Peterson does not show party affiliation but voting records indicate he voted Republican, based on Weingarten’s letter to Fishers Mayor Scott Fadness. William Stuart, per the same letter, has a primary election voting record showing he voted Republican. This results in all five members not meeting the intent of the Indiana Code, according to Democrats.
Although how one votes is a secret ballot, under Indiana law, in a primary election, a voter generally asks for a Republican or Democratic ballot. Which ballot you choose is a matter of public record.
City Attorney Chris Greisl, in responding to Weingarten’s letter, cites Indiana’s code as saying Gary Bolenbaugh serving on the police and Mike Peterson with the fire commission are appointees by the city council and, per the statute, are not subject to the political affiliation rules.
As to Babb and Stuart, Greisl says “claimed status within the Democratic party. We are happy to further review any information you provide that would otherwise disqualify members of your party from serving on our local boards and commissions.”
When asked to comment on Greisl’s response to his letter, the Democratic County Chair told LarryInFishers he is not satisfied. “Instead of an excuse and side stepping the questions it would be nice if they followed the law,” Weingarten said in an email message.
“Fairness when it comes to our police and fire departments and the administration of justice to its members is critical to the safety of Fishers residents,” Joe Weingarten said in a Democratic Party news release. “Now more than ever, we must ensure that decisions pertaining to department member discipline, including suspension, demotion and termination, are balanced and made in the best interest of the community.”
Below is the text of the letter sent by Weingarten to Mayor Scott Fadness, followed by attorney Greisl’s response.
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Dear Mayor Fadness;
It has come to my attention that both the City of Fishers Police Merit Commission and Fire Merit Commission are not constituted to meet the requirements of Indiana Code § 36-8-3.5-6.
The current Police board as listed on the cities website lists Mr. Bryan Babb as a Democrat and under the code the “political affiliation shall be determined through the voters’ registration records of the three (3) most recent primary elections” in which each Commissioner voted. Mr. Babb voting record shows that he voted Democrat in 2016 and Republican in 2011 and 2014 primaries and thus cannot be listed as a Democrat. This would result in four of the five members of the Commission to be listed as Republican. Again, under the code no more than three members can be from the same party.
Mr. Gary Bolenbaugh, does not show party affiliation on the website, but voting records show that he has voted Republican in the last three primaries (2016, 2018 and 2019).
On the Fire Merit Commission Mr. Babb is also a member and listed as a Democrat.
Mr. Mike Peterson, does not show party affiliation on the website, but voting records show that he has voted Republican in the last three primaries (2016, 2018 and 2019). Mr. William Stuart is listed as a Democrat but voting records show that that he has voted Democratic in the past three primaries (2014 R, 2016 D and 2018 D). Therefore he can’t be listed as a Democratic member of the Commission. This results in all five members listed with none being valid members of the Democratic Party.
Please inform me when you will take action to replace one on the Police and two on Fire of the Republicans on the Commissions with a Democrat(s).
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Mr. Weingarten:
I am in receipt of your June 18, 2020, letter to Mayor Scott Fadness regarding appointments to the City’s Police and Fire Merit Commissions. In general, whenever a law requires that an appointment to a board be conditioned upon the political affiliation of the appointee, or that the membership of a board not exceed a stated number of members from the same political party, at the time of an appointment, one (1) of the following much apply to the appointee:
(1) The most recent primary election in Indiana in which the appointee voted was a primary election held by the party with which the appointee claims affiliation.
(2) If the appointee has never voted in a primary election in Indiana, the appointee is certified as a member of that party by the party’s county chair for the county in which the appointee resides.
Ind. Code §36-1-8-10(b). Because many Democrats often vote in Republican primaries in Hamilton County, the City annually reviews its boards and commissions to ensure compliance with Indiana law.
Moreover, under Indiana law, Merit Commissions consist of five (5) commissioners to be established as follows:
(1) two (2) persons, who must be of different political parties, appointed by the unit’s executive;
(2) one (1) person appointed by the unit’s legislative body; and
(3) two (2) persons, who must be of different political parties, elected by the active members of the department.
Notwithstanding Ind. Code §36-1-8-10, political affiliation shall be determined through the voters’ registration records of the three (3) most recent primary elections. Ind. Code §36-8-3.5-6.
Please note that both Gary Bolenbaugh (police) and Mike Peterson (fire) have dutifully served the City as council-appointments to their respective commissions, and as such, no political affiliation is required. Both Mr. Babb and Mr. Stuart have claimed status within the Democratic party. We are happy to further review any information you provide that would otherwise disqualify members of your party from serving on our local boards and commissions.
The Commissioners serving both the Police and Fire Merit Commission deal with some of the most sensitive issues that face our City. These public servants will continue to lead and be guided by the only principle that matters – serving the best interest of the City and its residents (not politics).
Please feel free to contact me with any further questions.