A legal victory by Hamilton County last Friday will help ensure supervision and accountability for services provided to veterans. At issue is who is responsible for supervising Veteran Service Officers (VSOs), and thus who is accountable to veterans when a VSO’s actions cause veterans harm.
Individual counties hire and pay VSOs. They are not technically county employees, but they report to the Indiana Department of Veterans Affairs (IDVA). Thus, Hamilton County asked the court to clarify who supervises VSOs.
A Marion Superior Court ruled Friday that the Director of the IDVA holds a statutory responsibility to supervise county VSOs, a duty crucial for safeguarding the welfare of veterans.
VSOs are appointed to a four-year term. According to court documents, in 2019, Hamilton County terminated its VSO’s remaining appointment due to “ongoing performance issues.” Among other things, that person had not been filing monthly claims for disability claims for local veterans.
While IDVA notified Hamilton County of the problem with this VSO which led to her termination, the state’s Director of Veterans Affairs also claims to not be responsible for supervising county VSOs.
Hamilton County Attorney Connor Sullivan told The Reporter that this lawsuit began as Hamilton County Commissioners’ attempt to be proactive in determining who would be responsible if any local vets had suffered financial hardship.
Commissioners told the IDVA that if the responsibility fell on the county, the county would pay it, and if the responsibility was with the IDVA, the county would be willing to pay half the cost of making local veteran financially whole.
“At the end of the day, the commissioners’ main goal was to make sure that every veteran got everything that they were they were entitled to,” Sullivan said. “The state did not see it that way. I think they were going to wait to see if someone were to come at them and say, ‘hey, you owe us money.’ The commissioners wanted to be proactive on it.”
The court decision reads in part, “Here, the Plaintiff sought the assistance of the Defendant in dealing with a problem that might well occur again in another county and affect other Hoosier veterans in the future. If the Indiana Department of Veterans Affairs does not exist to perform this task, then one might reasonably question its purpose.”
The court’s findings emphasize that while VSOs are county employees, their supervision is a statutory duty of the state’s Director of Veterans Affairs, as mandated by Indiana Code 10-17-1-9(c)(3).
Heirbrandt
“This decision is vital for our veterans who rely on competent and timely assistance to receive their benefits,” Hamilton County Commissioner Mark Heirbrandt said. “This ruling ensures we can better support the heroes who have served our country. It is a step forward in providing the accountability and oversight necessary to prevent any future lapses in service that could negatively impact our veterans’ lives.”
Hamilton County remains committed to advocating for its veterans and ensuring they receive the benefits and support they deserve. The County will continue to work closely with the IDVA to implement the court’s decision and enhance the services provided to its veteran community.
The full court ruling can be found tinyurl.com/bddw8u2f.