Washington County Judge Larry Medlock found on Friday that the Clark County Commissioners did not have the authority to remove all three members of a fire board when they recently voted to do so. It came after hearing arguments for several hours.
Just after his ruling, the Utica Township Fire Protection District board took an anticipated vote to approve the territory, which advocates say will bring much-needed service to the area.
“I feel good for the citizens of Utica Township,” Joe Jarles, president of the Utica fire board said after the vote. “They've waited a long time for fire protection, and we're on the road to having that now.”
Jarles and members Randy Leverett and Kelly Khuri filed a lawsuit last week after the Clark County Commissioners voted unanimously to unseat them one day before they were expected to vote with Jeffersonville on the proposed fire territory.
They argued in court filings that they were removed without cause and asked a judge for a preliminary injunction and emergency hearing in hopes of being found as valid members in time to vote for the territory before the end of the month deadline next week.
They also asked for declaratory judgement in the case, which Medlock approved Friday.
He said that while both sides did a good job and that there were important factors to consider from both, he found the commissioners did not have the authority to remove them.
“They were removed for doing their job, in my opinion,” Medlock said. His ruling made the issue of a preliminary injunction moot.
The Jeffersonville City Council voted 8-1 on final vote to approve the territory at a special meeting Thursday, in anticipation of a positive outcome for the Utica board members’ hearing Friday. One member was absent, and council member Scott Hawkins was the only no vote.
The territory would levy taxes to bolster fire service to Jeffersonville, Utica and Utica Township. It would also include EMS service. Clark County government currently has a contract to provide EMS to the county. The territory plan has been criticized by leaders from other localities who say it would take big chunks out of their tax revenue.
Clark County Commissioners President Bryan Glover previously told LPM News the board removal was to prevent the territory from going into effect, and that the commissioners believe they removed the members lawfully.
Talks for the fire territory came as the criminal investigation of former Clark County Sheriff Jamey Noel escalated last year, prompting local leaders to rethink emergency services. Noel previously oversaw EMS service to much of Southern Indiana, and fire service to some areas. He’s currently serving a prison sentence including for theft and tax evasion.
An attorney for the commissioners filed a response to the court complaint this week, which included concerns lawmakers and other leaders had voiced in recent public meetings.
It pointed to the harm they say the fire territory would create. Records show that includes an estimated $4.5 million loss over three years to Clark County government revenue. Other taxing authorities, like municipalities, would see losses too, according to estimates from financial analysis.
Local leaders spoke out against the plan as written at recent public meetings required as part of the fire territory adoption.
The response includes previous statements from Clark County Commissioners President Bryan Glover, who said there should be a more efficient way to provide fire service to Utica than the fire territory plan and its estimated financial impact.
The Utica fire district has been in an interlocal agreement with Jeffersonville since last year for fire service, which is conditional upon creating the fire territory. The plaintiffs have argued that without the territory, the area will be left without proper services.
The commissioners previously asked for a change of judge and raised that again in court Friday. However it was the first appointed special judge, Medlock, who proceeded over the hearing. He has also presided over Noel’s criminal case and other cases related to the investigation.
The fire territory plan will have to be approved by the Indiana Department of Local Government Finance.
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