Friday, December 2, 2016

12022016 - News Article - Editorial: Indicted 3 need to take leaves of absence



Editorial: Indicted 3 need to take leaves of absence
Post-Tribune
Post-Tribune Editorial Board
December 02, 2016 


The Constitution implicitly guards against government abusing citizens with the power of courts by guaranteeing presumption of innocence.

It's an old Common Law standard and not a figurative protection.

Evidence is tested and judged in open court proceedings before citizens are held accountable. Guilt must be proved, not assumed. Not every country grants this protection. In some nations — China, for example — the defendant must prove innocence.

For all those reasons, the three Lake County senior public officials indicted in November for public corruption and bribery cannot only post bond and be released from jail but also keep functioning in their careers.

Sheriff John Buncich, Chief Deputy Tim Downs and Portage Mayor James Snyder are free to conduct their lives until a court says otherwise.

But for the good of those they have sworn to serve, all three should step away from their jobs and take a leave of absence. At the very least, they should turn the authority of enforcing the law and managing a city over to others until charges are proved or disproved.

Such a move does not require they admit guilt, but only acknowledges that leadership imposes higher duties of service.

Besides the law, implicit common sense and human nature standards apply. Those who come before all three on official business – professional colleagues or average residents - have reason to doubt them. Citizens have some right assume their servants are focused on the job, not preparing their court defense.

We do not presume the three are guilty but we do know they have damaged reputations.

Pretending as if nothing has happened that changes the nature of their jobs would be ridiculous. A sheriff and chief deputy cannot inspire confidence in the officers they lead. They cannot stand before their officers, look them in the eye and challenge their pride in upholding the law.

A mayor charged with corruption cannot address civic issues and conflicts by claiming the higher moral ground of leadership.

Both the sheriff's department and Portage city government have business to conduct and issues to resolve. Much of that management can't be put aside in the months while Buncich, Downs and Snyder prepare to defend themselves in court.

The only rational solution is for all three to step down momentarily, keep their pay and titles, but turn over duties to others who have the skill and focus to perform them.

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