03112005 - News Article - Bill to oust convicted public officials altered

Bill to oust convicted public officials altered

Post-Tribune (IN)
March 11, 2005

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A bill aimed at ousting convicted city councilmen and other public officials may be one of the most hotly debated bills of the session, as House Republicans included a provision for a new state inspector general. 

The bill by Sen. Frank Mrvan, D-Hammond, would require elected officials to be removed from office after they are convicted of a felony. 

Mrvan sponsored the bill after East Chicago City Councilmen Joe De La Cruz and Frank Kollintzas remained on the City Council after being convicted in November as part of the 1999 "Sidewalk Six" scandal. 

They continued to have their legal bills paid by the city from a controversial ordinance, while their attorneys argued that they did not have to step down under Indiana law until after they were sentenced. 

"This is not a theoretical issue. They remained in office, holding a position of public trust over three months," said Attorney General Steve Carter, testifying for the bill in the House Judiciary Committee. Cater is part of a civil lawsuit to recover more than $20 million lost in the 1999, preprimary scandal. "Lake County is angry and they want this stopped," Mrvan said. 

The bill passed 7-5 along party lines, but not before Speaker of the House Brian Bosma asked the committee to add language creating a permanent inspector general within the governor's administration. 

The key piece of Gov. Mitch Daniel's legislative package had died last week along with a raft of other legislation when Democrats walked out of the chamber. 

Labeling the bill a power grab by the new Republican governor, Democrats listed the inspector general legislation as one of the reasons for their walkout. 

They continued to argue that the new office would give the administration sweeping authority, by allowing the inspector general to ask a judge for the power to prosecute a criminal case. 

Monday, Democrats sounded a note of compromise, Rep. Win Moses, D-Fort Wayne, suggested language in the bill should mirror the existing special prosecutor statute, which allows a judge to select a special prosecutor from a list candidates. 

The judge may or may not pick the inspector general. "If that change would help, I would be open to it," Bosma said, saying the Republican majority will continue to work with the minority Democrats. 

The bill now moves onto the House floor. 

Caption: "Lake County is angry and they want this stopped." -- State Sen. Frank Mrvan(PHOTO)