Comments on Advance Indiana™: If Charlie White Had Only Been A Resident Of Lawrence County

C'mon Paul, saying a politician "did the ...

2012-07-13T04:09:49.746-05:00

C'mon Paul, saying a politician "did the work" is a bald-faced fantasy in most cases. Better perhaps to say "he showed up when he was supposed to", if he did, that is. If politicians "did the work", the various levels of government would most certainly perform better.

Gary Welsh is exactly right as was the Fishers cit...

2012-07-12T19:27:11.249-05:00

Gary Welsh is exactly right as was the Fishers city attorney. The worst charge of all the bogus charges against White was the "theft" charge. He did the work...you have to pay him. Period. Indiana law is crystal clear on that subject. You don't pay him and you end up paying him his salary times three and his attorney's fees. I know...I litigated that issue with the Marion County Coroner when the Council thought they could choose not to pay him for work.

The theft charge against White should have been dismissed by the trial judge and never been allowed to go to trial.

First of all, White always resided in Fishers at a...

2012-07-12T15:27:56.001-05:00

First of all, White always resided in Fishers at all times, and he was elected at large. The question was whether he still resided in the district in which he was initially elected. Ferrel never lived within the municipal boundaries of the city. He was never eligible to hold the office. He was initially paid his salary until the problem was discovered and then the city started withholding his pay, apparently thinking that would cause him to quit. He wouldn't resign, and neither the city nor the prosecutor took legal action to officially remove him from office. The Fisher's city attorney took the position that White was not required to pay back salary he had already been paid, citing case law that he still held office under color of law up to the time he resigned from the council. That position is supported by long-standing case law in Indiana. White was not removed from his council seat; he voluntarily resigned. White was prosecuted nonetheless for theft, even after he repaid the salary that he was under no legal obligation to repay.

White was removed from his seat by law. The ordin...

2012-07-12T14:45:57.214-05:00

White was removed from his seat by law. The ordinance in Fishers stated that the council member was removed when he left the district.

Are the situations exactly the same? I'm not s...

2012-07-12T13:35:55.252-05:00

Are the situations exactly the same? I'm not so sure. Did the Mitchell councilman intentionally mask his domicile (that being fraud)?

He wasn't ever paid, the Fishers guy was, and was found to be acquiring such pay by fraudulent means in a court of law (that being theft).

If every poor sap who got caught cheating (or breaking the law) was able to get a "Get Out Of Jail Free" card if they promised to pay back their ill-gotten gains, then would there be any need for white collar prisons today?