On Monday, the Marshall County Commissioners appointed a new representative on the Regional Sewer District Board to replace the initial appointee, Tom McFadden.
At the beginning of the Commissioner’s meeting, Commissioner Jesse Bohannon asked to amend the agenda and add their appointment to the Marshall County Regional Sewer Board. This recommendation passed with all three commissioners voting in favor.
During County Attorney Sean Surrisi’s report, he discussed the lawsuit filed on July 7th to determine if the commissioners have the power to replace McFadden without cause. Surrisi said they are waiting on the Elkhart County Clerk to sign the summons so it can officially be served to Mr. McFadden. The county attorney said once served, McFadden will have 20 days to respond. The Elkhart County Court has scheduled a preliminary conference for September 10th.
Before the conclusion of the meeting, the County Commissioners appointed Bill Woodward to be their new representative on the Regional Sewer District Board of Directors, replacing Tom McFadden.
Commissioner Jesse Bohannon asked the county attorney if the foundational document creating the Regional Sewer District stated that vacancies on the board would be the responsibility of the appointing authority within 45 days, and Attorney Surrisi confirmed his statement.
Woodward will begin attending the sewer meetings, but was told by the commissioners not to cause any conflict with the existing operation of the board.
Commissioner Adam Faulstich said, “To ensure order and discipline with the new appointment, for the next meeting and future meetings, I would like to empower our court security Sheriff’s deputy with the ability, should he need it, to remove people if they are being disorderly and non-compliant.
Commissioner Stan Klotz said they already have that ability. He said it’s typically the board president who would make the request.
Commissioner Bohannon said Mr. Woodward will take the oath of office once the paperwork is signed, which could create additional complications for the Regional Sewer District Board. He said, “Once sworn in, our opinion is that you are a member of the trustee board.”
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