M.C. Regional Sewer Board's attorney comments on statement at commissioner's meeting Monday

Christopher Nusbaum, attorney for the Marshall County Regional Sewer District, sent GIANT fm WTCA a statement about a comment made during the County Commissioners meeting on Monday.

County Commissioner Adam Faulstich asked how much the sewer board had spent when the commissioners asked them to consider stopping spending money in January. Commissioner Jesse Bohannon said it was $560,000.  At the end of May, their expenditures totaled $1.1 million since the beginning of the project. 

The Regional Sewer Board’s attorney stated: “Today at the Commissioners meeting, a comment was made by a Commissioner that in January a request was made to the District to ‘stop spending money’.  Please note, to date, the District has yet to have any communication from any of the Commissioners, and the District is not aware that any current Commissioners have attended a meeting of the District.  The District has invited the Commissioners to the District’s meetings, as was done in a June correspondence; instead, the Commissioners decided to resort to litigation.”

The letter follows:

MARSHALL COUNTY REGIONAL SEWER DISTRICT

                     June 13, 2025

Marshall County Board of Commissioners                               112 W. Jefferson St., Room 205                                   Plymouth, Indiana 46563                                           Telephone: (574) 935-8555

 RE: MARSHALL COUNTY REGIONAL SEWER DISTRICT

 Dear Commissioners:

The Marshall County Regional Sewer District (the “District”) is in receipt of your June 2, 2025 letter, which includes, among other items, a proposed ordinance (the “Ordinance”) asserting the Commissioners’ authority to remove members of the District’s Board. The District has reviewed your correspondence and submitted it to legal counsel for further analysis.

Enclosed is a memorandum outlining our counsel’s review and legal assessment of both the Ordinance and the actions taken by the Commissioners. In short, it is our opinion that the Commissioners do not possess the authority, statutorily or otherwise, to remove a District Board member prior to the expiration of that member’s fixed term. The District is a separate and independent municipal entity. It is governed by Trustees appointed for defined terms as set forth in its original formation documents. This structure is not subject to unilateral modification by the Commissioners.

As you are aware, the purpose behind the establishment of the District is to provide safe, potable water and to protect the environment by eliminating inadequate septic systems and constructing a sanitary sewer collection system to transport and treat sewage within the District. In doing so, the District remains committed to pursuing these goals in a fiscally responsible and efficient manner, mindful of the financial impact on residents and ratepayers.

We invite you to attend an upcoming District meeting to see firsthand how we strive to fulfill this mission for our shared community. The District meets on the second Wednesday of each month. The next regular meeting will take place on July 9, 2025, 9:00 AM, at the Marshall County Building, Room 203. Please let us know if you are available to attend that meeting, or another in the future, so that we may arrange a time for you to appear.

We look forward to continuing to work with you on our shared purposes in service to our community.

                     Sincerely,

                     MARSHALL COUNTY REGIONAL SEWER DISTRICT

                     Tom McFadden, President

cc: Sean M. Surrisi, Esq.

Andrew D. Boxberger, Esq.

Christopher N. Nusbaum,

Esq. Brendan C. Ruff, Esq