Attorney for Regional Sewer Board responds to commissioners action to vacate McFadden's seat

Monday afternoon, June 16^th, County Attorney Sean Surrisi emailed Tom McFadden notifying him of the commissioner's action during their meeting that day.  The email stated, “Today, the Marshall County Board of Commissioners adopted Ordinance No. 2025-16. Thereafter, the Board voted to declare your seat on the Marshall County Regional Sewer District Board of Trustees vacant. The Board intends to consider making an appointment to fill the vacancy at its next meeting on Monday, July 7, 2025.”

Andrew Boxberger, an attorney representing the Marshall County Regional Sewer District Board of Trustees, sent a response back to the county attorney.  The email said, “We acknowledge receipt of your recent communication regarding the attempted removal of Tom McFadden from the Marshall County Regional Sewer District Board (“District”).

As the District previously conveyed, under Indiana law, the appointment and removal of trustees is well settled precedent in Indiana. The County Commissioners do not possess the authority to unilaterally remove a trustee once appointed, as the District is not a department of the County and is a separate body corporate and politic.

Accordingly, we must respectfully inform you that the Commissioner’s action purporting to remove a trustee from our board is not legally effective. The District will not recognize or act upon this attempted removal, as it has no legal force or effect.

We remain committed to transparency and cooperation with all county officials and welcome any further discussion or clarification that may help align the parties going forward.”

During Monday’s County Commissioner meeting, Commissioner Faulstich asked if there has been any indication or willingness to compromise, such as phasing in the project so costs could be managed. He indicated that Mr. McFadden suggested it's all-or-nothing by pushing the project through at once.    

Commissioner Klotz said he could answer the question.  He said he’s spoken with several people, including a member of the regional sewer board.  Klotz said he suggested a compromise, and the board member’s response was, “Don’t you think we should do it all?”  He said that it shows no sign of compromise.

Bohannon said the debate is not about the board in general, but specifically about Mr. McFadden’s leadership.  He went on to say, “What I’ve seen from him since day one. From when he came in to request APRA funds from the council, what I’ve seen from him is not cooperation, it’s not compromise, it is resistance and defiance, and I don’t think that is good leadership.“