A man walks along Indiana Avenue, in front of the Memorial Opera House in Valparaiso Friday July 17, 2020. A plan to use $5.5 million in ARPA funds was given an unfavorable opinion by the state's public access counselor. Staff photo by Andy Lavalley/Post-Tribune
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Porter County’s Board of Commissioners “likely” violated the Indiana Open Door Law for failing to hold public meetings as they hashed out spending for about $16.5 million in American Rescue Plan Act funding last year.
That opinion came from Luke Britt, Indiana Public Access Counselor who responded to a Dec. 20 complaint filed by Susie Talevski, a Porter County resident and an attorney.
She complained two commissioners, Laura Blaney, D-South, and Jeff Good, R-Center, met privately in October with a couple of members of the county council to map out a funding strategy. Commissioner Jim Biggs, R-North, wasn’t present.
“The group making determinations on the ARP funding also should have held meetings publicly as it appeared to be an official decision-making body of the county,” Britt wrote in his opinion.
Biggs cast the lone vote against the plan last year, calling it a “fait accompli” done without public input. He said the action disenfranchised county residents who weren’t given a say in how the money should be spent.
A public outcry followed with some residents complaining about the $5.5 million for renovations to the county-owned Memorial Opera House in Valparaiso.
Blaney defended her record of transparency and said the Opera House renovations would be removed from the plan.
“If I had thought meeting with two of seven councilmen (one from each party) or directing our county attorney to write an ordinance to be considered at a public meeting was a violation of even the spirit of the open door law, it would not have happened,” Blaney said in a statement.
Talevski said the county should scrap its initial spending plan.
“It is clear that Commissioners Laura Blaney and Jeff Good violated the Open Door Law, and thereby, breached the public trust,” she said. “Based on the findings in his advisory opinion, I call on every single member of the Porter County Council to reject the entirety of the ARPA funds appropriations ordinance.”
The commissioners submitted a revised plan to the county council, which approves appropriations. The council could vote on the spending plan at its 5:30 p.m. meeting Feb. 22.
It includes $4 million for stormwater projects along Stimson Ditch and the Shorewood subdivision drainage system; $25,000 for a mental health study; $785,000 for court and jail improvements; $2.5 million for completion of the Marquette Trail; $150,000 for upgrades at the Indiana Dunes Welcome Center.
Also, $500,000 to townships for assistance to residents or small businesses and nonprofits impacted by the pandemic; $1 million to the Porter County Redevelopment Commission to assist small businesses and $1.2 million for eligible county workers who would receive $4,000 in premium pay.
The county commissioners are expected work on a spending plan for the second ARP fund distribution of $16.5 million soon. The county’s website includes a page detailing the projects and accepts public input.
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