La PORTE — The La Porte County Board of Commissioners met in a virtual format on Wednesday night, but not without dissent from some elected officials.
Board president Sheila Matias announced Tuesday that all county boards, commissions and committees will meet remotely via Zoom until COVID-19 positivity rates fall and the risk of in-person meetings decreases.
La Porte County – and all of Indiana – is in the red level for COVID spread threat risk.
Commissioner Joe Haney, however, questioned the legality of the remote meeting.
“Per county resolution 2021-7, it requires 50 percent of the members to be physically present and we do not have a quorum as there are not at least 50 percent of the body present physically,” said Haney, who was seated at his desk in the La Porte County Complex meeting room.
In addition to Haney, more than a dozen other members of the public gathered in the complex meeting room and logged into the Zoom meeting from their own devices.
Commissioner Rich Mrozinski, who moved to ratify Matias’ directive on remote meetings, said the meeting was allowed under IC Code 5-14-1.5-3.7.
“Consistent with the governor’s emergency order that allows public bodies to meet virtually, and with the greatest risk of infection coming from larger groups being with extended periods of time inside, I’m moving that we retroactively ratify on the record our commission president’s directive that all county meetings be held virtually until positivity rates decline, which means until we are not in the red,” Mrozinski said.
County attorney Shaw Friedman added that Gov. Eric Holcomb’s public health emergency overrides the local resolution.
“I had various communication with Mr. Haney on Saturday and tried to reassure him that this meeting is perfectly legal and appropriate. Resolution 2021-7 was adopted to gather in virtual meetings once the public health emergency issued by the governor ends.
“Until the public health emergency ends, as declared by the governor, this board like other governmental bodies – such as the city of La Porte, the city of Michigan City – is able to meet completely virtually as a result of the state law signed by the governor,” Friedman said.
“Bottom line ... a local resolution does not trump state law.”
Matias and Mrozinski voted in favor of the motion and Haney abstained. Haney also abstained from every other vote at the meeting.
Prior to Wednesday’s meeting, county Auditor Tim Stabosz also declined to participate, also stating the meeting was in violation of the commission resolution.
“As the duly authorized clerk, under the Indiana Code, to the Commission, the Auditor is of the legal opinion that he is unable to attest or certify that any actions taken by the Commissioners at such meeting are lawful, and he will not legitimize such a meeting,” Stabosz said in a statement.
“The Auditor also expresses his grave concern that if Commission President Matias is so willing to flout policies that state law requires the Commission, as a whole, to both establish, and follow, what confidence can we have in the rule of law, generally, in LaPorte County, with Commissioner Matias at the helm?” Stabosz added.
Matias said the purpose of a virtual format was to try to protect the public from COVID-19 virus spread.
“This is a short-term issue. Some of the charges that I’m hearing tonight, it sounds like we’re trying to squelch people. I’m hoping this is the one meeting we have to do virtually,” Matias said.
Members of the La Porte County Council were among those present at the county complex.
Councilman Mark Yagelski reminded the commissioners of Monday’s La Porte County Council meeting, which will include a presentation on a proposed Public Safety Local Income Tax.
“We have a tax increase that’s prevalent that I believe the citizens of La Porte County need to speak up about. I do not believe that it’s legal to hold our meeting hostage.
“I do believe it is our obligation for the citizens of La Porte County … to hold our meeting Monday without any interference of the commissioners,” Yagelski said.
Councilman Michael Rosenbaum echoed Yagelski’s request that the council meeting be held in person.
“Allow us to do it. We can social distance. We open up the gate of the wall ... we’ve done this before. We spread out, we put the seats out six feet apart.
“There’s a very big discussion on how to raise funds for safety – for EMS, for fire and for the Sheriff’s Department and police departments. That is a huge discussion,” Rosenbaum said.
He also requested that equipment that had been removed from the complex meeting room be returned.
“I also wanted to share a picture here of what has happened in the meeting room where the computer and all sorts of equipment are hooked up to the meetings so that it can be taped from here and run from here.
“They have been ordered to be removed or updated in an untimely fashion or manner to try and prevent anybody from attending a meeting in this room,” Rosenbaum said.
Mrozinski, at the end of Wednesday’s meeting, asked that the commissioners reach out to the council to determine how Monday’s meeting will be held.
By Thursday afternoon, an agenda for Monday’s meeting was posted stating that the County Council meeting would be in a hybrid format.
The agenda stated the council wishes to hold attendance to essential people only. The meeting will have limited seating for the public and department heads to maintain social distancing.
Individuals who can use Zoom are encouraged to attend the meeting virtually to free up space. The agenda also requested that individuals who are not on the agenda attend by Zoom.
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