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 Post subject: Federal Judge on Lake County Corruption + Opinker
PostPosted: Sun Dec 20, 2015 10:44 am 
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Judge rules against five Lake County officials in challenge to anti-corruption law





HAMMOND, Ind. (AP) - A federal judge has ruled against five Lake County municipal officials in their attempt to avoid an Indiana law barring municipal employees from holding elected office in the same city or town.

The 2012 law goes into effect next year. U.S. District Court Judge Philip P. Simon ruled in favor of the law last week, saying the state “has an important and compelling interest in avoiding corruption or the appearance of corruption.” Simon said the law doesn’t impose unconstitutional burdens on the five officials.

"It strikes me as entirely reasonable for the General Assembly to have wanted to avoid a situation where elected officials are allowed to feather their own nests,” Simon wrote in his opinion.

Those involved in the challenge to the law are Hobart councilman Matthew D. Claussen, New Chicago councilwoman Susan Pelfrey, Hammond councilman Michael Opinker, Hammond councilman-elect Scott Rakos and East Chicago councilman Juda Parks. Simon’s ruling would force them to resign from their jobs as municipal employees.

Indiana Attorney General Greg Zoeller said in a news release that the state Legislature “has firmly drawn the line at serving in no more than one position in a municipality at a time and the court has upheld that statute.”

“Serving in municipal government is a privilege and should not be primarily about the financial reward; and there are many ways that civic-minded people can serve their communities and neighbors in nongovernment capacities,” Zoeller said.

Adam Sedia, an attorney for the five officials, said Thursday his clients were considering their options. That includes appealing in federal court, pursuing new claims in a state court, and filing for an injunction to forbid the law from removing them as employees while litigation is ongoing.



Posted 12/8/2015

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


Last edited by justcallmetommy on Sun Jul 10, 2016 9:27 am, edited 1 time in total.

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 Post subject: Re: Federal Judge on Lake County Corruption
PostPosted: Mon Dec 21, 2015 6:51 am 
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s there a single Lake County public employee who hasn't told the electorate that they aren't in it for the money, but for the love of serving their city, town, or the children? To hear them talk, they all grew up wanting to be election judges, county clerks, home inspectors, or some other type of fungible bureaucrat--to Hell with doctors, nurses, architects, etc. Ever since they were knee-high to their Democrat precinct committeeman they wanted to get into public life and help the people. How is it that after several years in office that they are so willing to sue to take money out of the pockets of those "who can least afford it"?


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 Post subject: Re: Federal Judge on Lake County Corruption
PostPosted: Sat Jan 02, 2016 6:10 am 
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The four Lake County politicians who's efforts to challenge Indiana's ethic law, denying them to double dip at the public food trough, lost the federal court challenge, U.S. District Chief Judge Philip Simon last month dismissed their case. So what did they do?

They found a judge, some say a political hack, who gave them a temporary restraining order. LC Circuit Court Judge George Paras, last Wednesday granted an order barring the state's enforcement of the ethics law.

Zoeller gave warning, the statute allows his office to seek triple damages to the law violators.

One of the individuals appealing, sitting on the Hammond City Council, despite earning over $110,000 a year, had to file for bankruptcy.

Zoeller is contemplating a change of judge and venue. Sedia, the attorney for the 4, stated seeking a change of venue is rather insulting to the judges in Lake County.

As to Lake County judicial impartiality, well, we can just look back at some recent ruling involving a Hammond Mayoral candidate, Janic. Janic's candidacy was challenged and in a LC court ruling found he couldn't run for the mayoral position. The LC ruling was so quickly overturned and then monitored by the Indiana Supreme Court, that the ruling set precedence.

http://indianaeconomicdigest.com/main.asp?SectionID=31&SubSectionID=198&ArticleID=82436
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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


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 Post subject: Re: Federal Judge on Lake County Corruption
PostPosted: Sat Jan 02, 2016 10:13 am 
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Location: Hammond
They want their cake and eat it too, but they will be left with nothing. Scotty used his brain, and retired from FD.


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 Post subject: Re: Federal Judge on Lake County Corruption
PostPosted: Sun Jul 10, 2016 9:25 am 
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Image


How many paychecks does a connected politician, city employee need?

Well a local home grown landlord, real estate sales person, Hammond city fire inspector, city council person and god only knows what other jobs, commissions Mike Opinker holds, earns $125,000 off the teat of the Hammond City Tax Payer, along with another $30,000 as a sitting city council member, plus rental and real estate income, pegging that annual pay check near $225,000 plus? Almost the same money Bobbie Cantrell was earning before he went to jail.

The law passed by the Indiana Senate & House, signed into effect by the governor confirmed a conflict of interest exist if a municipal/city employee is elected to the city/municipal government and gets to vote on their own salary. Sounds reasonable, right?

But, Mike Opinker found fault with the argument, relying on a city councilman's salary alone would limit his ability to support himself, so the argument presented my Opinker's lawyer.

Well, few know, Michael Opinker, had difficulty support himself and in 2009 filed for bankruptcy in the Federal Bankruptcy court, not being able to meet their fiscal obligations, but yet competent to vote on a Hammond City Budget. (Somewhere on this site there is more detailed information on his bankruptcy proceedings).

Quote:
Bankrupt Report
Michael Opinker Case: 09-25015-jpk CH: 7
Filed: November 20, 2009
Discharged: February 24, 2010
Address: 32XX 173rd St Hammond, IN 46323

So, Opinker, and a few other greedy city employees/politicians appealed the law, and a federal judge in Hammond's 7th Circuit Court of Appeals upheld the law, but yet Opinker and the Deuces didn't like the federal judges decision and are appealing the appeal.

Indiana Attorney General Greg Zoeller has said the law ensures local government can't be corrupted by public employees with the power to give themselves raises at the public's expense.

Zoeller said earlier, "We respect the plaintiffs' service in their municipal governments; but the Legislature has firmly drawn the line at serving in no more than one position in a municipality at a time, and the court has upheld that statute. Serving in municipal government is a privilege and should not be primarily about the financial reward."

Whats wrong with this? Opinker is earing $125,000 a year, salary increases he's voted on himself.... in a community where the average income for a family of 4 is $38,000.

Opinker's view point on this is he can't support himself on the Councilman's salary. THEN OPINKER GIVE UP THE COUNCILMAN POSITION AS VOTING ON YOUR OWN SALARY SMELLS LIKE 5 DAY OLD FISH.

Opinker and the law suit challenging the law stinks!

650

http://www.nwitimes.com/news/local/govt-and-politics/how-many-paychecks-can-local-officials-draw/article_cbed350c-1c4e-58aa-81cb-e475101eb592.html

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


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 Post subject: Re: Federal Judge on Lake County Corruption + Opinker
PostPosted: Sun Jul 10, 2016 9:35 am 
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Now a little side note? One indication of the fix being in, at least on local county politics level, (one such example)... I always thought Paras did a lot of heavy lifting for Lake County and its political corrupt heavy weights like Thomas McDermott Jr.

Now Jr can roll over and have pillow talk with the judge, if he happens to be in the same bed. Referencing Marissa McDermott winning the primary for Para's judgeship.

"Lake Circuit Court Judge George Paras on Wednesday granted a temporary restraining order barring the state from enforcing the law against Hobart police officer Matthew Claussen, New Chicago Water Works employee Susan Pelfrey, Hammond Chief Fire Inspector Michael Opinker and East Chicago police Officer Juda Parks. The ruling means the four can — for now — take their seats on the town and city councils in the same municipalities that employ them and receive paychecks for both roles."

The plaintiffs claim that the statute violates their rights to free speech and equal privileges and immunities under the Indiana Constitution.

All four would resign their council seats if re-election meant they would be divested of their municipal jobs, according to court records.

IN ALL OF INDIANA, THE FIVE LAKE COUNTY CITY EMPLOYEES AND POLITICIANS ARE THE ONLY ONES TO PUBLICLY CHALLENGE THE CONFLICTS OF INTEREST LAW PASSED IN 2012. FUNNY SIDE NOTE: THEY FILED THEIR LAWSUIT IN STATE COURT AFTER U.S. District Chief Judge Philip Simon dismissed their case but declined to rule on their state claims. THEIR ATTORNEY FILED AN PENDING APPEAL IN FEDERAL COURT.
http://indianaeconomicdigest.com/main.asp?SectionID=31&SubSectionID=198&ArticleID=82436

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


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