CROWN POINT | The Indiana attorney general and Lake County prosecutor said Wednesday they have no legal authority to remove from office a county councilman found guilty of tax fraud.
At least not yet.
Attorney General Steve Carter and Lake County Prosecutor Bernard Carter said a flaw in a 2005 state law intended to force public officials out of office upon criminal convictions keeps them from removing Councilman Will Smith Jr.
But both prosecutors urged Smith, who was found guilty in federal court in September of filing a false tax return, to resign immediately. They also asked Smith's fellow public officials to censure him.
"Does the (county) council really feel it is necessary for them to continue to allow this individual to serve and continue to use taxpayer funds to support that service? It certainly is legally questionable," Steve Carter said. Bernard Carter concurred.
Steve Carter said he won't question the validity of any of the council acts since Smith's conviction -- particularly his crucial vote Monday to enact a county income tax -- but said others should.
"It is certainly a question the council should be thinking about," Steve Carter said.
Smith couldn't be reached Wednesday afternoon for comment. He is scheduled to be sentenced Jan. 9.
Steve Carter said he sought legislation in 2005 to force a public official out immediately after a guilty plea or verdict because he was shocked by East Chicago officials who remained in office after they were found guilty of misappropriation of money in the sidewalks-for-votes scandal.
The attorney general said such a law passed, but its effect was unintentionally nullified by another bill that retained the older rule of leaving a convicted public official in office until sentencing.
Council President Elsie Franklin, D-Gary, said she cannot afford to lose Smith.
"I need his expertise and dedication," she said.
She said the County Council's attorney, Ray Szarmach, assured her there is no legal basis to challenge Smith's votes.
Councilman Ted Bilski, D-Hobart, said the moral authority for censuring Smith rests with his constituents.
"It's the people who elect officials, not other officials," Bilski said.
