The Lake County Council is planning to discuss the 1 percent county option income tax today, It is not starting off on the right foot.

First, and most obvious, the council membership includes convicted felon Will Smith Jr. State law saws Smith became ineligible for public office upon his conviction. So why is he still on the council?

And won't his participation in the income tax debate -- especially if he votes -- create a perfect opportunity for a lawsuit challenging the validity of the council's decision?

The county spends enough on attorney fees already without making foolish decisions that are so likely to prompt a lawsuit that the county will lose.

Smith should have had the decency to resign, but since he apparently cannot be shamed into doing what's right, Indiana Attorney General Steve Carter and Lake County Prosecutor Bernie Carter should seek a court order to remove Smith from the council.

But Smith's continued participation is not the only thing the council is doing wrong. It also is opening the income tax discussion without allowing public input.

Highland Clerk-Treasurer Michael Griffin had planned to make what Merrillville Town Manager Tim Brown referred to as "a very important, concise and worthwhile PowerPoint explanation of the 1 percent income tax and its effect on the town of Highland and other communities of Lake County."

Griffin planned to make the case for south county communities in 30 minutes. He has since been taken off the council's agenda.

The council should be wary of approving the income tax with its flawed distribution formula that rewards bad behavior by taking from the southern communities and giving to the spendthrift northern communities.

Approving the income tax without that distribution formula being changed first will be inviting a costly lawsuit from disadvantaged residents in south Lake County.

Sen. Luke Kenley, chairman of the Senate Tax and Fiscal Policy Committee, has said he's not averse to changing the distribution formula next year. Adopting the tax this year would be a sign of good faith, he said.

The General Assembly provided the county an incentive for approving the tax. Unless it does so, the amount of property tax raised by units of government in the county -- excluding schools -- will be frozen.

From a taxpayer's standpoint, that's not such a bad thing. Let the government learn to live within its means.

The County Council needs to take a pass on this income tax and work on getting its act together first. Think it through, get the felon off the council, and eagerly invite public comment.

This decision is too important to foul it up.