07/30/2024
Our Prosecutor in Washington County does not have an official email. I sent a copy to the County Auditor asking that she forward it to the Prosecutor. If not, Tara can read it right here.
Dear Prosecutor,
I've contacted the Indiana Attorney General Rokita and was told that I needed to contact you because you are responsible for correcting these Indiana Code Violations by the County Zoning and County Commissioner Attorneys.
Whether that be by criminal prosecution or reporting ethical violations to the State Bar, these county attorneys are intentionally violating Indiana Code.
For example, attached is Lisa Fleming's response to conversations we had with her concerning unlawful board membership. She is aware of the law, but chooses not to follow it which denies our citizens due process under the law.
I have attached the papers from Lisa Fleming, the Zoning Board's Attorney, that supports my complaint below.
My complaint is that the Washington County Commissioners and their Planning and Zoning Board along with their board of Zoning Appeals is actively denying due process to the citizens of Washington County through multiple Indiana Code Violations.
First, IC 36-7-4-905 – No member of the BZA can hold elected office. The County Commissioners appointed Commissioner Todd Ewen to the BZA, and he served and voted on an April BZA Hearing.
IC 36-7-4-902 – Only 2 of the 5 BZA citizen members can also serve on the county Planning Board. Commissioner Ewen, Lori Gilstrap, and Marsha Dailey make up 3 members from the Planning Board.
IC 36-7-4-208 – No more than 3 Citizen members from the same Political party
Party affiliation for Board Appointments is determined by IC 36-1-8-10.
IC 36-7-4-216 – Citizen members must own property or reside within the jurisdiction of the board.
IC 36-7-4-601 – Salem has exclusive jurisdiction over the geographic area of the 2-mile fringe claimed on the zoning map. There is only 1 place in Indiana with joint district planning and that is not in Washington County.
The Zoning Board Attorney has provided proof of unlawful board membership and has acknowledged 4 Board members are all qualified to be republican appointees which is 1 more than the law allows. I have discussed IC 36-1-8-10 with her, but she chooses to disregard the Indiana Code which was just revised this last legislative session to start requiring 2 Primary participations to determine party affiliation.
We have confirmed the data from the county voting history records and the county GIS mapping system to prove that Andrew Katt and former members Mark Hartmann and Tom Day all did not own nor reside within the jurisdiction of the board.
The County had full knowledge of IC 36-7-4-216 jurisdiction of Board requirements because the original lawyer – Thomas Scifres, had to replace 2 illegal members back in 2010 to keep from losing their first $60,000 grant to start zoning.
The Zoning board is currently on track to receive a $76,000 grant to codify ordinances written with unlawful members over at least the last 6 years and as well as redoing the County’s Comprehensive Plan with a currently illegal board. Like in 2010, this illegal board should disqualify our County from receiving this grant because of Indiana State Code violations that have kept legitimate Board appointments from participating and denying due process to the citizens of Washington County.
Also, we have video footage of both a county commissioner meeting and zoning board meetings in which I have pointed out and given state codes explaining their unlawful membership and it has only gotten worse.
Thank you for your time. Let me know if there are any questions or concerns you may have.
