The Town of Argos plans to re-do a vote taken last month to determine who fills a vacancy on its Town Council.
During their November 18th meeting, the Argos Town Council took a vote to break a tie between incumbent Dustin Johnson (D) and Randy Snead (R) following the General Municipal Election. The Marshall County Clerk’s office notified the town of the need to break the tie after certifying that one had indeed taken place.
Town Clerk Patty Jones described how the vote was taken.
“It was taken as a secret ballot, a paper ballot, and then the Town Attorney Derek Jones read the names of the candidates,” says Jones.
Following discussions surrounding the procedure with the Indiana Public Access Counselor According, Argos Town Attorney Derek Jones says this is not a proper method of conducting a vote.
The Indiana Open Door Law indicates that” the governing body cannot vote by secret ballot” during a meeting of the body. The Open Door Law does not necessarily require votes to be taken in a certain way so long as it’s not taken by secret ballot.
Due to the alleged violation, the Argos Town Council must now vacate their previous vote allowing Dustin Johnson to return to the board. A voice vote will then be taken during a Special Meeting on December 23rd to finalize a decision.
Patty Jones says she requested that the Public Access Counselor expedite any recommendations regarding the situation.
“I think it was, how do I say it, it was encouraged that we go through and do it this proper way and get it right,” says Jones.
There is no indication that the candidate selected during the first vote will necessarily change.
The Argos Town Clerk’s office will be in communication with the Marshall County Election Board once the change in procedure has been made. The Town of Argos has until the end of the year to finalize a candidate selection.
