PLYMOUTH — In a special meeting held in the Plymouth Common Council chambers, the Marshall County Regional Sewer District passed a motion to authorize their legal counsel to proceed with litigation in a case filed by the Marshall County Commissioners against board member Thomas McFadden.
The board voted unanimously, with McFadden abstaining.
At their last meeting, the Commissioners declared the seat on the board held by McFadden to be vacant and appointed Bill Woodward to fill that seat.
The board gave attorney Chris Nusbaum the authorization to file a motion to dismiss the suit as well as draft a letter to the Commissioners stating that they did not recognize the seat to be empty and therefore Woodward’s appointment is not valid.
The letter went on to state that the board would continue its ordinary course of business and that Woodward would be welcome to attend the district’s public meetings in the capacity of a citizen of Marshall County.
At the heart of the issue is the Commissioner’s interpretation of Indiana statute that appointees to the board serve “at the will” of the body that appointed them and can be removed at any time. The Sewer Board contention is that appointed members cannot be removed before their term “without cause”.
The dispute began with concerns by the Commissioners over the board’s fiscal expenditures since its formation.
