ILNews

Court rules on Merit Board election

Jennifer Nelson
January 1, 2007
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The Court of Appeals ruled today that John Buncich can retain his elected position on the Lake County Sheriff's Merit Board. In Lake County Sheriff's Merit Board v. John Buncich, et al., the court affirmed the trial court's decision in favor of Buncich's complaint for declaratory judgment and preliminary injunction, and in the alternative a temporary restraining order to prevent a new election.

Buncich ran for a vacant position on Lake County Sheriff's Merit Board in June 2006 and received 83 of the 120 votes cast. Prior to the election, it was determined there were 168 eligible voters. Lake County Police Department Chief Marco Kuyachich and Merit Board recording secretary Geraldine Larson concluded that Buncich did not win the election because he did not receive a "majority" of the votes of the LCPD members, even though he had the majority of votes cast. They argued 85 votes were needed to qualify as the winner, and the Merit Board voted to hold another election.

Buncich filed a complaint in the Lake Superior Court, asking the trial court to declare him the winner of the election and prohibit the Merit Board from taking any action until the vacant seat was filled. The trial court ruled in Buncich's favor.

In today's opinion authored by Justice Patrick Sullivan, the Merit Board sought an appeal stating the trial court should have dismissed Buncich's action because "an action in the nature of quo warranto is the only proper remedy." An action in quo warranto may be filed "[w]hen a person usurps, intrudes into, or unlawfully holds or exercises a public office or franchise in Indiana ..." I.C. §34-17-1-1(1).

According to the applicable statute, Judge Sullivan writes that there is no person against whom an action in quo warranto could be brought because no one occupies the seat on the Merit Board.

The Merit Board also argued that while Buncich received the majority of votes cast, he did not receive the majority vote of all the 168 members, thus he did not win the election, citing Indiana statute §36-8-10-3(b). Breaking down the statute, the court found that the word "majority" describes "vote" not "the members of the county police force." It concluded that based on I.C. §36-8-10-3(b), a successful candidate only needs to obtain a majority vote of the members who do vote. Judge Sullivan wrote also that the trial court did not error in using extrinsic sources to modify the plain meaning of the statute - in this case Robert's Rules of Order.

The Merit Board also argued that there was insufficient evidence before the trial court that Buncich was qualified to hold office as a member of the Merit Board. But because this issue was only argued and no evidence was introduced, the Court of Appeals ruled the Merit Board could not inject this issue at such a late stage.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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