ILNews

Indiana legislator sues over walk-out pay deductions

Back to TopCommentsE-mailPrintBookmark and Share

An Indianapolis lawmaker is suing the state for deducting some of his pay to cover fines imposed against him because of a legislative walkout earlier this year.

Fort Wayne attorney Mark GiaQuinta filed a suit June 16 in Marion Superior Court on behalf of Rep. William Crawford, D-Indianapolis, who took part in the five-week walkout that shut down the House in February and March because of a right-to-work bill.

House Speaker Brian Bosma, R-Indianapolis, used a House rule to assess fines against the 39 lawmakers who had left the state during the walk-out, deducting the fines from their legislative pay.

In Crawford’s case, the fines total more than $3,000 and also affect his retirement pay. The suit challenges how the fines were imposed but not the fines themselves.

Specifically, the suit says Indiana Code 22-2-8-1 prohibits employers from taking fines out of paychecks and it’s considered a Class C infraction to do so. In addition to that, the suit says it’s official misconduct for an elected office-holder to violate the law and that amounts to a Class D felony.

State Auditor Tim Berry, the State of Indiana, and Bosma are named as defendants in the suit, which is the only legal challenge to the fines to date. Crawford also filed a civil tort claim in the Indiana Attorney General’s Office last week, making similar allegations.

Spokesman Bryan Corbin in the AG’s office declined to comment on the suit or tort claim, but referred to previous statements Attorney General Greg Zoeller had made in April when saying that no formal advisory opinion would be issued on the matter.

“Assessing fines against House members is an issue exclusively for the legislative branch of state government to decide,” he said. “Under the constitutional separation of powers, neither the judicial branch nor the executive branch has the authority to prevent the House from imposing sanctions. Since the Indiana House is on strong legal ground in imposing fines and in doing so through payroll deduction, the Office of the Attorney General as state government's lawyer will defend the authority of the legislative branch to determine its own rules for House members.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT