Indiana Court of Appeals
State of Indiana ex rel. Theodore E. Rokita, Attorney General of Indiana v. William J. Pfister, Estate of Richard A. Sopko, Travelers Insurance Companies, Western Surety Insurance Company, Westfield Companies, and Ohio Farmers Insurance Company
25A-PL-614
Civil. Appeal from the Lake Circuit Court, Judge Marissa McDermott. Reverses the trial court’s grant of summary judgment for former Munster school officials William Pfister and Richard Sopko (deceased) on the State’s complaint to recover public funds and remands for trial. Holds Indiana Code § 5-11-5-1(a) authorizes the Attorney General to seek recovery of public funds misappropriated, diverted, or unaccounted for as a result of malfeasance, misfeasance, or nonfeasance identified in a State Board of Accounts report. Further holds the officials’ employment contracts unambiguously limited annuity contributions to fixed percentages and did not permit compounding, contrary to the trial court’s conclusion. Rejects the view that the State Board of Accounts’ uniform compliance guidelines are merely advisory, concluding they impose mandatory standards on public entities and officers. Leaves intact summary judgment in favor of certain insurance and bond defendants based on unchallenged policy limitations. Appellant’s attorneys: Office of the Indiana Attorney General. Appellees’ attorneys: Jeff Carroll.