Judge rules against 5 officials in conflicts law challenge

HAMMOND, Ind. (AP) - A federal judge has ruled against five Lake County municipal officials in their attempt to avoid an Indiana law barring municipal employees from holding elected office in the same city or town.

The 2012 law goes into effect next year. U.S. District Court Judge Philip P. Simon ruled in favor of the law last week, saying the state "has an important and compelling interest in avoiding corruption or the appearance of corruption." Simon said the law doesn't impose unconstitutional burdens on the five officials.

"It strikes me as entirely reasonable for the General Assembly to have wanted to avoid a situation where elected officials are allowed to feather their own nests," Simon wrote in his opinion.

Those involved in the challenge to the law are Hobart councilman Matthew D. Claussen, New Chicago councilwoman Susan Pelfrey, Hammond councilman Michael Opinker, Hammond councilman-elect Scott Rakos and East Chicago councilman Juda Parks. Simon's ruling would force them to resign from their jobs as municipal employees.

Indiana Attorney General Greg Zoeller said in a news release that the state Legislature "has firmly drawn the line at serving in no more than one position in a municipality at a time and the court has upheld that statute."

"Serving in municipal government is a privilege and should not be primarily about the financial reward; and there are many ways that civic-minded people can serve their communities and neighbors in nongovernment capacities," Zoeller said.

Adam Sedia, an attorney for the five officials, said Thursday his clients were considering their options. That includes appealing in federal court, pursuing new claims in a state court, and filing for an injunction to forbid the law from removing them as employees while litigation is ongoing.