Published: January 03, 2008 02:50 pm         

Burke appeals court decision upholding Bennett as mayor

TERRE HAUTE — Former Terre Haute Mayor Kevin Burke is appealing a court ruling that allowed for Mayor Duke Bennett to take office this week.

Attorneys for Burke on Thursday filed a notice of appeal with Vigo County Superior Court Division 3, which states that the case will head to the Indiana Court of Appeals.

Judge David Bolk ruled on Dec. 21 that, while Bennett was subject to a federal law that limits political activity, state law did not prevent Bennett from taking office as Burke contended.

“Judge Bolk found that my opponent had violated the Hatch Act, but that there is apparently no remedy for that under his interpretation of Indiana law,” Burke said in an e-mailed statement.

The Hatch Act is a federal law that limits the political activity of employees of some not-for-profits receiving federal funding. Before taking office, Bennett was director of operations at Hamilton Center Inc., which received federal money for its Early Head Start program.

Burke declined to answer questions or conduct an interview, citing his attorneys’ request.

Bennett said that his attorneys first notified him of the appeal Thursday afternoon.

“It’s a little disappointing that we’re going to have to deal with this issue again,” Bennett said while in City Hall, “but I’m just going to put it in the hands of my attorneys, and just let them go to work on that, and I’m going to continue to move forward with my agenda of leading the city.”

Burke attorney Ed DeLaney said that additional documentation would be filed with the Court of Appeals and maybe even the Indiana Supreme Court.

Bennett’s attorney, James Bopp Jr., said that the appeal could take a year. He also said that he doesn’t think the appeal has legal merit.

“I thought that the mayor’s Christmas message of uniting Terre Haute and putting the bitterness behind us was a wonderful message,” Bopp said of Burke’s initial response to Bolk’s ruling, “but it’s apparent that he didn’t really mean it, and I’m really disappointed.”

DeLaney said that the attorneys are working to “expedite this as fast as possible so we get a quick resolution.”

“Well, we’d like to get it resolved in a month,” DeLaney said, “but that would be very ambitious.”

Burke previously had said that he would act quickly to decide on an appeal.

“After consultation with my attorneys, and after careful consideration with my family and my many supporters, I have decided to heed the advice of my attorneys and give the Indiana Court of Appeals the opportunity to consider the decision made by Judge David Bolk…,” Burke wrote in his statement issued Thursday afternoon.

Bennett understood that the appeal was an option and that Burke might want to exercise that right, though he said it was unfortunate.

“I thought we had all the legal stuff behind us, and I thought we were in a position to move beyond that,” Bennett said. “But I’ll just let the process take its course.”

Austin Arceo can be reached at (812) 231-4214 or austin.arceo@tribstar.com.

     

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