Published: November 19, 2007 11:54 am         

Courts to decide if Bennett was eligible candidate

Burke: Ignoring situation could lead to serious consequences

TERRE HAUTE — Terre Haute Mayor Kevin Burke officially challenged the Nov. 6 election results Monday, less than a week after attorneys sent Mayor-elect Duke Bennett a letter questioning his eligibility for the office.



Watch the press conference and read the court documents and Mayor Burke's statement below



The petition, filed Monday morning in Vigo County Superior Court Division 3, questions whether Bennett was qualified to be a candidate, since he worked at a not-for-profit agency that receives federal funds, including money for a Head Start program. The petition references the Little (or “Mini”) Hatch Act, a federal law that limits political actions of certain government employees.

The Hatch Act, a similar federal law, provides similar limitations to employees of certain government agencies.

A U.S. Office of Special Counsel Web site dedicated to the Hatch Act says the law applies to employees of private, not-for-profit agencies “only if the statute through which the organization receives its federal funds contains language which states that the organization shall be considered to be a state or local agency for purposes of the Hatch Act, e.g.,” Head Start “and Community Service Block Grant statutes.”

Hamilton Center receives federal funds for its Early Head Start program.

“Burke in good faith believes that as an official of an organization funded in part by Head Start grants and other federal monies, Bennett is ineligible to run for or hold local office,” the petition states.

Bennett checked with attorneys to see if he violated any laws when he first ran for office in 2003, he said during a phone interview Monday afternoon. Inquiries included a check into the Hatch Act, he said, which he did not violate by running for office.

“ … Ever since that time, I’ve been operating under that knowledge, or under that opinion, just in good faith,” Bennett said. “I was operating under that when I ran in 2007.”

Burke first sought to have the situation explained after people began to question how Bennett was not covered by the Hatch Act.

“This is a question which needs to be resolved in order for the community to move forward with confidence in the results of this election,” Burke said in a prepared statement during a Monday afternoon news conference. “Ignoring the question now could only result in more serious consequences later.”

In response to a question after the statement, Burke said that he received the calls questioning Bennett’s eligibility after the election.

Indianapolis-based DeLaney & DeLaney LLC, the law firm representing Burke, last week sent a letter to Bennett, Bill Treadway, chairman of the Vigo County Republican Party, and Galen Goode, chief executive officer of Hamilton Center, mentioning similar issues as those in the petition filed Monday.

Questions regarding Bennett’s employment were listed in the letter, which gave Bennett, Treadway and Goode a 24-hour deadline to respond.

“I’ve heard from everybody but I haven’t been provided with information,” said attorney Ed DeLaney on Monday. He represents Burke and signed the petition contesting the election.

“Given the letter that we received,” Treadway was unsurprised by the petition that was filed.

“… And of course, we’ll want to take a look at the petition for contest and have our attorneys review it,” he said, “and we’ll proceed as directed by the court.”

Goode said he was a little surprised by the timing of the challenge in that it came up after the election instead of before.

Bennett thought that if the challenge had been made then, his employment wouldn’t be a problem now.

“Well, I wish it would’ve been brought up prior to the election, because it would’ve given us opportunity to resolve” it, Bennett said.

“But now that it’s after the election,” he added, “it doesn’t leave as many options on the table to resolve it.”

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