Commissioners violate development ordinance

Disagreements regarding Indiana law and the new county Unified Development Ordinance ensued during a regular commissioners’ meeting as the commissioners appointed a new building inspector Monday evening.  
The differences in opinion were not because of who they hired but because of the job titles he was receiving. 
Pulaski County Commissioners’ President Terry Young requested a motion to hire a new building inspector and “zoning administrator.” 
Commissioner Bud Krohn Jr. said there were two applicants who they interviewed. The county did not advertise the position but instead received applications from county employees. Krohn Jr. said the interviews went well. 
He made a motion for the county to hire Doug Hoover as the building inspector and zoning administrator. 
At the time of the motion, Pulaski County Community Development Commission Executive Director Nathan Origer said he does not believe that the commissioners can appoint the planning administrator per Indiana Code. 
“We have that authority,” Young said to Origer. “We looked the code up.” Young indicated that he and county attorney Kevin Tankersley reviewed the code. 
Origer questioned if they read Indiana Code 36-7-4-402. Before further discussion continued, Young said he seconded Krohn Jr.’s motion. 
The interpretation of the law was then argued. 
He quoted the ordinance, “The plan commission shall designate an administrator.” He continued to say that the Pulaski County Board of Zoning Appeals defers the hiring of the planning administrator to the plan commission because there is one budget for both entities. The board of zoning appeals does not have a separate budget. 
Young argued that the Indiana Code states that the commissioners “may” appoint the planning administrator. 
The motion passed with approval from Krohn Jr. and Young.
Commissioner Larry Brady opposed the motion because of Indiana Code 36-7-4-402. 

See the full story in the Pulaski County Journal, available in print or e-edition.

Pulaski County Journal

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