Commissioners pass first reading of ordinance clarifying removal power over regional sewer board; invite board president to discuss concerns

The Marshall County Commissioners voted on June 2 to adopt first reading of Ordinance 2025‑16, a locally drafted ordinance that county legal counsel said clarifies the commissioners’ authority to remove appointees to the Marshall County Regional Sewer District board.

County Attorney Sean Cerisi summarized his legal review, saying the commissioners originally petitioned the Indiana Department of Environmental Management (IDEM) to form the sewer district and drafted the petition language that established appointment and vacancy procedures. Cerisi told commissioners that the petition’s vacancy language—providing for filling vacancies "for any reason"—is commonly interpreted to allow appointees to serve at the pleasure of the appointing authority rather than for a fixed term removable only for cause. Cerisi said he had drafted Ordinance 2025‑16 to reaffirm that interpretation and to exercise the county’s home‑rule authority to clarify removal procedures.

Commissioners discussed the pace of spending by the sewer district and public concerns about economic feasibility. Several commissioners said they were concerned about the district’s ongoing expenditures; members of the public who spoke during the meeting expressed similar concerns. Cerisi also told the commissioners there is an administrative process by which a party to the original IDEM proceeding can petition IDEM for reconsideration of the order establishing the district, but that process requires newly discovered evidence and may be difficult to pursue.

After first reading, commissioners approved a motion authorizing county counsel to send a letter inviting Mr. McFadden, identified in the meeting as president of the sewer district board, to come before the commissioners to explain the district’s actions and provide an opportunity for dialogue. The vote to authorize the letter passed by voice vote.

During public comment a number of residents urged the commission to stop or dissolve the district or to replace board members; the district’s counsel, Chris Nussbaum, also addressed the meeting and said he disagreed with the legal interpretation and would provide case law for county counsel’s review. Nussbaum stated that, in his view, the board members have fixed terms and are not removable at will.

Ending: The ordinance passed first reading; commissioners signaled they may proceed with subsequent readings and invited the sewer board president to meet with the commission. County counsel will review any legal materials submitted by the sewer district’s attorney and continue to advise the commission on options, including an IDEM reconsideration petition.