Henry County Drainage Board votes to hire outside attorney to review state code and stormwater rules

The Henry County Drainage Board voted on March 11, 2026 to hire outside legal counsel to review Indiana Code 16-19-3-27.5 and the county's Drainage Codes and Stormwater Ordinance after its attorney said he could not represent the board because of a conflict of interest.

Surveyor Stephen L. Rust told the board that the Health Department has retained its own legal representation and that Joel Harvey, the board's attorney, "sent a letter stating he cannot represent the Drainage Board due to conflict of interest," prompting the board to consider outside counsel. The motion to hire outside counsel was made by Steve Houchins and seconded by Chase Heinold; Steve Dellinger recorded an abstention. The motion carried 4-0.

The move is intended to clarify the board's obligations and the role of the Technical Review Panel under IC 16-19-3-27.5, and to ensure the board receives independent legal guidance on how state code, county drainage codes, and the stormwater ordinance interact. The board did not identify a specific law firm or set a dollar limit at the meeting; next steps were limited to approving the motion to seek outside counsel.

Rust framed the item as a procedural necessity after the county's counsel signaled a conflict. Board members said they wanted a legal review to resolve ambiguity about responsibilities and to avoid future conflicts between county staff, the county surveyor, and the Health Department. The vote recorded Mr. Houchins as mover, Mr. Heinold as seconder and one abstention by Mr. Dellinger.

The board addressed other routine agenda items and then adjourned. The board did not announce a timeline or the selected outside attorney in the meeting record.