EDITORIAL: Fix loophole, censure Smith, express your disgust

Font Size:

| Thursday, November 29, 2007 | (4 comment(s))

Lake County Councilman Will Smith Jr. needs to resign immediately.

It is shameful that Smith is still on the council. It is also shameful that the 2005 law intended to force a public official to be removed from office upon his conviction of a felony appears to be on shaky legal ground.

Indiana Attorney General Steve Carter and Lake County Prosecutor Bernard Carter said Wednesday that two conflicting bills passed in 2005, signed by Gov. Mitch Daniels on the same day, make it difficult to prove clear legislative intent. Good grief!

Steve Carter called it sloppiness on the part of the Legislative Services Agency for not noticing the conflict between Senate Bill 179 and state Sen. Frank Mrvan's Senate Bill 18, which intended to require that public officials be removed from office upon conviction of a felony.

Whatever the reason for the confusion, the Indiana General Assembly needs to clear it up immediately when its session begins. Call it the Will Smith Jr. Law.

And let the region's entire legislative delegation jump on this bandwagon as a sign of their disgust with Smith's behavior.

It was a black eye on Lake County when convicted East Chicago City Council members Joe De La Cruz and Frank Kollintzas remained in office while awaiting sentencing for their part in the concrete-for-votes scandal. That shameful behavior prompted Mrvan's reform legislation.

And now Smith remains in office, acting on the public's business, even after being convicted for filing a false tax return. Is he staying on the council just for the money, after cheating on his taxes? Does he have no shame?

Both Carters say they are frustrated by their inability to force Smith out of office.

But Steve Carter offered some useful advice. There's a difference between what's legally allowed and what should be an ethical imperative.

The County Council must censure Smith to express its extreme displeasure that he is continuing to feed from the public trough after his conviction. Failing to censure him would be a slap in the face of ethical government.

No longer should the council members treat the council like an exclusive club. Much is at stake right now, especially as the council considers an income tax earmarked for property tax relief.

Why would any councilman want that decision tainted by Smith's participation on the council?

Lake County residents need to express their displeasure, too. Flood The Times with letters calling for Smith's resignation. Instructions for sending letters to The Times are on the Opinion page every day and at http://nwi.com/opinion

If Smith can't be forced out of office legally, try to shame him into resigning.

Your opinion, please

Should the Lake County Council censure Will Smith Jr.?

Share your thoughts at http://nwi.com/opinion

Vote in the Web poll at http://nwi.com/opinion

Back to story 4 comment(s)

Please note: Comments from readers will be screened and may not be posted immediately. If you don't see your comment perhaps:

It wasn't clear, concise or focused on the topic in the story.
It was a personal attack, vulgar, explicit or degrading, used actual or implied profanity or contained potentially libelous statements.
It accused someone of being guilty of a crime.
It promoted violence or illegal acts.
It contained telephone numbers or street addresses, or e-mail addresses and links to Web sites other than nwi.com or government agencies.

In no way do these comments represent the views of The Times or Lee Enterprises.

Passionate views, pointed criticism and critical thinking are welcome. Name-calling, crude and profane language and personal abuse are not welcome.

Reader comments will not be edited - they will be approved or declined. They may be used in the print edition of the newspaper.

If you feel a posted comment has violated these guidelines, please email our New Media team the commenter's name, the comment and a link to the article.

For more information please read our Terms of Service.

Ron V. wrote on Nov 29, 2007 12:14 PM:

" I think that the council should force Will Smith out - right now!! He should also not recieve any pay nor any retirement benefits. He should have to pay back any money recieved since he was found guilty. I hope they put him in prison for a long long time. Shame on our state politicians that let a loop hole law prevent justice from being done. Will Smith is the lowest of the low. "

Comment from Hammond wrote on Nov 29, 2007 11:06 AM:

" We're just waving at a gnat to assume that Will Smith has any integrity or shame. If he had, he would have resigned by now. And it is unconscionable for Elsie Franklin to say she needs him. If that is so, she should resign and find a job for which she is qualified without depending on a felon!!!! "

He Has no shame wrote on Nov 29, 2007 9:48 AM:

" "If Smith can't be forced out of office legally, try to shame him into resigning." He's a Crooked politician which means he has no shame. Question here is when will he stop getting paid. If you stop the pay check you would have a better chance of getting him out. "

Schererville Resident wrote on Nov 29, 2007 9:30 AM:

" My guess is that Will's demonstrated lack of remorse and acceptance of responsibility for his actions will lead to a significantly longer prison sentence. If he had resigned and apologized immediately, he'd probably only get probation. He'll pay in the end. What I don't understand is why the federal court system can't make and exception in this case, be more flexible, and move up his sentencing date. Pay a little overtime and work on the weekend. Let's do it this Saturday. Then question is who will take his place. "

Back to story 4 comment(s)

Post a comment Once your comments are approved, they will appear here.

Marketplace

Sections

Services

Other Publications

Search