NEW RICHMOND — A New Richmond town board member on Thursday demanded the removal of the town superintendent — who is also the president of the board — over concerns about his job performance, and raised questions about whether serving both positions at the same time violates the law.
The motion by Carmine Azzato for the board to remove Luke Martin failed, but the town attorney agreed that it seems “unlikely” Martin can legally hold both jobs. The board is asking lawyers from the state to settle the issue.
Citing the need for an “even playing field” on the board, Azzato also called for beginning the process for a special election to expand the three-seat board to five members, which also failed. But the board passed a separate motion asking Martin to show proof that state law allows board presidents to appoint a special commission without seeking input from the other members. Azzato had originally motioned to dissolve the committee.
The issues collide during a contentious few months for the board. Last month, Azzato and Martin sparred over a list of maintenance issues Azzato said was going unaddressed, according to a recording of the meeting obtained by the Journal Review.
Then, during a heated discussion about the special committee Martin selected to decide the future of the firehouse, an audience member told him, “You are not the king of this god---- town,” prompting Martin to say that if he were, “I’d bring the guillotine back.”
On Thursday, Martin apologized for using the word “guillotine,” saying it was a “sarcastic word on my part.”
Azzato’s critics say his demands appear to be a personal vendetta against Martin, who has the backing of the town’s clerk-treasurer and other board member Minnie Howard, and that Azzato should help fix some of the maintenance problems he’s documented.
“It does seem like there’s some sort of weird drama that is really a waste of all of our time, and we’d like to just take care of the town and improve it,” an audience member who gave his name as Andrew said during the public comment period, addressing Azzato.
“And honestly, I don’t care who you are,” Andrew added, “if you’re on the board and you’re not taking responsibility for [the town], f--- you. You don’t need to be on the board.”
Azzato said there was nothing personal about his concerns.
“I’ve had lunch with Luke before I got on this board. I’ve sat at my porch and made ribs for him. I don’t have a problem with the person, [I am concerned about] integrity and what we are paid to do,” Azzato said. “I didn’t come on to this board for a popularity contest, I came to do what’s right by the community. I said that from day one.”
When questions about Martin’s dual roles have previously surfaced, the town said it received assurances from the Indiana State Board of Accounts that the law was being followed. Martin does not vote on his superintendent salary and other matters related to the position.
Indiana’s constitution prohibits a person from holding more than one lucrative office — a position that draws a salary — at the same time, “except as expressly permitted.”
A town council seat is considered lucrative, but there is no guidance on the superintendent position. It is not listed in a handbook defining lucrative and non-lucrative offices that was published by the Indiana Attorney General’s office.
But under state law, “a government employee is considered to have resigned from this employment when the individual assumes an elected office of the unit that employs the individual,” the handbook states.
Rob Reimondo, the town attorney, recommended having the state weigh in, saying the dual position laws leave “gray area.” The board passed a resolution seeking a formal opinion from the attorney general’s office and state board of accounts.
Reimondo said he hadn’t studied whether Martin can pick members for a special commission on his own. Martin, citing the state’s handbook for local officeholders, said it’s legal for town board presidents to make the appointments. He voted against the motion calling for him to show the handbook at the next meeting.
Martin appointed the commission after the town board, during a special meeting in September with Azzato absent, voted against re-upping New Richmond’s $5,500 annual contract with Coal Creek Fire/Rescue. The town says state law requires townships to provide fire protection and wants the township to make the financial decisions.
The town would continue to own and maintain the fire station, which recently received a new roof. At previous board meetings, the department has said it will maintain a presence in New Richmond regardless of which governing body signs the contract.
The committee includes representatives from the fire department, township board and town board. Chairman Sam Buckles said the committee is at a stalemate after being able to keep the focus on the fire station as members bring up other town issues.
“We could not get to the topic of the future of this building because somebody kept bringing up wood chips, the [fire station] roof and a tractor,” Buckles told town board members.
Martin said he expects the committee to deliver its recommendation next month.
The concerns over Martin’s role as town superintendent, which oversees the maintenance of town-owned buildings and properties, comes as police investigate a series of reported attempted break-ins to the New Richmond maintenance shop.
Azzato claims that Martin filed a police report after learning he was checking on reports of maintenance issues and locked him out of the shop. Martin acknowledged calling the police and putting a new bolt on the shop door.
During the meeting, Azzato presented a slideshow of photos he took documenting several apparent repair needs such as diesel fuel leaking out of the shop’s gas tank, holes in the side of the shop building, gaps underneath door jambs, a latched pressed board closing off the area where the town’s police car is stored and an open door at the park’s restroom facilities.
Martin said that as a part-time superintendent he must prioritize maintenance issues and that he and his part-time assistant have exhausted or are running out of their yearly allotted work hours. According to town officials, the health department determined that not enough fuel had leaked to become a serious problem.
“And if you’re so worried about a lot of this stuff, why ain’t you helping out?” Martin asked Azzato.
“It’s not my job,” Azzato replied.
“That door bothers me more than anything,” Martin later added, “and you decide to take a picture of it because you’re running around inspecting all of this, but yet you didn’t have the brains to close it.”
The board’s next meeting is set for 6:30 p.m. Dec. 7 at fire station, 215 S. Prairie St., New Richmond.
