Published: June 05, 2009 09:50 pm         

TRIBUNE-STAR EDITORIAL: A city’s vision on hold

Legal soap opera leaves Terre Haute in limbo

The most recent scene in the epic drama surrounding Terre Haute’s never-ending 2007 mayoral race occurred late last month in an Indianapolis courtroom.

But this was not just any courtroom. Presiding were the five members of the Indiana Supreme Court, whose job it is now to sort through the law and legal ramifications of former Mayor Kevin Burke’s challenge to current Mayor Duke Bennett.

Burke claims Bennett was ineligible to be a candidate under Indiana election law. State law disqualifies candidates who are subject to the federal Hatch Act, a law that limits political activity of, among others, employees of some not-for-profits that receive federal funding. Before taking office, Bennett was director of operations for Hamilton Center, a mental health organization that operates a federally funded Head Start program.

The Supreme Court hearing was the culmination of the most recent development in the case — an appeals court ruling last year that sided with Burke on Bennett’s eligibility but called for a special mayoral election as a resolution.

The good news in reaching this stage is that both sides indicate this is the final stop in the wrangling over whether Bennett was eligible to be a candidate in the 2007 election. The stakes are high. The high court ultimately will determine whether Bennett’s narrow victory over Burke will stand or be nullified. If the latter prevails, the court will provide guidance on how the next mayor should be selected.

Terre Haute’s political future is up the air until this mess is sorted out and cleaned up. How and when the court will rule is anybody’s guess.

What’s certain is that the court’s ruling has the potential to disrupt in ways that will benefit Terre Haute very little. Unless the Supreme Court reverses the appeals court and upholds Bennett’s victory, the community will be asked to endure a new bout of rancorous local politics.

If the high court agrees with the appeals court and orders voters back to the polls, Terre Haute will be forced to spend extra money to conduct a special election. The outcome would be anything but certain. In fact, there are possible scenarios that pose an uphill battle for Bennett, who was the first Republican to win a mayoral race here in almost 40 years.

But it’s not just about the money or the uncertainty. Such an upheaval could actually be detrimental to the city and its residents.

A special mayoral election would stifle initiatives of the Bennett administration and distract the current mayor from the job at hand. If yet another mayor is chosen, the city would be back to square one in getting a new administration up and running. And let’s not forget that the new mayor’s term probably would last fewer than two years before another election cycle began.

From the start, we have lamented Burke’s decision to mount this legal challenge. Although we have praised Burke’s tenure as mayor and continue to see his past leadership and administration as a model for what this community needs to progress, the protracted fight over the election has not been in the community’s best interests.

However, the legal issues Burke’s challenge has raised are legitimate and worthy of consideration by the high court. Important precedents are at stake that will guide the judicial system for decades to come.

The day will come — soon, we hope — when this matter is resolved and the city can try to regain lost momentum. Meanwhile, Terre Haute is losing valuable time as any efforts to advance a vision for the future are on hold. That cost to the community is far more than money.