The Vanderburgh County Commissioners would vote to ban smoking in most public businesses and workplaces in Evansville, even if the City Council refused to do so.
County Commissioners Cheryl Musgrave and Tom Shetler Jr. - by themselves a 2-1 majority of the three-member board - said Tuesday they will push for an anti-smoking ordinance enforceable throughout the county if the City Council rejects a proposed city ordinance.
Musgrave and Shetler each deferred to County Attorney Ted Ziemer Jr.'s opinion that a county measure would have legal clout both within and outside Evansville city limits.
"The ideal situation would be, to minimize any possible legal complications, that both (the County Commissioners and the City Council) would pass ordinances, but if they fail on their end, we'll pick up the ball," Shetler said.
Musgrave agreed, saying she hopes both governing bodies pass anti-smoking ordinances, but she is prepared to pass an ordinance with legal effect both inside and outside the city, if necessary.
"I intend to move forward, regardless," she said. "But it would be better if both (governing bodies) agreed."
Ziemer reiterated Tuesday he believes a county measure would have legal clout both within and outside the Evansville city limits. But he said any differences between such a measure and the city's existing anti-smoking ordinance for city government offices would have to be resolved.
Evansville City Council attorney John Hamilton has said it is "very questionable" that a county anti-smoking ordinance would apply to city residents.
Last week Ziemer said passage of only a county ordinance, without a parallel measure being enacted by the city, could create confusing enforcement problems because enforcement in the county usually is done by the sheriff and in the city by city police.
But Musgrave said Tuesday she doesn't foresee a problem because the county Health Department could enforce any ordinance passed by the commissioners without corresponding approval of the City Council.
Health Department spokesman Gary L. Heck said the department has eight environmental health inspectors and supervisors who could write citations for violation of the anti-smoking ordinance if the County Commissioners gave them enforcement powers.
"It would just be one additional thing that would be added to their list of things to do," Heck said.
During the County Commissioners' meeting Tuesday, Shetler announced the times and dates for two joint public hearings on the smoking issue. The first will be hosted by the City Council from 5 to 7 p.m. May 18 in Room 301 of the Civic Center. The second will be hosted by the County Commissioners from 6 to 8 p.m. May 23 at the Vanderburgh 4-H Center.