As East Chicago City Councilman Robert "Coop" Battle sits behind bars awaiting trial on federal murder and drug charges, the constituents who elected him are left questioning their representation.
Officials say there is little that can be done to unseat Battle, D-3rd, as his case makes its way through federal court. Battle ran unopposed in November in his bid for re-election and received 308 votes while he sat in the Lake County Jail.
Now being held in the federal lockup at the Porter County Jail in Valparaiso, Battle, 42, was sworn in to office recently but is being held without bond. He has been charged with knowingly and intentionally killing Reimundo Camarillo Jr. while engaged in a narcotics conspiracy in East Chicago last fall.
Sheriff John Buncich, chairman of the Lake County Democratic Central Committee, said Battle's situation is a concern for constituents but his hands are tied.
"I've received so many calls from people in East Chicago. Residents are complaining. They are concerned. They think I have some authority over that," Buncich said, adding he advises those with concerns to bring it up at a regular city council meeting.
He said he has had discussions with some local state legislators about changes in state law that would create some type of recall mechanism and they are keeping watch on some legislation they may be able to tie onto, but it is too early in the process.
Constituents who want to speak with Battle have few options. Jamie Erow, public information officer for the Porter County Sheriff's Department, said only guests on a list pre-approved by an inmate are allowed to visit via video conferencing.
A request to be added to Battle's visitor list was declined. His attorney, Walter Alvarez of Crown Point, said in a message from his a secretary he would not comment about constituent access to Battle.
Stephen Bower, East Chicago city council attorney, said concerns 3rd District residents do not have representation are unfounded. East Chicago has three at-large city councilmen, Juda S. Parks, Kenneth Monroe and Richard Medina, who represent all of the city's residents. Instead of having four elected officials representing them, 3rd District residents have three.
"Are 'Coop' Battle's constituents left without representation? The answer to that is they are not," Bower said.
Parks, Monroe and Medina returned a request for comment on Friday
Bower said under Indiana law Battle has the opportunity to participate in city council proceedings electronically, either via Skype, computer or telephone, but it is unclear if the councilman has the access to the technology or ability to do so at 6 p.m. the second and fourth Mondays of the month. The law allows for electronic participation but he would not be able to vote since he is not physically there. It is also not up to the city council to figure that out, he said.
"In my opinion, the burden is on him to come forward to the council (regarding electronic participation). That has not yet occurred," Bower said.
He said he has looked into the various laws on the books that could pertain in some way to removing an elected official from office, including a statute that's more than 100 years old that gives the prosecuting attorney power to remove an official who has abandoned his post, but none fully apply to Battle's situation. Bower said he has found no law he can recommend to officials that would be without challenge and voters may just have to live with their choice.
"That is the whole purpose of elections, to remove someone from office voters do not feel are performing their jobs," Bower said.
Michelle Fajman, Lake County's election board director, said the situation surrounding Battle brings to light a problem that can fly under the radar: council members who do not attend meetings for which they are paid.
"If you are not doing a job, you should not be paid," Fajman said, adding it could be necessary for legislators to come up with a way for elected bodies to remove an official who fails to attend meetings or change payment from an annual salary to a per diem so officials are not paid for meetings they miss.
In most cases, the failure of elected officials to attend meetings revolves around private employment conflicts or health issues. Battle's situation puts the issue of non-attendance at the forefront.
"It does open up a picture of what can happen," she said.
Constituents in the 3rd District may feel underrepresented, but they have to accept some of the responsibility for the situation they helped create in November, said Marie Eisenstein, associate professor of political science at Indiana University Northwest in Gary.
"We have to ask ourselves: What were these citizens thinking? They elected him while he was sitting in jail," Eisenstein said.
She said the election is an indictment of both voters and Battle in his role as an elected official.
"I understand the councilman is innocent until proven guilty, but he isn't just a private citizen," she said. "He is in public office and has an obligation to provide for his constituents. He is really putting his own personal interest in front of the public. Public office is about service."