Fishers Town Council President Scott Faultless moved out of his district during his term before he could have the council redraw the district maps to put him back in his district. They have since redrawn the maps to incude his new address into his old district. Here is a story written by the IndyStar.
FISHERS, Ind. -- Democrats in Fishers are calling on Town Council President Scott Faultless to resign, charging that he recently moved to a house outside the district from which he was re-elected four years ago.
The move -- from Geist Ridge Drive to Whitten Drive, a few miles to the north -- took him outside his council district as it was drawn at the time of his election on Nov. 6, 2007, according to complaints filed with the town this week. The Town Council approved new boundaries for its districts later that month -- Nov. 19, 2007 -- as a way to stay on top of population growth and keep districts balanced.
"He has mistakenly moved into District 7 that was established after the election," said Joe Weingarten, a Democrat running for town clerk-treasurer, who sent reporters an email late Monday with the allegations. The new home, he said, sits in what was District 4 before the redistricting.
Faultless, a Republican, denies the claim.
"This is completely false, and I have no intention of resigning," said Faultless, who has been on the council since 1996.
However, since he moved out of the district, is he an eligible council member? Democrats want him to resign. Is it up to him to resign? Or is he automatically off the council? Here is the relevant statute. What are your thoughts?
IC 36-5-2-6
Residency requirement
Sec. 6. (a) A member of the legislative body must reside within:
(1) the town as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and
(2) the district from which the member was elected, if applicable.
(b) A member of the legislative body who is elected by the voters of a district forfeits office if the member ceases to be a resident of the district.
(c) A member of the legislative body who is elected by the voters of the entire town but is elected or selected as a candidate from a district forfeits office if the member ceases to be a resident of the district.
(d) An at-large member of the legislative body forfeits office if the member ceases to be a resident of the town.
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987, SEC.561; P.L.3-1993, SEC.275.
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