by Abdul-Hakim Shabazz
Yes, I’m talking about Joe. Hogsett, not Biden.
There are plenty of opinions regarding the President, but I like to focus my attention on state and local politics. So, let’s talk about Joe.
As you may have seen in last week’s Indianapolis Star that former Hogsett Chief of Staff, Thomas Cook is accused of grooming and sexually harassing young women who worked under him.
Complaints dated back to 2017. Cook was reprimanded and disciplined three times. Although once would have been enough for me had I been Mayor, but that’s another story for another time. Cook resigned from the city in 2020. He then moved to an unpaid political consultant and was later fired from Bose public affairs.
Now, there are questions as to what exactly did the Mayor know and when did he know it. And did he assist in any sort of cover-up? The Mayor’s office says no. I think those are fair questions that should be explored.
One of the other big questions is whether the mayor should step down or be removed from office.
I looked up the removal part. Under Indiana law, a Mayor or any other elected official cannot be recalled; however, they can be impeached.
Impeachment is not just for Presidents and Governors. Mayors in Indiana can also be impeached.
Yup.
Under state law, impeachment is defined as “the removal of a person from office by the state legislature or by a circuit court for committing a crime.” (IC 5-8-1)
The law further states, “All impeachments must be by resolution, adopted, originated in, and conducted by managers elected by the House of Representatives, who must prepare articles of impeachment, present them at the bar of the Senate and prosecute the same, and the trial must be had before the Senate sitting as a court of impeachment.”
Those requirements include “neglecting to perform official duties pertaining to the office (IC 5-8-1-35); being convicted of a felony or certain other crimes (IC 5-8-1-38; IC 5-8-3); being habitually intoxicated (IC 5-8-2); and continuing to reside in the election district the person represents (IC 36-2-3-5, for example)”.
The law seems pretty clear that the Legislature could remove Hogsett from office; it appears less clear if the Council could.
However, the law doesn’t stop there. It also allows an average citizen to go to Court and try to get the Mayor removed.
The law states, “If an elected official does not meet these requirements, then an interested person can file a lawsuit in court to have the official removed. The court must then decide whether the complaints made by the interested person are true and whether or not the official should be removed from office.”
So, let’s recap. A Mayor can be removed by the Legislature or the courts if someone files litigation.
While I doubt the legislature or Council will take this up, as we have seen this year, anything can happen.
On the other hand, when it comes to litigation, it looks like anyone can file.
And we would not be surprised if anyone did.
Abdul-Hakim is the editor and publisher of Indy Politics. He is also a licensed attorney in Indiana and Illinois.
