The Lake County Council is poised to repeal a 2020 ordinance that would have made it the county's purchasing agency under state law.
The board's attorney, Tom O'Donnell, said the Indiana State Government Accountability Office required the ordinance to be “cleaned up” to comply with state law. He recommended that the council repeal the ordinance.
In 2023, state law specific to Lake County states that the county executive, the commissioners, and not the county court system or council, is the county's purchasing and processing agency.
Commissioners' attorney Matt Feh said the board repealing the ordinance would bring the county into compliance with state law.
“The Board of Commissioners and I appreciate that the board has taken this step to remove the ordinance from the books so that it is consistent with state law,” Feh said.
In 2020, former Councilman Christian Jorgensen, R-St. John proposed a draft ordinance to the council that would give the council purchasing and processing authority, citing a state law from the 1980s.
Jorgensen further argued that the board should have purchasing authority because of “ongoing squabbles” over procurement between the Lake County Sheriff's Department and the Lake County Board of Commissioners. He said the council should have powers over data following the 2019 hack of the county's software systems.
After the council approved the ordinances, commissioners vetoed the ordinances because they “violate the separation of powers” between the county's executive and legislative branches, Feh said at the time.
The council overrode the veto and, by going to court, retained control over procurement and data processing.
Council President Christine Seed said commissioners successfully petitioned the state Legislature to change the law, so the council must rescind its ordinance.
“This is what we have to do,” said Sid. “Now our ruling is irrelevant. This is a controversial issue. Laws can be changed, and unfortunately the general meeting agreed with the commissioners.”
Seed said the data processing order was no longer in force under the 2023 state law. But the council took action to repeal the purchasing agency ordinance because the State Accountability Office flagged the ordinance, Seed said.
The council is expected to vote to repeal the purchasing agency ordinance on October 14, which is 5 years after the council approved the ordinance on October 13, 2020.
