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Last month, the Owen County Board of Commissioners voted to approve the same contract for county attorney services – almost.
At the first meeting of the month, Board President Gary Burton brought the topic up, as the current contract ends at the end of 2024.
“We cannot go into a new business year with no county counsel, and I mean that by a county attorney,” Burton said, acknowledging that there would be new commissioners on the board. “We cannot start a new year without legal counsel for reorganization.”
Except that’s not true.
Despite it being common sense and best practice, Indiana law doesn’t require that county commissioners have an attorney. Rather, Indiana Code 36-2-2-30 states, “The executive may employ and fix the compensation of an attorney to represent and advise the executive.”
It provides the same for county councils in Indiana Code 36-2-3-10.
Burton continued.
“With that being said, it is a two-year agreement, same as it’s been for the last several years. The pay rate is the same for 2025,” he said. “There is a 2026, five percent increase which would be discussed at budget hearings. Other than that the agreement is the same as it was when we signed this to bring Dana [Kerr, the current county attorney] on.”
Except it wasn’t.
The new contract provided a clause requiring payment for the remainder of the year’s annual fee, or $160,000, if the contract is terminated by the county. This includes if the two incoming commissioners, Sam Hobbs and David Risk, take official action to terminate the contract at the initial January meeting. The two newcomers would have a 2-1 majority over the only incumbent commissioner, Burton.
“The County recognizes that Attorney has given up the vast majority of his clients to serve the County and that, as a solo practitioner, Attorney will need sufficient time to rebuild the Attorney’s practice,” the contract reads. “Therefore, the annual fee is determined to be earned on the first day of the year and any termination by the County that becomes effective before the expiration of this agreement, County shall pay any balance due on the annual fee.”
“I don’t feel that it’s my responsibility to determine who is going to be counsel in the future,” current commissioner Joel Lowe said, acknowledging that the board needed counsel at the start of the year.
Commissioner Bob Curry moved to approve the contract, and Lowe seconded the motion. The motion passed 2-1, with Lowe abstaining.
Except that wasn’t the end.
At their next meeting two weeks later, the topic came up again following comments and questions from citizen Allan McBride.
Lowe clarified why he abstained.
“This is based on my opinion, my thoughts and my feelings, not personal. I didn’t feel it was the business of the two commissioners leaving the position to have any say as to who was going to represent [the Board of Commissioners] into the new administration,” Lowe said before adding, “I personally looked at the contracts, and they were stated as being the same as last year. They were not the same.”
Lowe held up copies of the contract.
He added that he had “issues with the way that our county attorney has conducted business with the county.”
“I believe that our attorney was placed in positions that he didn't need to be placed into, morally and ethically,” Lowe said.
Lowe claimed that he had shared with Curry and Burton that he was not on board with the contract.
“I’m an individual commissioner. I’m allowed to think and respond how I see fit. That’s why I abstained,” he said.
Except Lowe’s actions inadvertently and unintentionally halted the contract, possibly making it null and void.
Lowe signed the contract “when I should not have in confusion,” he said.
“I didn't list my signature as a nay, yay or abstained. I signed it. Owen County Auditor Sheila Reeves will not attest that contract. She’s told me so. The document’s no good,” Lowe said. “These gentlemen have the right to bring forth a new contract, most certainly they will. But I don't stand on the fact that I have any business dictating who is going to be the attorney for the new incoming executive body. It’s not my place. “
He continued.
“I was misled to believe that we have to have an attorney, or that the board of commissioners of Owen County have to have an attorney present the first day, the first meeting. I have yet to find any, and Dana, you're welcome to provide it to me if you've got it, any legal documentation, saying anything of that sort. I was misled to believe that.”
Hobbs said that he “isn’t there to run anyone out,” but affirmed that it is something that should be addressed with the new board.
“I’ve spoken to you,” Lowe said. “I’ve talked about an easy transition. My thoughts, [on] how I wanted to see the rest of the year go was to deal with the on-hand emergencies and daily business. I surely didn't need to see or anticipate ordinances, resolutions, contracts shoved through.”
Lowe also pointed to the potential conflict of interest created by Kerr writing a new contract that pertains to his legal services.
Curry stated that he thought that Lowe agreed with the contract.
Burton said that a 30-day extension of the current contract that is set to expire at the end of December is feasible. He added that in the six years he has served on the board, there has been three different sets of commissioners.
“Whatever contracts were in place never got changed, they just rolled over,” Burton said. “Now if you want to make that decision once the new board is established, that makes sense, but I don’t know that it’s good sense not to have an attorney because everything we do here, [there] could be legal ramifications if the wrong decision is made.”
Lowe then added how he hopes the next board will address the matter.
“I want to make sure that Mr. Kerr has the appropriate time to establish himself,” Lowe said. “And I'm just going to say it’s poor human behavior to throw somebody onto the street so I think that’s a serious consideration. I would hate to be sitting here and asked to leave a job with no pay, no benefits… We don't just throw people out on the street.”
Hobbs pointed out that there is a current contract, which has a 30-day notice provided to terminate it.
Burton said they would honor the old contract.
“I’ll be honest with you, It sounds to me like you're saying there's a lot of dishonesty and…” McBride began before being interrupted by all three commissioners who spoke over one another.
“Listen…” Lowe started.
“No,” Curry said.
“There’s been none, zero,” Burton said.
Except when the contract was presented, it was said that it was the same as the previous contract, aside from a possible rate increase for 2026.
Hobbs asked the board to clarify that they are rescinding the contract and extending the current contract for 30 days.
Ultimately, the board unanimously rescinded the new contract, which Lowe said he believes is null and void because Reeves will not attest to it with his signature.
Two of the three Owen County Commissioners are new to their positions. Those new commissioners are former sheriff Sam Hobbs and David Risk.
In fact, the only commissioner who isn’t new to the position is Gary Burton, the board's former president.
At the beginning of the commissioners’ first meeting of 2025, held on Jan. 9, Hobbs was unanimously elected president of the board, and Risk was unanimously elected vice president.
Immediately following the reorganization, Hobbs gave a monologue about what can be expected from the board moving forward.
“It’s going to be kind of a lengthy meeting. We got a lot to go through. I’m not here to upset the apple cart with anybody, but I’m going to. It’s just the nature of the beast,” Hobbs began. “I base my faith off of God being in control because He is. We’re just here to do His will and try to make the best of a community that is falling apart.”
After sharing his long-standing attendance at these sorts of public meetings, Hobbs commented on a trend.
“The thing that I’ve seen in the last several years of coming to the meetings and stuff like that is the discord and dislike between the employees, whether you’re elected or appointed or whatever, has turned into a hatred. And it’s going to end. The reason I say that is we’re a team here together,” Hobbs said. “We were elected to serve the people and that’s exactly what we’re going to do. The people have a voice. You’re taxpayers. You’ll have a voice in every commissioners’ meeting. That’s only right. I expect your ideas, your vision, your goals and your solutions to some of the problems that we have.”
Hobbs then quoted Proverbs 23:19.
“This county is going to have a vision for everybody, not just for self-centered seeking thumb-sucking selfish people. I won’t tolerate it. I won’t tolerate rude behavior from nobody,” Hobbs said. “I’m in no way here to tell anybody to pack up and get going. If you’re not doing your job that’s required of you, there’s going to be a problem.”
Hobbs then said that employees are the county’s biggest liability and the county’s biggest asset.
“We’re going to work together as a team,” he said.
He then reiterated that the commissioners do not have any authority over other elected officials. He also said that commissioners should allow for autonomy and leadership from the county’s department heads saying they have a business to run.
Hobbs was clear that department heads could and should ask for guidance and help from the commissioners when needed and said the commissioners will not interfere unless asked or unless there is an issue.
“I’m new at this part [being a commissioner], but I’m not new at being around here. I’ve seen how some people have been treated and mistreated, and rest assured of one thing. That’s coming to an end, like real soon,” Hobbs said.
Then, instead of making the usual first meeting of the year liaison appointments, Hobbs announced that those appointments would not be made until February. He cited a “legal problem” but did not go into details.
“There’s some things facing this county that is going to be revealed in the next 30 to 60 days that could change the whole outlook on certain things,” he said.
One and only one liaison appointment was made, and that was for Risk to serve as the liaison for the highway department.
“Gary cannot do that because his wife works there,” Hobbs said.
Until appointments are made in February, Hobbs said that he would serve as the liaison for the auditor’s office and appointed department heads. He noted that elected officials can go to any of the commissioners that they want.
The commissioners then began with the routine business of approving the meeting minutes and claims.
In both this meeting and the Jan. 23 meeting, the commissioners addressed the extensive and inappropriate amount of out-of-cycle claims.
The board then went on to new business.
“This is where the rubber is going to meet the road for some of you,” Hobbs said, adding that it was unfortunate that not everything was going to be good news.
The first matter that was addressed was the contract with Dana Kerr for his services as county attorney.
“We’ve been through this for a couple of months. The current attorney is not here today. He is sick. We wish him the best in his recovery,” Hobbs began. “Dana is not here today, but we have to proceed with business. This has been discussed briefly in a couple commissioners meetings. The contract that the current attorney has is on a week-to-week basis at the moment.”
“Mr. Kerr’s last day will be Jan. 31. I’m not going to sit here and bad mouth him, run him down or anything like that. He did what he did and done what he’s done for what he thought was right. He’s an attorney. I do feel and I believe beyond a shadow of a doubt that Mr. Kerr was led down a couple roads that he shouldn’t have had to go down. That’s my two cents worth. I think if Mr. Kerr had things to do over again, they would be done different. Again, this is my opinion.”
With that, Hobbs moved to relieve Kerr of his duties as county attorney as of Jan. 31. The motion was seconded and passed unanimously.
“This is not the end of this story,” Hobbs said.
After allowing him to introduce himself, the commissioners hired Tony Overholt from Frost Brown Todd Attorneys in Indianapolis. Overholt has served as the attorney for the county council. The commissioners hired Overholt, who has been an attorney for 30 years, for six months. Overholt has experience representing local government.
Overholt will be paid between $350 and $375 per hour.
There is $160,000 budgeted for the county attorney. Under Kerr’s extended 2022 contract that served from week to week until the end of January, approximately $13,000 would have been spent from the $160,000 budgeted for county legal expenses.
The council separately has budgeted approximately $40,000 for their legal expenses, as Kerr did not represent the council.
At the high end of Overholt’s rate, the county commissioners would have a total of 392 hours before exceeding the appropriation. This translates to a weekly average of roughly 7.5 hours per week without going to the county council for an additional appropriation.
During the approximately four-hour first meeting, the commissioners also:
The commissioners also held a joint meeting with the Owen County Council on Jan. 23. A story on that meeting will be made available soon on The Owen News website, theowennews.org. The commissioners met again yesterday, Feb. 6, and they will meet again at 6 p.m. on Feb. 20 in the second-floor Commissioners Room of the Owen County Courthouse, 60 S. Main St., Spencer.
In celebration of its 31st anniversary, the Owen County Community Foundation (OCCF) is thrilled to announce the return of the $1 for $1 Anniversary Match Campaign, building on the incredible success of last year’s 30th anniversary event.
In 2024, nearly $200,000 was raised to support local nonprofits serving Owen County. This year, OCCF invites donors and nonprofits to make an even greater impact.
Running from Feb. 1 through Feb. 28, this match campaign offers a $1 for $1 match for donations made to Agency and Designated funds established at OCCF. These funds specifically support the work of nonprofits serving Owen County, providing them with both immediate resources and long-term sustainability.
“Spencer Main Street, Inc., took a big step forward in 2024 by establishing an agency fund with ‘our’ Owen County Community Foundation,” Julie Coffin, President of Spencer Main Street, Inc. said. “I think we don’t even realize yet how this strengthens our organization in terms of keeping us sustainable and giving us longevity. And those are vital qualities to have because we intend to keep working to make sure that Historic Downtown Spencer continues to be the heart and center of our community for another 205 years. The first word of our mission statement is ‘collaboration,’ and we are so grateful for OCCF’s support and collaboration as we all go forward!”
How the Match Works
For every dollar donated to an eligible fund, OCCF will provide a matching gift, which is designed to strengthen nonprofits in two ways:
This model allows nonprofits to meet immediate needs while building a stable financial foundation for the future.Participating Funds
Only Agency and Designated funds are eligible for the match. These funds support a wide range of causes, including youth development, historic preservation, animal welfare, community health, and more. A full list of participating funds is available on the OCCF website or by contacting the OCCF office directly. As of Feb. 5, the following funds were included in the matching campaign:
How to Donate
Organizations can accept donations in the following ways:
Join Us in Building a Brighter Future“The success of last year’s 30th Anniversary Match Campaign was a testament to the generosity and commitment of our community,” Karah Bobeck, OCCF’s Programs and Communications Director said. “We’re excited to offer this opportunity again and look forward to seeing the incredible impact it will have for Owen County nonprofits.”Nonprofits interested in participating in this campaign and establishing a fund at the OCCF, should contact the OCCF’s office at 812-829-1725.
A Gosport home was destroyed by a fast-moving fire that broke out around 8:30 a.m. on Tuesday, Sept. 24.
The first wave of firefighters and emergency personnel arrived on the scene a short time later to find heavy smoke billowing from the roof and flames engulfing the front porch of the home at 246 E. South St.
Homeowner Bryan Rogers was at home when the fire broke out and was reportedly unharmed, declining medical treatment at the scene from the Owen County Emergency Medical Service.
The American Red Cross was later contacted to help meet Rogers’ immediate emergency needs.
According to the Gosport Volunteer Fire Department, a cause for the fire was undetermined.
Firefighters estimated around 30,000 gallons of water was used to battle the morning blaze.
The Gosport VFD received mutual aid from the Owen Valley Fire Territory, Bean Blossom Township-Stinesville VFD, Owen County Sheriff’s Department and the Owen County EMS.
Fire personnel were called back to the scene around 12:30 p.m. where they were able to quickly squelch the rekindled debris at the home, located on the southwest corner of East South and South Second streets.
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