Attorney Lebbin responds to Livinghouse request, Council President Bohannon discusses response

On November 14^th, Marshall County resident Michelle Livinghouse submitted a second request to the County Council for public records after Marshall County Democratic received a letter dated October 23^rd and a one-page document from County Council Attorney Marcellus Lebbin to their request for public records.   County Democrats felt the response was less than complete.

Livinghouse piggy-backed on the Democrat’s public record request seeking the same information on the referral of Attorney Laurane White from Indiana Attorney General Todd Rokita about the industrial solar project at Burr Oak. 

The Democrats didn’t receive a response in the October 23^rd email.

Livinghouse received an email response to her requests on November 19th, although it did not mention the Attorney General’s referral. 
County Council President Jesse Bohannon called GIANT fm WTCA on the 19th and told us that the referral was made through a phone conversation, not a letter or email.  He also noted that phone conversations are not public.

Livinghouse also asked about the capacity Attorney White was working for the County Council and information on billable hours.  Her response from Attorney Lebbin did not mention the request, but during the phone conversation with WTCA, Bohannon said Attorney While assisted the council as a favor.  He said she doesn’t work for them; she is an activist interested in the solar issue and spoke to Bohannon and Councilwoman Deb Johnson on the phone with no billable hours.  The only response was a memorandum that the Democrats received a copy of. 

Livinghouse also asked about the new council attorney, Michael Roose, who filed the lawsuit against the Board of Commissioners.  She wanted to know if he was hired in a public meeting and information on billable hours.   

Attorney Lebbin sent Livinghouse a copy of his engagement letter with the County Council. The letter states that he may need to seek the assistance of investigators, consultants, and expert witnesses and that he will obtain the council’s consent before retaining any such professional service provider. 

Jesse Bohannon told GIANT fm WTCA that Michael Roose is an agent working for Lebbin Law and not directly for the council.  He said that billing for Roose’s services would be included in the Lebbin Law invoices.    He also said the 160 pages of documents presented to the attorneys and requested by the Democrats were from public materials given to the Marshall County Plan Commission, with Councilwoman Deb Johnson providing the documents.  He said there was no new evidence in their submission. 

Bohannon said, “While lawsuits do involve strategy and properly timed presentation of evidence, we do report to the public. We value transparency and strive to follow the law. We have produced all relevant public records and are happy to discuss any matter with residents anytime.”