Commissioners Approve Justice Building Security Ordinance

August 15, 2023 at 8:32 p.m.
County attorney Ed Ormsby reads the Justice Building security ordinance out loud Tuesday during the Kosciusko County commissioners meeting. Photo by David Slone, Times-Union
County attorney Ed Ormsby reads the Justice Building security ordinance out loud Tuesday during the Kosciusko County commissioners meeting. Photo by David Slone, Times-Union

By DAVID L. SLONE Managing Editor

What can be carried into the Kosciusko County Justice Building and to where got more restrictive after the commissioners unanimously approved an ordinance Tuesday.
The Justice Building security ordinance was the first of two ordinances county attorney Ed Ormsby presented to the commissioners Tuesday. The second ordinance was in regards to no parking along a portion of Armstrong Road.
Reading parts of the security ordinance, Ormsby said the judges of the Circuit and Superior Courts of the county have authority under Indiana law to regulate the courtrooms inside the Justice Building, and the commissioners have authority under Indiana law to regulate the security of the Justice Building.
The judges requested the commissioners adopt the ordinance regarding the Justice Building security for the safety of the public, jurors, elected officials and staff and the protection of the building and its improvements. The commissioners believe the judges’ request is reasonable and that it is in the best interests of the county and the public it serves to adopt the ordinance, according to the ordinance.
The ordinance states that “no person, other than law enforcement officers, elected officials, officers of the court and authorized security personnel for the Justice Building shall possess within the Justice Building any ‘deadly weapon’ as defined by” Indiana code.
“Except as otherwise authorized by one of the judges and except for law enforcement officers, elected officials, officers of the court, authorized security personnel for the Justice Building, and employees or contractors of the county or the state of Indiana that are conducting official business: No person shall use a device to record audio or video or to take pictures in the Justice Building, except at a public meeting governed by Indiana’s Open Door Law ... and no person shall possess or use a mobile phone on the second floor of the Justice Building.”
A violation of the weapon or phone ban may result in a fine of up to, but not more than $2,500 for a first violation and up to, but not more than, $7,500 for a second or subsequent violation.
No person shall bring food or drink into the Justice Building, except for persons that work in the building. A violation of the food and drink ban may result in a fine of up to, but not more than $100 for a first violation and up to, but not more than, $250 for a second or subsequent violation.
The ordinance does not restrict the lawful authority of the judges to adopt more restrictive orders or rules within and about the courtrooms of the Justice Building, the ordinance states.
The ordinance is in full force and effect as of the date of the adoption by the commissioners, Ormsby concluded.
Commissioner Cary Groninger said, “I know this was something we were going back and forth with the judges on, getting their input, trying to find a happy medium.”
The commissioners approved the ordinance.
The second ordinance also was unanimously approved. It establishes no parking on Armstrong Road or its attendant right-of-way beginning at CR 300E and proceeding approximately 300 feet east to the beginning of the bridge.
In other business, the commissioners:
• Approved an engineering contract with USI Consultants for bridge No. 139, as requested by Kosciusko County Highway Department Superintendent Steve Moriarty. The bridge is on CR 700E over Eel River. The state is paying for 80% of the project, including the engineering costs. The total cost of the project is an estimated $5.5 million, with the county’s portion approximately $1.2 million. The bridge isn’t scheduled to be replaced until 2029, but planning is already underway.
• Approved an amendment to the lease for the north stone pile, which is off CR 1000W, as requested by Moriarty. He said the stone pile holds most of the KCHD’s chip and seal stone that they use in the north quadrant of the county. The property changed hands so the lease needed amended so he can pay the Bontrager family $1,500 per year for the use of the land for that stone pile.
• Approved both rezoning requests as presented by Area Plan Director Matt Sandy.
The first rezoning was for Marsha Borkholder to rezone 5 acres on CR 150E, just south of CR 350N in Plain Township, from agricultural to agricultural II. The Area Plan Commission recommended unanimously for the commissioners to approve the rezoning. There were no remonstrators.
The second request was for Matthew Dunithan to rezone two tracts of ground on CR 900N that equal out to about 1.5 acres from residential to agricultural. The property is to the west of Syracuse-Webster Road. The Area Plan Commission recommended unanimously for the commissioners to approve the rezoning. There were no remonstrators.


Andy Heltzel is the new Kosciusko County assistant planner. He was introduced to the county commissioners Tuesday. Photo by David Slone, Times-Union


 

• Were introduced to the county’s new assistant planner, Andy Heltzel.He is a recent college graduate and his job as the county assistant planner is his first job out of school. He said he went to IU Indianapolis.

• Announced their next meeting is at 9 a.m. Aug. 29.



What can be carried into the Kosciusko County Justice Building and to where got more restrictive after the commissioners unanimously approved an ordinance Tuesday.
The Justice Building security ordinance was the first of two ordinances county attorney Ed Ormsby presented to the commissioners Tuesday. The second ordinance was in regards to no parking along a portion of Armstrong Road.
Reading parts of the security ordinance, Ormsby said the judges of the Circuit and Superior Courts of the county have authority under Indiana law to regulate the courtrooms inside the Justice Building, and the commissioners have authority under Indiana law to regulate the security of the Justice Building.
The judges requested the commissioners adopt the ordinance regarding the Justice Building security for the safety of the public, jurors, elected officials and staff and the protection of the building and its improvements. The commissioners believe the judges’ request is reasonable and that it is in the best interests of the county and the public it serves to adopt the ordinance, according to the ordinance.
The ordinance states that “no person, other than law enforcement officers, elected officials, officers of the court and authorized security personnel for the Justice Building shall possess within the Justice Building any ‘deadly weapon’ as defined by” Indiana code.
“Except as otherwise authorized by one of the judges and except for law enforcement officers, elected officials, officers of the court, authorized security personnel for the Justice Building, and employees or contractors of the county or the state of Indiana that are conducting official business: No person shall use a device to record audio or video or to take pictures in the Justice Building, except at a public meeting governed by Indiana’s Open Door Law ... and no person shall possess or use a mobile phone on the second floor of the Justice Building.”
A violation of the weapon or phone ban may result in a fine of up to, but not more than $2,500 for a first violation and up to, but not more than, $7,500 for a second or subsequent violation.
No person shall bring food or drink into the Justice Building, except for persons that work in the building. A violation of the food and drink ban may result in a fine of up to, but not more than $100 for a first violation and up to, but not more than, $250 for a second or subsequent violation.
The ordinance does not restrict the lawful authority of the judges to adopt more restrictive orders or rules within and about the courtrooms of the Justice Building, the ordinance states.
The ordinance is in full force and effect as of the date of the adoption by the commissioners, Ormsby concluded.
Commissioner Cary Groninger said, “I know this was something we were going back and forth with the judges on, getting their input, trying to find a happy medium.”
The commissioners approved the ordinance.
The second ordinance also was unanimously approved. It establishes no parking on Armstrong Road or its attendant right-of-way beginning at CR 300E and proceeding approximately 300 feet east to the beginning of the bridge.
In other business, the commissioners:
• Approved an engineering contract with USI Consultants for bridge No. 139, as requested by Kosciusko County Highway Department Superintendent Steve Moriarty. The bridge is on CR 700E over Eel River. The state is paying for 80% of the project, including the engineering costs. The total cost of the project is an estimated $5.5 million, with the county’s portion approximately $1.2 million. The bridge isn’t scheduled to be replaced until 2029, but planning is already underway.
• Approved an amendment to the lease for the north stone pile, which is off CR 1000W, as requested by Moriarty. He said the stone pile holds most of the KCHD’s chip and seal stone that they use in the north quadrant of the county. The property changed hands so the lease needed amended so he can pay the Bontrager family $1,500 per year for the use of the land for that stone pile.
• Approved both rezoning requests as presented by Area Plan Director Matt Sandy.
The first rezoning was for Marsha Borkholder to rezone 5 acres on CR 150E, just south of CR 350N in Plain Township, from agricultural to agricultural II. The Area Plan Commission recommended unanimously for the commissioners to approve the rezoning. There were no remonstrators.
The second request was for Matthew Dunithan to rezone two tracts of ground on CR 900N that equal out to about 1.5 acres from residential to agricultural. The property is to the west of Syracuse-Webster Road. The Area Plan Commission recommended unanimously for the commissioners to approve the rezoning. There were no remonstrators.


Andy Heltzel is the new Kosciusko County assistant planner. He was introduced to the county commissioners Tuesday. Photo by David Slone, Times-Union


 

• Were introduced to the county’s new assistant planner, Andy Heltzel.He is a recent college graduate and his job as the county assistant planner is his first job out of school. He said he went to IU Indianapolis.

• Announced their next meeting is at 9 a.m. Aug. 29.



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