Questions were raised Wednesday about member Louis Bain’s repeated absences from Burns Harbor Town Council meetings.

Where was he? asked resident Phyllis Constantine last night.

Immediately following the meeting Bain was found at his home on the porch chatting with family and friends. He explained he had a conference call, paperwork to do and visitors stopped by.

His commitment to the council --- or lack thereof, according to Constantine --- may become irrelevant. Bain said in a week or two he will decide whether to resign. “It’s crossed my mind lately,” he said.

Dec. 9, 2009 when his many absences first were questioned Bain said he might resign then but didn’t. When asked at that time if he felt obligated to be an active council member if he’s taking his $4,000 annual town salary, Bain said, “I feel fine with it.”

The Burns Harbor Town Council meets once a month. Last night Bain said, “Just because I’m not there doesn’t mean I don’t do the job.” He said he attends other meetings for the town.

During Wednesday’s council meeting the four other members agreed Bain, whose only liaison assignment is for trash collection, would be asked to solicit bids for 2011 garbage pick-up. That generated snickers among the audience.

Later during public comment Constantine said, “When is Mr. Bain going to start coming to the meetings? Is the town not paying him to represent us? If we’re paying him he should be present to earn that pay. Why pay him and he’s not attending?”

Council president Jim McGee said Bain, a Marine reservist, has conflicts with his military obligations and his regular employment. Constantine said Bain’s absences are not a minor occurrence and he should resign.

“It’s his decision,” said McGee, noting Bain does participate when he can, and that he was elected by town voters.

McGee also said he doesn’t know how many phone calls Bain gets about town business or who he talks to. “What he’s exactly doing I cannot answer that,” he told Constantine, but McGee said when he calls or emails Bain he does answer or give input.

Clerk-treasurer Jane Jordan told Constantine the town is required to pay Bain whether he attends meetings or not. Asked Shirley Hummel from the audience, “Is he answerable to anybody?”

Councilman Mike Perrine said once a council member is elected, there’s no way to remove them. “If the citizens who elected any of us feel we should step down, those citizens should make their feelings known because none of us can remove anyone from office.”

April 11, 2007 the Town Council welcomed member Bain, then a gunnery sergeant with the Marines, back from his second tour of duty in Iraq. In August of that year he was activated for a third Iraq tour on a seven-month assignment.

Bain was re-elected as an at-large Democrat in November, 2007 to another council term while overseas and took his oath of office Jan. 3, 2008 in Iraq.

Bain returned home in the spring of 2008 and began attending meetings April 9 as a member of four Burns Harbor boards but after August, 2008 his attendance began dropping and repeated absences became the norm in 2009 and 2010.

As a reservist Bain faces additional deployments. Last night, he said his free time is limited. “My Marine Corps job is more and more permanent and my work schedule has picked up.”

Perhaps the most well-known Duneland case of an elected Town Council member missing meetings was Porter’s Mary Powell in 2001.

Claiming she was traveling off and on for a new job, the Ward 5 Democrat attended only a few council meetings between March and October. It eventually was determined her Porter home was vacant and she denied she had moved to Florida despite mounting evidence she had.

Nevertheless, Powell continued to take her town salary despite public and private appeals that she resign.

The Porter Town Council in October filed a request for a declaratory judgment in Porter County Superior Court to remove Powell from office; she resigned in November.

Posted 6/10/2010