New Albany council members get insurance back pending further legal action [The Evening News and the Tribune, Jeffersonville, Ind.]

June 09--NEW ALBANY -- Medical insurance for three New Albany City Council members has been temporarily restored pending further action in the legal case.

Special Judge Robert Duvall ruled in favor of a temporary injunction motion allotting council members Diane McCartin-Benedetti, Bob Caesar and Kevin Zurschmiede health benefits in April.

According to William Moyer, an attorney representing the council members, the injunction remains in effect until either side petitions for a summary judgment which would result in a more conclusive ruling.

"Where we go from here is up to my clients and the city," Moyer said Friday.

He added his clients haven't advised him how to proceed.

In January, Caesar, Zurschmiede and McCartin-Benedetti filed a lawsuit in response to the council voting to abolish its health coverage option.

They were the only three of the nine council members covered by the city when the body removed its health insurance in October.

The lawsuit was filed against the city, not the council.

The case centers on whether insurance coverage for elected officials is considered compensation.

Caesar said the ordinance that abolished the coverage "clearly violates Indiana Code" when the council deliberated the legislation last year.

Indiana Code prohibits the reduction of compensation for a public official to an amount less than the previous year, those opposed to the council measure said.

Moyer added that Indiana Code prohibits a municipality from approving a law that's in conflict with state legislation.

"And that one does, in several different ways," Moyer said of the New Albany measure that removed its insurance option.

New Albany covers 90 percent of insurance premiums for its public employees. Councilman Dan Coffey sponsored the measure to repeal its health insurance, as he said council members shouldn't receive benefits for their positions.

A message left for City Attorney Stan Robison on Friday hadn't been returned as of press time.

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