Questions swirl around Henry Davis Jr.’s leave, pay

July 30--SOUTH BEND -- South Bend Common Council member Henry Davis Jr. has not submitted any paperwork related to his request for medical leave, the city confirmed.

In fact, officials have said there appears to be no formal procedure for processing a council member's request for a medical leave.

Presumably, he will be able to collect his biweekly paycheck stemming from the almost $18,000 yearly stipend.

South Bend Common Council attorney Kathy Cekanski-Farrand did not return calls on Tuesday to answer questions about whether Davis will continue collecting pay.

The city confirmed on Tuesday his payment status has not changed since he sent an email on Monday notifying the council he is taking a leave of absence to concentrate on his health.

But city spokeswoman Kara Kelly said because the Common Council represents a separate branch of government, the city's purview does not extend to regulating a council member's leave of absence in accordance with its own medical leave policies for city employees.

Cekanski-Farrand said on Monday after the council meeting that she was still researching the matter, as she said such a request was unprecedented in South Bend.

Local officials and experts around the state say there is no overarching state law that regulates leaves of absence for elected officials, leaving the issue to local communities.

"This does speak to the communities' needing to sort of decide that kind of stuff in advance," said Jamie Palmer, a senior policy analyst at the Indiana University Public Policy Institute.

The city code does not outline regulations pertaining to a leave of absence for a council member.

Absent any regulations in state law, Palmer said, it is likely up to the city council to decide the circumstances of a medical leave for an elected official.

Palmer noted that Indiana law does allow council members to declare a seat vacant if the council member is unable to perform his or her duties. A two-thirds vote is required to expel a member or vacate the seat, according to state code.

"At minimum, there should have been some type of paperwork to fill out before calling in on leave," council Vice President Derek Dieter said.

Council President Oliver Davis said on Monday that he didn't know of any formal policy for going on leave.

Along with the stipend, council members can opt into the city's medical insurance coverage, but Kelly said Henry Davis Jr. did not opt into the plan.

"It's pretty unique in that there's no set hours a council person has to put in. Basically you need to show up to meetings.," Dieter said, adding that council members are generally responsible and active in putting in hours.

Davis Jr. asked for a medical leave a week after police arrested him on suspicion of drunken driving.

Prosecutors on July 20 charged him with a misdemeanor count of operating while intoxicated. Charging documents say Davis Jr.'s blood-alcohol content was 0.14 percent when he drove the wrong way on the U.S. 20 Bypass.

Representing the 2nd District, Davis Jr. has been the subject of controversy for years.

Most recently, he was the subject of an investigation after he posted a lewd photograph of a man and a dog to a Facebook page identifying himself as a South Bend Common Council member.

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