Opponents of Kris Ockomon have mounted a legal challenge to his eligibility as mayor just four days before he’s set to take office.
On Friday, a temporary restraining order and a request for permanent injunction were filed against Ockomon, challenging his eligibility as a candidate. Ockomon is scheduled to be sworn-in on Tuesday, but the Madison County courts will be closed until Jan. 2.
An employee in Madison County Superior Court 1, however, said that the restraining order was denied by Judge James Anderson, serving in place of Judge Dennis Carroll, who is on vacation. The employee could not confirm the status of the injunction.
Lisa Patton, director of public relations for Ockomon’s transition team, issued a statement Friday, on Ockomon’s behalf, concerning the challenge.
“Today’s attempt by some members of the outgoing administration to stop the inauguration of the city of Anderson’s new mayor is frivolous and embarrassing to the community,” the statement read.
“This is evident by Judge Anderson’s immediate decision to deny the attempt to file a last-minute court action before the inauguration. Mayor-elect Ockomon is confident he has met the necessary residency requirements and is fully eligible to serve as the mayor of Anderson.”
State Sen. Tim Lanane, D-District 25, who was appointed city attorney by Ockomon, agreed that the judge’s decision was correct.
“The court denied what I think is the most important part of the case, which is to prevent Kris from being sworn in next Tuesday,” Lanane said Friday. “The court ruled correctly in denying that temporary restraining order. It was a last-minute attempt to subvert the will of the people of the city of Anderson.”
Lanane said the injunction could not stop the swearing in and will be decided through the courts, should the plaintiffs elect to proceed.
The complaints, based on Ockomon’s residency, were brought by Carol Auker, Nick Vores, Doug Zook, Larry Davis and John Suko, identifying themselves as “registered voters.” Auker is a longtime member of the Republican party; Vores is the outgoing Anderson street commissioner; Zook is outgoing parks department superintendent; Davis is director of the Anderson Animal Shelter and reportedly, though no official word has been given, will be replaced by an Ockomon appointee; and Suko‘s wife, Gracie, is a Smith administration employee.
Ockomon’s residency was brought into question early and often during the election cycle that ended Nov. 6. The Anderson Police Department detective was living outside the city limits at 4669 Woodscliff Circle, but says he rented a house at 420 E. 36th St. in Anderson in order to meet eligibility requirements. Under code, a candidate for mayor must reside in the city at least one year prior to the election.
Ockomon has insisted all along that his residency was in order.
“That’s where I eat, that’s where I sleep, that’s where I shower,” he said in March of his Anderson address. “It’s a non-issue. If they file whatever they file to contest it, I’m comfortable that I will win.”
According to the injunction, Madison County tax records show Ockomon lived outside the city limits in 2006, registered to vote at the same address and did not begin utility service at his new address until Nov. 14, 2006. Private investigator Gary L. Davidson filed an affidavit claiming to have observed Ockomon’s immediate family at the ineligible residence between Dec. 20, 2006 to March 27, 2007.
Therefore, the injunction claims, Anderson Mayor Kevin Smith must remain mayor until his successor is elected and qualified under law.
“I think the issue of residency is vitally important to all parties concerned,” Smith said. “I think that, as an issue, it is one that needs to be put to rest one way or the other for the sake of the citizens of the city.”
Auker and Suko declined to comment on the record. Vores, Zook and Davis did not return phone messages left by The Herald Bulletin. Mark Reigner, attorney for the plaintiffs, also could not be reached for comment Friday.
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