Disorderly behavior by the House Democrats has exposed the root of the right to work debate. When does the individual right not to be forced to work become a violation of another’s right to have the work performed? When there is a contract.
Elected officials take an oath of office paramount in that sworn duty is the responsibility to perform their elected functions regardless of controversy. Flight to states with Democratic Governors to avoid taking difficult votes is a dereliction of duty.
After the behavior of the House Democrats, I think two sections of the Indiana Constitution apply: Article 4 Sections 13 and 14.
Section 13 lays out that all meetings shall be open sessions and committee meetings are Constitutional requirements, not discretionary actions. Democrats are continuing to discuss the public business of amendment to several bills absent their presence in the Chambers in violation of their Constitutional duty.
Section 14 lays out discipline for disorderly behavior. It is limited to enforcement by the Legislators performing their sworn duty.
Continued discussion by absent House Members denies the Indiana citizen their right to representation under the Constitutional contract. It is disorderly behavior to not be present to conduct public business and invoke sanctuary in another state to avoid performance.
Failure to compel absent House Members to honor the terms of their employment with the citizens of Indiana violates the right of the employer (us) to receive the benefit of their work, which has been entered into by the contract of being elected to public position.
Legislators fought to be elected by promising to be the person better to do the job than their opponent. When it comes time to do the difficult work they were hired to perform, where are they?
By Phyllis Klosinski, a Brown County Libertarian. Ms. Klosinki’s opinion does not necessarily reflect the view of the LPIN or it’s legal counsel.