Gov. Braun Defends Firing Utility Chief Andy Zay in Court Filings
INDIANAPOLIS — New court documents filed by Governor Mike Braun’s administration argue the governor had full legal authority to remove Andy Zay from the Indiana Utility Regulatory Commission (IURC), directly disputing the former commissioner’s wrongful termination lawsuit.
The filings respond to legal action brought by Zay—a former state senator appointed to lead the state’s utility regulatory body earlier this year. Zay was dismissed shortly after Governor Braun appointed Indianapolis City Councilman Joshua Bain to replace him. Zay claims his removal was unlawful, asserting he was given neither advance notice nor an opportunity to respond. He is seeking immediate court intervention to regain his post ahead of key utility decisions, including a pending $71 million rate increase for AES Indiana.
State officials argue Zay was removed for legitimate cause, citing multiple policy and compliance violations:
Campaign Fund Misuse: Documents allege Zay spent over $3,000 in campaign funds to purchase custom ties and scarves for commission staff featuring his initials and tags reading “Designed exclusively for Andy Zay.”
Disclosure Failures: Court records state Zay neglected to file mandatory post-chairmanship financial disclosure forms.
Protocol Violations: The state alleges Zay improperly approved employee bonuses and bypassed established administrative procedures.
According to an affidavit from deputy legal counsel, state representatives attempted to meet with Zay regarding the compliance issues, but Zay declined the discussion before being removed.
The governor’s legal team contends Indiana law prohibits courts from issuing an injunction to reinstate an appointed official under these circumstances. Marion Superior Court was scheduled to hear arguments on Zay’s emergency requests.
