The Board of Commissioners of Delaware County a/k/a Delaware County Commissioners v. Beverly J. Evans, 979 N.E.2d 1042

Evans was hired May 14, 2007 as H.R. Director for a 3-year term under a written contract.
The contract allowed termination only at contract expiration, by agreement, or for good cause with 15 days’ notice; Evans was terminated March 3, 2009, immediately without 15 days’ notice.
In 2008, Board membership changed; Evans’ term continued under the contract despite new Board members.
The contract and job description assign discretionary personnel functions: developing/interpreting county policies, supervising staff, screening applicants, making hiring recommendations, and mediating employee issues.
The court held these discretionary duties were delegated by the Board to Evans, and enforcing the contract would limit successor boards’ discretion, rendering the contract void as against public policy.
Evans filed suit February 25, 2011 alleging breach of contract; Board moved to dismiss under Rule 12(B)(6); the trial court denied the motion; the appellate court reversed and remanded to dismiss for failure to state a claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Contract binding successors	Evans argues the contract binds the Board and successors, restricting discretionary powers.	Board contends the contract is valid and governing discretion is permissible across successor boards.	Contract void as against public policy; dismissal affirmed on remand.
Attorney-exception scope	Evans asserts the attorney-exception might render the contract void beyond the term.	Board argues the attorney-exception applies to attorney employment, potentially voiding the contract.	Court does not address expansion of attorney-exception; unnecessary given discretionary-function ruling.

Figuly v. City of Douglas, 853 F. Supp. 381 (D. Wyo. 1994) (discretionary policy matters at issue in governance)
Jessup v. Hinchman, 77 Ind. App. 460 (Ind. Ct. App. 1922) (attorney-exception and term limits for board employment)
Allen Cnty. Council v. Stellhorn, 729 N.E.2d 608 (Ind. Ct. App. 2000) (board cannot preclude successors from discretionary powers)
State ex rel. Scott v. Hart, 43 N.E. 7 (Ind. 1896) (statutory discretion and right to exercise powers)
City of Indpls. v. Duffitt, 929 N.E.2d 231 (Ind. Ct. App. 2010) (discretionary function under Indiana Tort Claims Act)
City of Terre Haute v. Pairsh, 883 N.E.2d 1203 (Ind. Ct. App. 2008) (discretionary vs. non-discretionary governmental action)
Beazer Homes Ind., LLP v. Carriage Courts Homeowners Ass’n, Inc., 905 N.E.2d 20 (Ind. Ct. App. 2009) (contract interpretation and intent of parties)
Levenstein v. Salafsky, 164 F.3d 345 (7th Cir. 1998) (treatment of written instruments and pleadings)
Lei Shi v. Cecilia Yi, 921 N.E.2d 31 (Ind. Ct. App. 2010) (pleading standard for accepting facts in complaint)