Dudelston files formal complaint

A Redkey official has taken action against his fellow council members.

Dave Dudelston has filed a complaint with the Indiana Public Access Counselor’s Office against Redkey Town Council.

Dudelston, a council member and former president, alleged the town board illegally terminated former police officer Chris Boggs during an executive session June 8. He also questioned the legality of council members gathering April 13 and alleged council members engaged in acts of nepotism.

Council formally hired Boggs at its April 25 meeting. (Boggs had already been on the job, and other council members said he was hired without a proper vote before April 25.) Boggs informed council members May 29 that he would be unable to work for several days because of a family emergency, and he was suspended with pay by council president Brenda Beaty and town marshal Zach Moser on June 1.

The Commercial Review received notice May 31 about plans to host an executive session at 2 p.m. June 8 regarding disciplinary action of a police officer. (The meeting’s date was incorrectly published in the newspaper as Friday, June 7.)

Boggs was suspended without pay at the executive session June 8, according to Beaty. Boggs was then formally fired at council’s next public meeting June 21.

During a phone call Friday, Dudelston accused council of illegally terminating Boggs. He referenced Indiana Code, which states final action on matters discussed at an executive session must be taken at a meeting open to the public. He said council should have had an open meeting after the executive session.

“What they did with Mr. Boggs was totally wrong,” he said. “Totally wrong. They did not follow protocol. They fired him in (the) executive meeting. They didn’t suspend him — they fired him. They took a vote to fire him.”

Beaty on Friday pointed to the standard operating procedure for police officers, which she said indicates the town marshal may suspend police officers at any time. She said Moser was present for the executive session. 

Council’s new personnel policy — it was approved in June and adopted Thursday — indicates employees who commit a major infraction, such as accruing more than five unexcused absences per calendar year or during their probationary period, are subject to suspension. The policy says council members may make a recommendation at an executive session to dismiss an employee if it is warranted by a major infraction. Action on the dismissal shall occur in a regular or special public meeting, it says.

Also in the complaint, Dudelston referenced council members meeting in mid April to discuss a contract with Moser prior to him leaving for training at the academy.

(The Commercial Review learned early in the afternoon April 12 about plans for council to hold an emergency meeting that day. Neither the media nor public had received proper notice, and the newspaper then contacted clerk-treasurer Gloria May and then-town attorney Wes Schemenaur about the meeting.)

In the complaint, Dudelston said council canceled its meeting April 12. Dudelston and then-council member Chance Retter decided to meet at 6 p.m. April 13 with Moser about the issue, which Dudelston said was allowed under the town’s personnel policy. Other council members heard about the meeting and attended, which led to a quorum of council members being present.

“At that point, I told them they were going to have to leave the meeting,” he said.

Dudelston said the other council members stayed and Beaty began recording the discussion. He then left the meeting. 

“We did nothing wrong at all,” he said. “They were the ones that were in violation, not me and Chance.” 

Dudelston also voiced concerns about council member Gavin Grady voting to hire his uncle, Ted Kolodka, as a utility worker for the town June 20 and Beaty’s vote in a decision to move a sewer clean-out at the property of Bob and Alicha Miller’s — they are relatives on her husband’s side. (The request had previously been denied April 18.)

“This board is totally corrupt,” said Dudelston.

Following a public meeting April 18, Beaty accused some of her fellow council members of illegal conduct. She accused other council members of hiring Boggs without a full council vote.

“They did not consult us,” she said April 18 following a meeting that devolved into chaos before being abruptly adjourned by Dudelston, who was then the president. “They did not have a meeting. They went behind our back.”

At their rescheduled meeting a week later, council members voted unanimously to hire Boggs.

She also alleged other council members tried to give Moser a fraudulent contract and that they had discussed the Millers’ request in advance and had already decided how they would vote.

Regarding the complaint with Indiana Public Access Counselor’s Office, Beaty said she has tried to follow the law and feels she has done so to the best of her abilities.

“I did not do anything intentional or malicious or nefarious,” said Beaty. “I have notified everybody that I can, I always reach out to the attorney if I can and get what I’m supposed to do. And as far as I am concerned, I did everything that I was supposed to do. Dave was notified of all the meetings, he was supposed to come to the meetings, he did not show up.”

Dudelston has not attended a council meeting since April 25. (He declined to answer if he planned to attend another council meeting in the near future.)

In May, Redkey Town Council made changes to its leadership, electing Beaty as president and Grady as vice president. Dudelston previously served as president.

“Dave is upset,” said Beaty. “Dave is upset because he was voted out as the president, and I believe now he’s not coming to any meetings, and he has it out for me, and he’s just trying to look for any flaw that I might make. And I’m human, I’m not going to say I’m not going to make a flaw. Heck, I’m human … (but) I’ve tried to do everything I can to make sure that I’m following the guidelines.”

The Indiana Public Access Counselor’s Office initially gave Redkey Town Council until Monday to respond to the complaint, but the town was recently granted an extension to respond by Aug. 6. Its legal representative, Brooke and Struble law firm of Muncie, is handling the response.

Dudelston said he plans to contact the American Civil Liberties Union about the complaint and file a lawsuit.