Redkey responds

The Town of Redkey has filed its response to a council member’s complaint with the Indiana Public Access Counselor’s Office.

Redkey Town Council member and former president Dave Dudelston filed a complaint last month with the office, alleging the town board illegally terminated former police officer Chris Boggs during an executive session June 8. He also questioned the legality of council members meeting in April and alleged some members engaged in nepotism.

Redkey’s response, submitted by attorney John Brooke on behalf of the town, addresses Dudelston’s complaints in relation to Boggs’ termination and council members’ gathering in April.

Brooke’s law firm provided the response to The Commercial Review on Wednesday morning.

According to council members, 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. Boggs was suspended without pay at an executive session June 8, according to Beaty, and he was terminated at council’s next public meeting June 20.

Dudelston argued council members did not give proper notice for the executive session. He alleged the town made its decision to fire Boggs at the executive session and that it should have hosted an open meeting directly after the executive session to take formal action.

The Commercial Review received notice May 31 about plans to host the 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.)

In his response, Brooke addressed Dudelston’s allegation that the meeting took place without a 48-hour notice, pointing to an email sent to The Commercial Review nearly a week in advance.

“There is no requirement that an open public meeting be conducted after an executive session as Mr. Dudelston seems to indicate,” Brooke said in his response. “The obligation under the law is that action by the governmental entity must be conducted in an open public meeting.”

Referencing council’s meeting minutes, he noted the board took official action — it voted to terminate Boggs — at its June 20 meeting.

“Therefore, the complaint filed by Mr. Dudelston is improper,” he said.

Brooke also addressed Dudelston’s questions regarding the legality of council members meeting in mid April.

Brooke said coverage from The Commercial Review indicated Dudelston called for a meeting with town marshal Zach Moser before he left to attend training at Indiana Law Enforcement Academy and that the meeting was scheduled without notice.

He argued the meeting was conducted by Dudelston on April 11 and that meeting notice was sent to The Commercial Review on April 11 for the purpose of conducting a meeting between Moser and one other board member.

Notice for a meeting April 11 was not given to The Commercial Review.

The newspaper learned early in the afternoon April 12 about plans for council to hold an emergency meeting the same 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 his complaint, Dudelston said the April 12 meeting was canceled and he and then-council member Chance Retter decided to meet at 6 p.m. April 13 with Moser, which Dudelston said was allowed under the town’s personnel policy. Other council members heard about the meeting and attended, he said, which led to a quorum of council members being present. He said he left the meeting. He alleged other council members stayed and Beaty began recording the discussion.

Brooke said the meeting’s purpose was to require Moser to sign a reimbursement agreement for his training at the academy. He noted the contract wasn’t presented at a public meeting and it wasn’t provided to other board members.

“(Moser) refused to sign the agreement and the ‘meeting’ was disbanded when other board members were advised that this was taking place and stopped the matter,” he said in the response.

In his complaint last month, Dudelston also shared 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. (They are relatives on her husband’s side. The request had previously been denied April 18.)

Brooke said Dudelston’s concerns about nepotism are not related to a violation of Indiana Open Door Law. He added the town would respond separately to those matters, if necessary.

Redkey requested the formal complaint be denied and the matter closed.

Dudelston has not attended a council meeting since April 25. He declined to answer in July if he planned to attend another council meeting soon.

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

Dudleston shared plans with The Commercial Review in July to contact the American Civil Liberties Union about the complaint and file a lawsuit.