Council raises concern about liability

The city’s liability insurance costs are going up.

Portland City Council discussed the status of its liability insurance during Monday’s meeting.

Before approving additional appropriations to cover year-end expenses, council members raised questions regarding additional funding needed for liability insurance.

Council member Ashley Hilfiker noted that the current liability provider is dropping the city because of the number of tort claims that have been filed. 

The city has faced a total of eight tort claims in the last two years. Of those, two — one filed by clerk-treasurer Lori Phillips and the other by former Portland police officer Patrick Long — have advanced to lawsuits in Jay County courts. Two others have been resolved. Other claims that remain active but have not yet been filed as lawsuits include two by former wastewater department employee Brad Clayton, one by Police Chief Dustin Mock and investigator Jeff Hopkins, and one by former Portland police officer Kyle Denney.

The city is contracting with a new provider for liability insurance, but its cost will go up to $219,587 annually. That’s an increase of 39.9% from the previous $157,000.

Council member Ron May asked about the reason for the increase, with Phillips saying it is because of the tort claims.

“So when we don’t have money for pay raises …” May responded.

Hilfiker also asked about the implementation of new employee evaluation forms, with Mayor Jeff Westlake saying he has worked on them. Phillips clarified that the liability insurance company is requiring that specific forms be used.

May asked if those evaluations would be available to council members. City attorney Wes Schemenaur said such personnel information is considered private and would need to remain confidential.

Addressing the mayor, Hilfiker said things need to be tightened up moving forward in order to reduce internal conflict. She pointed to the mayor’s refusal to remove employees from their positions no matter the cost.

The mayor said he did not make such a comment about cost, but confirmed his stance on keeping employees in place.

The additional appropriations were approved on a 5-1 vote, with council members Michele Brewster, Matt Goldsworthy, Mike Aker, Dave Golden and Hilfiker in favor. May voted against the appropriations and council president Kent McClung was absent from the meeting.

Also Monday, the council approved moving forward with a proposal from Jay County Trails Club to add lighting along River Path, which runs along the north side of the Salamonie River from the green bridge connecting Hudson Family Park and Weiler-Wilson Park to Meridian Street.

Bricker explained that the trails club has the funding to cover the $19,200 cost for 75 poles and overhead string lighting. She asked for permission to move forward with the project and council support for the city’s street department to handle the installation. She said the goal is to make the trail more inviting for both general use and as a spot for community events.

She added that the trails club hopes to engage with the community for additional enhancements such as landscaping and benches.

Street and parks department superintendent Matt Shauver said he would plan to have the project done by next fall, with potential to work on it earlier based on weather, other projects and working with Indiana Michigan Power and others on electrical needs.

Council members also received a draft copy of an ordinance that would regulate livestock within the city. City attorney Wes Schemenaur asked council members to take a close look at specific sections, including regulations regarding coop size, setbacks, buffers and fines.

May indicated that he is fine with the ordinance as long as it does not allow roosters. Golden said he felt the draft looked good, but agreed with Schemenaur’s advice to allow time for review and public comment.

The council plans to address the ordinance again at its Jan. 5 meeting.

In other business, the council:

•Heard May comment regarding his frustration about not making comments about certain topics while saying he will continue to try to do what he thinks is right. He did not specify the topics to which he was referring.

•The mayor and council members thanked the fire department for its work to fight a Sunday fire and the street department for plowing during and after Saturday’s winter storm.

•Heard May raise a question about a resident being scolded by the mayor for using a skid loader on the multi-use path along Blaine Pike. The mayor said there had been concerns raised about damage to property.

•Heard the following from Phillips:

   —The trash pick-up schedule will be altered next week because of the Christmas holiday. Homes that are regularly serviced on Thursday will be handled Wednesday. Those typically serviced on Friday will be bumped to the following Monday.

   —Speed limits have changed along Indiana 67 near Jay County High School, with the regular speed limit at 50 mph and the school zone limit at 30 mph.

   —The city was not awarded funding through Indiana Department of Transportation’s Community Crossings grant program during the latest round announced last week. Locally, Redkey and Dunkirk both received funding. Like Portland, the county was not awarded a grant during this round.

   —Jay County Emergency Management Agency has asked for council members to be part of a committee to work on updating the county’s emergency plan.

   —The city’s 2026 budget has been approved by the state.