Mayor, council at odds again

Another meeting turned contentious after the mayor brought up an issue that was not on the agenda.

Portland City Council members criticized Mayor Jeff Westlake at the conclusion of their meeting Monday for introducing an issue involving vacation time for a police officer without providing them information in advance.

Council also tabled discussion of proposed ordinance changes regarding solicitation and noise.

The meeting seemed headed for adjournment before Westlake brought up the city’s transfer policy in regard to police officer Jagg Nunez, who returned to the department in December. He had worked as an officer for about three years before leaving for a job in Decatur. He left the Decatur department in August.

Westlake said he’d like the city to honor Nunez’s previous time with the department in regard to his vacation time and his years of service.

“Are we going to go by the ordinance or do what you want to do?” asked council member Mike Aker.

Clerk-treasurer Lori Phillips said that based on her reading of the city’s ordinance and policy handbook, Nunez does not qualify because there was a four-month gap between his departure from Decatur and his hiring in Portland. It was not a true transfer, she said, providing an example in which an officer came to Portland directly from another department.

City attorney Wes Schemenaur said he had talked with both Westlake and Phillips and suggested that because there is a disagreement, council should weigh in on the matter.

Council member Ashley Hilfiker, who clashed with Westlake at the previous council meeting, asked Westlake why the issue was not on the agenda. The mayor responded that he got busy and did not have time.

He also read from a portion of city ordinance, indicating that he feels it gives him the right to run the department.

Council member Matt Goldsworthy expressed frustration with the situation.

“This is what happens when stuff is not put on the (agenda),” said Goldsworthy.

“That’s why there’s a process guys, and we have to follow the process.”

He referred to the mayor not having time to put the issue on the agenda as “malarkey” and said things need to be done the right way.

“The right way is to … let us know what’s going on so we can have an understanding of what we’re going into and not just having something thrown at me,” he added.

Responding to comments indicating that officers do not want to work for the city of Portland, he argued that the city has done a lot for its officers over the last several years. He said Portland is a good place to live and work.

“I don’t know what the problem is with our police department, with our mayor, with our clerk-treasurer,” Goldsworthy said, “but it’s got to get fixed.”

Phillips addressed Nunez, saying there is no personal issue and that she is just trying to follow policy properly.

“I answer to state board of accounts,” she said. “I don’t answer to somebody coming in and trying to bully me into doing this.”

She also passed out a packet to each council member, saying there are more problems going on within the city government.

Council member Ron May suggested that the vacation issue be placed on the agenda for the April council meeting. Other members agreed and the meeting was adjourned.

Also Monday, council members Kent McClung, Dave Golden, May, Hilfiker, Aker and Goldsworthy, absent Michele Brewster, reviewed and suggested changes to a proposed ordinance regarding solicitation. The current ordinance requires a permit, which is good for 90 days, and a $5 fee.

Hilfiker, who brought up the issue at the last meeting saying she has had solicitors at her house in the evening, suggested that the time period be shortened and the fee increased. (She said she’d like to see the fee at $100 while May advocated for $25.) The new ordinance would also require a background check.

After a brief discussion, council members agreed to table the issue. They said they will look at what other cities have set as fees.

Council members also discussed possible changes to the city’s noise ordinance, which had been discussed at their last two meetings after a complaint from a resident regarding noise coming from a religious service being held at Jay Community Center.

Golden noted that Muncie’s ordinance sets a limit of 83 decibels and that a quality decibel meter would cost about $400.

Council members and the mayor discussed various aspects of the ordinance, including the existing exemptions for emergency vehicles, lawnmowers, athletic events and religious services. Goldsworthy said it doesn’t seem to make sense to change an ordinance in a way that would not address the issue, as the event in question would remain covered by the exemption for religious services. (Schemenaur has advised that removing that exemption would lead to Constitutional issues with the First Amendment.)

Westlake said he has reached out to those in charge of the service and would like to give them a chance to address the issue before making ordinance changes.

Council tabled the issue.

In other business, the council:

•Approved closing Main Street between Meridian Street and halfway between Ship and Pleasant streets from noon to 6 p.m. Saturday, May 17, for a car show.

•Heard questions from Aker and May regarding issues on Meridian Street (U.S. 27). Aker asked about a manhole near Adams Street, with Westlake saying it has been reported to Indiana Department of Transportation. May relayed a concern from a constituent about the cleanliness of the street.

•Learned from Westlake that the city’s new code enforcement officer has started and is being trained by another officer.

•Heard a suggestion from May to put up digital signs at the city limits along state highways in an effort to slow down traffic.