Lawsuit: Whitley Library Directors Broke Open Door Law
Posted
Teresa Carrano-
COLUMBIA CITY – A lawsuit was filed in Whitley County Circuit Court alleging the South Whitley Public Community Library Board of Directors and Director Darci Kessie violated Indiana Codes 5-14-1.5-6.1, otherwise known as the Open Door Law, on numerous occasions. The petition was filed by Renee Wozniak Anderson and Annette Arnold Oct. 27. The multi-page document dates back to October 2014 and cites alleged violations through August 2015. Written minutes approved by the board as well as audio recordings are included in the packet. The lawsuit indicates library board members approved minutes that do not reflect what was said or decided during meetings, made decisions during executive meetings and have held an executive meetings to discuss a subject which was not presented to the public. The alleged violations begin by maintaining the library board made their final decision to terminate Renee Wozniak Anderson as director during an Oct. 17, 2014, executive meeting. Board president Patty Weybright and board treasurer Randy Holler met with Anderson on Oct. 21, 2014, and informed her that she could resign or would be fired. Anderson did not resign of her own violation – she was given a choice to be fired or to resign. No public meeting followed the board’s Oct. 17, 2014, executive meeting prior to the board accepting Anderson’s resignation at an Oct. 27, 2014, special meeting. The Oct. 27, 2014, special meeting does not qualify as the mandatory public meeting following the Oct. 17, 2014, executive meeting before Anderson was approached by Weybright and Hollar. There are no minutes of any public meeting held after the Oct. 17, 2014, executive meeting. The Oct. 27, 2014, minutes indicate Weybright and Holler met with Anderson to give her an ultimatum on that same day. Yet Anderson’s documentation shows she e-mailed Weybright from California on Oct. 26, 2014. Therefore, the Oct. 27, 2014, minutes are inaccurate. During a regular public board meeting Nov. 13, 2014, Patty Weybright made derogatory remarks about former director Renee Wozniak Anderson, according to the lawsuit. When another board member reminded Weybright that the meeting was being recorded, the recording was stopped and restarted at a later time. The employment of Annette Arnold was discussed in great detail at the May 14, 2015, meeting, as can be heard in an audio recording of the meeting. Kessie talked about the strained relationship between herself, Annette and Annette’s husband, Jason Arnold. The board advised Kessie to terminate Annette Arnold’s employment. On the audio tape of the May 14, 2015, meeting Weybright is heard to say any unemployment claim by Annette Arnold will be denied. The lawsuit indicates Kessie met Arnold at the library door May 15, 2015, asking for the library keys and firing her. At the June 11, 2015, board meeting, the board approved the written May 14, 2015, minutes. These minutes indicate Arnold resigned before the May 14 board meeting. Annette Arnold applied for unemployment benefits June 2, 2015, and two days later was advised her claim was being denied by the library. When Arnold’s Department of Workforce Development case manager was told that audio tapes of the May 14, 2015, meeting were available, Kessie dropped the protest of Arnold’s claim. The May 14, 2015, minutes have not been corrected to indicate Arnold was still an employee on that date. The library board held an executive meeting July 16, 2015. The reason given for the meeting was to discuss personnel matters. Minutes for the July 16, 2015, executive session were not approved at the Aug. 13, 2015, regular meeting. The lawsuit maintains a precedence has been set with the descriptive details noted in the Oct. 17, 2014, executive meeting minutes and that all subsequent executive meeting minutes should adhere to this detail. During the Aug. 13, 2015, audio tape of the meeting, board members asked about approving the July 16, 2015, executive session, but Weybright said no minutes were taken so there were no minutes to approve. The audiotape also indicates that former director Anderson was the subject of the executive meeting on July 16, 2015. A board member said the subject of the executive meeting was to discuss impending litigation from Anderson. At that time Anderson had never filed a lawsuit against the library or the library board. Annette Arnold asked the library’s bookkeeper, Sharon Bear, for the minutes of the Oct. 17, 2014, and the July 16, 2015, executive meetings. Bear has refused to provide these documents, the lawsuit contends. The plaintiffs are asking the board minutes be amended to reflect actual occurrences during meetings and that the board and director publish a public apology for the violations. They also ask for reimbursement for any court and legal costs that occur as a result of the civil action. In addition to Weybright and Hollar, Sue Lopshire, Deb Zawlocki, Dave Warner, all from Cleveland Township, and Shannon Fortman, from Richland Township, are on the library board. A seventh seat for an individual from Richland Township has not been filled since Monte Wilkinson left the board in December.
