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Police Problems Probed

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SOUTH WHITLEY - Following an executive session to discuss personnel matters within the police department, council members announced during Tuesday's regular meeting that a suspension recommended by town marshal Dave Wilkinson would not be upheld.

Several residents appeared at the meeting to hear this decision and to question the council regarding other topics related to the police department.

Town attorney Greg Hockemeyer spoke for the board initially, and board president Tony Starkey took responsibility for the controversy.

Hockemeyer advised those present that a new standard operating and procedures manual for the police department is still being formulated. It would specifically provide details regarding grievance procedures for the three-man force, which, in addition to Wilkinson, includes David McKeever and Brad Nestel.

Wilkinson was named town marshal in January, replacing McKeever, who had moved to Larwill. A recent state appeals court ruling regarding the residency requirement in Article 6, Section 6 of the Indiana Constitution states that "all county, township and town officers shall reside within their respective counties, townships and towns."

"This won't settle personality differences (between the men)," Hockemeyer said. "It will force us to get into real issues and that's the goal of the council."

Starkey took the brunt of the blame for rumors that have recently surfaced, saying plainly, "I thought it would just go away and by me trying to appease everyone in the situation, it just got worse.

"I'll take responsibility on this," he said.

Jon Sallot approached the board on the subject, telling them he did not generate the petition he submitted during the July 11 meeting, that he just obtained a copy of it.

The petition questioned the nature of executive sessions and what was being done to remedy the problems on the police force.

Dawn Wilkinson said she wrote the petition as was her right as a citizen.

Donna Bowers said the petition damaged public trust and suggested forming an advisory board of citizens. Starkey and the other two board members also serve as the town's public works board, overseeing the police department.

Bowers also questioned the advisability of spouses becoming involved in town business.

Wilkinson said she has every right to speak out as a citizen of the United States.

"I've voiced my opinions on many issues before," the marshal's wife said. "As a citizen I can speak out on any issues. I won't be quiet just because of whom I'm married to. That makes no difference."

Starkey, Tom Rudd and Judy Earnhart did not approve Wilkinson's recommended suspension because of technical problems and a lack of detail regarding the charges in the paperwork.

The suspension request came on the heels of Brad Nestel's appearance at a recent town council meeting requesting the newest squad car be available to the officer on duty, which was approved by the council at that time.

Starkey said the proposed suspension has nothing to do with the officer appearing at the meeting and suggested the council has made mistakes in the past by allowing departmental matters to be aired in public.

The SOP manual is available for public review, Starkey said, and comments about the document would be taken. He said it should be complete by the next meeting, Aug. 8, following another executive session at 3 p.m. Aug. 2.

In other business the board:

• Also heard from Sallot regarding depressions in the streets where gravel has washed away from the recently installed storm sewer pipe in several areas around town.

The board said the street department would take a look.

• Heard from Jim Yeager, 303 W. Walnut, regarding tire ruts left in his yard left by a utility truck installing a new electrical power support pole. The board said the contractor would be contacted to fix the damage.

Yeager also said he has a skunk problem. He was advised to contact Joe Jenkins, who has a live trap for the creatures.

• Heard from Fritz Fegler of North State Street regarding the recurring nuisance of dogs barking in the neighborhood.

Hockemeyer said the dog owners in question have been mailed fines for the ordinance violation. Fegler was told to keep calling when the dogs barked and was asked if he would sign a citation if the disturbances continued. Fegler said he would.

Fegler said it was his second trip to see the council since 1935. His first visit was about a month ago on the same matter.

"I'm not a chronic complainer," Fegler said, "and I don't enjoy spending my Tuesday evenings down here."

The town council meets the second and fourth Tuesdays of every month at 7:30 p.m. in the town hall.