Winona Fire Chief Requests Compensation For Time Spent At Trial
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Jennifer Peryam-jperyam@timesuniononline.com
WINONA LAKE – Winona Lake Fire Chief Mitch Titus requested Tuesday that he be compensated for time spent testifying in court when he was subpoenaed to provide information regarding a former volunteer firefighter. During Tuesday night’s council meeting, Titus said he was subpoenaed by the Indiana Court of Appeals, South Bend, to testify on June 18 and 19 regarding personnel records and dates of employment of the former firefighter. Titus said he used two vacation days to attend the required proceedings and during Tuesday’s meeting requested he be compensated $308, two days wages he did not receive while testifying at the proceeding. Titus said he only received $40 from the federal government for attending the proceeding. The council decided Jim Walmer, town attorney, will submit a letter to Indiana Attorney General Greg Zoeller requesting that Titus be reimbursed. If the attorney general’s office approves the payment, the Winona Lake Volunteer Fire Department will vote on Titus receiving the amount. Kent Adams, clerk-treasurer, said he received an e-mail from Dean Gerlach, Indiana State Board Of Accounts supervisor, that stated since Titus is not a town employee, the town does not have an obligation to compensate Titus for his time spent at the court proceeding. Adams said the State Board of Accounts advised him that as clerk-treasurer he could not authorize payment of the claim since Titus is not a town employee. “I feel it’s wrong that I can not be reimbursed for this since it was something to do with the fire department. It was not jury duty,” Titus said. Titus said he was subpoenaed because of the personnel issue within the fire department. Titus said he felt it needs to be put in the town’s contract that if someone gets subpoenaed because of the fire department that they should be reimbursed. Terry Howie, councilman, said he felt Titus had a valid point about being compensated. “The town does appoint him as the fire chief and the fire department is a volunteer department, but the fire department makes a recommendation to the town council who they would like to have as their fire chief,” Howie said. The town council acts on that recommendation and appoints that person as the fire chief. “My personal opinion is that we should reimburse him,” Howie said. Adams said the State Board of Accounts informed him the payment request can be submitted to the Attorney General’s office, which Walmer will do. Walmer said there are many employees who are subpoenaed and don’t get compensated by their employer, which is not legally obligated to do so. Town Marshal Paul Schmitt said the town’s reserve officers get subpoenaed and are not paid when that occurs. Walmer said if the attorney general approves Titus to be compensated, the Winona Lake Volunteer Fire Department can vote to reimburse Titus with funds from its fire department fund that would not need to be approved by the town council.
