 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Frye v. Vigo County6/4/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Bernard G. Frye and Lyman Roberts Jr. (collectively, the "Citizens") appeal the trial court's judgment denying their requested relief for alleged violations of the Indiana Open Door Law by the Vigo County Commissioners (the "Commissioners") and the Grievance Panel. The Citizens raise numerous issues for our review which we consolidate and restate as: 1) whether the trial court erred in finding there was public notice of executive sessions, 2) whether the Commissioners improperly met in executive sessions with the county attorney and union representatives, 3) whether the trial court erred in determining the Grievance Panel meetings were not subject to the Open Door Law, and 4) whether the trial court erred in not providing the Citizens with a remedy.
We reverse and remand.
FACTS AND PROCEDURAL HISTORY
Roberts' employment with the Vigo County Highway Department was terminated by the Commissioners on September 9, 1998, at a meeting closed to the public. The Commissioners acted due to allegations that Roberts had sexually harassed a female employee. The collective bargaining agreement between the Commissioners and the International Union of Operating Engineers Local # 841C ("Union") set forth a grievance procedure that provided Roberts with a process to appeal the Commissioners' termination decision.
Pursuant to Step III of the grievance procedure, Roberts notified the Commissioners that he desired to appeal the Commissioners' decision. On September 28, 1998, the Commissioners met with Roberts in accordance with Step III to review Roberts' termination, heard evidence from witnesses concerning the alleged misconduct, and issued a decision upholding the termination.
Roberts next initiated Step IV of the grievance procedure which states in pertinent part:
The Commissioners, upon official receipt of written notification that the Complainant is not satisfied with the decision of the Commissioners, shall convene an impartial panel within five (5) days to hear the grievance and appeal. This panel shall consist of three (3) members: the County Auditor, and two other officeholders or County officials mutually acceptable to the Commissioners and the Complainant. The other officials may be elected officials, chief deputies, department heads or County employees with supervisory authority. All three (3) panel members must be in attendance at the hearing. (Appellee's App. at 31-32.)
As set forth in the trial stipulation file marked March 9, 2001:
The then Vigo County Auditor, Defendant Judy Anderson, was named to the Grievance Panel by virtue of her office as required by Step IV and the then Vigo County Recorder, Defendant Paul Mason; and Otter Creek Township Trustee, Defendant Betty Easthom, were named to the Grievance Panel by agreement of the Vigo County Commissioners and Lyman Roberts, Jr. in accordance with the requirements of Step V of the Grievance Procedure. Id. at 29.
The Grievance Panel met on October 28, 1998, to consider Roberts' grievance. It was stipulated at trial that " he meeting was conducted as an Executive Session. No notice was given of said meeting. No agenda was posted. No minutes were kept and no memoranda were kept." Id. The Grievance Panel met again on November 2, 1998, and upheld the Commissioners' termination of Roberts' employment. It was also stipulated at trial that this meeting was held in executive session without public notice, with no agenda posted, and with no minutes or memoranda kept.
The parties also stipulated to the following concerning the annual notice of the Commissioners' meetin
Page 1 2 3 4 5 6 7 Indiana Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|