Petitioners ask DLGF to put BTC’s proposed 2022 budget on hold due to ongoing ISP investigation

An article by John Estridge

A petition against the proposed Brookville Town Council’s 2022 budget was presented to the Division of Local Government Finance (DLGF) recently.

The petition will also be handed out at Tuesday night’s Brookville Town Council meeting where council is expected to approve the proposed budget and also the attorneys for the proposed $2.2 million bond issue to buy the golf course for $1 million and the Zimmer building for $600,000 will be present. Also, the attorneys for the proposed annexation of the subdivisions in and around Reservoir Road Hill are also supposed to attend the meeting.

At the 2022 budget hearing held at the Schilling Center on Tuesday, September 28, Brookville resident Dusty Robinson asked Brookville Town Council members to put the proposed budget on hold as it was his understanding there is an Indiana State Police investigation into possible Conflict of Interest regarding Brookville Town Council President Curtis Ward and council member Charles Campbell regarding the purchase of the Brook Hill Golf Club by the town.

BTC members refused to put the budget adoption on hold. After direct questioning, Brookville Clerk-Treasurer Gina Gillman said this is a unique situation, and she did not know protocol for such a situation. However, the money is there in case the bond issue is approved, and the first payment is necessary, she said.

Ward purchased nine empty lots adjacent to the golf course barely a month before Ward accelerated the golf course purchasing project. Ward negotiated the deal with the Brook Hill Golf Club Preservation LLC, which owned the golf course prior to the town’s taxpayers purchasing it. Ward also signed the Resolution to Purchase and the Purchase Agreement itself as the only signature from council.

Campbell also owns an empty lot adjacent to the golf course. He also voted for the purchase.

At the August 10 meeting, Ward said the purchase was being accelerated because the LLC members wanted their money out of the situation, as they were not seeing a return on their investment. In later meetings, he said LLC members wanted to hold onto the golf course, but he negotiated the town buying the golf course instead.

Also, Ward, as a private citizen, wrote a READI Grant application for more than $4 million as partial funding to run infrastructure to the Reservoir Hill area after the town annexes the area. In the grant application, Ward said he plans on building 96 condos on the nine lots. Ward stated in the grant application, he is the Brookville Town Council President.

The READI Grant is federal money distributed by the state.

Part of the 2022 BTC budget is money for the first payment on the 22-year $2.2 million bond issue that is supposed to pay for the purchases of the golf course and the Zimmer Building and upgrades to both facilities.

In the petition, the signers identify the Indiana Code they believe Ward and Campbell violated: IC 35-44.1-1-4.

This is summarized later in the petition:

“A public servant who knowingly or intentionally; (1) has a pecuniary interest in; (2) or derives a profit from, a contract or purchase connected with an action by the government entity served by the public servant, commits conflict of interest, a Level 6 Felony. [IC35-44.1-1-4(c)],” the petition reads.

“EXCEPTIONS LISTED IN THIS STATUTE DO NOT APPLY TO COUNCILMAN/PRESIDENT CURTIS WARD AND/OR COUNCILMAN CHARLES CAMPBELL,” the petition continues.

Bold type and all caps are that way in the petition. Separate violations of the code would each be considered a felony, the petition writers have stated.

The petition starts with the alleged agreement between the town and the LLC three years ago when the LLC purchased the golf course from then-owner Sparky Renaker. Ward has always publicly stated the town promised to purchase the golf course from the LLC for $1 million three years after the LLC purchase.

“In 2018, the Town Board of Brookville discussed the issue of purchasing the Brook Hill Golf Club, located at 11175 Fairway Lane, Brookville, Indiana 47012. This property is located outside the town of Brookville. While there have been numerous discussions and debates concerning this purchase, no written agreement/contract was ever negotiated or approved by the Brookville Town Board. There has also been a lack of transparency on the part of the Brookville Town Board (past and present) in providing information requested by the citizens of Brookville and in answering basic questions concerning this issue.”

It then talks about Ward’s purchase of the nine lots on July 7, and the lot Campbell owns. A GIS mapping overview was included in the petition sent to the DLGF.

Petitioners then talked about the August 10 BTC meeting where Ward told his fellow council members the town needed to move to purchase the golf course immediately, and Ward started the process for BTC Attorney Tammy Davis to write up a proposed purchase agreement and for Ward to act as the negotiator for the town in the purchase agreement negotiations.

“Following the purchase of real estate by President Ward, the purchase of the golf course was revisited, with a sense of urgency, by the Brookville Town Board,” the petition reads. “On August 10, 2021 during a regularly scheduled meeting of the Brookville Town Board, the topic of purchasing the Brook Hill Golf Club was raised by President Curtis Ward. During the conversation, President Ward stated that he “would like Council to consider a motion giving Town Attorney Tammy Davis authority to draft a purchase agreement to present to the LLC (Brook Hill Golf Club Preservation LLC, current owners of the property), and authority to prepare a resolution to purchase property should the purchase agreement be accepted.

“As the meeting continued, President Curtis Ward and Councilman Charles Campbell both disclosed (verbally) that they owned property that is contiguous with the Brook Hill Golf Club,” the petition continues. “Rather than recusing themselves following their verbal disclosure of conflict, both councilmen continued to participate in the business of purchasing Brook Hill Golf Club. In fact, President Ward became more directly involved in the negotiations with the Brook Hill Golf Club LLC. After some discussion, Council Member Eric Johnson made the motion to allow Attorney Tammy Davis and Council President Ward authority to negotiate and prepare the terms of an Offer to Purchase and preauthorize Attorney Davis to prepare a resolution to purchase should the parties reach an acceptable agreement. The motion was seconded by Councilperson Brooke Leffingwell. All were in favor with Charles Campbell opposing. Presumably, based upon the meeting minutes, President Ward voted for this motion. See copy of meeting minutes attached.”

Again, the bold type is also bold in the petition.

Next, the petition talks about the August 24 meeting where several Brookville citizens spoke against the golf course purchase. Following the negative comments, Ward read the Resolution to submit the Offer to Purchase, including the town’s Offer to Purchase, which was then signed by Ward.

“On August 24, 2021 at the next regularly scheduled meeting of the Brookville Town Board, numerous citizens appeared in opposition to the purchase of the Brook Hill Golf Club by the Brookville Town Board,” the petition reads. “Following the public comments, President Curtis Ward read into record the Offer to Purchase. A motion was made to accept the Offer to Purchase and it passed unanimously with President Ward voting in favor. President Ward then signed and dated the Offer to Purchase on behalf of the Brookville Town Board. In light of President Ward’s conflict of interest in this matter, the validity/legality of this Offer To Purchase comes into question.”

Items in bold are also in bold in the petition.

Finally, at the September 14 meeting, council approved Resolution 2021-6, which started the mechanism to purchase the golf course and the Zimmer Building.

“On September 14, 2021, the Brookville Town Board held another regularly scheduled meeting,” the petition reads. “During the meeting the Town Board presented and considered Resolution No. 2021-6. This resolution set forth the mechanism and terms required to purchase the Brook Hill Golf Club and a second piece of commercial real estate within the town of Brookville. This resolution was approved and signed by all members of the Town Council including President Curtis Ward and Councilman Charles Campbell.

“In spite of his acknowledgement that he has a conflict of interest, Council President Curtis Ward remained at the forefront (promoting and negotiating) of the purchase of the Brook Hill Golf Club,” the petition continues. “Councilman Charles Campbell participated and voted in favor of this purchase while also having acknowledged a conflict of interest on his part.”

Bold type is also bold in the petition.

The last two paragraphs of the petition is a summary of why the 2022 BTC budget should be paused, according to the petitioners. And it also states the matter is under investigation by the ISP.

“It is the contention of those citizens/taxpayers in opposition to this budget that the requested funding and related tax levy will serve to fund the efforts of Council President Curtis Ward and Councilman Campbell violating the aforementioned statute in the commission of a Level 6 Felony (s),” the petition reads.

“It should also be noted that this transaction is under investigation by The Indiana State Police with the possibility that criminal charges will be filed against involved individuals,” the petition continued.

Each of the final two paragraphs is also in bold in the petition.

Petitioners believe the BTC will have to answer in writing to the DLGF the facts brought out in the petition to the DLGF.

The DLGF is a state agency, which approves or does not approve local governmental entity budgets. Petitioners also said a copy of the petition has been sent to the State Board of Accounts asking that agency for an investigation of its own regarding the situation.

Often, as a result of an SBA investigation, it will send its findings to the local prosecutor for possible criminal action.

Tuesday’s meeting will be held at 7 p.m., at the Schilling Center and is open to the public.