An EDITORIAL by John Estridge
Tuesday afternoon, Nov. 2, during a special meeting and in less than two minutes three Brookville Town Council members voted to sign an engagement letter with Bose McKinney and Evans, an Indianapolis law firm, in the event felony charges against two council members are levied as a result of a Indiana State Police investigation.
The focus of the investigation is BTC President Curtis Ward and BTC Member Chuck Campbell. Campbell did not attend the meeting, and Ward did not vote. And Ward barely spoke before, during and after the brief meeting.
Ward purchased nine lots off Par Road and adjacent to Pig in a Poke Golf Course for $265,000 on July 7. Since that time, he demanded and led a quick purchase of the golf course by the Brookville taxpayers including his own personal negotiation for the purchase, voting on the purchase and signing documents for the purchase. Campbell also owns a lot adjacent to the golf course and voted for and signed documents related to the purchase.
ISP is investigating the duo for possible Conflict of Interest violations, which are felonies.
BTC Attorney Tammy Davis said Tuesday afternoon she did not think anything would come out of the investigation; however, she wanted the town to be able to hire Bose McKinney and Evans if there are charges.
No one explained what this means. Does it mean the town taxpayers would have to pony up money for the defense of Ward and Campbell?
Some think it is the law firm would defend the town if charges are filed. That is because a group of taxpayers have talked about suing the town if there are charges. The suit would involve getting the golf course purchase rescinded and at least part of the bond, if not all of the bond, stopped. There may also be a case for Civil Rights violations in federal court.
This is very interesting that Bose McKinney and Evans was picked.
During the public hearing for the $2.2 million bond, where most questions concerning the bond were not answered by anyone, a Brookville taxpayer, who is a retired State Excise Police Lieutenant and retired Franklin County Sheriff, presented a detailed account of how the two men violated the state’s Conflict of Interest code saying the bond issue should be delayed until the state police investigation is over. He handed out hard copies of the papers to the BTC members, Davis, and Bose McKinney attorneys present at the public hearing.
Without looking at the documents, an attorney for Bose McKinney and Evans said there is no conflict of interest.
Bose McKinney and Evans is the law firm doing the bond issue for the town, which is good money for the law firm. It is also the point law firm concerning annexation, which is also a very pertinent point in possible Conflict of Interest charges and also a lucrative contract for the law firm.
Now, being the firm that will defend the town, that law firm has positioned itself in a can’t lose position. If the bond and the annexation proceed, they will make a lot of money. If they are delayed because of legal action brought against the town council, they will still make a lot of money defending the council.
They can’t lose.
Unfortunately, on the other side of this whole equation are the taxpayers – who can’t win. They will get the bill for everything regardless of how any lawsuit or criminal charges eventually play out.
That, my friends and fellow taxpayers, is an example of cruel irony.