EVANSVILLE—An integrity commissioner has dismissed two complaints filed by two members of the public against Burpee and Mills Reeve Ken Noland on code of conduct issues including abuse and intimidation.
In a letter to Burpee and Mills Township council dated June 26, integrity commissioner Harold Elston of Barriston Law wrote, “I have been delegated to act as the township’s integrity commissioner regarding two complaints filed against reeve (Ken Noland) (one on August 4, 2023 and one on August 15, 2023). I have now concluded my inquiries and wish to report the results of my investigations, to you.”
Mr. Elston explained, “in the course of my investigation I interviewed the two complainants, Reeve Noland and another witness. There was no video recording available. The complaints did not specify which part or parts of the Code of Conduct were allegedly contravened. I have applied sections 7.1 and 7.2: Conduct Respecting Others.”
“Those sections read as follows: 7.1 Every member has the duty and responsibility to treat members of the public, one another, and staff appropriately and without abuse, bullying or intimidation and to ensure that the municipal work environment is free from discrimination and harassment. The member shall be familiar with, and comply with the municipality’s workplace anti-violence, harassment and sexual harassment policy. 7.2: A member shall not use indecent, abusive, or insulting words, tone or expressions toward another member, any municipal staff or any member of the public.”
“After careful consideration of the testimony I heard, I have determined that Reeve Noland did not treat the complainants abusively or attempt to bully or intimidate them. I also find that he did not use indecent, abusive or insulting words, tone or expression. Accordingly, I have dismissed the complaints,” wrote Mr. Elston.
Art Hayden, deputy-reeve for Burpee and Mills, told The Expositor after a council meeting last week where the letter was brought forward (with Reeve Noland not part of the discussion due to conflict of interest), “There are legal costs attached to this but we can’t specify how much they are or who the complainants are. We as council are satisfied with the judgment and appropriate findings discovered by the integrity commissioner.”
“Yes, we as a township do have the option to take legal action to recover the legal costs due to the actions taken by the complainants,” said Councillor Hayden, who wouldn’t say what the decision is at this point.
“Our legal costs for the township have been impacted, significantly, by this type of thing taking place, which causes an extra burden to our taxpayers,” added Councillor Hayden.
