After deciding not to respond to allegations against him in an incident in Indianapolis, the Starke County Council voted by a majority to expel Tom DeCola from his seat on the council.
At the last meeting of the Starke County Council in January, DeCola’s alleged misconduct during a meeting of the Indiana Association of Counties in Indianapolis in December was brought into question where he apparently accosted women there in an inappropriate sexual manner and was later intoxicated in public.
He was sworn into office prior to that meeting was representing the county in an official capacity.
A police report from the Greendale Police Department and sworn statements by witnesses were provided to all of the council members and the media that lists pending charges of disorderly conduct and public intoxication.
During the January meeting, DeCola asked to respond to the allegations in writing in 30 days, or the date of February’s meeting. No written notice was provided during Monday night’s meeting. He said he didn’t feel that he needed to provide a written response.
“After reviewing the paperwork that was handed to me, I read it and decided that it was my in persona civil cause of action and that it wasn’t an authoritative official cause of action. So, I decided it’s not even worthy to respond to it,” stated DeCola.
He did not deny the allegations against him during the council meeting Monday night. He did, however, make a motion to strike the entire discussion from the minutes of Monday’s night meeting and the similar discussion held during the January meeting which failed for a lack of a second.
County Attorney Marty Lucas noted that by law the county council can determine what appropriate behavior is concerning its members. DeCola’s conduct was reportedly considered unbecoming of a county official.
County Council President Dave Pearman gave DeCola two options.
Pearman asked, “Do you want to have your fate decided tonight, or do you want to have a hearing scheduled? Those are your only two choices.”
County Attorney Marty Lucas read the statute out loud of what “fate” the council members could decide in this event.
“A fiscal body may 1. expel any member of the fiscal body for the violation of an official duty and 2. declare the seat of any member vacant if the member is unable or fails to perform the duties of their office. A two-thirds vote is required to expel or vacate a member’s seat,” read Lucas.
DeCola was asked several times if he wanted to have a hearing to which he never gave a straight answer.
A motion and a second was made to allow DeCola a hearing, but it only gathered two affirmative votes by Brad Hazelton and Tom DeCola. A second motion was made to expel, or remove, DeCola from his seat on the council which was approved with at least a two-thirds vote. There were five council members in favor of the motion with one opposed. With that vote, the action was deemed immediate and DeCola got up and left his seat on the council.
DeCola has the right to appeal the action which will need to be filed in a court of law. He did not make an official indication on appealing the action.
In addition, the council approved a motion to have the Starke County Republican Party schedule a Caucus to find a candidate to fill the rest of DeCola’s four-year term.
