Tom DeCola filed papers in the Starke County Clerk’s Office on April 2 formally suing the Starke County Council.
The former Starke County Councilman is seeking reinstatement of his seat on the Starke County Council along with reimbursement of court costs, lost wages, and punitive damages not to exceed $50,000.
DeCola claims that he suffered defamation of character when questioned by Commissioner Kathy Norem about his residency and eligibility to hold his council seat. He also claims that she “slandered DeCola continuously” during meetings in November of 2018, December 2018 and Jan. 22, 2019.
During that January meeting of the Starke County Council, DeCola was asked to answer to allegations of public intoxication and disorderly conduct during an incident at the Indiana Association of Counties event in Indianapolis. The incident was brought to light by Commissioner Norem during the public meeting, and other county officials commented they received similar complaints about his alleged acts during the event.
At that time, DeCola requested 30 days to respond to the allegations in writing. The council agreed to give him until the Feb. 18 meeting for DeCola to respond. He did not file anything in writing by that meeting and would not provide a verbal response when prompted by council members during the public meeting.
DeCola was subsequently expelled from his seat on the Starke County Council In an earlier press release, Starke County Council President David Pearman stated that the council followed Indiana Code which stated that the fiscal body may, “(1) expel any member for violation of an official duty; (2) declare the seat of any member vacant if the member is unable or fails to perform the duties of the member’s office; and (3) adopt its own rules to govern proceedings under this section, but a two-thirds ( 2/3 ) vote is required to expel a member or vacate a member’s seat.”
In the claim, DeCola says that the council expelled him “without justification or an official count charge”. He also said the allegations contain unreliable information and the witnesses who made statements to police were not credible.
According to case summary information, DeCola has demanded a jury trial and asked for a new judge in the case. In an order filed April 4, Starke Circuit Court Judge Kim Hall and Magistrate Jeanene Calabrese have recused themselves of this matter in court.
A trial date has not yet been set.
