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BURKET – Burket Town Council heard complaints Thursday about a council member’s behavior towards a town resident and how the council enforces ordinances.
During public comments, Allex Gault first asked Councilwoman Lena Ball and Council President Bill Rayburn what the purpose was of the meetings. Rayburn said it was to conduct town business. Gault asked if it was supposed to be a free space for everyone. Rayburn said it’s a public meeting.
Austin Rovenstine, town attorney, said under Indiana’s Open Door Law, all meetings have to be public and have to be livestreamed if they are able to. The town council doesn’t have to allow for public comment, but he thought it was a good idea and good governance if they did. Rayburn said he thought everyone should have a chance to speak.
Gault then asked what was required of council members during meetings. She said Ball has done things to her grandmother.
“But you’re a board member. So why is that allowed? Why is that OK?” Gault asked.
Rayburn said he’s not sure it’s OK. Gault said Rayburn was allowing it, but Rayburn said he wasn’t. Gault said the issues have been going on for years and asked how Rayburn wasn’t allowing it.
Rovenstine said the council president wouldn’t have the authority to prevent any private actions of any council members. Rovenstine said even if it happens in a meeting, the council president doesn’t have the authority to take any action. Gault asked who does then. Rovenstine said the voters do and said the next election is in 2027.
Lori Gagnon said a few weeks ago she drove around town to look around and there were several trash cans along the road. There are several places that look like junkyards and there’s places that have windows knocked down and gutters hanging off. She said she would want to live in a town that helped each other.
Resident Vicki Scott verified with Rovenstine that he represents the town council, but not the town of Burket. Rovenstine said that was correct. Scott said Burket needs someone to represent the town.
Scott said she hadn’t been to council meetings for 2-1/2 years until last month because “it’s like talking to a brick wall.” She said there’s more junk cars in town then there are houses. She also said there’s always one person that’s always being singled out.
She said town council members have to set an example. Town ordinances are for the town of Burket, she said.
There was a lot of back-and-forth between her and Rayburn.
At the beginning of the meeting, the council passed a resolution establishing rules for participation at council meetings.
Rovenstine said he prepared a resolution about participation, modeling the resolution after one adopted by the town of Pierceton. He said he watched December’s meeting and it got a little heated and there was a lot of back and forth, so the goal of the resolution was to get everything going in an organized, civil and orderly way.
The resolution stated the Burket Town Council conducts its regular and special meetings open for public observation in accordance to the Open Door Law. The town council is not required to allow residents to speak at meetings, the council desires to allow such public participation in an orderly manner that is fair to both the town council and the members of the public.
The resolution put out several rules for public participation, effectively immediately. The town council may, at its discretion, allow an opportunity for public comments or discussion at any point during its meetings. If the town council should decide to provide time for discussion, time is limited to three minutes.
Before addressing the town council, the attendee should provide their name and the topic they attend to address. The total amount of time dedicated to public discussion will not be more than 30 minutes.
The members of the council may decide to reply to a public comment or question, but are not required.
“Often comments and questions from the public raise issues that require research and consideration before a proper response can be given and the town council members can not respond on the spot,” the ordinance states. No attendee can engage in conduct that is disruptive to the meeting. The presiding officer at the meeting will take reasonable steps to maintain order in respects to attendees and members of the governing body. Any attendee or official that is disruptive during the meeting may receive up to three verbal warnings from the presiding officer at the meeting; at the third warning, the person may be asked to leave and if they refuse, law enforcement may be asked to get involved.
