This post was edited to correct the name of Noblesville High School English teacher Bill Kenley.
Hamilton East Public Library (HEPL) Board Secretary Ray Maddalone has resigned.
The resignation came only hours after Indiana Public Access Counselor Luke H. Britt issued an opinion that Maddalone, then-board president Laura Alerding, and two attorneys from Barnes and Thornburg violated Indiana’s Open Door Law by meeting in a coffee shop in August to discuss HEPL business.
On Tuesday, Aug. 15, at a Noblesville School Board meeting, the board chose to replace Alerding as one of their appointments to the HEPL board with Noblesville High School English teacher Bill Kenley. Alerding’s term on the HEPL board expired on Aug. 26. Her last meeting as president of the HEPL board was on Aug. 24.
One of the items on the agenda at the Aug. 24 HEPL board meeting was the appointment of new officers.
On Aug. 18, Maddalone, Alerding, and Barnes and Thornburg attorneys Mark Crandley and Chris Greisl were observed meeting in a coffee shop and were reportedly discussing the upcoming board meeting about appointment of new officers.
At the time, Alerding and Maddalone were two members of the three-member nominating committee on the HEPL board.
According to Public Access Counselor Britt, “Since official action under the ODL [Open Door Law] includes discussion and deliberation, if the issue of officer positions was indeed broached by Maddalone, an Open Door Law violation occurred because public notice was not given of the discussion and two-thirds of the Nominating Committee was present.”
Britt’s official opinion goes on to say that while his office cannot order sworn testimony or authenticate evidence, “the totality of the circumstances make it nearly impossible to conclude that the discussion did not involve – at least in part – HEPL Nominating Committee business.”
Britt’s opinion, which can be read in its entirety at this link, also states, “Ultimately, it simply strains credulity that the purpose of the coffee shop get-together was not, at least to some degree, for the purpose of planning for officer vacancies and consider potential nominations.”
Britt’s opinion concludes that and ODL violation did occur and recommends that the HEPL board and all its committees act in accordance with both the law and his official opinion in the future.
Maddalone was appointed to the HEPL board by the Hamilton County Commissioners, who will now seek a replacement.
Barnes and Thornburg no longer represents the HEPL board and has not done so since the Aug. 24 board meeting.
Being proactive about Open Door Law
Ditlevson
Prior to Maddalone’s resignation from the HEPL board, current board president Tiffanie Ditlevson reached out to The Reporter and other media with the following statement about the Open Door Law violation and how, under her tenure, she will work to ensure nothing like this happens in the future.
We appreciate the opinion of the Public Legal Counsel. I can assure the patrons, stakeholders, parents, and taxpayers that this information is received in the highest regard and corrective measures are planned.
The HEPL Board of Trustees will participate in a full day of training on 16 October 2023, to include Open Door Law training. We will ensure we will follow both the law and spirit of the law as we work to serve the entire HEPL community.
I am certain the heightened attention of all board members will ensure the recommendation of the Public Legal Counselor is wholeheartedly followed. We concur with his statement: “This office recommends the HEPL Board, and all related committees act in accordance with the law and this opinion going forward.”