Westfield legal battles continue

Clerk-Treasurer Gossard’s IT investigators finally named

Gossard

The ongoing legal battles between Westfield Mayor Andy Cook and Clerk-Treasurer Cindy Gossard entered another chapter Tuesday as yet another lawsuit was filed. This one, filed by the clerk-treasurer, names the mayor as the defendant.

This story, which dates back to February, involves one suit filed against Gossard in her capacity as clerk-treasurer, one naming her as a private citizen, and now one filed against the mayor.

You can read a summary of the story so far at this link.

There have been allegations interfering with a city-wide audit, allegations of spyware installed on clerk’s office computers, and allegations of a late-night “raid” of an office which led to search warrants being served as part of a Sheriff’s Dept. investigation.

One point of contention since the discovery of the alleged spyware on clerk’s office computers has been the name of the private company Gossard hired to investigate the nature of the software, who placed it on her office’s computers, and what data may have been accessed without her knowledge.

The court documents filed this time finally name the private investigative team hired by Gossard: Veracity IIR.

Veracity IIR is a Carmel-based company which identifies itself as a global intelligence, investigation and research firm specializing in corporate risk management and legal action support.

Veracity was founded by former FBI agents and a former CIA analyst, all with decades of experience in conducting investigations and intelligence collection.  Veracity IIR employs highly experienced and accomplished former law enforcement officers, intelligence community professionals, technical experts and analytic personnel.

Gossard’s suit asks for Injunctive Relief and Declaratory Judgement against Westfield Mayor Andy Cook and alleges two counts:

Count 1 for Injunctive Relief:

• An injunction that orders Mayor Cook and his administration to immediately return any equipment from the Clerk Treasures Office that was taken on July 26 in what Gossard describes as a “raid” on her office by city officials.
• Orders Mayor Cook and his administration any to remove any remote access software from the Clerk-Treasurer’s Office computers.
• Orders Mayor Cook to remove any equipment from the Clerk-Treasurer’s that is capable of audio recording.
• Enjoins the Mayor and his administration from installing any software on Clerk-Treasurer’s Office computers without the consent of the Clerk-Treasurer.
• Enjoins the Mayor and any member of his administration from entering the Clerk Treasurer’s Office without the express permission of the Clerk-Treasurer.

Count 2 for Declaratory Judgement:

Cindy Gossard, Clerk-Treasurer of the City of Westfield, Indiana, respectfully requests that this Court issue declaratory judgment that:

1. Clerk-Treasurer Gossard has the independent statutory authority to ensure the integrity and security of the financial systems, databases, and accounts maintained by the Clerk-Treasurer’s Office;
2. Mayor Cook and his Administration does not have the statutory authority to monitor or interfere with the day to day operations of the Clerk- Treasurer’s Office;
3. Mayor Cook does not have the statutory authority to access the computers of the Clerk Treasurer’s Office without the Clerk-Treasurer’s permission;
4. Mayor Cook does not have the statutory authority to conduct warrantless searches and seizures against the Clerk-Treasurer’s Office; and
5. equipment located in the Clerk-Treasurer’s Office is property belonging to and legally owned by the Clerk-Treasurer as an independent duly elected official of the City.

A full copy of this more recent suit, including an investigative report from Veracity IIR, can be read at this link.