Elkhart commission upholds 24-hour suspension for Captain Dustin Flagg after statutory debate
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Summary
After extended deliberation over statutory standards of review, the Elkhart City commission voted to uphold a 24-hour suspension issued by Fire Chief Rodney Dale to Captain Dustin Flagg; the motion to reverse the suspension failed in a roll-call vote.
The Elkhart City commission voted on Dec. 8 to uphold a 24-hour suspension issued to Captain Dustin Flagg by Fire Chief Rodney Dale, after commissioners debated whether their review should be de novo or limited to an abuse-of-discretion standard.
During deliberations the presiding official (identified in the record as the meeting chair) said he had read the statutes and cited Indiana Code provisions in the 36-8-3.5 series while explaining his view that the commission’s role is largely appellate for suspensions of five days or less. "I really believe that there's a tension in the law," the chair said, describing his reading of IC 36-8-3.5-16 and related sections as favoring deference to the chief for relatively minor offenses.
Other commissioners questioned whether the incident at issue was ‘‘minor.’’ One commissioner said the conduct reflected poorly on the officer's character and argued for reversal; another commissioner pressed that the available statutory remedies are limited to upholding or reversing the chief’s discipline. A commissioner who spoke in favor of reversing the suspension described the evidence as consistent with an accidental contact captured on video and noted the apparent absence of fingerprint evidence.
A formal motion to reverse the 24-hour suspension (the motion referenced the chief’s document and the suspension date) was moved and seconded and taken by roll call. Jim Byron voted yes; Regina Fultz voted no; Amber Bressler voted no. With the motion failing on that roll call, the chief’s discipline stood.
The commission’s discussion repeatedly returned to statutory interpretation rather than reweighing new evidence: commissioners framed the choice as whether to perform a de novo fact-finding hearing or to review the chief’s decision for abuse of discretion under the applicable Indiana Code sections cited during the meeting. No further appeal action or next procedural step was recorded in the meeting minutes.
The disciplinary matter had been presented to the commission after Captain Flagg requested a hearing; the chief previously issued the suspension. The commission did not alter the penalty and the chief’s 24-hour suspension remains in effect.