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Elkhart commission upholds 24-hour suspension for Captain Dustin Flagg after statutory debate
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…
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