Zionsville Mayor Emily Styron
Zionsville Mayor Emily Styron is asking a Boone County court to clarify her power to demote those officers in “upper level policy-making positions with the town,” specifically Fire Chief James VanGorder.
On Tuesday, the mayor filed suit against all seven members of the Zionsville Town Council and is asking the court to uphold her authority to demote VanGorder to his former merit rank after being chief for 24 years. Yesterday, the town council voted to deny her the power to do that after nine months
of discussions on VanGorder’s performance.
“There is a fundamental disagreement between the executive branch and the legislative branch in Zionsville over the authority of the mayor to decide who should lead a town department,” Styron said in a press release issued Wednesday. “I believe the result of this legal action will provide clarity to my administration and to all future mayors of Zionsville about whether or not a mayor has the ability to select their own leadership team to run town departments. There must be no ambiguity.”
Styron said in a statement from Monday that when she took office “multiple members of town departments” approached her with concerns about VanGorder. She said she asked the council to support her belief that a change in leadership was needed.
At Monday’s town council meeting, the members unanimously voted against the demotion. Later that morning, Styron stripped VanGorder of his powers and put him on paid administrative leave for a week. The mayor’s office said Van-Gorder retains his title and pay.
“He is still an appointed department head,” Zionsville Public Information Officer Amanda Vela said. “The mayor has assigned him to work on special projects. He will continue to report to the mayor.”
Vela said day-to-day duties will be shifted while Van-Gorder is working on special projects.
“Deputy Chief of Fire Prevention Josh Frost will assume additional responsibility within his current role,” Vela wrote in an email. “It is the mayor’s belief that the realignment of responsibilities will help develop a stronger organizational culture within ZFD while assisting with the retention of the brave men and women who keep us safe.”
Styron’s court petition for the suit quoted the reorganization resolution from 2014 showing the mayor’s powers to appoint the fire and police chiefs.
Then in a separate paragraph she argues: “As a corollary to the power of appointment, the mayor has the authority to demote the chief of Police and Fire Department to the position he or she occupied prior to the appointment as chief.”
However, later on in the voter-approved document is this statement seemingly giving the power of removing a department head to the council: “The Mayor must have the approval of a majority of the town council before the executive may discharge a department head.”
Before the suit was filed, council Vice President Jason Plunkett said these positions are department heads and require a majority vote of the council to authorize a demotion. He also answered the accusations that were brought forward by the mayor in discussions over the last nine months.
“I believe that the accusations levied against the department head lacked the documentation, due process, and evidence of wrongdoing or actions that would justify the discharge, or demotion, of this department head,” Plunkett said in a prepared statement.
Styron has subpoenaed all seven council members who are being given 23 days to respond.
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