The Consent Agenda of a Hamilton Southeastern (HSE) School Board meeting is normally a list of routine matters, basically detailed financial items and personnel actions.  But the December 14th Consent Agenda contained an item that appears to settle a legal dispute going back many years.

It all started in 2016 when that same Consent Agenda listed a 5 day suspension for employee number 10042.  The WTHR News investigative reporting team asked who that employee was, and it was disclosed Fishers High School varsity football coach Rick Wimmer, also a teacher, was the person suspended.  Mr. Wimmer has since retired.

WTHR asked for the facts surrounding the decision and never received a response that the television journalists believed were consistent with state law.  Public Access Counselor for Indiana, Luke Britt, ruled twice against HSE Schools, saying facts about the suspension must be disclosed.  Those opinions are advisory and HSE chose not to follow Mr. Britt’s advice.

The Reporters Committee For A Free Press, a nonprofit group that provides legal help for issues such as this dispute, provided attorneys to pursue the issue in court on behalf of the WTHR investigative reporters.  HSE prevailed in the county court and the state court of appeals.  The Indiana Supreme Court is not required to accept every case appealed to it, but chose to hear this dispute.

In a unanimous decision, the justices ruled in favor of WTHR, essentially saying HSE Schools must disclose a factual basis for Mr. Wimmer’s suspension in 2016.

The case was remanded back to the local court.  In that Consent Agenda item approved at the school board meeting last Wednesday, HSE agrees to pay WTHR $35,000.  The settlement agreement says HSE School officials admit no wrongdoing in settling this matter.

As to the disclosure of facts surrounding Rick Wimmer’s 2016 suspension, the settlement agreement does not address that.  I will let Bob Segall and his investigative news team broadcast that story when they are ready about that part of the issue.