The Town of Sellersburg Killed My Dad

People used to ask me why I left my hometown and live in another state. It's because it feels like my hometown killed my dad.  I was raised from age two in Sellersburg Indiana.  Both my parents taught school and especially my dad was well loved and well respected guy.   Childhood in Sellersburg Indiana in the 60's and 70's was idyllic really.  Everyone knew everyone ... the rules of life were clear and generally well followed.  The town was safe for kids.  It was bike riding,  baseball games, playing in the woods and pick-up basketball down the courts behind the grade school.

There were three elementary schools--Sellersburg,  Stout and St. Paul's  but it's pretty much a fact that from 6th grade on, you went to school with the same gang of kids that you graduated with from Silver Creek High.   To this day, I feel kinship with almost all my old classmates from the class of '77.

Fast forward to 1983  and this was when a terrible thing happened in my life.  My dad,  Bill Mosley,
suffered a massive heart attack at age 49.  He was in hospital for weeks and somehow survived.  Dad was a diabetic.  I grew up with my dad sitting at the breakfast table, every morning,  shooting up a large injection of insulin.  Today,  they know it's best for a diabetic to receive smaller doses throughout the day to better simulate the way that insulin is naturally released into the body.  But then, it was one giant dose and 'good to go'.   The diabetes took a toll on Dad.  In the late 60's it led to
a condition that forced him to have all his teeth removed.  He wore dentures from about 68 on.  He was only about 35 years old.  Never EVER heard a word of complaint from him about it. But, when I think how I would respond....I would have been weepy and wallowing in self pity...but not Dad.

He recovered and went back to teaching school,  and in the next few years really achieved a recovery.
While we always worried about his heart,  (his family)  for the most part he did very well with changes in diet and lifestyle (he quit smoking) that served him well.  He did so well that he felt up to running for the Sellersburg Town Board in 1987.  In the Spring Primary he defeated incumbent William "Red Buck"  Collier.  (My friend Rusty's dad) for a seat on the town board.  In the fall,  he faced someone from the GOP party but I can't even recall their name. It wasn't much of a race as whoever won the DEM primary was a 'shoe in'.   Red Buck didn't like getting voted out of office.

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ISSUES OF THE DAY

Part of the reason my dad won, was that most people in Town were getting tired of what seemed like a 'good ole boy'  system.  At that time,  1987,  perhaps the town's biggest challenge was that the town's wastewater (sewer department) system was threatened due to non-compliance with EPA regs.
The town was facing massive fines if they could not 'fix the sewer plant'.

It wasn't clear, at all,  how this problem could be dealt with.

Some 'powers that be'  saw this as an opportunity.  "They" convinced the lame duck board, Red Buck,
Melvin Curtis and town attorney Mike Maschmeyer that the best solution was to petition the State to
establish a regional sewer district..."Silver Creek Regional Sewer District".  This would be a board composed of two appointments from the Commissioners, the County Council, Sellersburg, Clarksville and maybe Jeff (I can't remember now).  In other words,  the people of Sellersburg would go from controlling their own utility (including rates)  to 'having a voice' in the matter. The big winner in this hand off was Clarksville and a guy named Wayne Johnson who was running the REMC. 

For those of you old enough to realize all the development that has happened in Clark County since
1987,  you will appreciate that CONTROLLING that development was a set up for power and money.
Take a forty acre farm field.  What's it worth if it has no electric, no water service and no sewer? Compare to what it's worth with those amenities?  That's what was at stake all over this part of the County.

But,  me and my dad did not know ANY of that when he won a seat on the town board.
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POWER MOVES

At the last town board meeting of 1987,  in late December,  the Town board voted to petition the I.U.R.C  (Indiana utility regulatory commission) to establish the SCRSD and voted to transfer the ownership,  lock stock and barrel to the  SCRSD.  Very swiftly,  the SCRSD board was established
and began to make plans for 'take over' of the Sellersburg Sewer department and Wastewater treatment plant.

(Yeah....this is a lot like what is going on currently in Charlestown with the Water Utility.)

Realize,  dear reader,  this was effectively a 'giveaway' of a multi-million dollar asset that belonged to the  town....ie the people of the Town.   As  my dad and the new board  took office (only Roy Everitt was a holdover from the previous town board)  pressure mounted on one side for my dad and the new board to reverse this....and on the other side for the new board to 'accept the reality of the situation'.

In January 1988 I was a green as a gourd lawyer who had only been licensed since October of 1986.
In an act of open nepotism  (and with nobody else even applying for the job) I was chosen to be the town attorney for Sellersburg.  (my dad abstained from the vote).  My dad and the new board wanted to stop the giveaway and they looked to me for a legal way to do it.  This was a daunting task for a young dumb greenhorn lawyer.

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"THE OLD SWITCHEROO"

I pondered the problem and looked at what had been done and the laws surrounding it. I realized that although the petition had been filed with the IURC,  and a provisional board had already formed and begun meeting....as a matter of fact the IURC had not actuall GRANTED the petition.  I wasn't too bright but I  had a notion that a party who files a lawsuit or petition withdraws the petition or lawsuit
BEFORE the court or deciding body acts on it....then the action MUST be withdrawn.

In this case, Sellersburg had been the petitioner to establish the SCRSD....and I realized the IURC had not yet ACTED on the petition.

On behalf of the town I now filed a MOTION TO WITHDRAW THE PETITION and DISMISS the request to establish the SCRSD.   In other words,  the legal equivalent of what Fred Sanford used to say to his son on SANFORD AND SON..."I brought you into this world and I can take you right out"!

When I withdrew the petition....all HELL BROKE LOOSE.
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TOXIC TOWN

Thus began some of the most toxic litigation I was involved in.  The provisional board opposed the
withdrawal and all the 'powers that be'  lined up against my dad and the board.  As the season
progressed I saw my dad being treated like shit.  Called a rube,  dumb ass,  a pussy (because his strongest allies on the town board were the two women on the board)  and so on.

He began to get hate messages on his phone.  People would call at night and just to say nasty things
about my dad and family members. It was toxicity at a level I would never have imagined from my
idyllic little town of Sellersburg.

On top of this,  Clarksville moved to annex territory right up into what had been traditionally been considered Sellersburg area.  Hamburg,  perhaps as much an idea as a place,  was served by the Sellersburg post office,  Sellersburg School system and Sellersburg churches.  Coincidentally ...or not...the architect behind Clarksville's plan was Sharon Wilson.....who was also a key figure in the plan to establish the SCRSD.   Clarksville's proposed service plan for this area was reliant on the
proposed SCRSD...NOT it's own sewer department.   I believed  (and still believe) that this was
done to establish a level of credibility and authority for the SCRSD  with the Utility Regulatory Commission.  It sure felt like it.

People in Hamburg reached out to the Sellersburg Town board and asked my dad and the others to block this move.  They did not want to be a part of Clarksville!    Unfortunately for Sellersburg,  I could not find an effective legal way to stop it.  Our only hope was to prevail upon the county and the adjacent municipalities  to veto Clarksville's move.

Me and my dad got on the agenda for the County Council and made our pitch.  I well remember that we were dismissed....except for Jimmy Gillenwater  who spoke strongly on our behalf and, after the meeting,  encouraged us and told us that "the good old boys of the Democratic party were squelching you".    (in 1988 the Democrats were in full control of all city and county offices).

When we appeared before the Jeffersonville City Council  it was even worse.  I will never forget John Perkins snearing at us.  It was pretty ugly and it hurt...on many levels.

Clarksville prevailed.

Meanwhile,  the IURC  finally reached a decision.  Even though I was a green horn lawyer,  my theory was good.  They ruled to grant the motion to withdraw the petition.  There would NOT be a SCRSD.  That was great news....but did nothing to help the underlying problem....the town was
still facing massive threat from the EPA .  Needless to say,  my dad nor any of the board knew how
to run a sewer system but we needed to know right quick.  The town floundered trying to sort this out.  Meanwhile,   the town board needed basic information about town resources.  How much cash was on hand?  What could the town afford?  What was the town income and what were the expenditures.  All this was the province of the town Clerk-Treasurer.

My dad asked the clerk-treasurer for this information and so did I.  Anna McCartney held that office at the time and she was a hold-over from the previous board/administration.   I recall asking to see the bank accounts for the town...as the town attorney.  She simply refused!  In fact,  Ms. McCartney
(who , btw,  lived next door to one of my best friends from high school)  simply refused and did everything she could to thwart it seemed whatever the new board and my dad tried to do for the town.
Why?   I don't know.    There was a rumor at the time that a bunch of the old boards cronies were getting free gasoline for their cars and it was paid for out of a town account but I never was able to figure that out.  I really don't know why Anna McCartney acted the way she did.  I just know that it was hateful and toxic.
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THE NEW SWITCHEROO

In July, 1988  Mrs. McCartney suddenly hired Red Buck Collier as a deputy clerk-treasurer.  She immediately resigned and 'appointed' him her replacement as Town Clerk-Treasurer.   This was just a plan to put RedBuck back in 'power' to harry my Dad.

Immediately,  I had to learn what the law was on who fills the office when it becomes vacant.  To me it seemed clear that town board made an interim appointment of 'acting' Clerk-Treasurer but that the office would be officially filled by caucus of the party  of the former elected CT.  That meant the Clark County Democratic party would ultimately name the replacement.  I felt sure that meant they would caucus in Red Buck.

My legal advice to the board and my dad,  no matter how much they may personally have hated it
(and most of them did hate it)  was to appoint Red Buck as acting CT until the caucus to make sure that any actions he took under the unlawful 'appointment' by McCartney would not lead to legal problems.

So,  my Dad gritted his teeth and publicly announced that he,  too,  was appointing RedBuck as acting CT at least until caucus.

However,  in public (local news)  Red Buck loudly proclaimed that he rejected my Dad's appointment. 

This act of mulish obstinancy was infuriating.  Red Buck was taking access to the town's records, billing and bank accounts  ... continuing to refuse to show them to the town board etc.,  and taunting the board and especially my dad.

The Evening News was having a field day with all the idiotic antics going on in Sellersburg. John Gilkey seemed to love writing about the dysfunctionality of the town's government.    Legally the case was impossible.... what is the town board supposed to do with a person with no legal authority handling all the town clerk-treasurer business?    Dad wanted to give RedBuck and ultimatum...accept appointment legally or get the hell out of the CT office.   I told him "let me file a petition in court for a declaratory judgment and have a court tell us what to do".

I filed a suit for a court to determine the issue.  But, as Redbuck taunted my dad,  he gave the Sellersburg Police the order to arrest Redbuck and remove him from the CT office as a trespasser.

Thus the spectacle of the police going into the CT office and arresting Red Buck.  All the local news went wild!

Instead of taking RedBuck to jail, however,  the police brought him down to the Clark County Prosecutor's office which was my regular full time job.  Can you say "Conflict of Interest"?
Jerry Jacobi,  the elected prosecutor at the time directed that Collier be released.  He was
never charged with a crime.
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CAREER CHOICES

For me,  this was a big turning point.  I felt I had to either quit as town attorney or quit as deputy
prosecutor.  Even though,  the full time job was one I loved and certainly paid more money,  I felt I could not quit my Dad and the town.  I resigned as deputy prosecutor.

The next thing to happen was that Mike Maschmeyer,  my predecessor as town attorney showed up to a.  Defend on the Declaratory judgment to determine who was CT and b.  file suit against my dad and me on behalf of Redbuck for false arrest. 

Meanwhile,  I went to the chairman of the Democrat party, Jimmy Bottorff,  and begged him to a. call the caucus and b. step in and help end the constant attacks from fellow democrats on my Dad and the town board. (4 of 5 were Democrats....but were not 'in the cool kid club' of the Central committee).
Mr. Bottorff  politely declined.   "Your dad can afford to be friendly...he won the election (against Red Buck)."    I will never forget that .   It was,  I learned,  the status quo of our counties party then
and for many years after.  There was the democratic party and then there was THE democratic party.
The cool kids (or good ole boys and gals) and the rest.

Finally weeks later.  I felt I wasn't serving well and my own personal stake in everything was clouding my ability to do the job right.  I resigned as town attorney in favor of a fellow in the law office I had joined...but with that change,  it led to hiring an entirely new lawyer,  Susan Williams.
The caucus finally happened before a Declaratory Judgment could be issued which rendered the issue moot.   Red Buck was officially CT.   and from September to December every monthly meeting was
a snear fest at my Dad  along with continued petty toxic phone calls and mistreatment.

In December of 1988,  less than a year after taking office,  Dad was so worn out he decided to retire
as a teacher.  He was 54 years old.

On January 23, 1989,  Dad suffered another heart attack and died. 

Everyone knew of my Dad's heart condition and of his long career of  being,  dare I say, a great teacher to their children and children's children?  Yet,  in the final year of his life,  a certain segment of the Town of Sellersburg unleashed a level of vitriol,  hatred and toxicity that made his life miserable and stressful and yes....I believe led to his death.   Of course there were other factors, his diabetes,  caring for his aging mother,  everyday worries etc.   But I will always believe that if the
Town had not had this faction of toxic people ...or if the rest of the town who loved my dad had done better and shutting them down or if I had been a stronger defender....he would not have died aged 54.

That's why I won't be living in Sellersburg Indiana.

Here is a memorial his family,  me and my siblings, had published about him on the 20 year anniversary of his death:

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WILLIAM DALE MOSLEY 6/6/1934 -1/23/1989 Twenty years have passed since he had to leave, yet he still lives in our memories and as we go about our days. He was the only child of Everett and Cleo Mosley, growing up in Hardburly, Kentucky - a coal mining camp that no longer exits. He was diagnosed with juvenile diabetes at age 16. He met his future wife, Sue Sizemore, while recovering in a hospital. He took an insulin injection every morning of his life and in his thirties lost all his teeth due to diabetes, yet he never complained. He attended Union College with hopes of becoming a doctor, earning money for school as an X-ray technician. (His great grandfather had been a mountain doctor.) Instead of continuing to medical school he married Sue, started a family and took a job teaching biology in Louisville. Soon, he moved his family to Sellersburg, Indiana and began teaching at Silver Creek High School. At Silver Creek he started the drama program and tennis team. He was a caring, admirable father to his children David, Steven, Paige and Stacy. A man of integrity, he tutored many boys who resided at the children's home and was there for them in times of need. He loved theater, tennis and chess. He collected knives and could fix anything. He was handsome, charming and social, but had a fierce temper. He became a horseman and loved to ride. He was always interested in science and its possibilities. He felt a strong sense of social responsibility and was repeatedly elected president of the Teacher's Association, negotiating teacher contracts with the school board. Near the end of his life he was elected to the town board and then chosen as board president. He saved the town utilities from a privatization scheme and improved the police department. He was a truth teller and a "tough guy." He was a faithful husband. He delighted in becoming a grandfather and was very proud of Jake, Luke and Zachary. (He never got to see Isabel). We loved him. We offer these words as a memorial to him. But the true memorial is the powerful influence he wields still in the lives of us who knew and loved him. To Sue and his children he gave everything, not least, an example of how to hold up in this life. He held up so well.
Published in The Courier-Journal on Jan. 23, 2009

Comments

Unknown said…
dave i looked up to your dad he was a great teacher and is a still a well respected man regardless of some peoples peoples opinion i remember him always still have respect for him and your family sincerly roger edwards
Unknown said…
One of my favorite teachers.
Donna Taylor said…
I am sorry that I was so caught up in my own life at this time that I was completely unaware of the politics in our town. I went to a meeting once or twice and that was to request a "slow - children at play" sign be erected in our back alley after they the granted the doctor at the end of our neighborhood the right to open it up to through traffic. But this is why I do not like politics. Most, and I truly believe that, are not in that setting to serve and those who have tasted the power want to devour those who are there to serve because servitude directly opposes selfishness and the two do not meld. Your Dad has his eternal reward. Of that I feel quite certain. And he was and is highly respected and loved in the eyes of those who knew him as are you, David. -dt
Unknown said…
A man that held my attention,and taught life lessons, and biology,a great human being,class of 80.

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