CLINTON COUNTY, Ind. – The Board of Commissioners for Clinton County passed the first reading of revised changes to the county’s Nepotism ordinance on Tuesday after Judge Sean Persin of Tippecanoe County ruled on July 7th that the current ordinance did not prohibit Sheriff Rich Kelly from hiring his wife, Ashley Kelly, to serve as Jail Matron. The first reading of the amended Nepotism ordinance did not appear on the publicly posted Commissioners meeting agenda; however, the agenda does state the board may entertain other business not shown.
Commissioners President Jordan Brewer presented the changes stating, “as many of you know, about 15 months ago, we took the action of the injunctive relief with Tippecanoe [County] in regards to the commissary fund… Judge Persin had a ruling in regards to the Nepotism policy that he came out with about a month ago.”
“And our interpretation of that policy, he said was inaccurate because we viewed it, that it was restrictive enough on terms of who could be the Jail Matron.”
Commissioner Brewer noted Indiana statutes allow for more “restrictive” nepotism rules in two exceptions at the local level, Jail Matron and Deputy Coroner. The proposed revision, Ordinance 2022-08, will address both exceptions should the ordinance pass its final reading at the next commissioners meeting, August 22nd.
The proposed changes states, as read by Brewer, “the Sheriff’s spouse may not be employed as prison matron for the county and the spouse may not otherwise be in the county Sheriff’s direct line of supervision, item four, which is in regards to the Coroner position, says who’s successor in office of the Coroner is a relative of the individual may not be hired in the position of Deputy Coroner of the county and being the county Coroner’s direct line of supervision.”
Clinton County Sheriff Rich Kelly was not surprised by the actions taken by the Commissioners.
“I looked [and] didn’t see it on the agenda as advertised as a first reading, but this is an expectation from the county in regards to the decision that was made by Judge Persin in Tippecanoe County,” said Sheriff Kelly “It was fully expected that the Nepotism policy would be addressed and that they would change it.”
“So in, in lieu of everything that has transpired over the last 18 months, this was an expectation that this would take place and to remove somebody from the ability to provide for the community, provide for the employees, the employee spouses and programs that have done nothing but [be] positive for the county, as well as its residents in the community.
“And it is a shame that this is their answer to being productive at a office. So with that, you know, there will be a resulting negatives from this. And, the fact that, programs, grants, things like that will either be turned back to the state and to the federal government, as well as, the interruption of services to our community and to our inmates.”
Sheriff Kelly is waiting to receive a copy of the proposed changes to the Nepotism ordinance and how those changes impact all county government.
“The question stands – is this a policy, amendment to an ordinance that is going to affect all county agencies? And that will be the interesting question and how that is, put into the ordinance. So if that’s the way the ordinance is written, then the ordinance will, you know, affect, who’s employed at our Sheriff’s office, at the Coroner’s office, as well as, I would say, every other office in this community.”
Commissioner Brewer when asked after the meeting when he would anticipate the new ordinance would take effect replied, “I would expect it to be immediate, but that will be a conversation we’ll have to have at the next meeting as commissioners to figure out a timeframe that we plan to address it.”
