Commissioner Bert Weaver Passes Note: “Ask for a 10-Minute Break”
FRANKFORT, Ind. (November 18, 2024) – Since the conclusion of the Clinton County Commissioners meeting on November 7th – where commissioner Bert Weaver criticized sheriff Rich Kelly for his handling of the investigation of Deputy Melissa Trump along with the reassignment of her K9 partner, Tiko, to another Deputy plus the costs of the investigation that Weaver estimates exceeds $100,000 – Weaver has admitted to passing a note to Deputy Trump’s attorney during the Merit Board hearing conducted on October 16th.
Weaver told Clinton County Today the note he handed to Adam Brower read, “ask for a 10-minute break.” Weaver wanted the break so he could address a statement by Brower at the beginning of the hearing regarding whether or not the commissioners and the sheriff got into an argument during a commissioners meeting.
Weaver indicated he and Brower spoke in a secured area of the Sheriff’s Office – specifically, Central Dispatch. A review of the Merit Board hearing confirms Brower asked for the break saying, “do you want to take a break,” during a pause in testimony of Detective Dan Roudebush.
Video from the Central Dispatch door camera, obtained under the Indiana Access to Public Records Act, shows Weaver opening the door and beginning to enter Central Dispatch while pressing the door open allowing Brower to enter behind him.
The admission by Weaver came after CCT asked Weaver if he had been in contact with Brower regarding the return of Tiko to Deputy Trump.
During the November 7th commissioners meeting, Deputy Trump shared publicly Brower told her at some point after the Merit Board hearing “it sounds like you’re getting your dog back… you just need to be quiet about it.”
Commissioner Uitts asked Deputy Trump, “I am curious how your attorney gained that knowledge?” Deputy Trump replied, “I’m not sure. He just told me to kind of not talk about it.”
Weaver told CCT he has not had any conversations with Brower regarding Tiko; however, Weaver is supporting the return of K9 Tiko to Deputy Trump.
Regarding the $100,000 or more in costs associated with the investigation into the alleged actions of Deputy Trump, Weaver shared the items consisting of that figure include salary and benefits paid to Deputy Trump as well as overtime costs associated with covering Deputy Trump’s shifts while she has been on either administrative duties or paid administrative leave.
A document provided by the Clinton County Auditor’s office to CCT details how Weaver came to the amount he shared. The amount for eight months (March 26th – November 30th) is $62,193.50 for Deputy Trump; including salary, medical and life insurance (county’s portion), county’s match on taxes and pension contribution.
The document contains information for overtime to cover shifts that Deputy Trump was not on the road and is a very broad range from $53,431.26 to $80,155.79 that would add to the cost.
CCT has asked the Sheriff’s Office and Auditor’s Office how much of the overtime budget has been used in 2024 and how that amount compares to previous years as well as how much of the overtime was the result of covering Deputy Trump’s shift currently. CCT is working to determine the answer.
Commissioner Jordan Brewer shared the situation has been mismanaged and should have been handled within the Sheriff’s Office and not have to escalate to the Commissioners adding if Deputy Trump had been allowed to resign and purchase Tiko, the county could have avoided the costs associated with her suspension and the merit board hearings.
Brewer stated, “I’m stepping back and looking at it from a county perspective. If I’m making a financial decision and if this individual has offered me – making the assumption all this is true – offered to resign, will purchase the dog for $6,000. So now, I get money to get a new dog and I am now x amount of months ahead in the hiring process of getting somebody [new].
“Obviously [the sheriff] took charges to remove her from her position so they don’t want her at the department anymore. Now you can hire someone new to be in that place and you’ve expedited the whole process instead of taking eight months like it has.
“I’m just stepping back as a business person – that’s how I look at it. Okay it cost me, I get rid of you know the ‘bad apple’ if that’s how I feel as the decision maker; they’re going to pay for the dog, I get to go get a new dog and hire a new person so that my Department’s not under manned.
“That’s how I would look at it instead of wanting to go through a whole process that is all fair but then ultimately has to come to us and we really don’t even need to be a part of it.”
Regarding the offer of Deputy Trump to resign and purchase Tiko in the quote above. Brewer and CCT spoke as to whether or not the comment was made by her in the meeting. A review of the meeting reveals Deputy Trump did not mention “resign.”
She said, “I, through my lawyer Adam Brower, asked the sheriff’s office if I could purchase Tiko. I was told no because they had too much invested in him.”
CCT followed-up by phone with Deputy Trump to clarify the offer to resign and purchase Tiko in exchange for Merit Board charges to be dropped.
Deputy Trump shared that the sheriff’s attorney – Tonya Bond – called her attorney asking about resignation twice. The second inquiry is when Deputy Trump reportedly asked about resigning but only if she could purchase Tiko – she could not recall the timeline as to when that offer was made.
K9 Tiko has been reassigned to Deputy Preston Hillman for the past two months. The two have recently achieved certification from the North American Police Work Dog Association (NAPWDA).
Deputy Trump surrendered K9 Tiko on May 31st.
Sheriff Kelly responded to Deputy Trump’s statements by emphasizing that the situation was purely about disciplinary issues – not a personal vengeance. He stated that when the Sheriff’s Office receives complaints about officers’ behavior or discipline, they must uphold the rules and regulations outlined in the Sheriff’s Office policies and Merit rules. He attributed the extended timeframe of the investigation to the need for both an internal and criminal investigation, with the latter taking precedence.
Kelly explained that finding an unbiased prosecutor outside the county further prolonged the process, and once the prosecutor decided not to file charges, the case was passed to the Merit board, who also needed time to conduct their own proceedings.
Kelly asserted that K9 Tiko was an asset meant to serve the community, not for “popularity votes” or “likes on the internet”. He argued that Deputy Trump was using the dog for personal gain, and that this behavior necessitated the K9’s reassignment.
Kelly highlighted that finding a volunteer to take on the responsibility of handling a K9 was an “extreme ask”, requiring significant personal and private commitment. He emphasized that K9 Tiko was not medically unfit for service and had several years of service left. He also addressed the cost of training K9s, noting that it had increased due to the need to use an outside facility. This cost included not only the initial purchase price of the dog but also man-hours, travel time, and housing for both the dog and the handler.
Kelly concluded by stating that K9 Tiko was a valuable asset to the community and that the decision to reassign him was made to ensure he could continue working. He expressed his willingness to discuss the timeline of the investigation with Commissioner Weaver at a later time.
Deputy Trump asked the commissioners at the November 7th meeting that K9 Tiko be retired and allow her to purchase him, adding “just name your price.”
The Clinton County Commissioners are scheduled to meet November 19th to decide the fate of K9 Tiko.
Background
Deputy Trump has been paid since March 2024 after allegations of underage drinking at her residence and dishonesty during the ensuing internal investigation. She also faced both an internal and criminal investigation into her alleged use of county assets in social media posts to either receive product and/or compensation. The social media investigation was forwarded to a special prosecutor for consideration of charges to be filed; however, no charges were filed.
At the October 16th Merit Board Hearing, sheriff Kelly’s attorney announced the social media charges had been removed, but stated sheriff Kelly would file those charges should Deputy Trump be allowed to keep her job.
The Merit Board found Deputy Trump violated four Merit Board Rules and Regulations of the five charges filed by Sheriff Kelly – including Truthfulness and Conduct Unbecoming to An Officer.
The Merit Board voted 3-1 to impose a disciplinary penalty of 30 working days without pay based on its preceding findings – equates to two months without pay. Deputy Trump begins her suspension on November 25.