FRANKFORT, Ind. – “This contract that was provided by Commissioner Brewer, yes, it does feel like extortion,” commented Clinton County Sheriff Rich Kelly. The Sheriff’s comment was made after Clinton County Today requested a copy of the presented 2023 Commissary Manager contract through a public records request and review of the document.
The contract was presented to Sheriff Kelly by Commissioners’ President Jordan Brewer on January 18 during its public meeting.
During the public meeting, Commissioner Brewer addressed a few of the items contained within the contract; however, he did not mention the specific provision regarding the action the Sheriff must take to receive approval.
The presented document states in line 19, “Approval. The parties agree and understand that this agreement shall have no force and be of no effect unless and until it is approved by the Clinton County Council and Commissioners. In order to obtain that approval, the Sheriff will dismiss his appeal pending in the Court of Appeals under Cause No. 22A-PL-02640.”
The Court of Appeals case referenced in line 19 is pending briefing according to online court entries; the Sheriff’s brief is due on or before February 26, 2023.
Commissioner Brewer was asked for comment regarding line 19 after a January 31 County Council meeting.
“I’d have to look at it,” stated Brewer. “I don’t have it in my memory at the moment.”
Asked if he has no recollection of that paragraph, he commented, “Not the specific language. So for me to comment, I would like to have it in front of me.”
When told of the Sheriff’s comment regarding the contract feeling like “extortion” and asked if he would disagree with the Sheriff’s assessment, he said, “I think I would disagree with that.”
County Council President Alan Dunn was asked about the contract and the Sheriff’s comment after its February 14 meeting.
“No more than I felt extorted when he was gonna cut all my funding from the inmate program,” replied Councilman Dunn.
The inmate program referenced by Dunn is the Federal Inmate Program that houses pre-sentenced federal inmates awaiting final sentencing and inmates sentenced to the Indiana Department of Correction (IDC).
Clinton County Today previously reported on the comments made by Sheriff Kelly during a County Council meeting held August 9, 2022, regarding the commissioners plan to change the county nepotism ordinance and how that might cause a change in programs offered by the Sheriff’s Office and Jail.
Commissioner Brewer presented the change in the nepotism ordinance and it passed first reading to later be tabled and never brought up again for final reading and adoption.
Federal inmates held in the Clinton County jail generate yearly revenue approaching $1.5 million plus an additional $500,000 received from the IDC. The Federal Inmate program was started by Sheriff Kelly and Jail Matron Ashley Kelly, his wife.
Dunn continued, “You know, I think it’s, it’s positioning. It’s trying to have a discussion that moves us in a positive direction. I hope that that’s the way we can take this. I didn’t intend it to be extortion. I intended it to be an effort to settle all of the issues on the table.”
Sheriff Kelly stated in our interview he is not prepared to sign the contract and wave his rights as sheriff or the agency’s rights to the Court of Appeals process.
“This is something that was put on an agenda, an [amended] agenda – the day before this meeting. I was unable to prepare or have my legal counsel take a look at it. And it is something that, you know, it’s, it’s frustrating. It’s something that you know, obviously I’m not going to, you know sign or agree to this contract.”
Ashley Kelly has served as commissary manager since January 1, 2019. For greater than the past 12 months, she has worked as commissary manager without pay or contract due to pending litigation between the County Council and Commissioners and Sheriff’s Office.
“The salary has been stopped due to all the litigation,” added Sheriff Kelly. “And it’s truly the County wants to benefit from work and services provided and yet not pay for that… the county benefits from the commissary fund; it purchases equipment in the kitchen that the county obviously wants us to do, it buys bedding, it buys training, it buys all kind of things that are needed at the sheriff’s office.”
