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Clinton County Commissioners - page 4

Commissioners, Sheriff Work To Pass Camping Ordinance

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Commissioners, Sheriff Work To Pass Camping Ordinance

CLINTON COUNTY, Ind. – A recent incident of a person setting-up a campsite between a roadway and a private citizens’ front property line outside of incorporated limits left the sheriff’s office without an enforcement option to legally remove the person according to Commissioners President Jordan Brewer during the Tuesday commissioners meeting.

The title of the ordinance – the camping ordinance – “can be a little misleading, but it’s in regards to pedaling and solicitation,” stated Brewer when introducing the ordinance to the board.

Brewer provided the history of why there is a need for this ordinance, “we had an issue a couple weeks ago where there was an individual who was evicted from their home and they decided to go to a vacant lot and set up tent and that landowner had ’em removed. So at that point, they decided to go to the county right-of-way between the road and someone’s house – essentially what someone would consider is the front yard and throw up their campsite.”

“It put the sheriff’s department a precarious situation because they didn’t have any ability to have this person removed; there was some concern that the person was on drugs and just some other issues going on mentally. The homeowners in that area had little kids. And so I think everyone that had kids would see the concern that this person’s in their, what they presume is their front yard, that’s the county right-of-way and their kids can’t go outside or this person may try and break in their home. I mean, there’s just a lot of issues, but we had no legal ability to do anything.”

The commissioner spoke to both Sheriff Kelly and Matron Kelly to determine how best to resolve an issue like this going forward.

“In conversation with the sheriff and the matron, it was presented to us that there’s an ordinance that some other counties have out there that would allow for them to have the ability to remove this person,” commented Brewer.

Sheriff Kelly was thankful of the commissioners actions when asked after the meeting.

“It’ll help us because we have a handful of situations throughout the year with the different agencies here in Clinton County – from Frankfort Police to the Town Marshalls – that we’ll have people that’ll either be coming through the area and they’ll select a spot and they set up a campsite or tent and they stay,” said Kelly. “It gives us the opportunity to enforce an ordinance that we can have them move their things, leave the property without incident.”

The sheriff continued, “it’s a little unnerving when people find people on their property… it’s somebody else’s property where it’s the county’s property and it’s not designed to house anybody or to allow anybody to camp there.”

In the specific incident that brought about the action of the newly passed ordinance, two community organizations assisted in providing care for the person – allowing the person to leave the campsite.

“It ended up working out the best case scenario,” said Brewer. “We go Lorra Archibald [of] Healthy Communities involved, and Jami Pratt [with] Home For The Night and we’re thankful for both of those individuals in their help – we ended up getting this person in Home For The Night and, and getting them to a mental rehab facility.”

Brewer thanked the Sheriff’s Department for its assistance.

“We are thankful to the Sheriff’s Department,” Brewer commented. “They sent over another counties and we just adopted it and made a few tweaks to fit our community.”

The new ordinance will become effective in 30-days after legal publication according to state statute.

Active Shooter Preparedness Training To Be Conducted In Former Regions Building

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Active Shooter Preparedness Training To Be Conducted In Old Regions Building
The Clinton County Commissioners approved the use of a county owned property located at 2 E. Washington St., in Frankfort, to conduct active shooter preparedness drills by members of the Frankfort Police Department and Clinton County Sheriff's Office SWAT team prior to construction of a planned county annex in the Fall of 2022. (Photo: Brett W. Todd)

FRANKFORT, Ind. – The site of the former Regions building at 2 E. Washington St., in Frankfort, will be used by members of the Frankfort Police Department and Clinton County Sheriff’s Office SWAT team to conduct active shooter preparedness drills in the coming weeks.

The Clinton County Commissioners, the now property owner, approved the request to conduct the events during its Wednesday (September 7) meeting.

Commissioner Bert Weaver described the request as, “they would like to come inside and use it as an active shooter type situation.” The drills would be completed prior to the scheduled remodeling this coming Fall for the planned county annex expansion.

Commissioners President Jordan Brewer added, “I think it would be a great advantage for them to have a facility. I mean, that’s 39,000 square feet. So now they get to do some real life practice. And hopefully we never are in that situation in this community, but it’s best to be prepared if so.”

The commissioners gave the go-ahead to perform additional tactical drills that might include breaching of doors or walls given the upcoming construction and demolition.

“I don’t know a lot of rooms now, maybe if they have to push through a door or something, that’s all probably okay cause I think that the majority of that’s going to be torn out anyways.”

Decision to Move Forward with Revised County Nepotism Ordinance Remains “Day-By-Day”

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Decision to Move Forward with Revised County Nepotism Ordinance Remains "Day-By-Day"

CLINTON COUNTY, Ind. – The Clinton County Commissioners did not address a revision to the county’s nepotism policy at its Wednesday (September 7) meeting after voting to table a final reading at the previous August 22nd meeting. The proposed revision would prohibit the sheriff from hiring his wife as jail matron as well as forbid the coroner from serving as deputy coroner should the successor in office of the Coroner be a relative of the individual.

Commissioners President Jordan Brewer said, “it’s on the table, which now I think technically it’s, it’s off the table since we didn’t address it at this meeting,” when asked about the status of the proposed revision.

Brewer did say the revision most likely will have to be reintroduced again should such action be taken.

“So, it could always be brought back up if the legal advice I’ve received is correct – through another first reading, but for the time being it’s sitting there.”

When asked about the policy change occurring this year, Brewer said, “I don’t know that I can answer that question because – there’s not really – it’s day-by-day, I guess”

The next Commissioners meeting will be held October 4th. The September 19th meeting has been canceled due to the annual conference of the Association of Indiana Counties being held at that time with the commissioners planning to attend.

Clinton County to Receive Money form Opioid Lawsuit Settlement

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Clinton County to Receive Money form Opioid Lawsuit Settlement
The communities of Clinton County and the county itself will receive payments over 18-years totaling over $1.2 million as part of a nationwide $26 billion settlement with pharmaceutical companies. (Image: Wikimedia)

CLINTON COUNTY, Ind. – Clinton County and its towns and communities are set to receive over $1.2 million as part of a $26 billion national settlement with Johnson & Johnson, AmerisourceBergen, Cardinal Health and McKesson. Indiana’s share of the settlement is approximately $507 million and all cities, towns, and counties in the state are participating in the settlement.

Clinton County Commissioners President Jordan Brewer provided an overview of how this money can be used and the time period of the payout.

“We’ll (Clinton County government) receive close to $750,000 over 18-years in this settlement money,” said Brewer. “So it’s roughly $208,000 that is for unrestricted; that we have a lot more freedom to use. Then there’s $440,000 that is for restricted use that they’ve identified and it’s a 15-page PDF so I don’t know all of them, but it’s very tailored to the specific crisis in addressing it.”

“So ’22 we’ll receive our largest payment and then it starts to fall a bell curve where it starts out low, it kind of peaks in the middle and then it trails off towards the last four or five years. So it’s not an equal distribution, consistent across the whole timeframe.”

Brewer looks to working with all the communities of Clinton County in putting

“We’ll work with, hopefully, the other towns that received money, the City of Frankfort, and then some of our local partners that work in that field every day and come up with a plan of how we can address that in this community.”

The State of Indiana anticipates that the 2022 payments will be transferred in the fall of 2022.

Clinton County breakdown of national opioid settlement
The above chart shows the distribution of total money that will come to local Clinton County governments over the next 18-years according to information provided by the State of Indiana Attorney General.

Click here to view an Excel spreadsheet of the Indiana distribution totals for all participants – including Clinton County.

Commissioners Delay Making ‘Controversial’ Nepotism Decision

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Commissioners Delay Making 'Controversial' Nepotism Decision
The Clinton County Commissioners decided to table making a "controversial" decision on a revised county nepotism ordinance. Commissioners in photo from left-to-right, Bert Weaver, Josh Uitts, and Jordan Brewer. (Photo: Brett W. Todd

CLINTON COUNTY, Ind. – With a room full of onlookers at the Clinton County Commissioners meeting, held this morning, anticipating a decision on a revised county nepotism ordinance, the three Commissioners unanimously decided to do nothing and tabled the final reading for a future date.

“I think there’s a lot of things to consider with it,” said Commissioners President Jordan Brewer after the meeting. “There’s more than one variable. And so at this point, it seems like our best option is to kind of leave it out there and on the table and, we’ll address it when the time is more right.”

Brewer was asked how the residents of Clinton County might react to a revised nepotism ordinance.

“That’s a good question. I mean, I think there obviously was some people that showed up today to speak and there was probably more that would have spoken [had] we not tabled at first, I suppose.”

“But at the same time, there’s, there’s people that call me and call the other commissioners all the time about things. And so, you know, it’s just hearing all the different input before we make a decision that could be impactful.”

When asked what has he heard from residents on this issue, Brewer said it was mixed.

“It’s a mixed bag. I think for those that maybe interact more directly, you, you do hear, similar to today [the] stance of the position and job that Ashley Kelly has done there as matron. From others, there’s a different point of view.”

“At the end of the day, we, we do represent the constituents. At times you have to, they elect us to make decisions on their behalf – and, you try and take everyone’s input in when you, when you do that – but, that’s not always the case and so I think just because this one is a little more controversial we just need to listen a little bit longer.”

Below is the audio the question and answer session with Commissioner Brewer answers after the meeting.

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Commissioner Jordan Brewer Discusses Tabling Nepotism Ordinance

The Commissioners meet again September 7 at 9 am in the Clinton County Courthouse.

Sheriff Kelly Freezes Hiring, Awaits Nepotism Ordinance from Commissioners; $2 Million of Revenue Hangs In The Balance

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Sheriff Kelly Freezes Hiring, Awaits Nepotism Ordinance from Commissioners

CLINTON COUNTY, Ind. – Clinton County Sheriff Rich Kelly announced to members of the Clinton County Council on Tuesday he has placed a freeze on hiring new merit deputies and correctional officers pending the County Commissioners action on a planned revised nepotism ordinance that would remove his wife, Ashley Kelly, as jail matron.

“The pause has to be created due to the fact the funds that are gonna fund that possibly won’t be there in the future due to the fact that the nepotism policy in place [might change],” said Sheriff Kelly after the meeting.

The funding Sheriff Kelly mentions is money paid by the Federal Bureau of Prisons to the Clinton County Federal Inmate Housing Fund for the housing of federal inmates in addition to money received from the Indiana Department of Correction (IDC) for housing state inmates.

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 IDC pays the county a yearly amount that breaks down to approximately $37.50 per inmate/per day, while the Federal program payment equates to $68 per inmate/per day plus reimbursement for medical and transport.

Every three years the agreement with the Federal Bureau of Prisons can be renegotiated – and is coming up for talks later in 2022. The State pays based on an average yearly population with an amount set on a yearly basis.

“Our responsibility to the Federal Bureau of Prisons and the US Marshals, US Attorney, [is] to be able to provide adequate staff and… an office manager – a person that takes care of that,” explained Sheriff Kelly. “If that person is removed, that’s not a job that I can just hire off the street. That is a job where I have to have 100% trust in the person that’s doing it.”

“The 100% availability at 24-hours a day [to take a] phone call from the US Marshals office or from the Federal Bureau of Prisons. And, that is not something that I take lightly.”

Clinton County Council President Alan Dunn was asked what potential impact the loss of the Federal inmate housing program would have on the county’s budget.

“Well, that’s something we’ll get into a lot more next week as we read through the budget for the first time,” said Dunn. “I’m not sure it’s appropriate to talk about now. There’s a lot of other discussions going on between the Sheriff’s camp and the county leadership.”

“And so I think those talks need to play out and, and, you know, I think the Sheriff’s right, it could have an impact on the budget and it could have, it could be not just one direction either. So let’s, let’s see how those talks play out. Let’s see what the budget looks like next week as we get into it and see what we can, what we can figure out.”

The County Council will hold budget hearings on August 16 while the next County Commissioners meeting is set for August 22.

Will Clinton County Water Be Pumped to Supercharge Boone County Growth?

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Will Clinton County Water Be Pumped to Supercharge Boone County Growth?

CLINTON COUNTY, Ind. – As the State of Indiana aquifer study has quickly transformed from study phase to test drilling in a southwest portion of the county, the Clinton County Board of Commissioners approved the hiring of outside legal counsel at its July 18 meeting to understand and protect, if necessary, a county asset – underground water.

The area in question for the aquifer study and drilling is a corridor from State Road 28 to the north, south along 400 South with 200 West being the eastern point with the western boundary being west of Interstate 65.

Why seek legal representation?

The fast rate of progress in the study, the lack of communication from the State, and recent news of supercharged growth in Boone County were given as reasons by Commissioners President Jordan Brewer why the County felt necessary to hire an attorney – the same attorney that currently represents the Frankfort Utility Service Board, Clayton Miller of Indianapolis.

Addressing the Board and public during the July meeting, Commissioner Brewer stated, “we’ve continued to have updates but, just being transparent, that we get the information they [the State] want to tell us.”

After the meeting, the commissioner explained further how the study and now test drilling have evolved due to the growth and news south in Boone County of the planned development of a Limitless Exploration/Advanced Pace (LEAP) Innovation and Research District.

“It’s evolved from the aquifer study to the test drills that are ultimately looking to see what type of production. I think we can all piece together the puzzle that this is to flow south to Boone County for their four to 7,000 [acres] LEAP Innovation Park District,” explained Commissioner Brewer.

“So, we’ve got to the point in our discussions with the State, that we felt like we needed to seek some representation, that was specific to water, infrastructure needs and water rights. … So ultimately kind of get an understanding of, can the State come in and take water that’s sitting underground here in Clinton County and somehow say that it has to be directed elsewhere outside the county?”

How did Clinton County get to this point?

Both the County and City of Frankfort, via the Frankfort Utility Service Board, are participants in the aquifer study each contributing $250,000 towards a State Water Infrastructure Fund (SWIF) grant. The grant was awarded in March of this year – after previously being turned down by the Indiana Finance Authority (IFA) in early Fall of 2021, only to receive a request from the State to participate a few months later.

“So originally, last summer [2021] we were approached in doing an aquifer study, kind of [a] joint partnership between the City and the County, both contributing $250,000,” remarked Commissioner Brewer after the March 21, 2022 meeting. “The study was going to run 750,000 to a million dollar range. And, we were, like I said, we were approached about it so we felt really good about this grant application going through the IFA for this SWIF grant.”

“And then, we get the letter in September and [it] says, we didn’t get it and so we kind of thought, well, that it’s dead and obviously misled us a little bit in that direction. And out of nowhere, over the winter, it’s kind of re-emerged.”

The expansion of the aquifer project scope has swelled the project’s cost to nearly $5 million, while the contribution level has remained the same to the County and USB. An item noted by Commissioner Brewer in March when announcing the grant was awarded.

“It’s expanded,” remarked Commissioner Brewer. “It was capped at a million dollars in terms of the study. Now in doing this study and some potential well drilling to look at how much water there is in specific areas, they’re estimating that’s going to be three to $5 million project, and we’re still only required to put in the 250,000. So as I mentioned that essentially if it’s a $5 million, ends up being $5 million and we put 250 in and we’ve leveraged 250 for a 20 to one of that money. So that’s, that’s great utilization. I mean, you don’t get those odds in anything.”

What is the LEAP Innovation and Research District and where is it located?

The Indiana Economic Development Corporation (IEDC) identified the area in northwest Boone County as a strategic location for growth in the potential establishment of a large-scale research and Innovation Park according to a document presented to the Lebanon City Council during the discussion of annexation of the land area.

The area (see map below) is mostly rural and is situated between Indianapolis and Purdue University in West Lafayette. LEAP consumes 6,000 acres and is roughly bounded to the north by 450 N and to the south by State Road 32 with Interstate 65 bisecting the area leaving parcels to the east and west. As a comparison to the size of land, the Purdue University West Lafayette campus is approximately 2,500 acres. A portion of the Big 4 Trail that travels from Lebanon to Colfax is within the LEAP zone.

The IEDC has currently secured rights to purchase 6,000 acres with 1,500 acres – comprising 32 landowners – as part of the first-phase of LEAP development.

The City of Lebanon approved the first-phase of voluntary annexation for project LEAP at its July 11 meeting.

Lebanon Mayor, Matt Gentry, noted Boone County is the fastest growing county in Indiana during a June 6, 2022, appearance on Inside Indiana Business.

Indianapolis headquartered Eli Lilly recently announced plans to acquire approximately 600 acres of LEAP property from the IEDC for the purpose of developing, constructing and operating a research and Manufacturing campus containing multiple buildings and substantial Green Space. Lilly intends to make an initial capital investment of over $2 Billion on the site, not including the cost of the land itself. They are the first publicly announced participant of the first-phase of LEAP.

Protecting the residents of Clinton County

“So ultimately we’re trying to protect Clinton County residents and taxpayers from what we believe is an asset,” concluded Commissioner Brewer. “It’s no different than a community that has oil or has coal or any other mineral. Water is an asset. And there’s a reason that they need to send it to Boone County. It’s because they don’t have it available.”

“And so rather than allowing someone to come in here and take that asset and we receive no compensation or no benefit for the growth of our community, we felt like we needed some legal representation that knew the laws and statutes of that specific industry to protect us and help us out.”

Map of  LEAP Innovation and Research District

I-65 Water Tower Completion Date at S.R. 28 Delayed 90-Days

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I-65 Water Tower Completion Date at S.R. 28 Delayed 90-Days
Maguire Iron, Inc. constructs a 500,000 gallon elevated water tank at the I-65 & S.R. 28 interchange. The company, headquartered in Sioux Falls, South Dakota, has been given a 90-day extension to complete the build. Photo taken August 3, 2022. (Photo by Brett W. Todd)

CLINTON COUNTY, Ind. – Citing a loss of welders and a later than scheduled project start date, the contractor responsible for the construction of a 500,000 gallon water tank at the State Road 28 and I-65 interchange, west of Good to Go, requested a three-month extension of the substantial completion date.

The Clinton County Board of Commissioners heard from Jon Query of HWC Engineering, the firm tasked to oversee the water tank construction, at its Tuesday meeting.

“The contractor, Maguire Iron, has requested an extension to December 31st of this year,” said Query while addressing the Commissioners. “They have agreed to pay for any additional inspection costs for any construction engineering costs due to the additional time.”

Commissioners President Jordan Brewer added a second condition was made of Maguire Iron – the tank must be painted before the weather turns cold. Brewer asked Query if he felt the project was progressing at a pace where the project tasks were able to meet deadlines.

“I’m a little worried about it, to be honest with you,” answered Query. “They had a four-man welding crew and they lost two of those crew members. They’re trying to bring in more welders to get that part done so they can raise the tank. They’re going to do some of the priming on the ground. With most of the final painting done when the tank is in the air.”

Commissioner Brewer said after the meeting the project has been behind schedule since the beginning.

“The water tower at 28 and 65 has been behind from the beginning,” said Brewer.

“Just being honest about it. And so the company, I think they’re a reputable, good company. But, like many in the current environment, they cite labor issues, getting equipment issues, all the things that are going on with everybody. However, there’s deadlines for a reason, and we have a timeframe that we need to meet to have it erected.”

“And so we’ve had to apply pressure, but in any negotiation, there’s some give and take. And so we allowed for an extension of time, but with some caveats in terms of the painting being done this fall before the cold weather, as well as they will encumber any expense outside the original completion date to the current new completion date. The original [substantial completion date] was September 27th and now it’s December 31st.

“So they, they had issues at their job before they came to Clinton County. They were backed up two or three months, which essentially backed them up two or three months in their arrival here.”

Maguire Iron, Inc. is headquartered in Sioux Falls, South Dakota.

Clinton County Commissioners Seek to Toughen Nepotism Ordinance

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Clinton County Commissioners Seek to Toughen Nepotism Ordinance

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.”

Sheriff Kelly Sought Legal Ruling On Merit Board Member

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FRANKFORT, Ind. – Just days before Clinton County Commissioner Jordan Brewer made the motion for the Board of Commissioners to file suit against Clinton County Sheriff Rich Kelly and Jail Matron & Commissary Manager Ashley Kelly, Commissioner Brewer’s father, Kent Brewer, was resolving a lawsuit filed by Sheriff Kelly.

According to court documents, the elder Brewer, a member of the Clinton County Sheriff’s Merit Board, faced a legal claim by Sheriff Kelly filed on August 31, 2020, asking the Clinton County Superior Court to declare Kent Brewer was in violation of Article 2, Section 9 of the Indiana Constitution – “no person may hold two lucrative offices at the same time.” Kent Brewer was also serving as a member of the Frankfort Utility Service Board at the same time. Brewer later filed a motion to dismiss the suit.

On January 27, 2021, Judge Thomas Busch denied Brewer’s motion to dismiss writing:

“1. A member of the Sheriff’s Merit Board may be removed for cause by a declaratory judgment of the Superior Court. Ind. Code 36-8-10-3(b).
2. No person may hold two lucrative offices at the same time. Ind. Const. Art. 2, Sec. 9.
3. The Complaint herein alleges that Defendant holds two lucrative offices, one of which is as a member of the Sheriff‘s Merit Board.
4. If defendant holds two lucrative offices he is in violation of the Constitutional provision.
5. Plaintiff is the Sheriff of Clinton County.
6. Plaintiff, as Sheriff, has standing to bring a declaratory judgment action under Ind. Code 36-8-10-3 (b) seeking defendant’s removal for cause from the Sheriff’s Merit Board.”

According to a court document dated March 3, 2021, the case was dismissed: “Plaintiff, Richard Kelly, in his official capacity as Clinton County Sheriff, and Defendant, Kent Brewer, and as a result of Kent Brewer’s retirement from the Clinton County Sheriff’s Merit Board hereby stipulate to the dismissal of Plaintiff’s claim against Defendant in this action, without prejudice, with each party to bear its own costs.”

The Board of Commissioners voted 3-0 on March 16, 2021, to bring a suit against Sheriff Kelly and Matron Kelly. The suit was filed on March 19, 2021, with the Commissioners scheduling a special meeting on March 25 to discuss the pending lawsuit.

Sheriff Kelly filed a suit on March 19, 2021, against the Commissioners in a Montgomery County Superior Court seeking a declaratory judgment against the Commissioners after the Board voted to amend the county smoking ordinance in an attempt to prohibit inmates from using tobacco-free products at its March 16 meeting.

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