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Clinton County Commissioners Lose Legal Appeal to Sheriff Kelly

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The three members of the Board of Commissioners for Clinton County Indiana discuss a topic during a meeting in this file photo. From left-to-right, Commissioners Bert Weaver, Josh Uitts, Jordan Brewer. (Photo: Brett W. Todd)

INDIANAPOLIS, Ind. (March 18, 2023) – A three-judge panel of the Indiana Court of Appeals unanimously ruled the trial court did not err when concluding the Clinton County Commissioners exceeded its authority when they amended the county smoking ordinance in an attempt to prohibit inmates from purchasing and using tobacco-free products within the jail.

The appellate ruling issued March 9th came after oral arguments in Indianapolis on January 10th regarding whether or not Special Judge Samuel Swaim erred in his October 8, 2021, ruling in favor of Clinton County Sheriff Kelly’s suit when Judge Swaim said in part, “that the Board cannot regulate by ordinance the conduct of inmates housed in the Clinton County Jail and cannot restrict the right of the Sheriff to sell or of inmates in the Clinton County Jail to purchase and use e-cigarettes and nicotine pouches that do not contain tobacco products within the confines of the Clinton County Jail.”

On appeal, the Commissioners contended Judge Swaim erred when he ruled in the Sheriff’s favor because, pursuant to the Indiana Home Rule Act, the Sheriff had only the powers expressly granted by statute. Based on their interpretation of the Home Rule Act and cases cited, the Commissioners asserted the relevant statutes do not grant the Sheriff unlimited discretion regarding what is sold to inmates at the Clinton County Jail.

Sheriff Kelly contended the Indiana Alcohol and Tobacco Commission regulated the Sheriff’s sale of the e-cigarettes and Indiana law expressly entrusts the Sheriff with the care of the jail and the prisoners therein – known as the “take care” provision.

The Court of Appeals ruled that while the Commissioners “had authority under the Home Rule Act to enact the revised county smoking ordinance as a general ordinance governing the use of e-cigarettes in county buildings, Indiana Code section 36-2-13-5(a)(7) – (the “take care” provision) – expressly gives the Sheriff’s Office the power to “take care” of prisoners and the revised ordinance does not apply to the activity of prisoners in the county jail.”

No public statement as of publishing on whether the Commissioners will appeal this ruling to the Indiana Supreme Court.

Emma Pillion Celebrated by City with Gateway Signs

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Emma Pillion Celebrated by City with Gateway Signs (Photo: Brett W. Todd)

FRANKFORT, Ind. (March 16) – The City of Frankfort has placed signs at the gateways entering the city to mark the historic achievement of Frankfort High School senior Emma Pillion.

Pillion became the first state Indiana High School girls wrestling champion in the 113 pound class on January 13th.

Signs can be seen at the S.R. 28 East and West plus S.R. 39 North and South.

Her sign joins that of Colton Crum, 2018 Indiana High School Pole Vault champion.

CORE Community Center Addresses Local Food Insecurity

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CORE Community Center Addresses Local Food Insecurity with launch of a food Backpack Program. (Photo by Rusty Watson on Unsplash)

FRANKFORT, Ind. (March 16) – CORE Community Center has announced through a media release it has become a Backpack Program location for Clinton County after a recent conversation with Food Finders to address local food insecurity, the program will begin in July 2023.

Funding for this program comes from a recent grant approval for $70,000 from the Indiana Department of Health.

CORE is able to fill up to 51 backpacks each week beginning July 2023 providing meals to families throughout the community. In addition to the Backpack Program, CORE is exploring an east-side Mobile Food Bank as well as other long-term partnership opportunities.

“We couldn’t be more excited to continue to address evolving community needs. When we had to separate from the Summer Food Program, we were saddened to see that part of our services go. This is a much more manageable program for us to execute, and we know of many volunteers who look forward to making this possible,” shared Stephanie Cooper, Executive Director of CORE.

CORE Community Center is located at 950 S. Maish Rd., Frankfort.

Deadline for Registering to Vote In Upcoming Primary is April 3

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FRANKFORT, Ind. (March 2, 2023) – Clinton County Clerk Stephanie Harshbarger is reminding those who aren’t already registered to vote in the Primary Election on Tuesday, May 2nd, that they have a month left to do so.

“If you’re not sure whether or not you’re currently registered, you can always check online,” Harshbarger says. “You’ll find everything you need to know at http://www.indianavoters.in.gov.”​

In addition to checking your registration status, the website also allows voters to find their voting location, to apply to vote by mail, and to register to vote. The deadline to register to vote is Tuesday, April 3rd. In addition to registering online, you can also register by mail or in person at the Clinton County Clerk’s Office on the second floor of the County Courthouse.

If you are currently registered to vote in Clinton County and have moved or changed your name, please visit the County Clerk’s office at 265 Courthouse Square in Frankfort to fill out the voter registration form.

CORE Community Center Receives $70,000 Indiana Department of Health Grant

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FRANKFORT, Ind. (March 2, 2023) – CORE Community Center announced via a press release on Wednesday they were the recent recipient of a $70,000 grant from the Indiana Department of Health.

The Health Innovation Partnerships and Programs division was created within the Indiana Department of Health to oversee the Health Issues and Challenges (HIC) Grant Program by funding entities within the State of Indiana to implement programs focused on addressing health issues and challenges within the state. Grantees are expected to develop and implement services focused on improving health outcomes related to one or more of the following priority areas: Chronic disease (diabetes, cardiovascular disease, asthma, and cancer), Tobacco use, Food insecurity/obesity, Elevated blood lead level reduction, and Disease prevention programs (community health workers/patient navigators and community paramedicine).

When CORE received the document outlining the opportunity, Executive Director Stephanie Cooper immediately knew this would be an ideal fit to help fund additional programming related to wellness and nutrition education and programs, as well as food insecurity needs, through CORE Community Center.

“While our initial ask included additional programming, we are so excited and proud to be the recipient of these funds to continue to bolster our program offerings and support our ongoing growth efforts,” Cooper shared in a recent conversation.

In coordination with Vice President of the Board, Krista Stillwell, Stephanie formulated a plan to provide additional support through an expanded personal training program with nutritional consultation, expanding community garden operations, and utilizing additional funds toward continued improvement of fitness equipment and amenities.

CORE has continued to place a strong emphasis on grants and expanding operations to meet the needs of our evolving community. This is the second grant allocation of this calendar year; however, CORE received multiple grants last year that have contributed to the continued success of program expansion.

State of Indiana Calls Clinton County & Frankfort Opioid Settlement Plan a “Model Communities Should Replicate”

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Members of Clinton County’s Opioid Settlement Funding Committee present their plan to members of the Indiana Commission to Combat Substance Use Disorder at the Indiana Statehouse in Indianapolis on February 3, 2023. Photo provided by Clinton County Government. Pictured (left to right): Commissioner Jordan Brewer, Councilman Alan Dunn, Lorra Archibald, Frankfort Mayor Judy Sheets

FRANKFORT, Ind. (February 28, 2023) – The State of Indiana invited members of Clinton County’s Opioid Settlement Funding Committee to present their plan to the Indiana Commission to Combat Substance Use Disorder in Indianapolis on February 3, 2023. State Health Commissioner Dr. Kristina Box said she was “absolutely blown away” with their plan.

Indiana will receive $507 million as a part of the $26 billion national settlement with Cardinal Health, McKesson, and AmerisourceBergen – the nation’s three major pharmaceutical distributors – and Johnson & Johnson, which manufactured and marketed opioids. Clinton County will receive a total of $697,445.39 in annual allocations through 2038. The City of Frankfort will receive a total of $386,386.84. Both received their first installments in December according to a media release from Clinton County government.

“Clinton County and the City of Frankfort have worked hand-in-hand on our settlement plan, pooling our allocations and sharing our resources to more effectively touch the lives of those affected by substance use disorder,” says Lorra Archibald, committee chair and Executive Director of Healthy Communities of Clinton County. “It made no sense to work in silos and risk duplicating efforts.”

Restricted funds must be spent on evidence-based prevention, treatment, recovery, harm reduction, behavioral health workforce, enforcement, jail treatment, recovery residences, and other services. Clinton County’s committee has earmarked dollars to be spent on such things as crisis intervention training, support for new and expectant mothers with substance use disorders, peer recovery coach programs, installation of Naloxone boxes, and vape detectors in schools.

“We started by conducting a community needs assessment,” Archibald explains. “We were looking for gaps in service and barriers to getting that service to at-risk and underserved populations. We think we have a solid and sustainable plan that will help our recovery community well into the future.”

Unrestricted funds can be used in any capacity. Clinton County and the City of Frankfort have agreed to put 100-percent of the unrestricted funds toward the treatment of substance use disorders and mental health conditions.

“We wanted every penny of this settlement to go back into our community to help those in recovery,” says Frankfort Mayor Judy Sheets. “So, we unanimously agreed to use all the unrestricted funds to support two recovery homes – the One80 Recovery Resources, Inc. and the WeCare Recovery Home.”

Clinton County’s commitment to investing 100-percent of its abatement dollars to recovery and the collaborative way in which they did it caught the eye of the State of Indiana. Douglas Huntsinger, Executive Director for the Next Level Drug Prevention, Treatment and Enforcement Division, invited Archibald, Sheets, Clinton County Commissioner President Jordan Brewer, and Clinton County Council President Alan Dunn to speak to state leaders.

Huntsinger introduced the Clinton Count members in part by saying, “the holistic approach to developing the plan and both the using the county and the city dollars cooperatively to fill those gaps and this is a model that many communities across our state could and should replicate.”

Others at the meeting, including State Health Commissioner Dr. Kristina Box, offered high praise and resoundingly positive feedback. “I am absolutely blown away. This (plan) is incredible and this is exactly what public health is. What you guys have put together it’s exactly what the Governor’s Public Health commission has pushed so hard for – to be able to give more funding to our counties and to our local communities so that they can do exactly what you guys are doing.”

Healthy Communities of Clinton County is a member of the Drug-Free Communities Coalition which makes it eligible to receive matching grants from the Centers for Disease Control.

“We will try to take this money and leverage it further,” Dunn says. “Our Drug-Free Community status means the recovery homes awarded with unrestricted dollars will have the opportunity to double those gifts through matching grants.”

Clinton County’s Opioid Settlement Funding Committee included Archibald, Sheets, Deputy Chief Cesar Munoz with the Frankfort Police Department, Clinton County EMS Director Steven Deckard, Clinton County Sheriff’s Department Jail Matron Ashley Kelley, Community Corrections Director Brett Barton, Clinton County Health Department Administrator Rodney Wann, County Commissioner Jordan Brewer, Chief Probation Officer Nancy Ward, Adult Probation Officer Matthew Risk, and Macy Simmons from INWell. A County ordinance has been established to keep the committee together through 2038.

“I couldn’t be any prouder of this committee,” Brewer says. “It is proof when we organize our resources together that we can make a real difference in our community.”

Sheriff: “Extortion” – Commissioners & Council Demand Sheriff Drop Pending Appellate Case to Receive Commissary Contract Approval

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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.”

Delegation of Clinton County Elected Officials Discuss Legislative Agenda During AIC Legislative Conference

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A delegation of elected members of Clinton County government attended the Association of Indiana Counties’ (AIC) 2023 County Legislative Conference the week of February 6, 2023. Pictured from left to right: Commissioner President Jordan Brewer, District 41 State Representative Mark Genda​, County Council President Alan Dunn, Council Member Carol Price, and County Auditor Britt Ostler. (Photo provided)

FRANKFORT, Ind. (February 10, 2023) – A delegation of elected members of Clinton County government attended the Association of Indiana Counties’ (AIC) 2023 County Legislative Conference this week according to a media release sent out Friday; four representatives in total were in attendance.

County Council President Alan Dunn, Commissioner President Jordan Brewer, County Auditor Britt Ostler, and Council Member Carol Price met with legislators to express their concerns about local government issues at the event which was held at the Hilton Indianapolis Hotel and Suites. The AIC briefed county officials about legislation being discussed in the Indiana General Assembly that would have an impact on counties.

“This conference is one of the most important events of the year for me personally,” stated Dunn. “It gives county leaders a chance to not only learn about new legislation, but also give feedback on those matters that might affect Clinton County directly. Just as importantly, it gives us the chance to interact with our colleagues from other counties to get new ideas and perspectives on how to tackle important issues.”

Attendees heard from Gov. Eric Holcomb as well as several other state elected officials including Lt. Governor Suzanne Crouch, Auditor of State Tara Klutz, Treasurer of State Daniel Elliott, Attorney General Todd Rokita, and Secretary of State Diego Morales. AIC members also met with representatives from other state agencies.

“As a new council member, the opportunity to spend time with our state legislators and get detailed updates on bills that have the power to affect county funding was so valuable,” added new Clinton County Councilwoman Carol Price.

Frankfort Mayor Judy Sheets Shares Thoughts Regarding Growth and Development for City of Frankfort

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Frankfort Mayor Judy Sheets shares her thoughts on the planned development at I-65 & S.R. 28on Friday, February 10, 2023, via a press release. (Photo: City of Frankfort)

FRANKFORT, Ind. (February 10, 2023) – Frankfort Mayor Judy Sheets issued a press release Friday sharing her thoughts on the recent announcement of the proposed development at I-65 & S.R. 28 – Banderas Point. Below is the media release.

Due to the recent news regarding the proposed “Banderas Point” development near the I-65 Interchange, I would like to thank Good Oil Company and their CEO, Don Good for their investment and partnership with Frankfort and Clinton County. This investment will bring new opportunities and high-quality development to our community. Good Oil has shown great commitment to the goals in the State Road 28 Overlay District that guard the gateway to the City of Frankfort both inside and outside the City Corporate limits. They have worked through many challenges and are bringing a proposal that is mindful of the Comprehensive Plan and will have unique amenities that we are very excited about.

I have had my team involved in the planning process to make sure that as this development takes shape, the transition is smooth, and the high standards for development in Frankfort’s gateway are maintained. Don Stock, Director of Planning & Housing Initiatives, attends zoning meetings and has reported back to me to resolve any issues that may arise in the future. A considerable challenge for this project is merging two different zoning districts. The new enterprise designed by Prince Alexander Architecture with Crystal Kent, the main project architect, will have its own Planned United Development (PUD) district which our current ordinance doesn’t support. PUD districts allow for creative combinations of uses, such as outdoor shopping malls, entertainment venues, recreational facilities, agri-tourism, parks, and more, in a single high-end custom district that allows for stronger design control and a consistent look and feel. My hope is that the Council will look at passing the 2023 Unified Development Ordinance (UDO) updating the cities aging 1967 zoning ordinance. The new UDO will allow Frankfort to use all the tools enacted by State Law for encouraging high-quality mixed use development. It’s modern, easy-to-navigate land use ordinances will also allow Frankfort to successfully partner in helping this project go off without hesitation before and after partial annexation of the site. Frankfort will benefit from annexation with the increased commercial tax revenue created by the structures once they are completed, and from the economic development effects of the entertainment venue that will draw visitors to spend money in our community. This proposed development will help place Frankfort on the map as a destination. Visitors will be excited to spend time in our community as well as add multiple new entertainment and recreational amenities that we, as residents, can enjoy close to home.

I am honored and privileged to be able to lead our community with updated ordinances and collaborate with developers and Clinton County to further position the City of Frankfort to attract investments while maintaining a high quality of life that will draw increasing interest in Clinton County and the City of Frankfort.

Clinton County Installs AEDs in Courthouse

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Clinton County has installed two AEDs in the County Courthouse. (Photo: Clinton County Government)

FRANKFORT, Ind. (February 8) – Clinton County has installed two AEDs in the County Courthouse according to a recent press release. AEDs, or automated external defibrillators, are easy-to-use medical devices that can deliver an electrical shock to someone in cardiac arrest to help re-establish an effective rhythm.

“Sudden cardiac arrest is among the leading causes of death in the United States,” Clinton County EMS Director Steven Deckard says. “Studies have shown that a rapid response is the most crucial element to survival. Each minute a defibrillation is delayed, decreases the odds of survival by approximately 10%.”

A dozen Clinton County employees have been trained on the AEDs which are located on the first floor next to the security desk and on the third floor inside the court offices. Deckard demonstrated how they’re used through a hands-on skills session.

“These AEDs are very user-friendly,” Deckard add. “They give the user step-by-step voice instructions on how to position the electrodes and when to administer a shock. I’m happy to report that we’ve never had an incident that required an AED but if we do, we are prepared.”

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