Court Documents Filed In Response To Commissioners Lawsuit

Court documents filed Wednesday are asking the court to decide what powers the Clinton County commissioners have and how far those powers can go. Attorneys for the Sheriff’s Office have filed a complaint for declaratory judgement in Montgomery County Court. That document asks the court to decide whether it is legal for the commissioners to pass an ordinance to stop the sheriff from selling whatever items he deems fit in the commissary.

In a separate action filed on Friday in Clinton County, the commissioners asked that someone take over the commissary funds from the sheriff. The sheriff’s attorneys filed a response to that filing that says, in part, the sheriff has the right to pay for attorney fees associated with legal action taken against him from the commissioners. Included in that was an affidavit where Sheriff Kelly stated he has paid for any use of a personal attorney with his personal money.

It also included a sworn affidavit from Matron Ashley Kelly where she states she has never received a contract from the commissioners and the one she provided to them was never returned. She goes on to say concerning the State Board of Accounts audit she has recently copied documents for her file and Wednesday submitted 19 bankers boxes full of financial documents to the State Board of Accounts.

One other filing on Kelly’s behalf alleges that the commissioner’s accusations are “flat out false” and based “entirely on speculation”. The filing also points to several items that were purchased for the sheriff’s department with commissary funds where no taxpayer dollars were spent.

Last Friday, Clinton County Commissioners filed a preliminary injunctive relief and restraining order on commissary deposits and expenditures and injunctive relief and restraining order on interference with ISP Indiana State Police or State Board of Accounts investigations.