| Jacque Clement Canned By Clinton County |
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| House District 38 Representative Jacque Clement |
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Commissioners dismiss Clements
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| The Clinton County Commissioners dismissed State Rep. Jacque Clements, shown celebrating her win in the 2008 election, from her role within the Clinton County Auditor's Office. (Times file photo) |
‘Unauthorized personal use’ of county e-mail system at root of problems
By Evan Israel
Published: Friday, May 1, 2009 6:08 AM EDT
The Clinton County Commissioners have terminated District 38 State Rep. Jacque Clements from her part-time position in the county auditor’s office, citing “unauthorized personal use” of the county’s e-mail network.
On Monday, the commissioners conducted an emergency meeting, at which time Clements was relieved of her deputy role in the Auditor’s Office. The Times was not properly notified of this meeting.
Clements served as a deputy auditor since her election to the Indiana House of Representatives last November. Prior to her election to the statehouse, Clements had served as Clinton County Auditor since 2004.
A memo authorized by Commissioners President Bill Beard — sent to The Times Thursday via Clinton County Attorney Ted Johnson — references anticipated damages due to reported “deficiencies” in the county’s Nikish tax software.
“Efforts by the county to resolve these issues have been compromised by unauthorized information leaks to Nikish personal,” the report states. Clements’ name is not specifically listed with this infraction, but her involvement is implied in the memo.
The commissioners recently approved a return to Manatron tax software, the company utilized for an unknown period of time prior to Nikish.
County officials reportedly probed the county computer system for e-mails to and from Nikish personnel. Those correspondences revealed apparent misuse of the county’s e-mail system through violation of the county’s electronics use policy.
Approximately 10,0000 e-mails authored or acquired by Clements on the system since 2004 reportedly show such “unauthorized” use of the mailing system.
Cell phone and e-mail messages seeking comment from Clements were not returned before press time Thursday.
Commissioners President Bill Beard declined further comment on the matter and Vice President Mike Beard referred all questions of personnel issues to County Contract Human Resources Director Dennis Dunlap. Commissioner Mike Conner didn’t return a phone message seeking comment.
Dunlap, too, declined specifics on Clements’ job removal, as did current Auditor Cathy Hamilton.
“With public employees,” Dunlap said, “it is a little bit different than with the private sector.”
County Council President Steve Woods said the commissioners reacted with good reason.
“We’re just trying to protect ourselves from possible legal actions,” he said. “The company (Nikish) we have been dealing with has been dealing with roadblocks ... Some decisions were made by the commissioners to protect Clinton County.”
According to a commissioners’ order, Clements may not communicate in any form with anyone associated with Nikish — a Commack, N.Y.-based company — without precise authorization of the commissioners.
Also, Clements is “denied access to the offices of the auditor and treasurer except to pay her property taxes” until further notice, the report states.
Should she appear in either spot, she would be ordered to leave. Non-compliance would yield a call to the Clinton County Sheriff’s Office to handle the problem, the order indicates.
At this point, Clinton County Prosecutor Anthony Sommer remains free from the skirmish.
“I have not been contacted about anything,” he told The Times Thursday afternoon. “Since no information has been delivered to me and I am not aware of any information that has been delivered to my office, I would not be aware of anything that suggests there is (legal) wrongdoing. Initially, a policy violation does not amount to any criminal wrongdoing.”
One statute that applies to computer-based issues is “computer trespass,” Sommer said.
According to Indiana criminal code, “a person who knowingly or intentionally accesses: a computer system, a computer network or any part of a computer system or computer network” without the proper approval commits that crime, a Class A misdemeanor. That is punishable by up to one year in jail.
According to Johnson, the commissioners’ regularly scheduled meeting for Monday is set for 9 a.m. — one-half hour earlier than normal. The once-a-month drainage board meeting will begin at 8:30 a.m.
Commissioners members will then hold an executive session at 1:30 p.m. to discuss implementation of security measures at the courthouse and to attain information on “misconduct of a county employee,” per several Indiana codes.
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