Published: June 10, 2009 10:21 pm      

Clements fires back on lawsuit

Former auditor says she’s done nothing wrong.

FRANKFORT — State Rep. Jacque Clements vowed Wednesday to represent her district well at the special session of the Indiana General Assembly, which starts today in Indianapolis.

But the former Clinton County Auditor is under fire back in Frankfort, where she’s being sued by the Clinton County Board of Commissioners.

Wednesday, Clements held a press conference at Frankfort’s Old Stoney Building, denying any wrongdoing and vowing to clear her name.

“I want everyone to know the allegations against me are untrue. I should not have to prove them as untrue, but I can,” she read from a prepared statement.

Clements resigned from the auditor’s job upon taking the District 38 House seat, but stayed on as deputy auditor until the commissioners fired her in May.

Shortly after she was fired, the commissioners also tried to have her barred from the Clinton County Courthouse and county offices, a move she referred to Wednesday as “unenforceable.”

In a lawsuit filed May 20, the commissioners allege Clements was essentially responsible for the county’s decision to hire Nikish Software Corp., a New York firm that was trying to sell the county a program to generate property tax bills.

In the lawsuit, the commissioners allege Clements failed in her duty as auditor by channeling information about Nikish in a partial manner and encouraging the county to purchase a software product that never worked as promised. The lawsuit, which also alleges breach of contract against Nikish, claims problems with the company’s tax software ultimately cost the county more than $150,000.

The lawsuit makes four specific claims against Clements: That she a) misrepresented what it would cost to retain the county’s former software vendor, Manatron; b) bypassed the county attorney and negotiated with Nikish herself; c) failed to warn county officials about an existing copyright infringement lawsuit between Manatron and Nikish prior to the contract signing; and d) failed to mention two other companies that wanted to bid on the software contract.

In her statement Wednesday, Clements addressed each of the allegations in turn, providing e-mails and other documentation to bolster her case.

“How they can make allegations against me, in light of what is clearly set out in the documents I am providing, is a mystery to me,” she read. “Unfortunately, although I am a victim of these false allegations, the taxpayers of Clinton County are greater victims. They are funding this meritless lawsuit. It is something they should bear in mind the next time they go to the polls.”

In particular, Clements provided several documents in an attempt to refute allegations she acted without consulting others in negotiating with Nikish.

One of those documents was a letter, dated June 8, from Clinton County Councilman Steve Frey, who said he was “personally involved in the negotiations for the new property tax software.”

Frey also claims one of the other software contract bidders made a presentation to the county council prior to the contract being signed with Nikish.

In her statement, Clements claimed she’d only attempted to save the county money when she recommended Nikish. She said the company was offering “next generation” software at a reduced price, in return for the county agreeing to act as a “beta test site,” and for county employees helping Nikish find the bugs in its new product.

Ultimately, Clements said Wednesday, the software would have worked if the county had stuck with the plan.

“Unfortunately, not everybody cooperated,” she said. “Instead of assisting the county and assisting Nikish in working out the bugs, certain resistance to the beta site efforts surfaced, and it interfered with a smooth transition to the new software package.”

Clements also denied allegations she’d worked for either Manatron or Nikish while also serving as auditor.

She said she quit her full-time position at Manatron when she became auditor in September 2004, but stayed on with the company part-time after checking first with the Clinton County Prosecutor’s office. She said she ended her paid working arrangements with Manatron in July 2005, and said “I have never been a consultant or employee for Nikish.”

Clements also explained why she decided not to immediately address the allegations, saying she wanted to first gather supporting documentation.

She also said she will ask the court to reimburse the cost of defending herself against the county’s lawsuit.

“I have made a decision at this point not to fan the fire of political turmoil. I have considered responding to the false allegations against me by asserting claims against those who have chosen to slander me. I will not be making such claims at this point,” she read.

A group of about 40, mainly Clements’ friends and family, broke into applause when she finished her statement.

• Scott Smith is a Tribune staff writer. He can be reached

at (765) 454-8569, or at scott.smith@kokomotribune.com