Monroe County commissioners Lee Jones, Penny Githens and Julie Thomas voted to remove members from a committee discussing plans for a new jail. (Courtesy: Monroe County government)
Monroe County commissioners are changing the membership of an advisory committee discussing plans for a new county jail.
The commissioners unanimously passed, but have not ratified, an ordinance removing two judges and the county health administrator while adding commissioner Penny Githens to the Community Justice Response Committee.
The ordinance was not listed in the commissioners’ work session packet or agenda for Jan. 18, the day they voted on it.
Although the ordinance has not been ratified, attendance at the group’s latest meeting was reflective of the changes.
Deputy prosecutor April Wilson said the commissioners are not being transparent with the rest of the committee, a sentiment shared by many other members.
“Inclusion and transparency are imperative for us to be successful as a committee, as well as a community, and it’s difficult when recent actions feel in conflict with those goals,” Wilson said.
Wilson was also critical of the fact that some of the documents referenced in committee meetings hadn’t been shared with all members.
Githens says commissioners are trying to expedite the jail project.
She is concerned the federal government might intervene if the committee does not move quickly.
That’s because of a 2008 American Civil Liberties of Indiana lawsuit alleging conditions at the jail violated federal law. The ACLU and Monroe County reached a settlement, but the case remains “open for monitoring,” according to the ACLU.
The case was originally to be dismissed Jan. 13, 2023, but the dismissal deadline got extended to Jan. 15, 2024.
In addition to the composition changes, some committee members were frustrated that their Jan. 23 meeting had been canceled, then rescheduled for the same date.
The reason for the cancellation, according to a notice, was that Mary Ellen Diekhoff, the presiding judge for Monroe County’s board of judges, was originally unable to attend. The notice called her attendance “imperative.”
During the meeting, Diekhoff said was surprised by the notice of cancelation, as she did not consider herself “important enough to be singled out.”
Shortly afterward, Diekhoff asked the committee to consider changing the time of its future meetings from evenings to early mornings because of personal scheduling conflicts.
Wilson questioned the feasibility of Diekhoff’s request, to which Githens reiterated the point made in the cancellation notice — that Diekhoff’s attendance is imperative.
“We feel it’s important because of her experience that Judge Diekhoff be a part of this,” Githens said.
However, Githens has also said the commissioners are considering adding a designee to the committee in Diekhoff’s place.
Githens said the language of the ordinance can still change at the commissioner’s next meeting, when they plan to ratify it.
“We’re just trying to write stuff into the language that would fit with not only what we want but what other people want,” Githens said.
Commissioners had previously planned to ratify the ordinance on Wednesday, but their meeting scheduled for that day was canceled due to winter weather.
Committee members also debated whether the meeting time should be extended for public comment. It was scheduled for 5:30 to 7 p.m. Monday, but most of the meeting was dedicated to a presentation by the Monroe County Sheriff’s Office highlighting deteriorating conditions at the jail.
County Councilwoman Jennifer Crossley and others were adamant that the meeting be extended to make time for public comment.
“I think it is time for us to sit in our uncomfortableness and start listening to people — because if we don’t, things will have to change,” Crossley said.
Commissioners pushed back on Crossley’s comment, asserting that everyone’s input was being heard.
Crossley responded, “I don’t think we’re being listened to right now.”
The meeting time was extended, but not until after several minutes of debate.
One commenter, Seth Mutchler, said he had come to discuss systemic issues in the criminal justice system but felt compelled to address the commissioners’ behavior.
“In my opinion, the commissioners have made it apparent that they are set on hindering the process towards the aforementioned shared goals,” the speaker said, calling for different leadership on the committee.
He also pushed back on the removal of the health administrator and judges from the committee.
“I see this as a squashing of democratic discourse, and I’m simply offended,” he said. “With some changes around here, we can stop fighting and start making changes out there.”
