County approves training contract

State legislation enacted in July allows public departments to recoup training fees from another public agency if it hires an officer before their commitment is up.

Jay County Sheriff’s Office has now baked that legislation into its reimbursement agreement with officers moving forward.

Jay County Commissioners approved a contract Monday between Jay County Sheriff’s Office and Nicholas Miller.

Since September 2021, the department has been entering into reimbursement agreements with officers attending Indiana Law Enforcement Academy. Per the contract, the department agrees to pay for the employee’s expenses — the cost is nearly $92,000 — to attend the training. Employees are required to work for the department in return to recoup the cost of their time at the academy. The reimbursement amount decreases over time and is eliminated after three years.

Jay County Sheriff’s Office has had issues in the past with officers leaving to work for other public employers before their three-year commitment is complete. Senate Enrolled Act 95, which went into effect in July, allows public agencies including Jay County Sheriff’s Office to seek reimbursement for employing and training a law enforcement officer if the officer voluntarily leaves and begins working for another public agency before their three-year commitment is up.

That training cost would be left up to the new employer to pay back to the sheriff’s office, explained Newton.

SEA 95 also allows public employers to require individuals to enter into an agreement to reimburse the employer for employment and training costs if the individual is hired by a private or governmental employer not statutorily defined as a public employer.

The agreements are voided if respective employees don’t complete their training or certification at the academy.

Monday’s reimbursement agreement with Miller includes language from the new law. Plans are moving forward to include the stipulations in future contracts with officers attending Indiana Law Enforcement Academy.

“We really don’t know how this law is going to turn out,” Newton said. “If the departments don’t pay the other department fees and that, it most likely would probably have to go to court.”

Commissioner Duane Monroe asked for clarification on the law. Newton pulled an example from a former officer employed at the sheriff’s office in 2023, saying the officer had applied to another department while in training at Indiana Law Enforcement Academy. He recalled the employee hadn’t signed a reimbursement agreement — he was hired under previous administration, according to Newton. The sheriff’s office ultimately terminated the employee. 

Newton said public agencies have been seeking officers who are fresh out of the academy in order to avoid paying training fees.

“They’re going to save money, we’re going to lose money,” he said. “So the state decided, legislation was passed through this year saying that, ‘OK, if the department wants to do that, that’s fine, but you’re going to have to reimburse the department that you’re taking this officer away from.’”

Commissioners president Chad Aker asked if an agreement was necessary now that SEA 95 is enacted, and Newton confirmed the county still needs to create a contract with the individual. County attorney Wes Schemenaur, who was not present for the meeting Monday, drafted the agreement.

Aker expressed some confusion as to the need for a contract but said he trusts Schemenaur’s legal judgment. Commissioners then approved the contract.

In other related news, commissioners Aker, Monroe and Doug Horn:

•OK’d spending $190,000 from the cumulative capital fund to replace three vehicles at the sheriff’s office next year. Plans are to replace a 2014 Dodge Caravan, 2016 Ford Explorer and 2019 Dodge Durango with two Dodge Durangos and a truck.

•Approved a three-year agreement with Rave Alert at $12,342 annually for the county’s notification system.

•OK’d extending Jay County Sheriff’s Office chief deputy Ben Schwartz and Jay County Jail matron Cindy Newton’s accrued compensatory time through the end of March.

•Heard from Newton and 911 director Bill Baldwin that a 911 alert application for local responders has been down and that they are working to resolve the issue. The problem doesn’t impact an individual’s ability to call 911 for emergencies — the application alerts emergency responders who aren’t available via pager or radio.