It’s official: There’s a new sheriff in town.
Pat Kelly, indicted on 25 criminal charges while serving as Athens County Sheriff, has not yet had his day in front of a jury, but for the time he cannot serve in public office.
Interim Sheriff Rodney Smith, a retired lieutenant who worked in the Athens County Sheriff’s Office, was appointed by the Athens County Board of Commissioners on Thursday to fill in for Kelly.
The special commission appointed by Ohio Supreme Court Chief Justice Maureen O’Connor to consider Kelly’s suspension released its decision Friday, cementing his ineligibility to serve.
“Sheriff Kelly should be suspended from the office of Sheriff of Athens County, Ohio because his continued administration of, or conduct in the performance of the duties of the office of Sheriff of Athens County Ohio, as covered by the criminal charges, would adversely affect the functioning of that office or adversely affect the rights and interests,” states the final decision from the commission, which made its preliminary decision March 4.
The special commission comprised retired judges John F. Bender, Neal B. Bronson and Jennifer L. Sargus.
But their decision was not previously available to the public because all of the commission’s proceedings are secret until they are final, according to Ohio Revised Code. The proceedings became final after Kelly decided Wednesday to drop his appeal.
The final decision went on to read: “Therefore, in accordance with R.C. 3.16(C)(2) and the preliminary determination made by the Commission, Patrick Kelly is hereby suspended from the Office of Sheriff of Athens County, Ohio.”
According to a post on Kelly’s Facebook account, Athens County Prosecutor Keller Blackburn disabled Kelly’s county email account.
“They measure out with different strengths and weaknesses from our perspective,” Athens County Commissioner Lenny Eliason said. “We have to work with the sheriff. It’s important that we find someone who can communicate effectively with the other officeholders and the community.”
But the commissioners’ decision is not final.
The Athens County Democratic Central Committee, a makeup of several local Democrats, will have the opportunity to overturn the commissioners’ decision when it meets early next month.
Eliason said he hopes the Democratic Party will uphold the commissioner’s’ decision to make Smith interim sheriff.
But Kelly was not as sure, saying in a previous article, “There will be a central committee vote April 8, and I expect things to change.”
Athens County Democratic Party Chair Kathy Hecht was not available for comment by press time.
The accusations against Kelly include 23 felonies. The most serious of the 25 charges is one count of engaging in a pattern of corrupt activity, a first-degree felony that could carry up to an 11-year prison sentence should he be found guilty, according to Ohio Revised Code.
Kelly pled “not guilty” to all charges during his Feb. 10 arraignment at Athens County Common Pleas.
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