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Published: March 03, 2009 12:14 pm
Wayne Co. Clerk sued by former employee Melodie Phelps, News Editor
Wayne County Outlook
Monticello — A former employee of Wayne County Clerk Melissa Turpin has filed a civil
suit against Turpin, Wayne County Fiscal Court, and members of the court
individually, alleging that she was fired from her job after she reported
suspicions that the clerk improperly paid her husband with taxpayer money.
The suit was filed in Wayne Circuit Court on Tuesday, February 24.
The lawsuit states that Heather Piercy, who had worked in the Wayne
County Clerk's Office since February 2005, "became concerned that taypayers'
funds were being unlawfully or illegally paid out to a third person and that
she, as a taxpayer, had a right to redress." The suit makes reference to
"several disturbing checks written from the Wayne County Court Clerk's
Office from the Wayne County Court Clerk to Mr. Glenn Turpin, the husband of
the defendant, Melissa Turpin."
The suit said the checks to Glenn Turpin were for "cleaning" or for
"labor." It alleges that Piercy, as part of her job duties, would see
invoices and work orders, but she never saw any invoices or work orders from
Glenn Turpin that would justify the expenditures.
According to Piercy's suit, she notified several officials regarding her
concerns, including the Wayne County Attorney's Office and a Wayne County
Deputy Sheriff. The suit said that she "alerted the Office of the Auditor of
Public Accounts about the activities inside the Clerk's Office and let them
know she believed the actions to be possibly illegal and detrimental to the
taxpayers of Wayne County."
Turpin's office is currently under investigation by the State Attorney
General in regard to an $87,000 deficit, which was apparently discovered
during an audit of the 2007 financial statement. In a report issued in
December 2008, State Auditor Crit Luallen stated that there were a total of
$87,056 of undeposited receipts throughout the year. The audit recommended
that the county clerk reimburse the 2008 fee account in that amount with
personal funds.
Piercy's lawsuit includes an example of the types of transactions that
caused her alarm, and cited an incident that occurred on December 3, 2008.
According to the suit, Piercy said that Turpin purchased a 1997 Dodge pickup
truck and paid for it with a $3,000 personal check. In the suit, Piercy
claims that on the same day, "a check was issued from the Court Clerk's
office, on the official account to Melissa Turpin's husband, Glenn, for
$3,000."
The suit said that after witnessing this transaction, Piercy discussed
the situation with others, including a sheriff's deputy, and asked that
appropriate authorities be contacted.
The suit states that Piercy was fired shortly thereafter, on December
17, 2008, which it says is in violation of "the Whistleblower Act."
The suit notes that the reason give by Turpin for the termination of
Piercy's employment was that "Piercy had spoke to many individuals
concerning office business."
The suit requests an compensatory and punitive damages for Piercy, as
determined by a jury. It also asks that she be reinstated to her former
position. Piercy is represented by Scott T. Foster, whose practice is in
Somerset, Kentucky.
Wayne County Judge-Executive Greg Rankin, when contacted for response
regarding the suit, noted that it is standard procedure to include fiscal
court in a civil action against an elected official.
"We expect the court will be removed from this action rather quickly,"
stated Rankin.
He noted that the court has no jurisdiction over the hiring and firing
in the Wayne County Clerk's Office.
"The only oversight the court has (in regard to the County Clerk's
Office) is to approve the budget each year," said Rankin.
Turpin, when contacted by The Outlook, denied all the allegations made
by Piercy. She said they are not true and that she has never made improper
payments to her husband.
Readers are reminded that a civil suit presents only one side of the
lawsuit. Defendants in the lawsuit have 20 days from the day they are served
with the paperwork to file a respone to the action.
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