On October 23, the Circuit Court of Clay County ruled that the State Auditor’s authority to access routine records and information associated with the citizen- mandated audit of Clay County must be allowed to continue. The Court also mandated that the County must turn over all Commission meeting minutes, whether open or closed, from 2017-2019 within 10 days.

The judgement is the result of action taken by the State Auditor’s Office last year to demand compliance with subpoenas for documents and information necessary to complete audit work.

“I remain committed to the fight for answers on behalf of Clay County citizens. For too long, county commissioners ignored taxpayer’s calls for accountability,” said State Auditor Nicole Galloway. “That’s why our office went to court to demand answers and ensure we get the facts. The court’s ruling requires that Clay County officials comply with my audit and stop their obstruction.”

*Clay County must honor the will of the people - Presiding Commissioner Jerry Nolte*

In addition to immediately turning over two years of meeting minutes, the court ruling requires the County to submit individual performance appraisals as specified the November 2019 subpoena. The ruling also requires the assistant county administrator Nichole Brown to answer questions under oath from audit staff.

“This ruling is not just a win for the people of Clay County — it’s a win for all Missourians who exercise their right to hold their government accountable in the pursuit of transparency,” said Galloway.

Presiding Commissioner Jerry Nolte has supported the citizen-lead audit from the beginning of the process. He helped gather signatures and signed the petition. He has consistently advocated for cooperation with the legal authorities in the audit process, and opposed the legal maneuvering to evade compliance with the citizen demanded audit.

“It is long past time for the political shenanigans and legal roadblocks by Ridgeway and Owen to stop,” said Nolte. “Clay County must honor the will of the people and obey Judge Amburg’s order to comply with subpoenas for information so the citizen mandated audit can go forward. Further legal actions by Ridgeway and Owen to impede the audit of Clay County is a waste of taxpayer money and a betrayal of public trust.”

Last year, County Commission officials failed to fulfill records requests, and Galloway issued subpoenas to require documents and testimony. On December 4, 2019, the State Auditor’s Office filed in Clay County court to demand compliance with the subpoenas.

The audit of Clay County has been going on for almost two years. It began in December 2018 after a citizen petition was submitted to the Auditor’s Office and then verified to have more than the minimum 5,590 signatures of county residents who are registered voters.

In January 2019, the Clay County Commission sued to prevent the auditor from conducting the citizen-mandated audit. An October 24, 2019, court ruling confirmed the auditor’s legal authority to conduct performance audits and dismissed the County Commission’s lawsuit against the auditor. That case is currently on appeal in the Missouri Court of Appeals, Western District.

To date, the State Auditor’s Office has issued audits of the Clay County Clerk, Public Administrator and Recorder of Deeds. The recent ruling will ensure audit teams have access to necessary information for ongoing audits of other Clay County offices.

Clay County issued a brief statement on its webpage that stated that the county’s legal counsel received the court’s decision and is reviewing options, including filing for appeal. “Due to the potential for further legal action, Clay County cannot comment any further at this time,” stated the unsigned post.

Requests for comment from Eastern Commissioner Luann Ridgeway and Western Commissioner Gene Owen have not been returned to KPGZ at the time of publication.

As this story continues to develop, you can follow updates on 102.7FM - KPGZ and 1027KearneyMO.com.

KPGZ News – Brian Watts contributed to this story