ELKHART COUNTY, Ind. -- The Elkhart County Prosecuting Attorney's Office announced the grand jury of Elkhart County convened Tuesday by the Elkhart County Circuit Court at the request of Prosecuting Attorney Vicki Elaine Becker to hear evidence regarding the facts and circumstances surrounding allegations that Elkhart County Clerk Christopher Anderson, and his Chief Deputy Clerk Carol Smith, approved the expenditure of public funds without proper authorization.

In September 2024, the Elkhart County Sheriff's Office and the Indiana State Board of Accounts were notified of concerns with certain clerk employees receiving payment for hours that they didn't work.

Officials were also informed the practice had been going on for several years.

A public report was issued by the SBOA in June summarizing non-compliance with Elkhart County Policy and Indiana law by Anderson and Smith.

The report also noted Anderson was aware of the long-standing practice of paying supervisors for 80 hours even though they only work 72.

Official documents state Smith had even sent an email to a newly appointed Supervisor of the Clerk’s Office in August 2022 advising that, “You get paid for 80 hours even though you only work 72. The idea is the supervisor is usually first in and last out, so it’s just a bit of extra for the supervisor taking on the job.”

ECSO conducted a criminal investigation into the same allegation to determine if the alleged conduct violated the criminal laws of Indiana.

The grand jury issued an Indictment for the offenses of Official Misconduct, a Level 6 Felony, and Criminal Conversion, a Class A Misdemeanor, against both Anderson and Smith.

Becker formally approved the Indictment and filed same with the Elkhart Circuit Court Tuesday evening.

Both Anderson and Smith were ordered to turn themselves into the ECSO, where they will be held until posting a bond.

An initial hearing has been scheduled for Sept. 11 at 8:30 a.m.