VERNON COUNTY, Wis. – A former Vernon County Administrative Assistant facing charges of stealing about $35,000 from the county reached a diversion agreement with prosecutors last week that helped her avoid jail time.
Kayla Fortney was arrested in July of 2023 and formally charged with theft in a business setting greater than $10,000. That charge carries a maximum sentence of not more than 10 years in prison and maximum fine of $25,000 if convicted.
According to the criminal complaint in the case, Fortney was employed in the Vernon County Finance Department and briefly worked in the Vernon County Sheriff’s Office. Fortney’s supervisors in the Finance Department began looking into accounts she had been handling after surveillance video showed she had taken money from a fellow employees purse without permission in July. The complaint states that when confronted with the evidence of that incident, Fortney chose to resign in lieu of termination.
A review of those accounts showed Fortney had made purchases on her county Amazon account that were personal purchases. The complaint states “approximately $33,000 of Vernon County funds were utilized to purchase personal items from Vernon Counties Amazon Account”. Items purchased were sent to either Fortney’s place of employment, a relatives house in Soldiers Grove, or her residence in Gays Mills.
Examples of some of these items included various clothing items, a swimming pool, several televisions and a multitude of other non-work related items. A compete list of items was not included in the complaint.
Fortney was later interviewed by Viroqua Police investigators and acknowledged what she had done, and told investigators she had every intention of paying back the money she owed. The complaint states Fortney said she knew what she did was wrong and regretted it. She also explained she was in a “bad place in her life” as she was dealing with the death of her mother and her family home had burned down.
Fortney told investigators “Everything I did at the County was stupid I shouldn’t have done it”. When informed the cost of items was in excess of $30,000, Fortney responded something to the effect she knew but was willing to pay it all back.
Fortney agreed to a diversion agreement that included a number of provisions she must meet in return for a guilty plea to the felony theft charge with a withheld sentence.
Those provisions included:
- Immediately repay a total of $35,558 plus costs and surcharges of $3,555 for a total of $39,114
- Write a letter of apology
- Complete 80 hour of community service
- Complete individual counseling, including financial counseling
- Provide a list of 10 goals in 30 days
Prosecutors said one of the main reasons they agreed to the diversion agreement was because the county was able to recoup all the county funds plus the other costs and surcharges immediately. Criminal convictions often require restitution, but they are often accompanied by a payment agreement that will depend on a persons ability to pay. That could mean the county would not receive their funds for years. Prosecutors county has been reimbursed for that entire amount.
Prosecutors emphasized that if Fortney does not meet all the conditions of the diversion agreement she can be called back to court and could be sentenced on the original felony charge.
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