July 23, 2014 at 2:10 p.m.

Audit report will go to prosecutor (09/27/06)


By By RACHELLE HAUGHN-

A recent audit by the Indiana State Board of Accounts raises the possibility that paying city employees to attend funeral services may be a criminal act.

Portland Mayor Bruce Hosier, who is named in the report, says he disagrees with its findings, which are expected to be sent to the Jay County Prosecutor's office by the end of this week.

"We adamantly disagree with the opinion of the report," Hosier said in a prepared statement faxed this morning. "We have and will continue to operate with the highest degree of integrity, professionalism, and honesty in all that we do. We would never knowingly or intentionally do something that would compromise those qualities."

A board of accounts audit report for the city of Portland covering Jan. 1 to Dec. 31, 2005 outlines the circumstances of Hosier issuing a memo ordering all city employees to attend the calling and funeral services for late clerk-treasurer Barbara Blackford.

Included in that memo was language giving employees a half-day off work on July 22 to compensate for attendance at the funeral and calling.

The report continues: "A public servant who knowingly or intentionally assigns to an employee under his supervision any duties not related to the operation of the governmental entity that he serves commits ghost employment, a class D felony."

"Our actions were done with the utmost sincerity and honesty to show our respect and admiration for Barbara Blackford, who was a long-time respected public servant and a wonderful friend of the community," Hosier said in his statement. Blackford died July 20, 2005, from a sudden illness.

The findings in the report were discussed with Hosier and the city's current clerk-treasurer Linda Kennedy on Aug. 2, said Paul Joyce, deputy state examiner for the SBOA. Hosier took office in January of 2004.

The report is expected to be sent to the prosecutor's office this week, Joyce said. From there, the prosecutor will decide if any charges will be filed.

"What they do with it is their choice," Joyce said. "We pretty well let our findings speak for theirselves."

Curt Compton, investigator for the Jay County Prosecutor's office, said this week that such cases are typically forwarded to Indiana State Police for investigation. Compton said Tuesday he had not received a copy of the audit report.

The examiners put the possible criminal charge in the report because they had evidence that a crime may have occurred, he said.

Joyce said he does not know what the evidence is.

"We feel if you're getting paid you should work," he said.

Joyce said there was a similar case in southeast Indiana, but no criminal charges were filed in that case. "It's not a very common occurrence, though" for someone to be charged with ghost employment, he said. "It's a real gray area."

Hosier said in a telephone conversation Tuesday that he was told by state examiners that the issue was covered in the report only because the incident was questioned by a staff member from The Commercial Review in a phone interview with Joyce in August 2005.

But Joyce said this morning that is not the case.

"We would only include it in the report if we determine that some type of irregularity occured ... somebody may make an allegation or comment in an audit and we find that it's not substantiated. In that case we wouldn't say anything. In this particular case we felt it was substantiated," Joyce said.

This is not the first time Hosier has been questioned about the decision to require city employees to attend Blackford's calling hours and funeral.

Several wastewater treatment plant employees and the plant's supervisor filed suit in June against Hosier and the city for reprimands received after the funeral. Both sides in the case have said discussions regarding a settlement have taken place. A motion of dismissal was filed on Hosier's behalf Aug. 18 in Jay Superior Court.

The lawsuit was filed June 23 by plant superintendent Bob Brelsford, and plant employees Crystal Chapman, Dave McGraw and Dean Chapman. These employees are seeking to have a letter of reprimand removed from their personnel files. The letter was placed in the files after they failed to attend the mandatory calling hours/funeral for Blackford. Brelsford was written up for refusing to reprimand his employees for not attending.[[In-content Ad]]
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