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Posted on Sun, Feb 27, 2011 : 5:58 a.m.

C'mon, Washtenaw County commissioners. It's not your money. Give it back. Now.

By Tony Dearing

If you take something that doesn’t belong to you and get caught, at the very least you should apologize and give it back.

That is something most of us learn at a young age. So why do some adults seem to forget it when they get elected to public office?

Shame on those Washtenaw County commissioners who are hemming and hawing and equivocating over their obligation to repay the county for per diems and mileage that they improperly collected between 2005 and 2010.

Last month, an independent accounting firm found that 10 current or former members of the Washtenaw County Board of Commissioners had collected nearly $25,000 in payments they weren’t allowed under county policy, and the majority of them still haven’t reimbursed the county for money they had no right to in the first place.

The per diem controversy dates back to last year, when the state Democratic Party sought to discredit former Republican County Commissioner Mark Ouimet, who was running for the state House, by scrutinizing the inordinately high number of per diems and mileage expenses he had claimed.

While the inquiry was politically motivated, the results were hard to deny. Ouimet collected well over $30,000 in per diems and mileage payments, a number of them questionable. He asked for an independent, non-partisan review, and said if it found he had collected money he wasn’t entitled to, he would repay it.

He has been a man of his word. The audit determined that Ouimet owed $14,386 and he has written a check to the county for that amount in full. Commissioners Kristin Judge, D-Pittsfield Township; Leah Gunn, D-Ann Arbor; and Rolland Sizemore Jr., D-Ypsilanti Township, also have paid back the modest amounts they owed, ranging from $25 to $65.

That’s all it would take for commissioners to put this issue behind them, but some still refuse to pay back the public treasury for money they clearly owe.

Commissioners Barbara Levin Bergman, D-Ann Arbor, and Wesley Prater, D-York Township, each owe more than $1,800. Prater still disputes the findings, and Bergman won’t say whether she’ll pay back what she owes. Former Commissioner Jessica Ping, who owes more than $5,000, couldn’t be reached for comment this past week.

Ann Arbor Democrat Jeff Irwin, now serving in the state House, said he'll pay the $100 he owes. And Ken Schwartz, now a road commissioner, also has vowed to repay his $1,055.

If we had our way, per diems would be done away with altogether. The $15,500 salary that commissioners earn is more than adequate for their service. They shouldn’t be nickel-and-diming taxpayers for attending meetings when other local elected officials serve for far less pay. We applaud commissioners like Ronnie Peterson, D-Ypsilanti, who doesn’t take per diems, and Gunn, who also stopped taking them in recent years.

For those commissioners who do collect per diems, they at least have an obligation to follow the county policy, which we find sufficiently clear on what is or isn’t allowed. It says commissioners may collect a per diem of $25 for attending meetings of certain committees they are appointed to, as well as mileage, and those committees are spelled out in the policy.

But some commissioners began taking a liberal - and clearly inappropriate - approach to what activities they could collect per diems for. Last year, the board quietly approved a new policy that limited per diems, mileage and travel expenses to about $3,500 a year per commissioner. That curbed much of the abuse, but it didn’t address the obligation of those who improperly collected per diems prior to this reform being put in place.

Thumbnail image for Conan_Smith_July_2010_debate.jpg

Conan Smith

We’re offended by the empty excuses we hear from some commissioners who haven’t repaid the money yet, and we’re disappointed by the lack of leadership that board Chairman Conan Smith, D-Ann Arbor, is demonstrating on this issue. Instead of leading by example, repaying the $591 he owes and firmly calling on his recalcitrant colleagues to do the same, he is dismissive, calling it a “low priority’’ that he hasn’t given much thought to.

While some commissioners have behaved properly from the beginning or have admitted their impropriety and made amends, those who continue to hold out are violating the public trust and giving citizens yet another reason to be cynical and disgusted by the behavior of those they elect.

C’mon, commissioners, do the right thing. It’s not your money. Give it back. Now.

(This editorial was published in today's newspaper and represents the opinion of the Editorial Board at AnnArbor.com. Bob Guenzel, the former county administrator who serves as a citizen representative on our board, did not participate in deliberations on this issue.)

Comments

Steve Jones

Mon, Feb 28, 2011 : 5:46 p.m.

Maybe when and if this is all said and done an "independent audit" can be launched on the travel which has been billed to the county. Such a Mr. Prater taking trips to Hawii. It has been over a month and these debts are still unpaid I suggest the County start to change interest just like all credit card companies do.

Robert Honeyman

Mon, Feb 28, 2011 : 4:58 p.m.

these guys are all totally clueless. it's not even about the money: it's the attitude. this is anything but a petty topic. an independent audit compared reimbursement submissions against written policy and found errors. pay back the funds without delay and no one cares. treat it like it's silliness and everyone notices. politically brain-dead. but that's the dems for you. i've never voted for a republican in my lifetime (and won't start now!) but no way i'd vote for any of these clowns.

InsideTheHall

Mon, Feb 28, 2011 : 11:54 a.m.

Come on Bergie pull the checkbook out you have OUR money!

Dilbert

Mon, Feb 28, 2011 : 1:12 a.m.

What this editorial (and other articles) fail to mention is that these expenditures were reviewed every year as part of the County's annual audit; that report was in turn approved by the board and filed with the State. As noted above, the recently completed "independent review" was not an audit.

David Cahill

Sun, Feb 27, 2011 : 7:59 p.m.

Undisputed amounts should be paid back to the County ASAP. If amounts are indispute, then an agreement should be reached, and amounts owed (if any) should be paid. In legal terms, if the amounts involved are right, the commissioners involved have been "unjustly enriched" by these payments. They have a legal duty, which can be enforceable through a lawsuit by the County if necessary, to pay back the County.

Snarf Oscar Boondoggle

Thu, Apr 12, 2012 : 2:25 a.m.

ethics don;t need a lawasuit .... oh, wait; nevermind.

MjC

Sun, Feb 27, 2011 : 5:03 p.m.

Seriously Don? Tony Dearing is a member of the AnnArbor.com editorial board and you think he doesn't know what he's talking about? An internal audit and external audit determined inappropriate uses of per diems. The external audit backed up the internal audit and specifically identified inappropriate expenses. Your so called "good folk" commisioners who have yet to pay back what they owe should be shamed into paying! So pay what you owe and earn back the respect of the voters.

bugjuice

Sun, Feb 27, 2011 : 4:31 p.m.

Conan Smith comes across as just a little slimy.

John B.

Sun, Feb 27, 2011 : 6:55 p.m.

As seems to be happening increasingly often with him. Hmmmm....

Townie

Sun, Feb 27, 2011 : 4:11 p.m.

Another AA.com sloppy piece. It's clear that Tony (and Laurel) are Republicans so this story is being pushed. Still waiting for an AA.com into the phony jobs numbers from SPARK - - the story that will never be written. How about an audit of those numbers? Not going to happen on the AA.com 'news' watch with Tony controlling content. The usual Republican 'let's change the subject, blame someone else' tactic. Tony's trying to turn this think from a Ouimet thing into a Democratic thing. Like when the Republicans created a huge deficit and now are trying to pin the thing on the administration that's trying to clean up the mess they create. It would be funny if it wasn't taken seriously by so many of the misinformed.

average joe

Sun, Feb 27, 2011 : 7:49 p.m.

I believe last fall before the election it was the Democrats who were pushing this story. You said it yourself- it started as a Ouimet thing, by who?? He paid back what he owed- now all the rest should follow.

ChunkyPastaSauce

Sun, Feb 27, 2011 : 4:05 p.m.

Why does annarbor dot com keep stating that this was an audit? On the first page of the report it says: "We were not engaged to, and did not, conduct an audit" I think the article is harsh and jumps to conclusions considering in the report: "We make no representation regarding the sufficiency of the procedures referenced above either for the purpose for which this report has been requested or for any other purpose." They accuracy of the report is unknown "This report is intended solely for the use of Washtenaw County and is not intended to be and should not be used by anyone other than those specified parties." Report does not state the amount of eligible but not paid payments (which Conan Smith says is much greater in his case than the $591 ineligible in the report. In other words he argues the county owes him money) Report states that it used 2 criteria to determine eligibility. However it does not state whether or not there exists other criteria in practice. Report says that it designated some payments (doesn't state how many - weird) as ineligible due to lack of provided documentation whether or not they were actually eligible. In other words they lacked the resources to verify payments and instead of removing them from the report they were designated as ineligible.

John B.

Sun, Feb 27, 2011 : 6:54 p.m.

Bottom line - to not pay pay back amounts in the low hundreds of Dollars is political suicide, in my opinion. Even if you argue about the 'validity' of the audits (which I don't), it's still just plain dumb for them not to write checks, to avoid any appearance of impropriety (at the very least). To argue technicalities at this point is idiotic....

MjC

Sun, Feb 27, 2011 : 5:13 p.m.

What do you mean there was never an audit? County Clerk Larry Kestenbaum's analyzed the expense reports and determined there were more than $26,000 in ineligible claims made over six years. I'd call that an audit! A senior auditor from Rehmann Robson public account firm was then brought in to complete an independent report. Is that not an audit either?

Huron74

Sun, Feb 27, 2011 : 3:49 p.m.

Speaking as someone who has followed the partisan antics of a certain Local Attorney/Democrat Activist for a few decades now I for one find that his muck raking efforts blowing back against his own Dems quite amusing. By all means audit the whole board going back twenty years as has been suggested. They're mostly Dems anyhow and many have moved on to higher office too. The results of that ought to be interesting. Let the muck raking begin! And thanks again to the Local Attorney for bringing this all up too.

eyeonthenews

Sun, Feb 27, 2011 : 3:42 p.m.

Thanks Tony. Excellent story, my sentiments exactly.

MichGirl

Sun, Feb 27, 2011 : 3:23 p.m.

Wow, this is an interesting story. I wonder what would happen if taxpayers did the same thing and just didn't give Washtenaw County the taxes they're due? If I'm not mistaken, there are penalties for delaying payment. Why do we have a double standard on this? One thing I know is that we can vote against citizens who run for office and flaunt the law. Hopefully these civil servants who are ignoring this "low priority" task will be motivated soon to write a check. We ARE watching you know!

Ron Granger

Sun, Feb 27, 2011 : 3:16 p.m.

Who'd like to show up at a commission meeting to protest? Is that what it will take? A little media circus? I'm sure the national media would just love to pick that story up, and they would not hesitate to name names. And, certainly, this deadbeat behavior will not be forgotten in any future elections.

Tom Wieder

Sun, Feb 27, 2011 : 2:58 p.m.

As a Democrat, and as the person who brought this situation to light, which was focused on the outrageous abuses by Republican Mark Ouimet, I am appalled that some of my fellow Democrats are dragging their feet on this. Pay back the money! No one (that I know of) is claiming that you knowingly put in for per diems to which you weren't entitled, but that's not the point. (In the case of GOP Jessica Ping's $5000, some of her claims were so absurd that it's hard to believe she thought they were legit.) The point is - you got County taxpayers' money that you didn't deserve. @Happy Fun Ball - The auditors actually looked at 6 years 2005-2010, inclusive, basically because the original presentation I made about Ouimet focused on his 6 years on the Board. But there's a logicial reason not to go further back now - the statute of limitations for seeking return of the money is 6 years. As for more audits - the city and county operations are regularly audited, and no other elected officials get "per diems" for attending meetings.

Do not taunt Happy Fun Ball

Sun, Feb 27, 2011 : 2:23 p.m.

And while we're at it . . . Why did they stop the audit at 5 years? Why not go back 10, or even 20 years! How much money is missing? Who got paid and who stole? Why did they stop the audit with the County Commissioners? Would not the Road commission or city hall be a good place to audit next? The entire county should be audited! $30,000 is paltry to what a good audit would find over a 20 year search period.

Go Blue

Sun, Feb 27, 2011 : 1:52 p.m.

Not entitled means not entitled. When someone takes something they are not entitled to, it should be returned promptly. Not by dragging it out or by dodging the issue or looking the other way trying to ignore it. If someone cannot pay a lump sum, then make payment arrangements. Stepping up and doing the right thing is not difficult. When a person is in the public light, you are under a magnifying glass and being on one's best, not worst, behavior is crucial. No excuses are needed or acceptable. We expect better from our elected officials. Any other situation and this would be in police hands. Maybe that is what it will take to prompt some repayment actions.

DeeDee

Sun, Feb 27, 2011 : 1:35 p.m.

Apparently Jessica Ping owes more than almost everyone else put together -no wonder she doesn't want to comment. The County Commission needs to hire a collection agency, notify the credit ratings agencies, and collect on this debt from her and all the rest of these dead beats.

caretaker

Thu, Mar 3, 2011 : 12:03 a.m.

I dont think it is fair to her sister, that fills her seat now.

average joe

Sun, Feb 27, 2011 : 1:28 p.m.

"The Washtenaw County Democratic Party issued a statement today, urging county officials to enforce county board rules and financial procedures and require any commissioners who improperly collected payments over the last five years to repay the county." -(Ann Arbor.com 10-22-10) "Conan Smith, D-Ann Arbor, is demonstrating on this issue. Instead of leading by example, repaying the $591 he owes and firmly calling on his recalcitrant colleagues to do the same, he is dismissive, calling it a "low priority'' that he hasn't given much thought to." It seems Mr. Smith didn't get his own party's memo, as just days before the election, it was a high priority....

Salinemary

Sun, Feb 27, 2011 : 1 p.m.

The independent audit determined that they were improperly paid. Pay it back, commissioners.

Don

Sun, Feb 27, 2011 : 11:46 a.m.

what a petty story. the author has little idea of what happenend in each case and wants to shame these folks into giving back money which they may or may not owe, recieving these monies was a common precident in these in cases-which have lots of grey areas. Poor journalism, find something worthwhile to write about instead of giving good meaning folks more grief than they likely deserve. To me the author looks like the bad guy!

OLDTIMER3

Sun, Feb 27, 2011 : 10:05 p.m.

Independant auditors found that were were NOT entitled to the funds therefore they should be paid back with interest or be charged embezzelement or some such white collar crime..

wordsmith

Sun, Feb 27, 2011 : 1:30 p.m.

There was an audit. That's the answer. They owe money. Why would you make excuses for these people? If they really are well-meaning folks, they should take responsibility. Oh, wait. You want another audit, at taxpayer expense. "Shame" is the right word. Shame on these officials and their apologists.