Washtenaw County board chairman defends his decision not to repay $591
One question continues to nag Conan Smith, chairman of the Washtenaw County Board of Commissioners: When will he pay back the county?
According to a posting on Smith's Facebook page, the answer is never. Smith says he doesn't plan to repay the $591 in county payments an auditor deemed improper more than five months ago.
"A number of friends asked why I wouldn’t just pay the $600 and make this go away," writes Smith, D-Ann Arbor, giving a lengthy explanation of his reasons for not doing so.
Conan Smith
Smith's response comes after months of public criticism following a report by an accounting firm that found 10 commissioners improperly billed the county for nearly $25,000 in per diem payments and mileage for attending meetings between 2005 and 2010.
Smith is one of four who have yet to repay the county and, being the board chairman, has been heavily criticized for his inaction.
County Administrator Verna McDaniel has said it's up to the board to decide how to handle the situation, but no commissioner appears willing to do anything about the matter.
In addition to Smith, the county has yet to receive $1,875 from Commissioners Barbara Levin Bergman, D-Ann Arbor, who plans to retire from the board at the end of next year. Former commissioners Ken Schwartz and Jessica Ping owe $1,055 and $5,003, respectively.
Smith wrote in his Facebook post that the auditor's report "was provided as guidance for the various decision-makers, not as a finding of indisputable facts."
"In reviewing those individual expenditures, I disagreed with their assessment," he writes, noting in his case there were 23 meetings red-flagged by the auditor.
Of those, Smith said, five were for public forums the consultants did not note as public meetings, 13 were for meetings of boards or commissions to which Smith was actually appointed, and five were for meetings he was sent to by the chair of the board.
"There were some paperwork discrepancies or misinterpretations that help explain the differences," Smith writes. "For example, two of the claims were for meetings of the Washtenaw Development Council, but were erroneously documented."
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's e-mail newsletters.
Comments
mojo
Tue, Jul 12, 2011 : 3:12 p.m.
How about no salary, no per diems, no payments of any type to any elected county official! . Most counties in the country operate on this standard - it keeps the politicos fingers out of the pot.
Diagenes
Mon, Jul 11, 2011 : 12:23 p.m.
Recall him. He is unfit for public office. He has defrauded the County. The County Prosecuter should bring charges of theft against all who were illegally compensated and did not pay restitution. We must hold elected officials accountable for their actions.
Basic Bob
Sun, Jul 10, 2011 : 5:32 a.m.
@shep, re: "I cannot imagine how insulted Conan and the other Commissioners must be!!" These guys have to be thick-skinned to survive in politics, not that I think we should add to their burden. The opposing candidates and their attack animals take care of that for us. If he has been insulted it has come from his fellow commissioners who sold themselves out in an ill-fated attack. County commissioners do not require travel to make good judgments on behalf of the county. They have professional administrators that do the heavy lifting, the commissioners are not bosses as much as advisors (just as any board). There is much that can be learned by reading, writing, telephone correspondence, and even praying that does not require time away from the family. If individual commissioners want to spend time in Reno, that is a personal choice. The only person who can make choices for the commissioners are themselves (as a group). Somehow it was "decided" that local travel to meetings was bad, but junkets are good. I don't agree, but all I can do is vote for a different candidate in 4 years. Conan Smith said from the beginning he thought this investigation and audit was a bad idea, and I must agree, it only serves to distract us from the ongoing present day excesses.
snapshot
Sun, Jul 10, 2011 : 4:08 a.m.
I don't understand why the city employees responsible for issuing payments are not under scrutiny. I blame the city for incompetance and lacking in employee accountability. If I send the city a bill, would they pay it, or question it's validity? Why have we let the city employees "off the hook"? The Mayor needs to fire a city employee for not doing their job when issuing checks. I know the city implemented a "policy" change or something like that to take the heat of an incompetant department with authority to issue checks for invalid claims. Where else do we have incompetance, incomplet policy, discrecionary authority, and no oversight in our city government?
shepard145
Sun, Jul 10, 2011 : 12:40 a.m.
I cannot imagine how insulted Conan and the other Commissioners must be!! Unlike many public service positions, County Commissioners need to travel extensively to stay informed (seminars, etc.) and connected to county residents. They don't accomplish that by sitting in an office with a phone! They do that by spending A LOT OF TIME AWAY FROM THEIR FAMILIES. Petty bs like this is exactly why it is so unusual to find the best and brightest to run for office - especially locally. Who needs this nonsense!! I hope none of these commissioners pay and looking forward, the County should recognize that traveling commissioners are in our best interest and fix the stupid rules in support of their work. This is also why clerks should NEVER run a business or have any authority in government office higher then dog catcher general. If my name was on this list, I would acknowledge that some low level bean counter was now deciding how the Commissioners will do their jobs based on how "travel expense accounts" are metered out and respond by staying home with my family and to H with County.
Tom Wieder
Sat, Jul 9, 2011 : 5:50 p.m.
Vivienne Armentrout's analysis is just about right. Smith is misreading or ignoring the rules in claiming that all of the questioned per diems were authorized. This is also somewhat beside the point. The County Clerk's review found 9 of his claimed per diems "Uncertain" and 4 "Ineligible." The outside auditors found all 13 of those "Ineligible," plus another 10. Every Commissioner was given the opportunity - more than 6 months ago - to meet with the auditors and dispute their findings. Smith didn't do so. So, that's 2 reviews that found 13 to 23 of his per diems ineligible or uncertain, and he didn't challenge the findings until now. Actually, these reports understate the problem by giving an overly generous reading to the rules. I believe that the rules, properly read, would disallow at least 115 other per diems Smith claimed - for Agenda Sessions, Administrative Briefings, Leadership Meetings and Board Ways and Means meetings. These would total $2875, plus mileage. It would be fine if Smith asked for an independent, binding determination of who's right and agreed to promptly pay any amount determined to be owed. Instead, he just refuses to pay and thumbs his nose at County taxpayers.
Darin Lewis
Sat, Jul 9, 2011 : 4:53 p.m.
I'm not going to pretend I know all the rules governing travel within the WCBC, but I have done a bit of travel with both the U.S. Gov and the private sector. All travel policies vary to some degree, but they also have one common set of requirements: Travel has to be "authorized", costs have to fall within guidelines, costs have to documented, and the expense is approved after travel. In places I have worked, the manner in which the above "requirements" were met, varied. Eg: some places required an actual Travel Request prior to making arrangements. In some, my boss would simply say "go". That being said, throughout my business travels, the expense process has typically been smooth: travel completed, expense report approved, and reimbursement made. But once in a while, travel is "audited". The process for most audits is this: audit conducted, findings published, response/corrective actions submitted. Sometimes during audits, fraud is found; but typically, "issues" uncovered are more clerical in nature. Eg, a receipt not submitted; wording unclear, etc. In every instance, however, the person is given the opportunity to clarify the issue. From all that I have read about Conan's travel, the sole question is whether he was "authorized" to attend the meeting for which he submitted an expense. There has never been a finding of fraud (Eg, he didn't actually go to the meeting). It is simply a question of whether he was "authorized" to attend the meeting. If you read his response, the meetings in question appear to be valid. Nothing indicates Conan was not authorized to attend the meetings. I think we forget that this "audit" was conducted because of one suspect member of the board who was expensing some 250 meetings a year. This was not the case for every member of the board and it should not serve as a blanket "conviction" for the others. In Conan's case, questions were
BhavanaJagat
Sat, Jul 9, 2011 : 4:03 p.m.
Sir, Everything is okay. You may just keep smiling. I will ask the Auditors to refund the payment they may have received. They did a lousy job and they must return their fees.
Plubius
Sat, Jul 9, 2011 : 2:39 p.m.
Dock their pay.
Vivienne Armentrout
Sat, Jul 9, 2011 : 1:39 p.m.
Mr. Smith's Facebook page is revealing and he is to be commended for listing all events for which he claimed compensation. But he is in error saying that he was entitled to payment for "meetings of a body to which the commissioner was appointed by the board or the board chair." He apparently either has not read the BOC rules (which are adopted by the BOC and sometimes amended at the beginning of each term). The latest version is here (see pl 9) <a href="http://www.ewashtenaw.org/government/boc/agenda/bd/year_2011/2011-01-05bd/rules.pdf" rel='nofollow'>http://www.ewashtenaw.org/government/boc/agenda/bd/year_2011/2011-01-05bd/rules.pdf</a> As the rules state, compensation is for "Attendance at a meeting of a non-Board committee, subcommittee, commission, OR board identified in Section VIII (a), or attendance at a conference or convention as a representative of Washtenaw County when the member of the Board serves by appointment of the Board of Commissioners or the Chair of the Board." Note that either one must be appointed to a specific (listed) board or committee, or one is representing the BOC at a conference or convention (not a public forum, task force, or meeting among officials) at request of the chair. Many of his claims are for such things as interviews of applicants for the Road Commission and public forums on the sheriff's policies. Even if the chair of the BOC sent him to these, they are not permissible according to the Rules. Many of these are also early in his tenure as a county commissioner and could be excused (in culpability, not for payment purposes) as ignorance. But he should not insist that he was entitled to those payments.
Craig Lounsbury
Sat, Jul 9, 2011 : 10:08 p.m.
I don't want come across like I'm defending him but in fairness if the rules are amended regularly as you state then we need to know what the rules were in effect for each incident. The current rules aren't relevant unless they have been unchanged for the entire time in question it seems to me.
Jimmy McNulty
Sat, Jul 9, 2011 : 12:25 p.m.
Isn't he on the TV show "The Big Bang Theory?"
Urban Sombrero
Sat, Jul 9, 2011 : 6:02 a.m.
Slimy, slimy, slimy! I'm disgusted. The amount of hubris Smith is showing is just......unprecedented. It's amazingly over-the-top. I went to High School with the Ping girls. Alicia and Jessica. They were both of the "Do as I say, not as I do" crowd. So, I'm not surprised Jessica's caught up in this. Jessica, my father had a "Ping for County Commissioner" sign in his yard for months. And now? He's as disgusted as I am that you're acting this way. SHAME ON YOU! The taxpayers deserve better. So do your constituents, and supporters. You've disappointed a lot of people. (I made him take that sign down, by the way. Well, my brother and I did. We have always known what you were really like, having spent years with you.....)
Urban Sombrero
Sat, Jul 9, 2011 : 6:03 a.m.
And, I give this post 10 minutes before annarbor.com pulls it down. I seem to be flagged for deletion or something.....
Urban Sombrero
Sat, Jul 9, 2011 : 5:38 a.m.
Wow. The hubris in his statement is unprecedented. How arrogant!
Lac Court Orilles
Sat, Jul 9, 2011 : 2:07 a.m.
Quimet took the most money, and now he's in Lansing taking money from school children and retirees without any remorse.
AstroJetson
Sat, Jul 9, 2011 : 12:59 a.m.
Gee whiz, Conan, maybe Mama Alma can help you come up with the $591.
Roadman
Fri, Jul 8, 2011 : 11:40 p.m.
Conan Smith has flip-flopped on this issue. He told Tom Wieder during public commentary period at one point that he was overly busy to write the check, to which Wieder responded that maybe he should not sit on the County Commission if he did not have time to take care of such business. There can be little doubt that his conflicting public pronouncements and stubborn refusal to attend to this matter in a way consistent with a responsible public servant have diminished his credibility and eroded public confidence in his leadership. As County Commission chairman he should be making efforts to end the controversy instead of it constantly being raised in the media as an ongoing public embarrassment to the entire County Commssion. I would hope that someone with authority will ignore insider politica and commence legal proceedings against all four owing the county.
John B.
Sat, Jul 9, 2011 : 12:46 a.m.
Agreed. Signed, a dyed-in-the-wool (real!) Democrat
lynel
Fri, Jul 8, 2011 : 11:13 p.m.
Just happen to have my property tax notice in front of me, I owe Washshtenaw County Operations just under $590. Can I say unfair and not pay that portion of my tax bill?
Craig Lounsbury
Sat, Jul 9, 2011 : 12:03 p.m.
Absolutely. Sincerely, Wesley Snipes ;)
dotdash
Fri, Jul 8, 2011 : 10:18 p.m.
Mr. Smith - - please listen to your friends. No one who has experience with accounting, expensing, or county government is going to take your paying this $600 as an admission of guilt. Rather, it is an mark of respect for the institution you are a part of and for the voters. Aren't there more worthwhile issues on which to take a stand if you want to destroy your career?
xmo
Fri, Jul 8, 2011 : 10:15 p.m.
Why are us servants questioning members of the ruling class about their money? They want to spend their money the way they want to!
SonnyDog09
Fri, Jul 8, 2011 : 9:56 p.m.
A fish rots from the head down. If the rules don't apply to the comrade chairman, why should any of us follow the rules?
DonBee
Fri, Jul 8, 2011 : 9:38 p.m.
Heave Ho, Conan needs to go!
Ron Granger
Fri, Jul 8, 2011 : 9:15 p.m.
He should either formally dispute the audit finding, or PAY. Just as any employee in a similar situation would need to do. Anything less is unacceptable, and a poor reflection of his character. Maybe someone should complain to the IRS? How ironic that Mark Ouimet prompty paid his due amount, and moved on. He comes out looking good. Compared to Conan, and the others who have refused to pay - Barbara Levin Bergman, Ken Schwartz and Jessica Ping - he looks great.
John B.
Sat, Jul 9, 2011 : 12:44 a.m.
Agreed. It's basically a matter of political savvy - much as I disagree with darn near everything Ouimet stands for, he has way more political savvy than Smith, obviously. For goodness' sake, Conan, it's less than 600 bucks. Write a check already! You are an embarassment to the Democratic party. (Although, it's becoming pretty obvious that you are a DINO, and on a major power trip...).
Chris Ward
Fri, Jul 8, 2011 : 8:23 p.m.
Ev er notice people that give them selves credit for something like, "I'm the first one to admit it when I'm wrong," are usually full of it.
Les Gov
Fri, Jul 8, 2011 : 7:48 p.m.
Bottom line......he took money from the taxpayers of Washtenaw County that does not belong to him. He should not be allowed on the board!! He is no better than Kwame. Like Kwame legal action needs to be taken. Why hasn't the Attorney General stepped in to protect the taxpayers money?
Roadman
Fri, Jul 8, 2011 : 11:49 p.m.
Good question. AG Bill Schuette has formed a Public Integrity Unit. I would like to see more official pressure to get these monied rcouped.
Jon Saalberg
Fri, Jul 8, 2011 : 7:26 p.m.
Apparently Mr. Smith is more adept in the ways of accounting than an accredited accounting firm. He says he admits when he makes mistakes, yet he is not doing exactly that, when called to task by an official report. It seems like Mr. Smith answers to a higher power, other than the people who elected him.
Mr. Ed
Fri, Jul 8, 2011 : 7:06 p.m.
You must remember Smith is in the "Family Business" he's entitled.
Alan Goldsmith
Fri, Jul 8, 2011 : 6:59 p.m.
"County Administrator Verna McDaniel has said it's up to the board to decide how to handle the situation, but no commissioner appears willing to do anything about the matter." A regular Profile in Courage here. Lol.
Dilbert
Sat, Jul 9, 2011 : 4:48 a.m.
the County Administrator is directly hired by the Board of Commissioners and works closely with the Chair of the Board.
Mr. Ed
Fri, Jul 8, 2011 : 7:20 p.m.
It's time we the public take action at the polls. They need to be fired!
jcj
Fri, Jul 8, 2011 : 6:47 p.m.
This story was posted at 2pm it is now 2:46 pm and the Governor has yet to weigh in!
alan
Fri, Jul 8, 2011 : 8 p.m.
We'll get Nathan right on it.
Craig Lounsbury
Fri, Jul 8, 2011 : 6:53 p.m.
maybe he's out hot-roding around in Jennifer's Volt?
ypsilanti
Fri, Jul 8, 2011 : 6:40 p.m.
This issue is one of the most irrelevant, foolish and frivolous ones to emerge in A2 politics in a long time. The audit asked for justification for the per diems. Smith has more than justified them. This is a solution in search of problem, one that costs far more than any conceivable benefit it could provide.
Will Warner
Fri, Jul 8, 2011 : 6:36 p.m.
"I did not bilk the public and paying the consultants' assessment would essentially be an admission of guilt," [Conan] writes. "In this case, the mistakes were made by others." Conan the Contrarian.
John B.
Fri, Jul 8, 2011 : 6:35 p.m.
It appears that Mr. Smith has a major character flaw - he can't admit that he made a mistake. Remember that the next time you vote for his board position, folks. Conan - to say that paying the debt would mean that you admit 'bilking the funds' is pure lunacy. Anyone can make a mistake - the measure of a man is whether he will admit it and right the wrong, or not. So far, you have failed that rather important test. You appear to have a serious behavioral problem, for which you may want to seek professional help, if you haven't already done so. You political future likely depends on it. ..and to Ms. Ping and the others that haven't dealt with this issue yet: shame on you! Pay up!
Craig Lounsbury
Fri, Jul 8, 2011 : 6:15 p.m.
what do Conan Smith, OJ Simpson and Casey Anthony have in common? They all declared "I didn't do it" But only two of them were actually found not guilty by the prevailing tribunal.
John B.
Fri, Jul 8, 2011 : 6:36 p.m.
Yes, but only a few.... ;-)
Craig Lounsbury
Fri, Jul 8, 2011 : 6:26 p.m.
do I get any bonus points for dragging Casey and OJ in to the discussion?
Alan Goldsmith
Fri, Jul 8, 2011 : 6:15 p.m.
And Democratic Commissioner Smith, we don't really care what people who know you think. Voters elected you--you should be a bit more concerned about what they think and why you didn't come up your violin sob story when this first arose as an issue. Pay up.
Alan Goldsmith
Fri, Jul 8, 2011 : 6:12 p.m.
I am so sick of politicians whining about how poorly there have been treated. Grow up Mr. Smith, pay this debt to the taxpayers and move on. This self righteous complaining, which the country and the county are facing their worse financial crisis since the Great Depression, is growing a bit old. Pay up! And in typical cowardly politician fashion, he didn't speak to a reporter--he posted his carefully worded version to Facebook. Maybe we need, as I've posted in the past, an Emergency Financial Planner, something you are a big supporter of, to come in and handle this for you? Pay up!