4 Washtenaw County commissioners still owe combined $8,524 from improper expenses
Nearly five months after an auditor's report showed 10 Washtenaw County commissioners improperly billed the county for nearly $25,000, four have yet to repay the county.
That includes Chairman Conan Smith, D-Ann Arbor, who hasn't reimbursed the county for $591 in per diem and mileage payments he improperly collected between 2005 and 2010.
Smith announced his intention this week to seek re-election to the county board by setting up a Facebook event page inviting several hundred people to a campaign kick-off party. That almost immediately drew criticism from local attorney Tom Wieder, who has hounded the board about the money Smith and other commissioners improperly collected.
Conan Smith
Smith could not be reached for comment.
In addition to Smith, the county has yet to receive $1,875 owed by 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.
Schwartz and Ping could not be reached for comment today. Bergman defended her expenses when reached by AnnArbor.com via phone.
"I attended those meetings and they were assigned to me. That's all I have say," Bergman said.
The county administrator's office initiated the audit of per diem expenses and mileage reimbursements for all 11 sitting commissioners last fall. The request came after allegations of financial misconduct were levied against former commissioner Mark Ouimet, R-Scio Township.
Under county rules, commissioners are entitled to $25 per diem payments and mileage reimbursements for attending meetings of certain authorized county-related boards and committees. A review of county records showed commissioners billed the county for a wide range of meetings that fell outside of the board's rules.
Ouimet, who left the board in December after being elected to the state House, cut a check to the county in January for $14,386 — the full amount deemed ineligible in the audit.
Commissioners Kristin Judge, D-Pittsfield Township, and Leah Gunn, D-Ann Arbor, paid the $25 they each owed. Rolland Sizemore Jr., D-Ypsilanti Township, paid the $65 he owed. And Wesley Prater, D-York Township, paid the $1,835 he owed.
Former commissioner Jeff Irwin, who also left the board in December after being elected to the state House, paid the $100 he owed.
In an interview today, Wieder said it's "more than unsettling" that four past and present commissioners still have not repaid the county.
"It's just really maddening — particularly the people who are still serving," he said. "They should all repay, but there's something awful about people who are sitting there, running the county, asking people to take various kinds of cuts … and they won't pay back money they improperly took. And nobody's doing anything about it. It's mind boggling."
Smith said several months ago he wasn't sure he was going to repay the county because he disapproved of the audit process. He noted it didn't factor in all the times he and other commissioners could have billed the county for eligible per diems and mileage but didn't — it only looked at the times they made mistakes by requesting payment for ineligible meetings.
County Administrator Verna McDaniel said in February it's up to the board to decide whether to ask commissioners to repay the county.
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
Fredric
Wed, Jul 6, 2011 : 10 p.m.
Guess a few like Smith, Bergman, Schwartz, and Ping feel that they don't have to play by the rules. My suggestion, No further pay or expenses until the total is paid in full. How else will they ever be paid if the county, or rather We the Tax payers, continue to shell out money for people that have no respect for where their pay comes from, Then Smith has the Audacity to say, I don't know if I will pay, I don't agree with the Audit system" Who the hell does he think he is any way.
Roadman
Thu, Jun 30, 2011 : 6:01 a.m.
I would like to suggest to Mr. Smith perhaps he should consider obtaining the following logo for his re-election campaign: <a href="http://www.iloveconan.com" rel='nofollow'>www.iloveconan.com</a>
Basic Bob
Thu, Jun 30, 2011 : 2:03 a.m.
The proper response when this issue was raised would have been for commissioners to admit that they had a financial control problem, and change the rules going forward. Let the past be the past. But since certain members of the community were using this to grind axes on Mark Ouimet, all commissioners should be treated equally. Those commissioners who silently or openly supported partisan attacks on Mr. Ouimet while committing the same acts, should be immediately stripped of their chair and committee positions for the remainder of their term.
Basic Bob
Thu, Jun 30, 2011 : 1:53 a.m.
For those interested in keeping score in the current year spending race, the Open Book has been updated. Conan Smith has maintained his hold on second place with six months left in the competition, but he will need to give (take?) it his all to finish in the lead. <a href="http://www.ewashtenaw.org/government/boc/open-book/2011-board-of-commissioners-flex-spending" rel='nofollow'>http://www.ewashtenaw.org/government/boc/open-book/2011-board-of-commissioners-flex-spending</a>
Will Warner
Wed, Jun 29, 2011 : 10:43 p.m.
"Smith said several months ago he wasn't sure he was going to repay the county because he disapproved of the audit process" Conan the contrarian.
Christy Summerfield
Wed, Jun 29, 2011 : 5:06 p.m.
Can't we take these deadbeats to small claims court--or something!
Fredric
Wed, Jul 6, 2011 : 10:02 p.m.
I suggested that no further payments of any kind until the money is repaid!!
dotdash
Wed, Jun 29, 2011 : 3:45 p.m.
I think the non-paying commissioners might be relying on legal advice when they more properly should be relying on political and/or ethical advice. Since the county original signed off on and paid the expenses, it might not be able to sue to get them back, so probably a lawyer would advise that the commissioners could legally avoid paying. As the posts here show, however, lawyers might not be the right people to be listening to at the moment. A political advisor would probably not take a split second to advise them to pay the money back. Thus Oimet, with his higher political ambition, has cut a check. An ethical advisor would probably make a similar recommendation, regardless of the future political amibitions of the commissioners in question. The money was paid out, presumably in error, and it behooves the commissioners to behave in an ethical manner as well as to set a good example about rule following and the preservation of tax payer dollars.
Roadman
Wed, Jun 29, 2011 : 5:23 a.m.
Thank you for this article. I had thought that Conan Smith and the other three scofflaws had been the beneficiaries of the press forgetting about this. I am flabbergasted that these monies have not been repaid and am wondering why a lawsuit has not been filed in the name of the county to recoup funds that these four commissioners (current and former) have not contested are overpayments. This is the same county that hired an outside law firm to sue a homeless veteran for libel. Please keep this matter in the public spotlight until some sort of corrective action is taken.
Tom Wieder
Wed, Jun 29, 2011 : 2:33 a.m.
As the person who brought this all to light, I have two comments: @ddjames - Perhaps, you're new to this issue, but as has been discussed before, prior to 2010, no one checked what the Commissioners submitted. They run the County; there's no one above them. Whatever they claimed was paid. So, there was no one else to blame but them. Fortunately, they finally gave the County Clerk authority to review their submissions. @average Joe: "Ouimet, who happened to reimberse (sic) the county in full rather quickly." No, he didn't. The issue was raised on October 6, 2010. He said he would pay back any improper payments the Clerk said he received. When the Clerk reported what they were, he refused, saying he wanted an independent investigation. He said he would escrow the questioned amount in the meantime. He didn't. He finally paid in January, 2011, after he became a State Representative. One has to wonder if he ever would have paid if he lost the election and wasn't worried about re-election in two years.
Roadman
Wed, Jun 29, 2011 : 5:16 p.m.
@average joe: Mark Ouimet had indicated he would pay once he saw the final amount on the audit and did so as your dates point out. Tom felt it should have been paid when earlier reviews were done.
average joe
Wed, Jun 29, 2011 : 11:25 a.m.
Mr. Wieder-I acknowledge that you are perhaps the most informed of anyone involved with this subject, & appreciate your efforts in keeping this lack of respect toward taxpayers (& tax funds) alive until all funds have been returned. However, in your questioning my opinion of repayment timeliness please consider these facts- - The auditor's report was dated 1/24/11. - The A2.com story that Ouimet paid back the county was dated 1/31/11. I consider that "rather quickly".
Go Blue
Wed, Jun 29, 2011 : 12:09 a.m.
You weren't entitled to the monies, you should not have been reimbursed and that's all I have to say. Most honest people would be embarrassed and ashamed and immediately pay what they were erroneously paid. What's the deal? Too entitled to be bothered or what? If everyone else has to face the music and pay for their mistakes, so should these slouchers. They should not be allowed to serve in public office until they have made amends and paid what they owe. And there should be interest accruing, just like with property taxes. You don't pay, you get penalized. What is the problem in getting this resolved? When you get something that you are not rightfully entitled to and then refuse to give it back - what is that called?
Frank
Tue, Jun 28, 2011 : 11:29 p.m.
This is an insult to the County taxpayers. An independent accounting determined these amounts. I don't believe these commissioners deliberately overcharged as the rules were vague. I also do not believe there is any connection between party affiliation and amount owed as one comment suggested. Now.... That being said, PAY BACK THE CITIZENS MONEY. As an ex-County employee I know for a fact that this would have been grounds for termination. Elected officials have no special rights over County staff.
OLDTIMER3
Tue, Jun 28, 2011 : 10:39 p.m.
I would give them until August 1st then either prosecute them and or start charging them 20% interest like the CC companies do plus late charges.Especialy Ping.
Fredric
Wed, Jul 6, 2011 : 10:03 p.m.
Not a bad idea. Then we go after their pay checks. !!
average joe
Tue, Jun 28, 2011 : 10:39 p.m.
As the story states, the audit was requested by the opponents of Ouimet, who happened to reimberse the county in full rather quickly. The people who were "caught in the crossfire" ,whether they were the ones requesting the audit or not, should repay now, before they even think about re-election. And as for the ones not currently commisioners, they should be at least billed for the amount owed, with interest. If the current commisioners can't come to a consensus on doing this, then none of them deserve to be re-elected.
Les Gov
Tue, Jun 28, 2011 : 10:38 p.m.
This is proof that we have thieves in government! If they disagree with the Auditors findings and are going through an appeal process that is one thing. To say you just aren't going to pay that is stealing from the taxpayers. Government officials are supposed to be of a higher standard. Clearly these people are not. I believe Kwame will be leaving his cell shortly. It would be most fitting for these individuals to be the new occupants of Kwame's old cell.
Elaine F. Owsley
Tue, Jun 28, 2011 : 9:25 p.m.
Set a deadline and if they don't pay up tag them for larceny by conversion. Theft is theft.
ALWAYSQUESTIONIT
Wed, Jun 29, 2011 : 5:27 p.m.
Who is going to prosecute them? The county prosecutor who is appointed by them?
Carole
Wed, Jun 29, 2011 : 12:18 p.m.
That was going to be my statement for today -- pay up or go to court for theft. In the private sector, you most probably would be fired on the spot.
Carole
Tue, Jun 28, 2011 : 9:23 p.m.
Most places start charging interest on any payments that are paid in a timely fashion. I suggest that an late fee interest be assessed against these individuals. A large one at that.
Alan Goldsmith
Tue, Jun 28, 2011 : 9:10 p.m.
Pay up Conan. Pay up.
Alan Goldsmith
Tue, Jun 28, 2011 : 9:09 p.m.
"It's just really maddening — particularly the people who are still serving," he said. "They should all repay, but there's something awful about people who are sitting there, running the county, asking people to take various kinds of cuts … and they won't pay back money they improperly took. And nobody's doing anything about it. It's mind boggling." Bingo.
Alan Goldsmith
Tue, Jun 28, 2011 : 9:08 p.m.
Pay up Conan, or should we have an Emergency Financial Manager come in, a concept you fully support, to oversee your personal finances to take care of this for you? You're supposedly serving the public but you have this aura of entitlement that is more than annoying. Pay up!
Conan Smith
Mon, Jul 4, 2011 : 3:49 p.m.
<a href="http://www.annarbor.com/news/democrat-conan-smith-says-michigans-emergency-manager-law-will-help-local-communities/">http://www.annarbor.com/news/democrat-conan-smith-says-michigans-emergency-manager-law-will-help-local-communities/</a> ...Smith said he agrees with his fellow party members that some of the language slipped into the legislation is "egregious," and there's "absolutely" an attempt at union busting. He also thinks that some of the powers granted to emergency managers are overreaching. "The ability for an individual to dissolve a government is ridiculous. And the fact that the emergency financial manager has control over ordinances that are not related to financial matters doesn't need to be a part of it," he said. "So, is it ideal? No. So let's hope that not only is this an effective tool for when communities are on the brink, it's also an effective deterrent so that elected officials don't let their communities get to that point."
Michigan Man
Tue, Jun 28, 2011 : 8:49 p.m.
Interesting article. Somewhat surprised the article is not hating on Mark Ouimet? Now I can understqnd why Conan is smiling - ripping off the taxpayers to gain economically is probably fun. I live here in the Chicago area - we are reasonably well know for political corruption - If I were Conan I would not want to go where Blago is slated to reside in the future.
lisam
Tue, Jun 28, 2011 : 8:40 p.m.
"I attended those meetings and they were assigned to me. That's all I.... "have say," Bergman said. Sounds like she's at a loss for words.
ddjames
Tue, Jun 28, 2011 : 7:47 p.m.
OK...I don't often feel compelled to comment but I must on this one. Most of these comments reveal a bias against the commissioners. The problem IMO is not with the commissioners! I am a CFO here in Michigan. My work began years ago while paying my way through college in accounts payable. Reviewing expense reports is time consuming, boring, and thankless! However, it is necessary! I want to know why it took an audit to reveal this many payments going out of our county that are not legitimate. Look there will always be people who try to get reimbursed for this or that --they are unclear as to what is a legitimate reimbursable expense and what isn't--especially people who are new to an organization. It is up to accounting to set them straight! Yes, there are some people who try to take advantage of money that they see as not their own--but it is rare. Most people try to do the right thing. In either case it is critical that the people who process the expense reports, input them into the system for payment, and the PEOPLE WHO SIGN THE CHECKS must review, scrutinize, and take time to ensure the expenses are legitimate or not! If Ouimet had that much (over $14k) that needed to be paid back to the county then I blame NOT him but I blame the department that is responsible for processing expense reports and ULTIMATELY the person whose name is required on the signature line!! IMO all payments going out on Washtenaw Counties payables and payroll should from this point be audited and scrutinized to the greatest degree. For this many payments to have gone out over this period of time, it tells me that there are problems internally that must be dealt with.
ALWAYSQUESTIONIT
Wed, Jun 29, 2011 : 5:29 p.m.
How many times have you told your boss that you deny his submission? Can you say unemployed!
jeanarrett
Tue, Jun 28, 2011 : 8:24 p.m.
Totally agree. I work for a firm where this would never get past accounting!
Long Time No See
Tue, Jun 28, 2011 : 8:12 p.m.
It doesn't appear that most people are saying the commissioners were intentionally submitting illegitimate reimbursement requests - that's not the issue here. Yes, better oversight and/or education for the commissioners seems to be needed, and hopefully that would help to correct the issues that you point out. However, the big problem here is that these people are refusing to pay back the money that they should not have received. I'm willing to accept that the incorrect reimbursement requests were honest mistakes by the commissioners. What is completely unacceptable is that, when they were informed that the reimbursements were incorrect, they refused to return the money.
BhavanaJagat
Tue, Jun 28, 2011 : 7:42 p.m.
I will not ask Conan Smith to return any money. I may even suggest the County to pay its Chairman a sum of $25,000 to keep that smile on his face. That smiling quirk on his face is worth that expense. I would like to keep him smiling. I am afraid that I would miss to see that smiling countenance if he is pressured to repay. The smile on Cleopatra's face could launch thousand ships. The smile on Smith's face is worth the money he had wrongly billed the County.
BhavanaJagat
Wed, Jun 29, 2011 : 4:31 a.m.
You are right. I got mesmerized by the smile and forgot the face that launched thousand ships. I see a hint of Mona Lisa too. It's great.
Elaine F. Owsley
Tue, Jun 28, 2011 : 9:28 p.m.
Actually, I think that was Helen of Troy.
InsideTheHall
Tue, Jun 28, 2011 : 7:42 p.m.
Put the Ping sister on the Road Commission clean up crew for a month.
John B.
Tue, Jun 28, 2011 : 7:11 p.m.
IMO, Conan is being really stupid about this. Pay the small (for him) amount, and let it go. I guess he really wants to lose his next election? Bizarre. Jessica Ping should have worked out and begun a repayment plan by now, although she could probably just write a check for her outstanding amount, as Ouimet did. She was very likely counseled by Ouimet on how to over-charge the system, as they were by far the two largest abusers of the system, and are birds of a feather, so to speak.
KeepingItReal
Tue, Jun 28, 2011 : 6:55 p.m.
I agree with Weider. Conan is not responsive to his constituents and that is going to cost him.
Moonmaiden
Tue, Jun 28, 2011 : 6:47 p.m.
Why is Smith the story when Ping owes about ten times as much? What am I missing here?
Dilbert
Tue, Jun 28, 2011 : 7:39 p.m.
(Jessica) Ping is no longer on the board; (Conan) Smith is.
KeepingItReal
Tue, Jun 28, 2011 : 6:53 p.m.
Because he's the leader of the board. he should be setting an example. He talks a good game and I agree with Weider, When he learns to respond to his constituents, I may consider voting for him. Until, I don't think he has much credibility.
Long Time No See
Tue, Jun 28, 2011 : 6:16 p.m.
"[Smith] noted it didn't factor in all the times he and other commissioners could have billed the county for eligible per diems and mileage but didn't" Interesting... so he's claiming that because the auditors don't believe that two wrongs equals a right, he's going to petulantly whine about the "process" and keep the money that he received inappropriately? If commissioners wanted money for the legitimate costs for which he claims they could have been reimbursed, they should have applied for reimbursement. Not getting that money is *their* fault, not the auditors' fault. Claiming that illegitimate reimbursements should be counted as compensation for costs for which they were too lazy to request reimbursement is ridiculous. and... "I attended those meetings and they were assigned to me. That's all I have say," Bergman said. You shouldn't have been reimbursed for them, and you need to pay back the money. That's all I have to say.
diagbum
Tue, Jun 28, 2011 : 4:50 p.m.
Pay up Conan!