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Kokomo Tribune (Newspaper) - October 26, 1994, Kokomo, Indiana 53 TRIBUNE 50 cents Prosecutor audit reports violations Editors note The State Board of Accounts released the Howard County Prosecutors office audit The audit report consists of results and a page on the exit conference with County Prosecutor James and Andrews written official response to the This story contains the audit findings and Andrews written official response to those ByJEFFPARROTT Tribune staff writer Howard County Prosecutor James Andrews use of discre tionary funds from 1991 through 1993 involved improper docu mentation for claims unau thorized payments to personnel and numerous violations of state according to a recently released State Board of Accounts The 24page audit was finally made public on It sheds light on a question Andrews and Howard County officials have struggled with for some time now how much power over the use of discretionary funds should the prosecutor have Andrews responded to the audits findings by citing two facts repeatedly in his defense to the state boards conclusions that the Howard County commissioners and auditor approved and paid mileage and additional payroll claims the auditors found to be improperly verified and docu and that the county coun cil in February passed an ordi nance retroactively authorizing all expenditures of discretionary funds since August The prosecutors discretionary funds consist of Pretrial Diversion and Title IVD Incentive In the Pretrial Diversion United Way Bryan chairman of the United Way campaigns Cornerstone 3 reports oh fundraising by his which includes Barry and Ton Fox Tribune photo by Brian Reynolds United Way donations up 32 ByLISAFIPPS Tribune staff writer Donations to the United Ways fundraising campaign increased percent since last making the total collected to date That brings the organization to percent of its The United Way helps fund community such as but not limited to the Ameri can Red Cross and Associates from area businesses are loaned to the United Way to go to various companies and organizations to solicit volunteers campaign for the United Part of the success for the annual campaign can be con tributed to the headed by the loaned associates and which have not only met their but sur passed 1994 United Way Campaign One example is the court ordered pay ment started a few years ago by Judge Randy He explained if someone is charged with for he can fine He then gives them the option of paying a for or donat ing to United Hainlen noted he does not order them to make a but he cangive the The goal was to raise This so has been Other success stories talked about during this mornings loaned associate report meetinginclude Chrysler increas ing their over last years by 5 percent and Chrysler increasing their giving by 14 TeefGoffT a loaned associate from Howard Community Hos reported the facility enjoyed a good year financially and the administrative team and board of trustees decided to share a little of our success by donating Joseph Hospital Health Center donat ed despite a recent lay Eriks Chevrolet employees increased their donation over last Local bars had a goal of raising and sur passed that by raising Local restaurants surpassed their goal by collecting The YMCA gave over twice as much as last giv ing Meedco raised more than six times last years dona giving Ford sales spark billion profit European market on the high road President Clintons Middle East trip President Clinton is in the Middle East this launching a sixnation mission to celebrate peace between Israel and Jordan and speak against AP Ford Motor thirdquarter profit swelled to more than double last years amount and a record for the July through September the company said Earnings were per compared with 40 cents a share in third when net earnings were Fords revenues rose percent to compared with billion a year The 1993 earnings reflected a onetime gain of because of changes in tax The earningsper share figure for 1993 is adjusted to reflect the companys 2forl stock split of earlier this Fords earnings were a thirdquarter record for the nations second biggest Fords previ ous best third quarter was million in Ford earned million on automotive opera tions during the up from million a year International automotive opera tions showed a million compared to a 1993 loss of The gains reflected a turn around in where the com pany lost million a year Inside todays Kokomo Tribune Classified Local News of TURKMENBTAN a joint news conference and address the Knesset Today Clinton is in mealing with Egyptian President Hoanl Mubarak and Palestine Liberation Organization chief Yasser Arafsl Travels to Amman to address the Jordanian parliament and spend the night 9Friday Flies to Kuwait to address American V Concludes trip in Saudi where he meets with King Arrives back in Washington early Thiiradav Flies to to meet with President Hafez Assad WHiwtoAqabaonthe IsraelJordan border for the signing of a peace treaty between the two The signing will take place at a former to Israel to meet with Prime Minister Yitzhak hold individuals charged with misde meanors pay fees to be diverted from court into treatment pro If the arrested individual completes the treatment program and a probationary period with no further the charges are Title IVD funds come through the collection of child support and are dis tributed evenly to the prosecutors the county general fund and the circuit court clerks The following is a rundown of the audits with Andrews responses to each Pretrial diversion AUDIT Participants in the pro gram arrested for driving while intoxicated were charged an ini tial program fee of but state law calls for an initial fee of only Please see County officials respond to taking the blame ByJEFFPARROTT Tribune staff writer Howard County Prosecutor James Andrews has pleaded ignorance to some state laws hes accused of violating in a recent State Board of Accounts He still doesnt believe hes broken But as Andrews points out repeatedly in his response to the he didnt operate in a vacu The county system in which as enjoyed free reign over hundreds of thousands of dollars in discretionary funds since 1989 and then had it all retroactively approved with a sin gle council vote in February also involved the county commissioners and On Andrews provided the council with an itemized list of how he had spent his discre tionary funds which come from a combination of child support enforcement and pretrial diver sion fees since The coun cil had asked him to do so each but Andrews had main tained that a 1989 county ordi nance gave him discretion over the funds The council and commissioners have said they believe that ordinance only cov ered that Andrews willing ness to come forward with a bua get in February for the four previ ous years came after an order do so from the State Board of he told the council On the council approved all the expenditures in an amendment to the 1989 ordi nance a fact Andrews cited in response to the audits finding that hed paid employees with discre tionary funds over and above the salaries the council had approved at the beginning of the At that Andrews asked to be placed last on the according to County Council Pres ident Richard I believe that was to either clear the room of a lot of folks or in wear the council Miller Miller was asked if the council could have taken the ordinance amendment under to be and ruled on We quite possibly could but it came to nobodys mind to do Miller We quite possibly should havex taken it under advisement and sought Please see Andrews verbal agreement put in writing Fox of th ptact signing By JEFF PARROTT Tribune staff writer Howard Superior Court 3 Judge Randy Hainlen said his affidavit in a State Board of Accounts audit of Prosecutor James Andrews merely puts in writing what had existed as a verbal agreement between the men for Hainlen said Andrews told him the State Board of Accounts was questioning the size of the initial users fee that drunk driving defendants in Howard County were paying to participate in the pretrial diversion The among other found Andrews had been charging Dri ving Under the Influence DUI defendants initial user fees of up to to participate in the pretri al diversion instead of the state law calls He Andrews wanted to know if 1 had any memory of how we agreed in regard to what 1 was looking for in pretrial with regard to DUI Hainlen 1 here are the points that 1 He If I have something typed up con taining those will you sign it I Assuming it contains those I Andrews learned of the SBA audits findings on accord ing to the final audit and Hainlen signed the affidavit on Hainlen said he hears about 99 percent of the drunk driving cases in Howard He said he and the prosecutor had reached a verbal agreement that the coun tys pretrial diversion as it related to drunk driving offens would charge defendants more than the fee called for in the state When we had this set of meet ings back some time one of the things we came up with is it should be an expensive proposi tion for those that go through the According to Hainlens affidavit in the audit the state statute reads that county prosecu tors drunk driving policies may exceed certain statutory guide lines as being such other terms or conditions that the court may Hainlen said he is personally opposed to pretrial diversion in especially for drunk dri ving because he feels they should not be erased from a defendants But whether or not to operate the program is up to the Hainlen In pretrial a defen dant pays hefty agrees to undergo drug and alcohol coun seling and if he doesnt commit another offense within a proba tionary his charges are wiped orf his The money the prosecutor earns through this along with what he collects through child support makes up his discretionary Andrews expenditures of dis cretionary funds from January 1991 to 1993 were the subject of the State Board of Accounts Pretrial diversion gave Andrews about to spend on office related items this Hainlen and Andrews served as deputy prosecutors together under prosecutor Charles Myers from 1983 through Hainlen then became Andrews chief deputy prosecutor when Andrews took office in He was appointed by Evan Bayh in September 1989 to fill a vacancy created by me retiring Judge Eleanor and was elected to continue serving on the bench in
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