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Prosecutors to review public defender’s office audit; office chief still suspended
DAYTON — An audit which found the Montgomery County Public Defender’s Office deliberated evaded county procedures for computer purchases and entered an invalid contract for internet service will be turned over to the county prosecutor’s office for review.
The public defender’s commission, a five-member body which oversees the office, met Tuesday. Commission members said that they were following the recommendation of the county auditor’s office. The commission also decided to continue the paid suspension of Public Defender Glen Dewar, which started March 19.
The commission met for about 90 minutes, most of it in executive session. The next meeting is scheduled for June 2.
Dewar said Monday, May 3, that all of purchases were done for legitimate and ethical reasons. He also said that his office did not have to go through the county’s automatic data processing board because his office was excluded from the state’s data processing statute, just as the common pleas court and court of appeals are.
The audit, completed April 26, noted that purchases more than $25,000 must be voted on by the county’s automatic data processing board. Software purchases less than $1,500 and hardware purchases less than $2,500 can be submitted to the purchasing department without prior approval. Purchases above those minimums but less than $25,000 must be submitted to the director for data processing.
The audit covers January 2009 through March 31, 2010. During that time, the office did not submit any software or hardware requests to the full ADP board.
The audit lists 15 invoices from PC Solutions, varying from $1,200 to $2,500 and totaling more than $33,000.
“Given the manner in which the invoices were segregated and submitted … it appears that the department’s actions to avoid the approval process was (sic) deliberate,” the audit states.
Dewar said “it didn’t seem as much like a violation than as a loophole.”
The audit also questioned an agreement with Time Warner Cable signed Sept. 21 by the office’s IT director Ryan Sevey. The three-year agreement will cost the office $13,438 annually for internet services. The county system charged the office $4,940 during 2009.
“We do not believe this agreement with Time Warner Cable to be a valid contract,” the audit states. “We question Mr. Sevey’s authority to commit the county in such a manner, and no auditor’s contract certificate for this purpose has been requested or issued.”
Dewar said Monday that Time Warner was providing an information pipeline twice the size of the entire county’s system. He also said that he wanted the office to go to its own system after learning that county IT workers were able to view confidential materials, violating attorney-client privilege.
Dewar also said he gave Sevey the authority to sign the contract.
“I told him to,” Dewar said. “He never entered any agreement without first consulting with me.”
Dewar has been public defender since 2000. At its last meeting, the commission named deputy director Rudy Wehner to serve as acting director.
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