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County records manager rejected  request to destroy foreclosure files

Sheriff’s Office data tagged for destruction relate to appraisers’ fees now being reviewed.

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By Lynn Hulsey, Staff Writer Updated 12:58 PM Friday, January 29, 2010

DAYTON — When a request to destroy foreclosure sales records kept by Montgomery County Sheriff Phil Plummer crossed Deborah Andrews desk on Jan. 20, the county records manager immediately flagged it for rejection.

Earlier in the month, a county clerk of courts employee phoned Andrews, saying there had been a public records request for the addresses of sheriff’s sale appraisers.

Andrews recalled the conversation, realized the files slated for destruction could be relevant, and declined to approve disposal.

County policy prohibits disposing of records pertaining to any “pending case, claim, action or request.”

In addition, the form listed records from 2008 that were not yet eligible for destruction under the county’s records retention policy.

Andrews said officeholders are responsible for knowing whether their documents meet the criteria, and nothing can be destroyed without her signature.

Andrews said she did not know at the time she rejected the request that Montgomery County Common Pleas Judge Barbara P. Gorman had on Jan. 19 asked the sheriff’s department for records dating to 1996 on foreclosure sales, appraisals and pay for the appraisals.

Gorman, the general division administrative judge, is trying to determine how the appraiser fees were increased from the amount ordered by the court in 1996 and what the fee should be.

The court is examining how the appraisers came to be paid $85 per property when the court in 1996 set the amount at $60.

The court’s inquiry came after Plummer was questioned about employing his sister and others affiliated with his office or political party for the no-bid appraisal jobs, which paid as much as $151,456 per last year.

Gorman specifically asked for appraisal documents from 2007 through 2009.

The records covered by the disposal request were for 2007 and 2008, and included real estate appraisal forms, appraiser worksheets and receipts, according to the sheriff’s office.

Plummer said the records Gorman wanted were available from the appraisers.

But he said the foreclosure sales records should not have been submitted for disposal and he would not have signed off on it if he’d known about the request.

Plummer blamed a mistake by Sgt. Tom Flanders, who submitted the form. The form was not signed by Plummer and included a note from Flanders asking Andrews to review it and return it for the sheriff’s signature.

“I don’t know if somebody is thinking we are trying to pull a fast one, but that’s not the case here,” said Maj. Greg Laravie, support services division commander and Flanders’ supervisor.

Flanders said he is new to the job and it was the first time he had requested that records be destroyed, a routine county practice governed by strict retention policies. He said he put the written request in the county’s interoffice mail system during the week of Jan. 11.

“No one ordered me to do it,” Flanders said.

Plummer said he will investigate Flanders’ actions “to see if there was any kind of wrongdoing.”

On Thursday, Plummer’s office delivered the documents Gorman requested, said James Drubert, court administrator. They will be used in the court’s review of appraiser pay prior to a rate being set by the judges.

In a Wednesday interview, Gorman said she had already heard about the rejected request to destroy the records but would not speculate the circumstances behind it.

“All I know for sure is that no records are being destroyed,” Gorman said.

“So at this point no records are being destroyed and we are getting what we asked.”

How the Daily News broke the story

Jan. 9

The Dayton Daily News reports that property appraisers working for Montgomery County Sheriff Phil Plummer — most of them with real estate or appraisal licenses — earned as much as $151,456 last year appraising foreclosed properties to be sold at sheriff’s auction.

The newspaper also reports that Plummer has suspended his sister from her job appraising foreclosed homes for his office. Plummer says he is seeking an Ohio Ethics Commission opinion on the legality and ethics of employing his sister, Kimberly Solomon, in a job that paid $141,763 last year.

Jan. 12

The newspaper reports that all of Plummer’s property appraisers have connections to him, his office or the Republican Party. All but two of his 11 appraisers received between $128,646 and $151,456 last year.

Jan. 13

Plummer says “I made a mistake” and apologizes for having his sister do appraisals for him. She won’t return to the job, he says.

Montgomery County Administrative Judge Barbara P. Gorman says a court committee will study the minimum fees paid to appraisers.

Today, Jan. 29

The newspaper reports that Plummer’s office attempted to destroy at least three years of foreclosure sale records the day after his office was asked by Judge Gorman to provide information from appraisals.

The request, which was rebuffed by the county’s records manager, would have violated the county’s record retention policy. It also violated a specific provision that no records be destroyed during investigations or other probes.

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