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Request to destroy foreclosure sales files was a ‘mistake,’ Plummer says

Montgomery County Common Pleas Court had an open request for sheriff’s appraisal records.

Sheriff Phil Plummer says he was unaware that his office made a request to destroy sheriff's sale foreclosure records while questions were being raised over appraiser fees and his hiring practices. File photo

Jim Noelker/Staff photographer Sheriff Phil Plummer says he was unaware that his office made a request to destroy sheriff's sale foreclosure records while questions were being raised over appraiser fees and his hiring practices. File photo

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By Lynn Hulsey, Staff Writer Updated 11:55 AM Friday, January 29, 2010

DAYTON — Montgomery County Sheriff Phil Plummer’s office attempted to have 25 boxes of foreclosure sales files destroyed last week in the midst of a Common Pleas Court inquiry into the pay of sheriff’s sale appraisers, according to documents obtained by the Dayton Daily News.

The request to destroy 2007-2008 records, which was rejected by the county’s records manager on Jan. 20, violated the county’s records retention policy requiring that foreclosure documents be kept for two years after the sale.

The county also prohibits destroying any record “which pertains to any pending case, claim, action or request.”

The court’s examination of appraiser pay came in the wake of controversy about Plummer employing his sister as an appraiser, a job that paid her $141,763 last year. He removed her from the job on Jan. 8.

Sgt. Tom Flanders said he made the records destruction request as part of routine records management practices and said he was unaware of the court probe when he completed the form. He said including 2008 files was a “typo.”

Plummer did not sign the records disposal form and said he found out about it on Thursday, Jan. 28.

“There’s no cover-up here. It was a mistake by a new sergeant in that office,” said Plummer, a Republican, “If I’d known about this it wouldn’t have happened because it shouldn’t have happened.”

Montgomery County Clerk of Courts Greg Brush called for the County Records Commission to review what transpired over the foreclosure sales records.

“Is this a coincidence?” said Brush, a Democrat who sits on the commission. “Is this someone who doesn’t know the retention schedule asking to destroy something, or (is it) something else?”

Contact this reporter at (937) 225-7455 or lhulsey@DaytonDailyNews.com.

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.

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