The latest action is the next step after Yost, last month, requested Matthews be suspended from office pending the conclusion of the case.
He also asked the court to temporarily block Matthews from from entering or managing the township fiscal office until a hearing is held, permanently remove him from the role, recover any public funds involved, make Matthews pay legal costs related to the case, and grant any other fair and appropriate relief the court finds necessary
Filed in Montgomery County Common Pleas Court late last month, that complaint stated Matthews knowingly broke laws related to his position.
The complaint stemmed from allegations Matthews withdrew $9.7 million in township funds without permission to try to buy gold coins.
The funds were transferred from the township’s STAR Ohio account to the township’s bank account.
The complaint stated the funds were not excess funds and were previously appropriated.
Matthews then allegedly requested two separate wires of $4,850,000 be sent to coin dealers to purchase gold coins. A bank employee contacted the township to confirm if the transfers were legitimate.
Miami Twp. Finance Director Clay McCord responded the transfers were not authorized and should not be sent, according to the complaint.
According to the Ohio Attorney General’s Office, under state law township fiscal officers are limited to clerical duties, including keeping accurate records of meetings, accounts and financial transactions.
Fiscal officers cannot distribute township funds unless they’re authorized by at least two trustees and countersigned by the fiscal officer.
The earlier complaint stated Matthews’ attempt to purchase gold coins and incur just over $382,000 in transaction fees and more than $32,000 a year in storage fees violated Ohio law as well as the township’s investment policy.
After last Thursday’s filing by the Attorney General’s Office, Matthews has until next Monday to respond.
Once that occurs, the court will review filings from both sides and make a decision, unless it decides to hold a hearing.
Matthews was elected fiscal officer in November 2023 and took office in April 2024. He is one of three people running for township trustee.
He told this news outlet Monday that he didn’t see any need to file a response to the Attorney General’s Office, as he hasn’t been in the township’s offices due to trustees banning him from office via a resolution this spring.
“It’s up to the court to make a final decision,” he told this news outlet Monday. “I’ve been out of the office since April except for attending the (Miami Twp. Board of Trustees) meetings, so I don’t really see much difference. I mean, I just won’t be signing the minutes. That’s what it boils down to.”
Reached for comment Monday, Trustee President Terry Posey Jr. said “I appreciate the urgency the attorney general’s office is giving this important matter given the facts that are not in dispute, and hope that resolution comes just as quickly.”
Trustee Vice President Doug Barry said he agreed with Posey’s sentiments. Trustee Don Culp declined to comment.
If the court does suspend Matthews from his role as fiscal officer, the law requires the board of trustees to appoint a deputy fiscal officer to take over his duties. That deputy would serve until Matthews returns or a new fiscal officer is chosen.
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