The computer investigation involving Fowler is one in a series of personnel and ethics issues that have plagued the township, home to about 30,000 residents and the Dayton Mall and Austin Landing. For the past year, the newspaper has been digging into the departures of several high-profile township administrators.
Fowler’s computer use was monitored in February and March 2012 by township officials and the Buckeye Business Solution consultants, according to computer logs obtained by the Dayton Daily News through a public records request. Fowler retired effective March 31 after about 12 ½ years with the township. During his time with the township, Fowler’s annual salary increased from $50,000 to $85,404.80, according to township records and a final accounting by Fowler’s replacement, Harry Steger.
There was no mention of the internal investigation in Fowler’s township personnel files. Fowler did not respond to multiple requests for comment.
Fowler’s personnel file indicated he qualified for a state pension and stopped contributions to a $13,500 deferred compensation account.
In 2008, the trustees also approved a $2,500 bonus for 250 hours he worked “in addition to his normal work schedule” helping the township achieve an A1 bond rating, saving the township money on bond debt.
Fowler also worked part-time in 2009 cleaning township offices for an outside contractor, according to the files.
Also included in his file were multiple favorable evaluations and comments upon his retirement.
Dale Fahrney, fire marshal for the Miami Valley Fire District, referred to Fowler as “ a man with more integrity than so many others” in a farewell email. “You have made an impact on the Township and The Fire District that will not soon be forgotten,” Fahrney said in an email included in the personnel file at Fowler’s direction.
“You have always performed in an outstanding manner,” former fire chief Glenn Alexander said in another farewell message.
Fowler’s computer investigation is cited in a wrongful termination lawsuit filed this month in Montgomery County Common Pleas Court against the Board of Trustees collectively and Trustee Mike Nolan individually by Lisa deGuzman, the township’s former director of human resources and information technologies. deGuzman’s lawsuit, which seeks more than $300,000 in damages plus attorney fees and court costs, includes, “a previous Township Chief Financial Officer having pornography on his work computer,” as one of several issues in the township that she reported and allegedly was told to “keep quiet.”
Last week, in an interview with the Dayton Daily News and WHIO-TV, deGuzman said the Fowler investigation began in 2012 after she was asked by then Police Chief John “Chris” Krug to review computer usage of a police officer. After noting Fowler’s usage, deGuzman said she reported it to Greg Rogers, assistant township administrator and her supervisor. She said she waited for disciplinary action against Fowler but it never came.
Rogers declined to comment specifically on the internal investigation citing medical privacy laws, last week.
“Unfortunately, I can’t go into any details regarding repercussions from Joe Fowler’s computer usage, in light of HIPAA and medical privacy laws. I can confirm, however, that he no longer works for the township,” Rogers said in an email. Thomas Allen, the township’s lawyer on the public records request said he withheld “a couple of one-page records but both are exempt under the medical records exemption and HIPAA.”
Trustees Deborah Preston and Charlie Lewis said Mike Nolan, president of the trustees, knew about the internal investigation, but they were unaware of the investigation until it was mentioned earlier this year at a trustees’ meeting.
“Actually, it was after Mr. Fowler retired,” Lewis said. “It wasn’t filtered down to the other trustees.”
Preston, who did not run for re-election, said she learned of the investigation from Doug Trout, the Montgomery County prosecutor who represented the township until earlier this year.
During a phone interview, Preston said another trustee and administrators kept the investigation to themselves. “We don’t even know all the details of it,” she said.
Nolan, who was defeated in the November election, dismissed deGuzman’s lawsuit as “frivolous,” and declined to comment specifically on Fowler’s computer use. He did say that Fowler wasn’t the only one using his work computer improperly. The township, he said, found widespread violation of the computer use policies by staff.
“We looked at every computer. Not just his,” Nolan said. “There were a bunch of sites all our employees were going to.” It is unclear what type of prohibited websites were being trafficked by other township employees.
There was no formal discipline, Nolan said, except to reemphasize to staff the township policy. “Everyone was put on notice,” Nolan said.
According to township records, the information technology policy has not been revised since June 2009 but prohibits staff from accessing “sexually-oriented material” using township computers.
DeGuzman said broader computer misuse by the staff actually occurred in 2010-2011. The problems were addressed through training by the entire staff.
Rogers said he has reinforced the township’s information technology policy with employees.
But deGuzman said the township’s handling of the Fowler investigation is one in a series of examples of mismanagement which she questioned and contributed to her wrongful termination.
“When the people you report to are the ones you question, what do you do?” she asked.
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