LEGAL DEFINITIONS FOR TODAY: MISAPPROPRIATION AND/OR MISUSE OF PUBLIC FUNDS

Question?

Can a governing body or government official take money or property given to it by another governing body that is meant for a specific purpose and use it for something else?
 

Ex: Money given to local government by state/county/fed for capital improvements - Can that money be used for something other than capital improvements?

    Related:

Ex: Money given by taxpayers of a local government for the express purpose of paying for recycling bottles/cans/etc - Can that money be used for something other than recycling?

 
These are questions a city council might be concerned with.

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Definitions, etc for guidance on questions related to misuse or misappropriation of funds/property/public funds/public property.

Misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). It is a felony.

Misappropriation of public funds:

Public Funds may not be used for personal purposes. 

Misuse of public funds: 

(a) Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys, who either:

1. Without authority of law, appropriates the same, or any portion thereof, to his or her own use, or to the use of another; or,
2. Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or,
3. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or,
4. Fraudulently alters, falsifies, conceals, destroys, or obliterates any account; or,
5. Willfully refuses or omits to pay over, on demand, any public moneys in his or her hands, upon the presentation of a draft, order, or warrant drawn upon these moneys by competent authority; or,
6. Willfully omits to transfer the same, when transfer is required by law; or,
7. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him or her under any duty imposed by law so to pay over the same
(b) As used in this section, "public moneys" includes the proceeds derived from the sale of bonds or other evidence or indebtedness authorized by the legislative body of any city, county, district, or public agency.

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Key areas that might uncover misappropriation/misuse/fraud revolve around:

•  contracts and the rewarding of contracts
•  monies used by public officials/employees to purchase items
•  the movement of money from one fund to another
•  gifts
•  travel, tips, meals
•  interest earned
•  bonuses
•  pay raises, particularly unauthorized pay raises
•  fringe benefits
•  items marked as "other"
•  hiring
•  ticket-fixing
•  areas where there are a  conflict of interest
•  expenditures of public funds in election campaigns
•  failure to record monies
•  use of public employees for private benefit
•  unauthorized/non-paid use of public property for private/campaign use [ex. billboard    leases]*
•  failures to reimburse**

 

Always be suspicious when public employees/public officials don't answer pertinent questions that they should know the answers to (and it's within their area of expertise and/or job description). If you help pay that public employee's salary, it is unacceptable to not receive an answer, and there should be legal/acceptable consequences to follow. 

Related

Public Money

Special audits and investigations

Jacksonville Audit Reveals $37,293 in Misspent Public Money

Preventing fraud and abuse of public funds: local governments need to do better 

  

 

Does the state of Ohio offer a Local Government Performance Center like Washington State?

Performance/Results Based Contracting

Innovative Budgeting

117.103 Auditor of state's system for reporting fraud

126.08 Director of budget and management - powers and duties.

 Side note:

Leadership:  A leader must shift from “having the answers” to “asking the right questions” as a means to broaden and deepen the problem solving capabilities of their teams.

INFORMATIONAL MEETING ON MAPLE HEIGHTS FISCAL WATCH STATUS

INFORMATIONAL MEETING

JOIN AUDITOR OF STATE DAVE YOST AND STATE REPRESENTATIVE JOHN BARNES TO DISCUSS THE CITY OF MAPLE HEIGHTS FISCAL WATCH STATUS


THURSDAY, JUNE 19, 2014
TIME: 7-9PM
WHERE: SAINT ANDREW'S EASTERN ORTHODOX CHURCH, 16029 MAPLE PARK DRIVE, MAPLE HTS, OH 44137

 

 

FAIR MINIMUM WAGE ACT

Calling for Passage of a Fair Minimum Wage Act in Cleveland

At Brothers Printing in Cleveland this week, U.S. Senator Sherrod Brown called for passage of the Fair Minimum Wage Act, legislation that would raise the federal minimum wage to $10.10 an hour in three steps and provide the first minimum wage increase to tipped employees in more than 20 years. “Northeast Ohio citizens work hard, play by the rules, and should be able to take care of their families. But too many Ohioans are working harder than ever – and barely getting by,” said Sen. Brown. “Working full-time in a minimum wage job in Ohio pays about $16,000 per year – which isn’t much to live on when you’re trying to put food on the table, fill your gas tank, send your children to school, and provide a safe place for them to live. Ensuring a fair wage is good for middle class families and good for our economy.” Sen. Brown was joined by Brothers Printing owners Joe and Jay Kaufman, of Cleveland, and Synergistic Systems owner Carlynn Canny, of Willoughby Hills, who explained their reasons for supporting an increase in the Federal minimum wage and called on their competitors to do the same.     “I strongly support raising the minimum wage as proposed,” said Canny. “As a business owner, the value of my company is the work force. Having a strong minimum wage helps everyone, as workers feel better about the company and about their jobs and spend more and contribute to a robust economy. Every person who works hard should earn at least a living wage. In the end, it also costs all of us less, and it is the right thing to do.”   Also joining Sen. Brown was Chris Barksdale, a former social worker, who told his story and recalled the stories of countless others who struggled to survive and support their families on the minimum wage.   “Conscientious people know it is impossible to live on less than $10 an hour in today’s society,” Barksdale said.   Sen. Brown is the cosponsor of the Fair Minimum Wage Act of 2013, legislation that would raise the federal minimum wage. The bill would: Raise the minimum wage to $10.10 an hour from its current $7.25—in three steps of 95 cents—then provide for automatic annual increases linked to changes in the cost of living; Gradually raise the minimum wage for tipped workers—which currently stands at just $2.13 an hour—for the first time in more than 20 years, to 70 percent of the regular minimum wage; and Give more than 30 million American workers a raise under Brown’s bill. Workers who are paid a minimum wage in Ohio earn only $16,000 per year, which is more than $3,000 below the poverty level for a family of three. The Fair Minimum Wage Act would boost the minimum wage to $21,000, lifting families above the poverty line. According to the National Employment Law Project, the minimum wage has lost more than 30 percent over the last forty years. If the minimum wage had kept up with inflation, it would be worth approximately $10.55 per hour today. Increasing the minimum wage would boost GDP by nearly $33 billion and generate 140,000 new jobs over the course of three years as workers spend their raises in their local businesses and communities.

SHERROD BROWN HELPING OHIO WORKERS

Newsletter from Sherrod Brown

At the President’s State of the Union address, I was joined by Cookie Hall, a second-generation Cleveland steelworker who knows from experience that American workers are the most productive in the world. Cookie works at Cleveland Works, a steel plant owned by ArcelorMittal North America. Workers at this plant produce one ton of steel per each man hour of work – making it the most efficient steel plant in the world. There is no disputing that our workers are the most productive in the world, but there are steps we must take to make them the most innovative.

 

In his speech, President Obama echoed my call for the creation of a National Network of Manufacturing Innovation (NNMI). Using Youngstown’s first-of-its-kind manufacturing innovation institute as a model, the President announced the launch of three more manufacturing hubs and called on Congress to help him create a network of 15 additional centers. Every region and every state has a role to play in helping maintain our innovative edge and these new hubs will help.

I’ve been working with small businesses, industry leaders, universities, and research institutions on legislation to create these important NNMI institutes. This network will retain U.S. leadership in a range of next-generation technologies, capitalize on our investment in basic research, and create thousands of high pay, high tech manufacturing jobs. By leveraging existing infrastructure and pockets of innovation across the country, NNMI provides small businesses with access to the tools and expertise needed to compete in the global economy. This will create regional magnets for cutting-edge research, talented students, and additional investments.

And we’ve already started to bring people and organizations together to spur 21st century innovation. Last year, we were able to bring the first-of-its-kind National Additive Manufacturing Innovation Institute (NAMII) to the Mahoning Valley – to the “Tech Belt” that extends from Cleveland to Pittsburgh. NAMII is a $70 million public-private partnership that can make Youngstown a world leader in new manufacturing technology – like 3-D printing. As the President mentioned in his address, “A once shuttered warehouse [in Youngstown] is now a state of the art lab where new workers are mastering the 3-D printing that has the potential to revolutionize the way we make almost everything.”

Collaboration is critical for our success – and an NNMI would provide small businesses and research institutions access to the tools and expertise needed to compete in the global economy. And it can also spur the creation of regional hubs of advanced manufacturing throughout the U.S.

American workers have the drive, the creative thinking, and the determination to out-innovate the rest of the world. We just need to make certain that they have the opportunity to do so.

Sincerely,



THE NEED FOR AN INDEPENDENT CIVILIAN REVIEW BOARD IN MAPLE HEIGHTS

My experience with Maple Heights government in trying to get public information, as well as public records, is not good. [see Aug 20th post] + [see Req. page]. 

UPDATE 2/6:

This is in response to a comment made on 2/3/2013

[I want you to look at the request pages and tell me if you think that Maple Heights public employees are cooperating.   They know I actually look at where the money goes, and to whom it goes; and I actually research and compare data, and ask questions that council won't ask, or won't research, or  make comparisons with  other cities (wages, cost of benefits,  staffing, expenditures, construction projects, sources of funding, race and discrimination).  And I don't believe everything that people tell me, because there are  public employees (especially politicians, and political appointees) in this world who lie, may alter documents, or violate federal, state and local laws and requirements, etc.; and I don't trust any politician or other public employee who refuses to be accountable. [This comment I won't retract]

If you receive a document/record from a Maple Heights public employee or the city of Maple Heights, it should be (in my opinion) signed by a Maple Heights public employee, or  have a city of Maple Heights official stamp or seal, or  city of Maple Hts official label (that can't be easily removed), or be on city of Maple Heights stationery.  Otherwise (in my opinion) the document/record means next to nothing, because you can't hold anyone accountable for its accuracy, or even that the document/record is authentic regardless if it came in a city of Maple Heights envelope.


There also are public employees (esp. in leadership roles) who will try to make you think everything is fine and dandy.  Maple Heights leadership it appears, won't reveal that there are far too many vacant homes in Maple Heights, or that there were over 550 home foreclosure filings in Maple Heights in 2012.  It appears they won't talk about the number of people still losing their homes or about to lose their homes, or while some (too many for me) of Maple Heights employees (when you add in benefits) make over $100,000 a year, there are many Maple Heights residents who are just trying to get by, or have lost their jobs.


Mr. Montello, the law director, said he couldn't find any affirmative action agreements entered into by the city of Maple Heights (even though I gave him a hint), but I found them and one of the chief negotiators for those agreements.  According to a Plain Dealer article, Mr. Montello can charge $95 an hour for research.  So I want to know how many hours he spent looking for those agreements, and how much did he bill us (his employers).  I believe it is a  public record.  (Received 2/10/2013 in my mail slot, letter dated 2/4/2013) Mr. Melling claims otherwise.  See his response on the request page.


Mr. Blair Melling, Maple Heights assistant law director, etc. says I can't ask for W-2s, however, I called the Ohio Attorney General's office and they referenced Appendix C:

Appendix C 1992-005: A copy of a federal tax form W-2 prepared and maintained by a township as an employer is subject to inspection as a public record. [Ohio Attorney General Opinions Interpreting Ohio's Public Records Act]

&

Today I came across another reference:
2007, State of Ohio, Office of the Attorney General - OPINION NO. 2007-026, see page 4



FOR ME, W2's ARE A RELIABLE WAY TO VERIFY THE WAGES OF A PUBLIC EMPLOYEE. ANYTHING WRITTEN ON A PLAIN PIECE OF PAPER IS ALWAYS SUSPECT.

Update 2/10/2013 - letter placed in my mail slot on Sunday, 2/10/2013, dated February 4, 2013:
Mr. Melling has since responded see letter in request section at the very bottom of that page.   & then read my response

I also understand that a great many people are frightened to speak up or ask questions, or dig deeper, because there are some public employees who will retaliate, or try to intimidate, or make you feel like you're a nobody (even though you are their employer). 


Do ask for  tapes of last year and 2011 council meetings. You'll hear how some public employees talk to the people who pay their salaries.  It's been alleged that the mayor once called the employer of a Maple Heights taxpayer (his employer) to complain that she was asking too many questions (I think the words used "harassing" public employees.)  The taxpayer wanted a public meeting to discuss the city's finances.  These public employees in my opinion, don't like for you to complain, or request,  or ask certain questions.  Speak up anyway, but better still, create an independent civilian review board. ]  


VERY IMPORTANT:




PLEASE  call the CALL AND POST, AND the NAACP (we'll let them know THAT I TOLD YOU TO CALL THEM) IF YOU FEEL HARASSED, INTIMIDATED, OR THREATENED IN ANY WAY BY ANY PUBLIC EMPLOYEE (ESP. A POLITICIAN IN A POSITION OF POWER)


PLEASE READ MY UPDATE dated 2/21/2013      HERE





There should be a real and sincere effort made by Maple Heights public employees (or any public employee) to view the people who pay their salaries, as their employers (which indeed they are), and to really understand what it means to be accountable, to then be accountable, and to wholeheartedly embrace an "open government".

 
Do you know any employer who would keep an employee who could not, or would not give the employer what he/she asked for (which they should have the answers to, or know where to obtain those answers); or could not or would not answer questions about or related to his job?

Do you know any employer who would keep an employee who is not respectful, or accountable for  his/her actions, activities, monies they were responsible for, or had numerous complaints, or did not understand what their role in the organization was,  or didn't have the right skill set,  or knowledge and experience  necessary to perform their job, or their job performance was less than adequate?

 

 

Unfortunately, (in my opinion) some of Maple Heights public employees (esp. some of those in leadership roles), don't grasp that they are indeed employees, are accountable, must answer questions (relative to their job) from their employers, and must act as if they were an employee of a private company. 

So, due to this lack of transparency,  and what I stated at the beginning of this post, and a lack of some public employees being accountable to the people who pay their salaries (again, my opinion), I recommend that an  Independent Civilian Review Board or Independent Board of Accountability be created.  I say independent because why would you let people who feel that they are not accountable, or refuse to answer questions, (or oversee   public employees who they've allowed to not answer questions),  choose members of the board.  That's insane. 

Therefore, how would one go about choosing members of the board?  My suggestion is by vote.  Each district would vote for two  people to serve on the board for two years.  Don't  allow any politician to corrupt the process by trying to put their people in the mix.


If a resident (employer)  had a problem with a public employee, or were having problems obtaining public information, or  had some other complaint, or needed other various kinds of assistance, they could go to the board.  If the board felt that a public employee was not being honest, was seriously violating the public trust, was not being accountable,  and  especially was unwilling to work with the board to resolve issues, they would publicly censure the employee, or request the resignation of  the employee (after a certain # of complaints, etc.)  or  seek  their recall (if the public employee was a politician).

One more thing .. All public employees (that includes politicians) should be required to attend a "sensitivity training" class.

E.S


 [To be further edited]

RELATED:

I changed the name of a post regarding Blair Melling because I received a letter stating Mr. Melling was not an employee.  When I looked at the February 4th letter again, and checked the 1/29/2013 email I sent to Ms. Unger, I noticed I wrote incorrectly "Brian Melling", which prompted the author  of the February 4, 2013 letter to state that they had no employee named Brian Melling: however, on 12/18/2012 I did make a similar request, and in that email, I spelled the name correctly. 
 

REQUESTS FOR MAPLE HEIGHTS GOVERNMENT PUBLIC RECORDS, AND PUBLIC INFORMATION


URBAN AFFAIRS AND PLANNING