Cape County auditor pressed to resign, refuses

Cape Girardeau County officials have asked for the resignation of county auditor David Ludwig. But Ludwig, 61, doesn't want to resign.

Al Lowes, of the Cape Girardeau law firm Lowes & Drusch, speaking on behalf of Ludwig, confirmed that the county auditor had been asked to resign for violating the county's computer-use policy.

"That's a peanut thing. There isn't nobody who never violated something somehow," Lowes said.

The request for his resignation comes at a sensitive time for Ludwig, now recuperating from his fourth surgery since Dec. 27. He was off work for nearly six weeks after complications developed. His fourth surgery took place earlier this week.

Ludwig left the county administration building April 17 after attending a closed-door meeting with county commissioners Gerald Jones, Larry Bock and Jay Purcell and the county's prosecuting attorney, Morley Swingle.

"I'm out sick," Ludwig said in a phone interview Friday. He declined to discuss the commissioners' request for his resignation, referring questions to Swingle.

Presiding Commissioner Jones would not comment regarding the closed meeting. He said Ludwig's medical absence "certainly hamstrings us somewhat. But his staff is doing a marvelous job of providing financial information we need and keeping all the financial reports we need, but that was their responsibility anyway."

Lowes said Ludwig was accused of downloading "a picture of some girl in a bathing suit, Pamela Anderson." Lowes said he was not familiar with the county's regulations for computer use.

It's not the first time; according to several sources, Ludwig signed a letter last year acknowledging computer violations and promising not to do it again.

Why county officials confronted Ludwig in a closed session earlier this month is unclear.

After the April 17 closed meeting ended, Swingle said the topics discussed included an "employee discipline matter," real estate and litigation.

But under the state's Sunshine Law, elected officials such as Ludwig are not considered employees, though they receive government pay. The Sunshine Law requires discussions about elected officials, independent contractors and members of volunteer citizen boards to be conducted in open meetings.

The Southeast Missourian sent a formal Sunshine Law request to Ludwig, Swingle, the county commissioners, information technology director Eric McGowen, County Clerk Kara Clark and County Treasurer Roger Hudson on Friday afternoon. The newspaper requested the county's computer-use policy, including the name of the author and the date it was approved by the county commission; computer-use policy violations documented since the policy went into effect; history of Web sites visited using the auditor's computer; and any county communications regarding the matter.

Swingle, in a reply faxed at 4:57 p.m. Friday, wrote it was his opinion "that matters are not public at this point because they involve pending litigation and the potential disciplining of employees."

He ended the letter with the statement that he had advised county officials not to release information requested by the Southeast Missourian.

pmcnichol@semissourian.com

335-6611, extension 127

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