Scott City refuses to release audit amid 'investigation' of credit-card abuse

Scott City officials refuse to disclose the results of a forensic audit into allegations of credit-card abuse by then-city employees in what the state auditor's office and Missouri Press Association counsel conclude would appear to violate the state's Open Records Law.

Former and current city officials said the audit report is now in the hands of Scott County Prosecuting Attorney Paul Boyd as to whether to file criminal charges.

City officials said they won't reveal the audit results because the issue is still under investigation.

But former mayor Ron Cummins said taxpayers have a right to know the results of the audit. He wants city officials to publicly disclose the audit findings.

"I want answers," said Cummins, who as mayor was involved in hiring the forensic auditing firm of Daniel Jones and Associates of Arnold, Missouri, to investigate credit-card use.

Mayor Norman Brant said earlier this month the council reviewed the audit report behind closed doors.

City officials are waiting for Boyd to decide whether to file charges before deciding whether to make any of the audit findings public, Brant said earlier this month.

On Wednesday, he said the council would not disclose any findings from the audit without the approval of its attorneys.

Voice and email messages left for Boyd were not returned as of Wednesday afternoon.

The Southeast Missourian on Sept. 14 submitted a request under the state's Open Records Law for a copy of the audit.

On Sept. 17, city clerk Michael Dudek responded by email "we have been advised by our attorneys that this matter is still under investigation and we are not to disclose any information regarding the matter."

Brant echoed that statement Wednesday.

But Jean Maneke, an attorney for the Missouri Press Association who is an expert on the Open Records Law, said Wednesday any audit in possession of the city council is a public record. "It is not a record retained by law enforcement in the city council office," she said in an email.

Steph Deidrick, a spokeswoman for Missouri State Auditor Nicole Galloway, pointed to a section of the law dealing with audits. It states "all final audit reports" are considered open records.

The Missouri Attorney General's Office (AGO) declined to comment about the matter because the agency had not received a specific complaint. "We encourage anyone who feels that a violation of the Missouri Sunshine Law has occurred to submit a complaint via our online form," AGO spokeswoman Mary Compton said in an email.

Cummins said the prosecutor received the audit report two months ago, but has yet to act.

"The city has spent over $10,000 (on the audit) and people want answers," Cummins said.

Brant, who became mayor after Cummins resigned in August 2017, said city officials have implemented "safeguards" designed to prevent credit-card abuse going forward.

As to the allegations of improper credit-card use, Brant said, "I don't think there was any intent to hurt the city."

In April 2017, Cummins, while mayor, outlined a plan to fix the city's credit-card protocols and curb improper use of city funds. "We need better control of our credit cards, less credit cards and oversight of it," he said at the time.

Cummins estimated the city had as many as 14 credit cards at once, each with a $50,000 limit, and that most, if not all, city employees had access to a city credit card.

An investigation by city officials last year found inappropriate use of a city credit card by a city employee. Then-city clerk Cindy Uhrhan subsequently was fired by the council.

Amid the internal investigation, then-city administrator Ron Eskew resigned and Scott City police officer Casey Dodd left city employment.

Cummins resigned in August 2017 amid a call by state Rep. Holly Rehder for an investigation into allegations he abused his position as mayor.

Several lawsuits are pending in connection with the upheaval in Scott City government.

mbliss@semissourian.com

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