SPECIAL PROSECUTOR FINDS NO WORNGDOING IN MARBLE HILL

MARBLE HILL - A special prosecutor appointed in June by Bollinger County Associate Circuit Judge Bill Hopkins to investigate allegations of wrongdoing by officials in the city of Marble Hill, has concluded his probe without filing criminal charges.

The request was made by several citizens in Marble Hill after State Auditor Margaret Kelly released an audit report in the spring which was critical of some operations of city government.

The audit was conducted after enough citizens signed a petition requesting the review by the state auditor, as provided for in state statutes. Just over 100 signatures from registered voters were needed to order the audit.

Bob Gowen, an assistant prosecutor in Scott County, was named by Hopkins to conduct the investigation.

Gowen explained that several citizens had provided some information about possible wrongdoing. "The investigation was completed and no charges were filed," said the attorney Friday.

"An investigation was conducted by the Missouri Highway Patrol, and based upon that investigation, no criminal charges were filed, nor do I expect any to be forthcoming based on the information supplied to me."

Gowen said he could not discuss the specific allegations that were raised, since nothing was found to merit criminal charges.

"We could not find anything of a criminal nature to file charges on," said Gowen. "That does not mean there were no irregularities, but there was nothing that could be charged under the state's criminal statutes."

Gowen said the investigation was completed in August.

The state auditor's report outlined 13 specific findings, covering a wide range of areas, followed by recommendations. City officials concurred with many of the recommendations, or they indicated the recommendation would be taken under advisement and discussed by the board of aldermen.

City officials were criticized in the audit for deciding to build a city office complex adjacent to a new swimming pool, using funds left from the Larma Wisely Trust to build a pool and make park improvements. The auditor contended the city offices could not be constructed with the trust funds and that the size of the pool was scaled down to free up money to pay for the city offices.

The park board and board of aldermen are seeking a circuit court declaratory judgment on whether the city offices can be built with the funds. Kelly suggested the clarification from the court in her audit.

The auditor also criticized the city for removing an existing maintenance shed from the site where the office complex is to be built, that was valued at $25,000. The city received only $2,780 for the shed, which the auditor said was an unnecessary loss if the city offices cannot be built with the funds.

One of the other findings in the audit report suggested that bid procedures are not documented and that the city purchased many items from two companies which Alderman F.X. Peters had an interest in, without taking bids. The action violated state law and city codes. Peters passed away in February, but city officials indicated they were working to comply with the bid procedures suggested by the audit.

Some of the other findings and recommendations related to better accounting procedures; separating the duties of the city clerk and treasurer; keeping better daily logs documenting use of city vehicles; user fees need to be increased to keep water and sewer funds from operating at a loss; formal contracts are needed with the city's depository banks; and formal annual plans for street improvements.