Former county employee files suit . . .
Westfield-based attorney Tim Stoesz has issued a letter to Prosecutor Lee Buckingham, requesting a Special Prosecutor be assigned to an investigation of alleged misconduct by the Hamilton County Treasurer’s Office.
The Treasurer’s Office was the focus of a recent Indiana State Police investigation after a former employee alleged penalties were waived for late tax payments.
Buckingham
Stoesz
In December, Hamilton County Commissioners asked the State Police to conduct an investigation regarding alleged actions of the Treasurer’s Office.
Commissioner Mark Heirbrandt said, “While the county does not believe there is a factual basis for these charges, we feel it is our duty to ask an impartial party to investigate the claims. That’s why we have asked the Indiana State Police instead of the Hamilton County Sheriff’s Office for help. We owe it to the taxpayers to investigate the claims and to assure them that their tax dollars are being managed properly.”
Stoesz feels the “impartial party” should also include the Prosecutor.
Stoesz, in his letter to Buckingham, stated, “It’s a well-known secret that the Indiana State Police has provided you with an investigation report of the Hamilton County Treasurer’s Office several weeks ago. During the past several weeks I have received information that you have failed to appoint a Special Prosecutor to review the investigation report and make determination if criminal charges are warranted.”
Heirbrandt recently confirmed the State Police investigation had been turned over to the Prosecutor’s office, but did not know the outcome.
“I believe there is an inherent conflict of interest when one Hamilton County elected official investigates another elected official,” said Stoesz. “In order to avoid an appearance of impropriety, Buckingham should immediately appoint a Special Prosecutor.”
In his letter, Stoesz concluded, “For the sake of good government and legal ethics, I strongly encourage you to seek a Special Prosecutor to review the Indiana State Police investigation report of the Hamilton County Treasurer’s Office and make determination if criminal charges are warranted.”
Stoesz told the Reporter, “I stand by my letter to Prosecutor Buckingham. I’m not going to stop until I’ve exhausted all of my remedies.”
The Reporter’s attempt to reach Prosecutor Buckingham for comment prior to press time was unsuccessful.
Stoesz represents a former Treasurer’s Office employee, Susan Diane Byer, in a lawsuit that alleges Byer was unjustly terminated from her job.
Court documents in the Byer civil case allege Deputy Treasurer Kim Goode may have gone through the desk of a recently terminated employee and shredded documents. Because of that, Byer, through Stoesz, filed a request asking the court to restrain the Treasurer’s Office from shredding or destroying further documents related to Byer’s complaint.
In addition, a county employee the Reporter has chosen not to name stated explicitly they had seen Susan Byer’s name on shredded documents prior to Byer’s termination.
The Byer case, filed in November of last year, has not yet been set for trial.