Linn auditor, supervisors clash over investigation

CEDAR RAPIDS - Linn County Auditor Joel Miller and the Board of Supervisors are at odds over his refusal to turn over a county-owned laptop computer - a refusal supervisors say compromised an investigation into possible fraud that he says was timed for political effect.

During an at-times-contentious work session Monday, Miller told supervisors the contractor whose work is being questioned asked him not to give the computer to Finance Director Steve Tucker.

Later Monday, Miller said he'll provide the computer to Tucker if he's allowed to copy its hard drive.

“We're not going to allow conditions to be set on information that's needed,” Tucker said.

Miller said he had releases from Kelly Services and the employee he hired through the company to work as a software project manager in the Auditor's Office. He said he'll post Tucker's memo, his reply, his contract with Kelly, and other details on his blog.

“In essence, he's totally compromised the investigation,” said Supervisor Linda Langston, D-Cedar Rapids. “That was his big concern last week, that this needed to be confidential. It's almost impossible now to do the investigation.”

The supervisors told Miller he doesn't have authority to hold back the information. They voted to draft a letter formally ordering him to comply with Tucker's request.

“It's not their records, it's not their equipment,” said Supervisor Brent Oleson, R-Marion.

“Somebody's made an allegation that they've taken advantage of the taxpayers,” he said “I'd want to get to the bottom of it.”

“They don't have a right to say, ‘Auditor Miller, we don't like this policy so don't follow it,' ” said Supervisor Ben Rogers, D-Cedar Rapids.

Tucker, who as the county's compliance officer investigates reports of fraud or financial mismanagement, told supervisors he needs access to the computer to determine whether the concerns raised by two county workers are valid.

“I have no conclusion on this,” Tucker said. “I'm in the middle of it.”

Tucker said he sent Miller a memo April 30 seeking the laptop by Friday. He said he needed the computer to check time records and invoices for work done by the contractor.

Miller raised more than one objection to Tucker's request. He said Tucker's memo was sent in an unsealed interoffice envelope, compromising the investigation's confidentiality, and he said the computer was stored in an unsecured area in the Auditor's Office until he received the memo.

Miller also questioned whether the county's policy applies to elected officials and whether the allegations were timed for the June 5 Democratic primary, in which he's challenged by former Supervisor Jim Houser and Brian Gradoville, an employee in the county Treasurer's Office.

Supervisors said Miller's refusal to cooperate is what put the internal investigation in the public eye and on Monday's agenda.

“If that (computer) had been turned in this meeting would never have happened and no one would have known about it,” said Langston. “Now it's become a public conflagration.”

The disagreement over the computer isn't the first time Miller and the supervisors have locked horns.

Miller filed a suit against the supervisors in February 2010 over their failure to authorize a deputy auditor's promotion to review independent accounts maintained by county department heads.

The supervisors filed a countersuit, and both have been combined into a single case to be heard May 29.