{"id":1079,"date":"2007-01-09T17:00:00","date_gmt":"2007-01-09T23:00:00","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/2007\/01\/county-treasurer-accused-of-several-improprieties\/"},"modified":"2007-01-09T17:00:00","modified_gmt":"2007-01-09T23:00:00","slug":"county-treasurer-accused-of-several-improprieties","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2007\/01\/county-treasurer-accused-of-several-improprieties\/","title":{"rendered":"County treasurer accused of several improprieties"},"content":{"rendered":"

\"\"<\/a>Do\u00f1a Ana County Treasurer Jim Schoonover stands accused of violating numerous state statutes and county ordinances following months of investigation by the county\u2019s internal auditor, audit advisory committee and an independent law firm. <\/p>\n

<\/o:p><\/p>\n

Because of that, the county\u2019s internal audit committee will ask the commission to take action against Schoonover that could include referring matters to prosecutors, censuring the treasurer or seeking restitution. The commission heard about the issues at today\u2019s meeting, but Schoonover didn\u2019t show up to defend himself, so commissioners, on a vote of 5-0, put off any decision until a meeting later this month to give him one more chance to respond.<\/p>\n

<\/o:p><\/p>\n

The commission also delayed hearing the committee\u2019s recommendation until that meeting, so the wishes of the audit committee are not known publicly. A date for the meeting has not been set.<\/p>\n

<\/o:p><\/p>\n

Internal Auditor Jill Johnson leveled a host of allegations at Schoonover ranging from violations of state statutes to unprofessional behavior, and generally painted a picture of a treasurer who either lacks much of the knowledge and professionalism he needs to run the office or is intentionally circumventing the system. The allegations deal with Schoonover\u2019s purchase last year, using county money, of pencils similar to his campaign materials; his use of county resources to benefit the local Elks Lodge; implementation of the county\u2019s investment policy; and other issues.<\/p>\n

<\/o:p><\/p>\n

You can read Johnson\u2019s entire report by clicking here<\/a>.<\/p>\n

<\/o:p><\/p>\n

Though the report wasn\u2019t shared with commissioners, the treasurer or the public before today\u2019s meeting, Schoonover and Deputy Treasurer Jerry Wheeler were asked to attend today\u2019s meeting to respond, County Manager Brian Haines said. Schoonover did not attend. Wheeler, who did attend, said Schoonover was \u201cdown south\u201d and not reachable by cell phone. He was not authorized to speak for Schoonover.<\/p>\n

<\/o:p><\/p>\n

Schoonover has not returned a message I left on his cell phone\u2019s voice mail.<\/p>\n

<\/o:p><\/p>\n

Improper use of public money<\/span><\/p>\n

<\/o:p><\/p>\n

The most serious allegations from the firm that investigated Schoonover \u2013 Mounce, Green, Myers, Safi<\/st1:place><\/st1:city>, Paxson and Galatzan of El Paso \u2013 are that the treasurer used county employees, equipment and facilities to conduct business for the local Elks Lodge, of which Schoonover and Wheeler are both members.<\/p>\n

<\/o:p><\/p>\n

The firm found that Schoonover held meetings to discuss Elks Lodge business with members of the lodge in his government office and that he had employees take minutes of meetings for the Elks Lodge at least twice. The firm found \u201ca number of documents\u201d related to Elks Lodge business on treasurer\u2019s office computers, and interviewed with two former employees who acknowledged being directed by Schoonover to type Elks Lodge documents using county computers.<\/p>\n

<\/o:p><\/p>\n

\u201cThere is no arguable public benefit to providing such assistance (to the Elks Lodge),\u201d Johnson said in her report to the commission.<\/p>\n

<\/o:p><\/p>\n

She added that the firm views \u201cthe use of county resources and personnel for Elks Lodge purposes to be in violation of law,\u201d including the state\u2019s anti-donation clause. Because of the repeated nature of the violations, the attorneys found that this is a very serious matter, Johnson said.<\/p>\n

<\/o:p><\/p>\n

The firm also investigated the purchase of about 2,300 pencils last year with $700 in public money that were similar to Schoonover\u2019s campaign materials. County Attorney John Caldwell accused Schoonover in April of committing a felony by using county money to campaign, and Schoonover later reimbursed the county for the pencil purchases.<\/p>\n

<\/o:p><\/p>\n

Though it found several criminal statutes that might apply to the purchases, the firm found that each requires specific intent, \u201cmeaning that it must be shown that Mr. Schoonover knew he was committing the crime or doing something legally wrong at the time of the conduct in question,\u201d according to Johnson. Though the firm\u2019s attorneys believe circumstances \u201ctend to show that Mr. Schoonover may have acted improperly,\u201d it\u2019s not clear whether it could be proven that Schoonover knew he was doing something improper, Johnson said.<\/p>\n

<\/o:p><\/p>\n

Because of that, the firm advised the county that the violations stemming from the Elks Lodge issues are much more serious than the pencil incident.<\/p>\n

<\/o:p><\/p>\n

Other alleged improprieties<\/span><\/p>\n

<\/o:p><\/p>\n

Johnson also accused Schoonover at today\u2019s meeting of other violations based on her own investigation and the work of the audit committee. She said the treasurer has been uncooperative with the investigation to the point of withholding documents and directing employees to withhold information, though state law requires that all aspects of the treasurer\u2019s office be \u201cready for inspection by the Board of County Commissioners at all times.\u201d Johnson said she has been charged by the audit committee with the investigation, and it is charged by the commission, so she is an agent of the commission.<\/p>\n

<\/o:p><\/p>\n

Schoonover has taken a similar standoffish attitude with county management and the finance department, Johnson said.<\/p>\n

<\/o:p><\/p>\n

In addition, Johnson said, Schoonover has not complied with a state law that requires that county money available for deposit be divided equitably among local banks. He has instead used a competitive bidding process, and has also refused to implement the commission\u2019s policy on the amount of collateral required in a bank the county invests with.<\/p>\n

<\/o:p><\/p>\n

Johnson also said Schoonover has repeatedly violated the county\u2019s ethics policy that prohibits discourteous and uncooperative behavior.<\/p>\n

<\/o:p><\/p>\n

In addition, Johnson said Schoonover has directed his staff to make corrections to county financial records in such a way that doesn\u2019t leave an audit trial, and that he has failed to provide information that would have allowed bills from the county\u2019s investment advisor to be paid in a timely manner. <\/p>\n

<\/o:p><\/p>\n

Those were issues of great concern to Haines, but he told the commission he has seen some effort from Schoonover in recent months.<\/p>\n

<\/o:p><\/p>\n

Schoonover cut himself off from most communication with the commission, county management and staff after Caldwell<\/st1:place><\/st1:city> made the accusations against him last year. Haines said, however, that Schoonover met frequently with him toward the end of 2006 in an attempt to improve communication. Haines said he his hopeful that will continue in 2007.<\/p>\n

<\/o:p><\/p>\n

And though the report cites instances of Schoonover\u2019s inability or refusal to comply with aspects of the county\u2019s new investment policy, Haines said Schoonover has made \u201csubstantial movement toward compliance\u201d in other areas. Commissioner Bill McCamley, a member of the investment committee, agreed.<\/p>\n

<\/o:p><\/p>\n

Because of concerns about Schoonover\u2019s management and how he was investing money, the commission created the investment committee in July and passed a new investment policy as it took a more active role in care of the county\u2019s money.<\/p>\n

<\/o:p><\/p>\n

Haines said he wasn\u2019t trying to discount the report.<\/p>\n

<\/o:p><\/p>\n

\u201cThese issues are serious,\u201d he said. \u201cI commend the members of the audit committee for their apolitical approach to this.\u201d<\/p>\n

<\/o:p><\/p>\n

One more chance to respond<\/span><\/p>\n

<\/o:p><\/p>\n

Schoonover, a Republican, has said repeatedly that he\u2019s trying to do a good job and the attacks against him are politically motivated. But the two commissioners on the audit committee that dealt with the allegations against Schoonover were Democrat Oscar Vasquez Butler and former Commissioner Paul Curry, a Republican who left office at the end of the year.<\/p>\n

<\/o:p><\/p>\n

And it was Democrat McCamley who first pushed today for delaying any action on the allegations until Schoonover had another chance to respond. Schoonover has repeatedly refused to speak with Johnson or other county staffers about the allegations on advice of his attorney, and Butler<\/st1:place><\/st1:city> and others wanted to proceed immediately, saying Schoonover has had enough chances.<\/p>\n

<\/o:p><\/p>\n

But McCamley pointed out that the document Johnson provided to commissioners was not made public until today\u2019s meeting. Commission Chairwoman Karen Perez asked Wheeler if he and Schoonover would commit to coming before the commission at the meeting in late January.<\/p>\n

<\/o:p><\/p>\n

\u201cI believe that we would like to see this (report),\u201d Wheeler said. \u201cUntil I see this report, I can\u2019t answer any questions. I don\u2019t know what it says. Neither can Jim.\u201d<\/p>\n

<\/o:p><\/p>\n

McCamley, who gave Wheeler his copy of the report, urged him and Schoonover to come before the commission later this month.<\/p>\n

<\/o:p><\/p>\n

\u201cIf they do not so wish, that\u2019s a message in and of itself,\u201d he said. \u201cI hope that the treasurer wishes to communicate and cooperate.\u201d<\/p>\n

<\/o:p><\/p>\n

Commissioner Dolores Salda\u00f1a-Caviness said Schoonover deserves a chance to review the allegations, and said putting off any action would also allow the public a chance to learn about them before a decision is made.<\/p>\n

<\/o:p><\/p>\n

\u201cI think Mr. Schoonover deserves due process,\u201d she said. \u201cI mean, even Saddam Hussein got due process.\u201d<\/p>\n

<\/o:p><\/p>\n

Evans, a friend of Schoonover and the only Republican on the commission, agreed with postponing the decision, but said he also doesn\u2019t want the situation dragging on.<\/p>\n

<\/o:p><\/p>\n

\u201cI think overall he\u2019s done a fairly good job,\u201d Evans said of Schoonover. \u201cThis has already gone on long enough, as far as I\u2019m concerned.\u201d<\/p>\n

<\/o:p><\/p>\n

Perez urged Wheeler and Schoonover to respond.<\/p>\n

<\/o:p><\/p>\n

<\/span>\u201cPlease come up with some kind of proactive approach to making some kind of positive improvement,\u201d she said. <\/p>\n","protected":false},"excerpt":{"rendered":"

Do\u00f1a Ana County Treasurer Jim Schoonover stands accused of violating numerous state statutes and county ordinances following months of investigation by the county\u2019s internal auditor, audit advisory committee and an independent law firm. Because of that, the county\u2019s internal audit committee will ask the commission to take action against Schoonover that could include referring matters […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1079","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/1079","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=1079"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/1079\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=1079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=1079"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=1079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}