STATE BOARD OF ACCOUNTS AUDIT OF  PAYMENT FOR PROSECUTOR'S DISCIPLINARY GRIEVANCE LEGAL FEES

BOARD OF COUNTY COMMISSIONERS DEARBORN COUNTY 

AUDIT RESULT AND COMMENT 

LEGAL SERVICES RELATED TO DISCIPLINARY PROCEEDINGS

A payment to Bose, McKinney, and Evans in the amount of $23,828.53 was made on December 23, 2010. The invoice presented for examination showed the payment was for legal services in connection with "Matter 022105-00012009 Disciplinary Grievance." The legal serviceS were on behalf of Frank Aaron Negangard, Prosecuting Attorney, in connection with a disciplinary grievance filed Disciplinary with the Commission of the Supreme Court of lndiana. 

No Home Rule ordinance providing the conditions authorizing the County to pay the cost of legal services in connection with a professional disciplinary matter was presented for audit. 

lndiana Code 36-'1-3-6 states in part: 

"(a) lf there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit  wanting to exercise the power must do so in that manner. 

(b) lf there is no constitutional or statutory provision requiring a specific manner for

exercising a power, a unit wanting to exercise the power must either: 

(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific

manner for exercising the power; . . . 

(3) comply with a statutory provision permitting a specific manner for exercising the

power. 

(c) An ordinance under subsection (b)(1) must be adopted as follows: 

(1) ln a municipality, by the legislative body of the municipality.

(2) ln a county subject to lC 36-2-3.5 or lC 36-3-1, by the legislative body of the

county.

(3) ln any other county, by the executive of the county. . . .', 

Payments or transfers which are not authorized by statute, ordinance, resolution, or court order must be reimbursed or transferred to the proper fund. (Accounting and Uniform Compliance Guidelines Manual for Counties of lndiana, Chapter 1) 

Public funds may not be used to pay for personal items or for expenses which do not relate to the functions and purposes of the governmental unit. Any personal expenses paid by the governmental entity may be the personal obligation of the responsible official or employee. (Accounting and Uniform Compliance Guidelines Manual for Counties of lndiana, Chapter 1) 

County officials will be requested on the next audit to present for audit a Home Rule Ordinance providing a specific manner authorizing the payment of legal services in connection with a job related professional disciplinary matter.