Thursday, May 03, 2012

PROSECUTOR'S LETTER TO COMMISSIONERS STATING HIS OPINION OF THE ORDINANCE AND STATE BOARD OF ACCOUNTS AUDIT

F. AARON NEGANGARD
Prosecuting Attorney

812/537-8884 Telephone
812/537-4295 Fax 

7th Judicial Circuit
Dearborn and Ohio Counties
Courthouse
215 West High Sheet
Lawrenceburg Indiana 47025


May 1, 2012

Dearborn County Commissioners
Administration Building
Lawrenceburg IN, 47025

Re: Home Rule Ordinance Pertaining to 2010
Invoice# 505680 

Dear Gentlemen: 

This letter is to inform the Board of Commissioner that I have reviewed the Home Rule Ordinance pertaining to 2010 Invoice# 505680 prepared by County Attorney
Andrew Baudendistel. I approve of and support the passing of this ordinance. The
disciplinary grievance was filed as a result of my employment both as a deputy prosecutor, chief deputy prosecutor, and prosecutor of Dearborn and Ohio Counties of Indiana. The fact that this process can be abused by those who have been accused of crimes and those seeking political retribution is unfortunate. However, to not protect those who serve the county from these types of complaints would encourage prosecutors to not stand up for justice and the public safety of our community for fear of such retribution. Such a policy would not be in the best interests of the citizens of Dearborn County. 

It is also my opinion the passage of this Home Rule Ordinance is not necessary.The State Board of Accounts finding is clearly in error. A review of the statute clearly states that an ordinance needs to be passed authorizing the appropriate expenditures.There was an ordinance in place at the time. That ordinance has since been amended and clearly authorizes elected officials to enter into and pay for service contracts out of appropriated funds. That is what happened in this case. Nevertheless, there is not a process by which this dispute could be litigated for a final decision. As such, the State Board of Accounts has requested that this ordinance be passed. For these reasons, despite my opinion that such an ordinance is not necessary, I would support  the Commissioners passing this ordinance so that they can move on to more important issues for the citizens of Dearborn County. 

Thank you for your time. If you have any questions or need further information, please do not hesitate to contact me.

Very truly yours,
F.Aaron Negangard,
Prosecuting Attorney

FAN:mlm

2 comments:

aggrieved said...

Negangard says the disciplinary grievance was from when he was a deputy prosecutor up to when he was a prosecutor.
How is he paying for the times BEFORE he was an elected official?
Just how many grievances are out there to cover that entire timeline?

Anonymous said...

While this maneuver may be legal it falls incredibly short of 'avoiding the appearance of impropriety.'