Circuit clerk admits state law violation

Greene County Circuit Clerk Mike Carr has been withholding funds from the county treasury for the last 25 years, a violation of state law.

Carr, who also is under review by the Greene County Prosecuting Attorney's Office for his handling of an ex parte request, has been placing money generated from copying court records and other documents into an office supply account used to pay for the copier and other operational supplies, according to a March 22, 2000, state audit report. The sum in question could be as much as $200,000, according to conclusions by the state auditor.

Missouri statute requires Carr and all county officials to turn over all fees to the county treasury, so they may go into the county general revenue fund. The penalty for violation of this statute is removal from office.

In reports covering seven years of operations, the annual amounts generated spanned from $10,000 to $36,000.

Carr admitted to the procedure, but said he doesn't pay attention to the dollar amount generated just that it all goes to payment of the copier lease of $7,6444 a year.

The audit also noted that sufficient receipts were not kept by the Circuit Clerk's Office. Supply account bank statements and invoices were not retained for 1997, the report said.

In addition, the audit noted bids were not solicited for major purchases. State law requires bids for all purchases of $1,500 or more.

Carr told the state auditor that bids were solicited, but documentation wasn't retained.

Carr and Anthony "Tony" Bleau are running for the Republican nomination for the circuit clerk position on the Aug. 6 primary ballot. Arthur Hodge Sr. is running unopposed for the Democratic nomination.

Violations noted

From reports beginning in 1984, state auditors have pointed out the violation related to the copying fees on numerous occasions and made recommendations to correct the procedure.

The most recent report, conducted for the years 1997 and 1998, states, "Copy monies are not properly handled and recorded. Photocopy and certified copy fees totaling approximately $36,000 were deposited into the circuit clerk's supply account rather than being turned over to the county treasurer, and there is no statutory provision for the circuit clerk to maintain custody of these fees."

To the auditors' recommendations Carr said, "The auditors have made a question for concern, but they've never pushed the issue."

Greene County Presiding Commissioner Dave Coonrod, a Democrat, does not agree with the practices but his hands are tied, he said. "I think he, like any other office holder, would be required to follow the law," Coonrod said. However, "the county commission does not have any authority over any elected officer."

Other issues have come up in the reports.

Carr's 20-cent copy fee exceeds the state's 10-cent market rate for duplicating public records. Carr said he has been charging 20 cents a copy since 1977 and nobody has questioned it.

Carr said he is saving taxpayers money.

"I'm trying to take care of the taxpayers and be cost-efficient and -effective in the way we handle their funds," he said. "This system is taking care of that. It seems to me kind of a silly idea to ask the taxpayers to pay for a copy machine."

State and county agencies like the Public Defender's Office and the Police Department are not charged for copies, Carr said. Copy fees are charged to the general public.

Coonrod disagreed with the deviation from state standards.

"State statutes establish the fee," Coonrod said. "It's a standard establishment in the state of Missouri. I don't know why anyone would want to deviate from suggested state standards."

Local investigation

Vonda Taylor, a manager in the Greene County Prosecuting Attorney's office, said for a change to be enforced an investigation must occur, however prosecuting attorney Darrell Moore would not be the person to conduct it.

"If it's in violation of a statute, someone needs to be investigating it," she said. "We do the review after the investigation is conducted. If that's an issue that needs to be looked at, someone needs to make a complaint to the Sheriff's Office."