WARREN City auditor seeks charges' dismissal

Two brothers' cases are being tried before a visiting judge.
WARREN -- The city auditor is asking a judge to dismiss misdemeanor charges against him, contending there's no legal basis for them.
Atty. Samuel Bluedorn filed a motion Tuesday in Warren Municipal Court to dismiss dereliction of duty charges against his client, David Griffing.
The case is set for trial July 11 before visiting Judge Thomas Campbell. Griffing's brother, Richard, manager of the city's water department, also is accused of dereliction of duty. His case is set for trial in September.
The two are accused of failing to make sure water department money was deposited in a bank daily, police have said.
Not his job?
According to the motion, ensuring that money is deposited is not listed among a city auditor's duties, according to the Ohio Revised Code. "In fact, the custodian of all monies for a municipal corporation is the city treasurer," the motion said.
Bluedorn also requested a hearing on his motion for July 2. The attorney also wrote that for the complaint against his client to have any merit, "the state must allege that there were violations concerning the city of Warren auditor's office.
"Nowhere in the state's bill of particulars is there any allegations that there are any monies missing or shortages in the auditor's department," Bluedorn's motion said.
Prosecutor filed
The charges were filed by Bob Johnson, Girard city prosecutor, who is serving as special prosecutor, after a yearlong investigation of the water department by the FBI and city police.
Johnson could not be reached.
Last year, the state auditor's office issued a finding for recovery of $26,036 against Debra Dunewood, the department's former head cashier. She has not been charged with a crime.
She was approved for a disability retirement in February 2001.
According to the audit, Dunewood sometimes delayed depositing money, showing a potential lapping scheme to divert cash and delay deposits until sufficient subsequent receipts were accumulated to cover the amount diverted.
Funds recovered
The city recovered the funds through its bonding company, officials have said, and has implemented additional security measures since the finding for recovery was issued.
Those measures include security cameras wherever employees deal with money in the department and random rotation among employees of the duties formerly performed by the head cashier.
Meanwhile, four members of the auditor's staff, Gary Cicero, human resources director, Manuel Michelakis, former water department director and other workers at the water department have been subpoenaed to report before a secret grand jury next week at the Trumbull County Courthouse.
"Since it's secret I don't know, but because it's the same list of witnesses as in my case I assume it is" related, David Griffing said.