Monroe County Sheriff Department v. Review Board of the Indiana Department of Employment & Training Services

637 N.E.2d 155, 1994 Ind. App. LEXIS 824, 1994 WL 284485
CourtIndiana Court of Appeals
DecidedJune 29, 1994
DocketNo. 93A02-9308-EX-459
StatusPublished
Cited by2 cases

This text of 637 N.E.2d 155 (Monroe County Sheriff Department v. Review Board of the Indiana Department of Employment & Training Services) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Monroe County Sheriff Department v. Review Board of the Indiana Department of Employment & Training Services, 637 N.E.2d 155, 1994 Ind. App. LEXIS 824, 1994 WL 284485 (Ind. Ct. App. 1994).

Opinion

ROBERTSON, Judge.

The Monroe County Sheriff Department [Sheriff] appeals the decision of the Review Board of the Indiana Department of Employment & Training Services which reversed the decision of the Administrative Law Judge and determined that Toni L. Hinds was not discharged for just cause so as to render her ineligible for unemployment benefits. The Sheriff raises four issues, which we restate and consolidate for review. One issue requires that wé reverse. Restated it is:

whether the Review’s Board’s decision, based primarily upon its inference that Hinds was not discharged for just cause because her accounting practices had not subjected her to criminal liability, rests upon a rational basis?

FACTS

The pertinent facts are largely undisputed. Those in the light most favorable to the Review Board reveal that Hinds was employed by the Sheriff as the Jail Commander from 1987 until January 1, 1991. Hinds’ responsibility as Jail Commander included overseeing and administering the jail commissary account and the inmate trust funds. After a new sheriff was elected and took office January 1,1991, Hinds was replaced as Jail Commander and was transferred to the [157]*157position of First Shift Commander. The transfer did not affect Hind’s pay.

The inmate trust funds are monies that are paid into the jail by inmates, or their families or Mends, and which are to be deposited into interest bearing accounts. The jail commissary account is in effect a store within the jail which allows inmates to order and receive items, such as cigarettes, from outside vendors. The Sheriffs Manual sets forth duties and responsibilities of the Jail Commander, including the express order that, “The Jail Commander will maintain accurate financial records of the jail.” Further, the Jail Commander is required to maintain accurate records of all expenditures, income, petty cash, and inmate funds. Hinds had a copy of the Sheriffs Manual.

When the new sheriff took office in 1991, he and another member of the Sheriffs department discovered that the records kept by Hinds in her duty as Jail Commander in her office were in a state of disarray, that Hinds’ office was in disarray, and that there were boxes and trash bags which were later identified as containing department records. Records were still missing at the time of the administrative hearing in this matter. The Sheriff began to receive overdue and unpaid bills from the suppliers of the Jail Commissary. The Sheriff contacted the State Board of Accounts and requested that an audit of the Department be performed.

In June of 1991, the State Board of Accounts provided a verbal report to the Sheriff indicating that funds were missing or unaccounted for. Then on September 9,1991, the Board issued its formal written audit report which stated that the cash necessary to balance the Jail Commissary and Inmate Trust Funds for the period January 1, 1989, through December 31, 1990, was $36,079.05. The report identified several practices and omissions alleged to constitute violations of the law governing the administration of public monies by public officials. Hinds’ employment was terminated on September 9, 1991, when the written audit was released.

The 1991 audit was not the first audit to have been performed by the State Board of Accounts while Hinds was responsible for the jail commissary and inmate trust funds. In 1988, Auditor Frank Watson had identified problems with the manner in which these funds were being handled and, at that time, instructed Hinds regarding what should be done differently. Watson recommended to Hinds that she employ a basic, simple accounting system, that all disbursements were to be made by check, and that all incoming money should be receipted and entered in the general ledger. Watson provided Hinds with a list of items she should obtain to establish proper bookkeeping procedures. These items were available from any office supply store. On three occasions in the spring of 1989, Watson unsuccessfully attempted to review Hinds’ record-keeping procedures.

During the spring of 1990, the State Board of Accounts examiners again discussed accounting procedures with Hinds. Examiner M.F. Renner explained to Hinds how to keep records on at least two occasions after a 1990 audit of the records in question. Although Hinds acknowledged that members of the State Board of Accounts had offered to help her set up an accounting system for the funds for which she was responsible, she never took any type of action to implement any of the recommended procedures.

Following the results of June, 1991, verbal report of the State Board of Accounts, the Indiana State Police White Collar Crime Unit began an investigation of the jail commissary and inmate trust funds. The Monroe County Prosecutor’s Office filed criminal charges against Hinds. However, as will be discussed in more detail below, those charges were ultimately dismissed.

After her discharge in September of 1991, Hinds applied for unemployment benefits. The Indiana Department of Employment and Training Services initially determined that Hinds was discharged for just cause and ineligible for unemployment benefits. Hinds requested a hearing before an Administrative Law Judge to appeal the initial determination. A hearing was held before the ALJ. The ALJ affirmed the initial finding concluding that Hinds was discharged for just cause. The operative portion of the AL J’s conclusion reads as follows:

[158]*158The evidence presented does not make it clear whether the money in question is missing or whether the records are so inadequate that the money was properly spent but cannot be accounted for. The evidence does clearly establish, however that despite the fact [Hinds] was told on several occasions that she needed to set up a ledger and receipt system [she] never did so. Hinds’ failure to take those actions makes it impossible for the employer to account for $36,000.00 and the ALJ would conclude that the claimant’s failure to take better care of the accounting for the funds was a breach of duty reasonably owed the employer under the circumstances and was just cause for her discharge ...

Hinds then appealed to the Review Board. Hinds’ attorney submitted 114 pages of additional documentary evidence to the Review Board together with an application for leave to introduce additional evidence which the Review Board granted. The additional evidence submitted, and relied upon by the Review Board in reversing the decision of the ALJ, consisted primarily of the pleadings and memoranda that had been filed in the criminal proceedings against Hinds. Without conducting a hearing, the Review Board reversed the ALJ and determined that Hinds was entitled to unemployment compensation. The operative portion of the Review Board’s conclusion reads as follows:

[Hinds’] additional evidence presented to the Review Board on appeal indicates that the criminal charges brought against [Hinds] were based on [Hinds’] alleged failure to make daily deposits in the inmate trust and commissary accounts. According to the Information, [Hinds] alleged failure to make daily deposits was in violation of the requirements set forth in Indiana Code § 5-13-6-1. In connection with the criminal proceedings, two (2) of the State Board of Accounts auditors who gave testimony for the Employer during the Administrative Law Judge hearing were deposed.

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637 N.E.2d 155, 1994 Ind. App. LEXIS 824, 1994 WL 284485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-county-sheriff-department-v-review-board-of-the-indiana-department-indctapp-1994.