Linn auditor agrees to surrender computer

CEDAR RAPIDS - Linn County Auditor Joel Miller's actions over a laptop computer sought in an internal investigation goes against policy and the general practice across the state, according to County Attorney Jerry Vander Sanden and the Iowa State Association of Counties.

Miller said he will give the computer to county Finance Director Steve Tucker today only after he copies its hard drive during Bob Bruce's talk show on WMT Radio at 4 p.m.

“Then I'll hand the laptop over,” Miller said. “I'll have a mirror image of what is there.”

Miller said he's taking the step to protect himself from what he says is a politically motivated investigation into his hiring of a friend to manage a software project in his office. The county paid Joe Clarahan $37,342 between September and March 19, according to records Miller posted on his personal blog.

Miller is being challenged in the June 5 Democratic primary by former Supervisor Jim Houser and Brian Gradoville, an employee in the county Treasurer's Office.

Tucker, who also is the county's compliance officer, had set a Friday deadline for Miller to turn over the laptop. When Miller didn't deliver it, the Board of Supervisors voted Monday to draft a letter formally ordering him to comply with Tucker's request.

Miller said state law doesn't require him to turn over the computer sought by Tucker, who is investigating an employee's complaint over Clarahan's hiring.

Bill Peterson, executive director of the Iowa State Association of Counties, disagrees with that assessment.

“The Board of Supervisors would have quite a bit of latitude to direct the auditor to turn over records” under state law, Peterson said.

Peterson said he has not seen many similar disputes between county officials.

“Even if you're an elected official, in my view those are all public documents unless there's some reason for them to be protected,” Peterson said.

Vander Sanden, the county attorney, said Miller's status as an elected official does not exempt him from the county's policy that states “all departments are required to respond promptly to inquiries initiated by the compliance officer to provide access to relevant records.”

“The established procedures apply to all county employees, elected or otherwise,” Vander Sanden said. “County employees have no privacy rights with regard to computers that are supplied by the county in the workplace.”

Miller, a Democrat, said he hired Clarahan, an unsuccessful Republican candidate for county treasurer in 2010, to install a software package he had purchased to manage repairs and maintenance of county facilities. He said he bought the program for about $30,000 in 2010 “but it's never worked the way it's supposed to.”

“(Clarahan) made something work that didn't work before,” Miller said. “Is he a good friend? Yes, he is. Should I have discriminated against him because he's a friend?”

Clarahan of Cedar

Rapids was hired for $39.11 an hour through Kelly Services, which also provides temporary help during the election season.

Miller said he refused to hand over the computer last week over confidentiality concerns and he posted Clarahan's Kelly contract and invoices after receiving permission from both.

Efforts Tuesday to contact Clarahan were not successful.

Supervisors will vote today to authorize Chairman Brent Oleson to sign the letter ordering Miller to turn over the computer.

“I'm really disappointed in Auditor Miller's actions,” Oleson, R-Marion, said. “They go against his long history of transparency and accountability.”

Tucker's investigation is just the latest dispute between Miller and the supervisors. Miller sued the board after supervisors blocked his attempt to hire a deputy auditor to review independent accounts maintained by county department heads.

That led to a counterclaim by the supervisors seeking a ruling that only they have authority to direct internal audits. Both claims have been combined into a single suit scheduled for trial May 29.