State agency director had no legitimate reasons to check Wurzelbacher and more local searches
Now it remains to be seen what will be done about it, but the Inspector General has stated according to the Columbus Dispatch:
Helen Jones-Kelley, the suspended director of the Ohio Department of Job and Family Services, “had no legitimate agency function or purpose to support her decision” to check on the newly minted political figure, the report states.
The investigation by the office of Inspector General Thomas P. Charles found that the reasons that Jones-Kelley offered for the checks “were not credible and they included contradictions, ambiguity, and inconsistencies.”
The full 48 page report is online.
In summary, we determined that ODJFS Director Helen Jones-Kelley’s authorization to search three confidential agency databases for information on Wurzelbacher was improper, and that her use of state email resources to engage in political activity was also improper. We further find an omission on the part of the Ohio Attorney General’s Office for failing to prevent a misuse of the OHLEG system by an agency contractor, and a wrongful act with the contractor for using OHLEG to access confidential information about Wurzelbacher.
Toledo is also mentioned in the report:
Two records checks of Wurzelbacher’s driving history and other information were made through a user account with the Law Enforcement Automated Data System (“LEADS”) by individuals employed by the Toledo Police Department on October 16, 2008, and October 31, 2008. LEADS is a confidential law enforcement database administered by the Ohio Department of Public Safety (“DPS”). The Toledo Police Department is conducting its own administrative investigation into these records checks and will report its findings to DPS and this office upon completion.
What’s interesting about this is supposedly only one check was done by Julie McConnell on October 16, 2008 who did the other search? As you’ll see farther down, we don’t know, there was also a check done by the Deputy Registrar’s Office in Sylvania that is under investigation.
The report does state in reference to the instances investigated by the Inspector General:
Clearly, all these searches were done in the midst of a national political campaign. But we did not find any evidence that shows the data was accessed or information released in response to media requests in an effort to support any political activity or agenda.
I also found it interesting that blogs were mentioned:
She also stated that there were blogs and reports about “Joe the Plumber” being behind in his child support payments and that he did not have a driver’s license.
Director Jones-Kelley produced no examples of blogs she reviewed. Even if examples were produced, we find that authorizing searches of confidential databases should be predicated on more than blog posts, rumors and innuendo about private citizens.
Further into the report more details related to Toledo and Sylvania:
October 16, 2008
BMV accessed Wurzelbacher’s driving record at 10:56 a.m. Steve Eder from the Toledo Blade contacted the ODPS Communication Section requesting the driving record of Samuel J. Wurzelbacher. In response to the media request, BMV faxed Wurzelbacher’s driving record information to the Toledo Blade. BMV accessed Wurzelbacher’s vehicle registration information a second time at 12:27 p.m. based on another request from the Toledo Blade. The requested information was subsequently faxed to them. This was not improper since state law requires the release of this information to the media.At 5:41 p.m., a Toledo, Ohio Police Dispatcher identified as Julie McConnell queried the BMV database through the LEADS system. OSP requested an explanation from the Toledo Police Department as to why Wurzelbacher’s driving record was queried through the LEADS system. As a result, Toledo Police initiated an internal investigation. They found that McConnell had accessed the information as a “favor” for a Toledo area media representative. This employee faces possible disciplinary action for gross misconduct.
October 31, 2008
At 1:46 p.m., a Toledo Police records clerk queried the BMV database through the LEADS system. The OSP asked for an explanation from Toledo Police Department as to why Wurzelbacher’s BMV records were accessed. The Toledo Police Department determined that a records clerk at Toledo Police Department had received a public records request and subsequently verified the spelling of Wurzelbacher’s name through LEADS. We have been told that Toledo Police will determine what corrective measures will be taken regarding the improper use of the system.November 7, 2008
At 1:15 p.m., the state’s independently contracted Deputy Registrar’s Office in Sylvania, Ohio, queried Wurzelbacher’s information in the BMV database. Based upon a preliminary review, it does not appear that the inquiry had a business purpose. DPS investigators are currently investigating the potential inappropriate access of the BMV database through the LEADS system.
What a surprise. We’ll see what happens now I guess.
November 20th, 2008 at 3:21 pmWell considering that part of the interview process done by the Inspector General was to talk to those who held the position that Jones-Kelley had and stated it was not policy to check “celebrities” that the lottery winner thing was not done by them on a whim but by the request of the Lottery Commission, she should be terminated.
That’s without even going into the rest of it including the use of her state email.
It was really interesting to read about the other two Toledo area record searches, there has been no media coverage on those, only the one related to McConnell…
November 20th, 2008 at 3:24 pmIsn’t our legal system based on the presumption of innocence? Why would a government run agency check the background of someone that committed no crime? This whole thing stinks and all Strickland is doing is using Febreeze to cover up the smell.
November 21st, 2008 at 9:16 amLast night I saw a post by Modern Esquire, which demonstrates there are a few of us out there who felt that Jones-Kelley should have been fired.
The Dispatch piece on Senate President Bill M. Harris demanding that Governor Strickland terminate two of the staffers is also a recommended read. This one point is especially important:
November 21st, 2008 at 9:49 amOf course she should be fired. The report says that they couldn’t ‘prove’ that these searches were done for ‘political’ reasons. Of course they couldn’t prove what she was thinking, that’s an impossible standard and an unacceptable one.
There is no rational mind who does not know why these searches were done. It’s a preposterous proposition that to say one cannot be guilty of wrong doing because you cannot prove what they were thinking.
If that were the case no murderer could ever be convicted – no civil case could ever be decided.
It’s a ridiculous avoidance of acknowledgment and a much needed apology to the victim.
And she needn’t be fired specifically for this, the fact that she was raising campaign funds on the job, with State owned equipment and email svc is reason enough to fire anyone.
Governments cannot get involved in swaying the outcome of a political race. That’s a terribly dangerous slope and one to be avoided at all costs.
November 21st, 2008 at 3:37 pm