Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, November 18, 1993 TAG: 9311180038
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: KAREN BARNES STAFF WRITER
DATELINE: LYNCHBURG LENGTH: Medium
Wells must provide copies of monthly bank statements from July 1, 1990, to June 30 of this year and any canceled checks drawn from the interest-bearing account that were not payroll or tax-related.
The newspaper filed a Freedom of Information Act request with Wells on Oct. 18. No written response was given within the required five days, so the paper filed suit last Friday in Lynchburg Circuit Court.
Judge Mosby G. Perrow III heard arguments Monday.
Wells' attorney, John Alford, said his client was willing to hand over the requested documents but did not want to disclose confidential tax and payroll information concerning his employees.
Last week, an auditor's report concluded that the Sheriff's Office payroll account contained almost $30,000 at the close of the fiscal year on June 30.
Wells must surrender any interest generated from the account because it is public money, said the state auditor of public accounts, Walter J. Kucharski.
He added that Wells could face misdemeanor charges if he wrote personal checks from the account in addition to the payroll. Intermingling of public and private money is against state law.
Last week, the Board of Supervisors asked for an investigation, but a special prosecutor has not been named. Bedford Commonwealth's Attorney Jim Updike removed himself from the investigation, citing a long-standing relationship with Wells.
No investigation can begin without the approval of Gov. Douglas Wilder, Attorney General Stephen Rosenthal or a grand jury.
Under the Freedom of Information Act, Wells could refuse to release the records if they become part of a criminal investigation.
Wells has been sheriff since 1974.
He did not return phone calls Wednesday.
by CNB