BELLBROOK — The Bellbrook school board has approved a motion that will have the district’s school board potentially covering tens of thousands of dollars in legal defense fees for the district’s superintendent and board members facing criminal charges related to a State Auditor’s Office investigation into misuse of public money.
“Per pending legal matters, the Bellbrook-Sugarcreek School Board will cover reasonable legal defense fees up to $50,000 for the Superintendent and up to $15,000 for each School Board member charged, with the requirement that anyone found by the court to have not acted in good faith will reimburse the fees to the District,” school board meeting documents from the Feb. 10 meeting read. “Further, if the State Auditor finds that the School Board is not allowed to take this action, then those named will reimburse the fees to the district.”
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The action comes several months after charges alleging the misuse of public money and dereliction of duty were filed against Bellbrook Schools Superintendent Doug Cozad and current or former school board members David Carpenter, Virginia Slouffman, Elizabeth Betz and Kathy Kingston.
The charges were filed in Xenia Municipal Court by Fraud Investigator John Uhl with the Ohio Auditor of State’s Special Investigations Unit in November.
According to Cozad’s contract with the district, “The Board may defend the Superintendent from criminal charges against him if such charges are based n Superintendent’s conduct occurring within the scope of his employment with the board in good-faith belief that the conduct was lawful and in the best interests of the District.”
Prosecutors said last week they intend to dismiss the charges against Kingston due to her inability to assist in her own defense. Kingston had previously resigned her position due to health issues in 2019.
Pretrial reports filed in court last week showed Carpenter, Betz and Slouffman intend to file motions to dismiss in the case.
After the May 7, 2019, operating levy failed to pass the district hired Allerton Hill Consulting and after the Ohio Auditor of State’s Special Investigations Unit investigated it was found “upon information and belief, Allerton Hill Consulting was hired to assist the School District in public communication and messaging for the purpose of reviving and passing another proposed operating levy,” the affidavit filed in Cozad’s case read.
“Cozad approved and authorized the payment of public funds totaling $37,500 to Allerton Hill Consulting,” the affidavit read.
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Allegations included in the criminal affidavit for Cozad’s case also said the school district engaged in a phone survey that cost $15,000 that the auditor’s office found “upon information and belief” was “designed for the purpose of reviving and passing another proposed operating levy.”
“Cozad reviewed and approved the survey questions as well as the payment of public funds totaling $15,000 to Fallon Research and Communication Inc.,” the affidavit read.
Other allegations against Cozad involved a school newsletter.
“In or around March-April 2019, Douglas A. Cozad, the superintendent of Bellbrook-Sugarcreek Local Schools, authorized the mailing of a newsletter to the public from the School District,” court records read. “Public funds were used to pay for the newsletter which prominently stated (in part) ‘An investment in our schools is an investment in our community’ adjacent to an announcement that the operating levy was on the May 7, 2019, ballot.”
“Cozad was responsible for the language in the newsletter and authorized the payment of government funds for its printing and mailing,” a criminal affidavit read.
Carpenter, Slouffman, Betz, and Kingston each are facing single counts of illegal transactions of public funds and dereliction of duty, online court records show.
The charges accuse Cozad, Betz, Carpenter, Kingston, and Slouffman of authorizing the payment of public funds for a mailer that “included a picture of the Board with the title ‘Continue the Excellence with the passage of Issue 4!’” The mailer also included another postcard titled “Issue #4 Important!” and ended stating “Remember to Vote on May 7th! Polls open 6:30 a.m. to 7:30 p.m. Paid for by Bellbrook-Sugarcreek Local School, according to the affidavit.
The total for both the postcard and mailer totaled $5,214.37, according to court records.
“I have no reason to believe or suspect that there is any truth to these allegations,” Carpenter told News Center 7 previously.
Carpenter said he intends to stay on the school board at this time and Cozad remains as the district’s superintendent. Carpenter was re-appointed as the school board president in January.
Earlier this year, Cozad rejected the state auditor’s recommendation for him to plead guilty to four of the eight charges he faces, Fleisher said.
“He’s a long-standing law-abiding, decent individual, a good public servant, and he’s done everything that he can in good faith with the interests of the school district in mind, only. He’s not benefitted personally. There’s no allegations of any theft or true wrongdoing,” Cozad’s attorney Jim Fleisher said.
Fleisher said his counter offer is to dismiss all charges, but if the state auditor’s office doesn’t go for it, he is prepared to defend his client at trial.
“Cozad, as I said earlier, has acted in good faith at every turn in an effort to do the best that he can for the school district that he serves, the parents, and the students, and we’re not dealing with someone who’s committed any criminal acts, or who deserves criminal penalties and the potential loss of his profession, which is what’s at stake here,” Fleisher said.