Jones-Kelley regrets allowing database searches
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By William Hershey
Staff Writer
Thursday, November 20, 2008
COLUMBUS — Suspended Director Helen Jones-Kelley of the Job and Family Services Department said Thursday, Nov. 20, she should not have allowed the searches of state databases for information on Samuel Joseph — "Joe the Plumber" — Wurzelbacher, who emerged as a key figure in the Ohio presidential campaign.
Gov. Ted Strickland suspended Director Helen Jones-Kelley of the Job and Family Services Department for one month without pay after a state Inspector General's report found Jones-Kelley improperly authorized the searches of state databases and used her state e-mail account for political fundraising.
"I accept the content the (of) Inspector General's report and should not have allowed the Wurzelbacher searches to move forward," Jones-Kelley said in a written statement. "While there is a disagreement as to whether those searches were done for legitimate business purposes, my only intent was to fulfill my agency's fiduciary responsibilities to Ohio's families. I am committed to implementing agency procedures which better protect confidential, personal information. In this case no confidential information was released."
Based on her annual salary of $141,980, the suspension will cost Jones-Kelley, 57, of Clayton, $11,831.
The report issued on Thursday, Nov. 20, by Inspector General Tom Charles found that Jones-Kelley improperly authorized searches of state databases for information on Wurzelbacher. Charles also found that Jones-Kelley's use of state e-mail resources to raise money for Democratic presidential candidate Barack Obama was improper.
The decision by the Democratic governor to suspend Jones-Kelley isn't likely to satisfy Republicans.
Before it was announced, Senate President Bill Harris, R-Ashland, called on Strickland to "immediately terminate" Jones-Kelley and Doug Thompson, deputy director of child support who came with Jones-Kelley to Columbus from MontgomeryCounty.
"You entrusted these individuals with sensitive information regarding thousands of Ohioans.
"They not only failed in their responsibilities to protect that information, but they abused positions of authority to access confidential databases for what, based on the evidence released today, had no legitimate government purpose, was not in response to media requests and appears to be based on political motivations," Harris said in a letter to Strickland.
Strickland had put Jones-Kelley, on paid administrative leave after charges of the improper use of e-mail emerged on Nov. 7. She also is receiving protection from the Ohio Highway Patrol.
Before her appointment by Strickland last year, she headed the Montgomery County Job and Family Services Department.
In his report, Charles also said the Ohio Attorney General's office, under Attorney General Nancy Rogers, failed to prevent a misuse of the Ohio Law Enforcement Gateway (OHLEG) by an agency contractor and for a wrongful act with the contractor in using OHLEG to access confidential information about Wurzelbacher.
This matter currently is being investigated by the Ohio Highway Patrol for possible criminal charges, the report said.
Charles said 18 separate record checks were conducted on Wurzelbacher, from suburban Toledo, following the Oct. 15 presidential debate in which Republican John McCain frequently involved "Joe the Plumber" and his criticism of Obama's tax plan.
"...we determine that ODJFS director Helen-Jones Kelley's authorization to search three confidential databases for information on Wurzelbacher was improper, and that the use of state e-mail resources to engage in political activity was also improper," the report said.
The report said investigators found "no policies or procedures to support" Jones-Kelley's contention that it was agency practice to search databases when someone was "thrust into the public spotlight."
Two former department directors — Tom Hayes and Barbara Riley — said they didn't conduct searches just because someone was raised to "celebrity" status.
The report said that none of Jones-Kelley's justifications for conducting the searches met any reasonable agency function or purpose as required by the administrative code.
On the e-mail fundraising issue, the report said Jones-Kelley had her personal Blackberry synchronized with her department's e-mail system. As a result, all e-mails from her Blackberry went through the ODJFS e-mail system.
Among those were four in which she provided lists of names of potential contributors to the Obama campaign. One included her offer of a $2,500 contribution to the campaign.
"The use of the ODJFS system violates the governor's policy on political activity and constitutes an inappropriate use of state resources," the report said.
Wurzelbacher emerged as a key figure in the presidential race after he and Obama met in mid-October as Obama campaigned in the Toledo area. Wurzelbacher told Obama that he was getting ready to buy a company that makes $250,000 to $280,000 a year and said "your new tax plan is going to tax me more, isn't it?"
Obama explained his plan — which he said would provide tax cuts for 95 percent of Americans making less than $250,000 a year — and said "I think when you spread the wealth around it's good for everybody."
Republican John McCain championed Wurzelbacher's cause and Wurzelbacher endorsed McCain and campaigned with him.
Jones-Kelley defended her agency's actions in an Oct. 29 letter to Senate President Bill Harris, R-Ashland. She said the department frequently runs checks on Ohioans in the news because they came into money.
"ODJFS, consistent with past departmental practice, checked confidential databases to make sure that if Mr. Wurzelbacher did owe child support, or unemployment compensation taxes, or was receiving public assistance, appropriate action was being taken. The results of those checks have never been publicly shared," she wrote.
Strickland defended Jones-Kelley on the records checks but put her on paid administrative leave on Nov. 7 due to the possibility a state computer or state e-mail account had been used for political fund-raising. E-mails from Jones-Kelley's state account were released from to the Obama campaign in connection with a campaign event, including a fundraiser, in July at StiversSchool for the Arts in Dayton. Jones-Kelley contributed $2,500 to Obama.
The records check on Wurzelbacher prompted cries of outrage across the political spectrum. State Rep. Shannon Jones, R-Springboro, is preparing legislation aimed at cracking down on such record checks. Also, the American Civil Liberties Union of Ohio has called on Strickland and other state officials to enact regulations protecting private information on state databases.