Court order bars Christian County auditor from office

Christian County commissioners took steps toward appointing an interim county auditor on Tuesday, one day after a judge ordered Auditor Lacey Hart not do any work on behalf of her office until further notice.

The commission appointed Cole Ewing, the county's IT specialist, to be deputy interim auditor, so that some aspects of the auditor job can continue to be carried out.

The commission is also soliciting applications for the interim auditor position and will hold a meeting Monday to hear from interested parties.

Circuit Judge Laura Johnson issued the order regarding Hart in response to a "quo warranto" petition filed in state court Friday.

Hart was escorted from her office in the Christian County Courthouse by sheriff's deputies Monday afternoon. 

Reached for comment Monday evening, Hart referred the News-Leader to her attorneys, the Law Office of Dee Wampler and Joe Passinise. A call to the law office late Tuesday morning was not immediately returned.

The civil petition filed Friday essentially accuses Hart of failing to do her job.

Johnson, who attended Tuesday's commission meeting, confirmed that Hart has also been criminally indicted on at least one misdemeanor count. The event was not yet public Tuesday morning; Johnson said that was because Hart had yet to be served.

The civil petition says Hart, as county budget officer, was required by law to submit a proposed budget for fiscal year 2017 to the county commission by Nov. 15. The petition says that Hart missed that deadline and that the county's prosecuting attorney ultimately ended up acting as budget officer and submitting a budget in January.

The petition also says Hart has failed to "timely audit, examine and adjust all accounts presented for payment against the county," as required by law. The petition says this has resulted in the county being charged late fees, services being cut off and vendors refusing to do business with the county.

The petition alleges that Hart told other county employees "that she has willingly failed to approve or deny requisitions brought by Sheriff Brad Cole because of a dislike of Sheriff Cole and his administrative assistant."

The petition says Hart also failed to balance county offices' books within the first four days of each month, as required by law.

Both the civil and criminal cases against Hart are being prosecuted by Taney County Prosecuting Attorney Jeff Merrell. Christian County Prosecuting Attorney Amy Fite requested a special prosecutor "due to a potential conflict of interest."

Speaking to the commission Tuesday, Johnson called the matter a "relatively complicated and unusual legal situation." 

Citing state law, Johnson said that, in the case of the civil filing, the county commission is tasked with appointing a temporary replacement for Hart. But in criminal cases, the judge is supposed to make the appointment, Johnson said.

Johnson said she believes the best thing to do is for herself and the commission to come to a mutual agreement regarding who becomes the interim auditor.

Presiding Commission Ray Weter said the county has funded the deputy auditor position for two years but that Hart declined to fill it. Weder and the commissioners appointed Ewing to the role Tuesday because they said he is familiar with a key piece of software.

At least two individuals not currently employed by the county attended Tuesday's meeting because they are interested in the interim auditor role.

Hart was first elected auditor in November 2014, assuming the role early the next year. She is up for re-election in 2018.

Hart would be allowed to return to the role of auditor if she is exonerated.

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