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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Saturday, October 4, 1997
Enquirer suit opens audit records
Ohio's high court affirms right to know

BY MICHAEL HAWTHORNE
Enquirer Columbus Bureau

COLUMBUS - The Ohio Supreme Court on Friday ordered State Auditor Jim Petro to release records that could adversely affect the brother of Gov. George Voinovich.

With one justice, Republican Andy Douglas of Toledo, not participating in the decision, the high court voted 6-0 in favor of The Cincinnati Enquirer. The newspaper filed a lawsuit last month seeking audit records of the Mahoning Valley Sanitary District (MVSD).

In August, Mr. Petro's office released a special audit that alleged spending abuses and public corruption at the district, a one-of-a-kind entity that provides drinking water to Youngstown and nearby Niles.

Mr. Petro was prepared to release working papers collected during the audit. But he later declined to release records he said had been part of a grand jury investigation into the district.

The Supreme Court's decision said any documents provided to Mr. Petro, a public official, are public records available for inspection.

''The court recognizes that the people's access to public records is paramount,'' said John A. Flanagan, one of The Enquirer's attorneys. ''Any exemptions are to be narrowly construed.''

Auditors are seeking recovery of $2.7 million in public money from past and present district employees and contractors.

The audit accuses Edward Flask, a former MVSD director, of awarding multimillion-dollar contracts, then collecting $1.9 million in payments from some of the same firms. Mr. Flask denies any wrongdoing.

Also questioned in the audit are the practices of the V Group, an architectural and construction firm owned by Paul Voinovich, the governor's brother.

While the audit doesn't seek repayment of money from the V Group, it states the company cleared $2 million - an 80 percent profit - as a subcontractor on the project. V Group officials contest the accuracy of the figures but have declined to disclose what they believe are more accurate ones.

Mr. Petro's office announced late Friday that it will release seven boxes of working papers collected during the audit. The boxes include some or all of Mr. Flask's bank records, additional information about the V Group contract and interviews.

''I'm very pleased with the court's decision, even though I was the defendant in this case,'' Mr. Petro said. ''It's in the best interest of auditors to have all of their work papers open for public review because they support our work.''

In addition to granting The Enquirer's request for audit records, the Supreme Court ruled in favor of the Warren Tribune Chronicle in a similar lawsuit. The court ordered Mr. Petro's office to pay the legal fees of both newspapers.

Friday's decision is the latest development in the MVSD saga.

Justice Douglas is being investigated by the court's disciplinary counsel for possible ethics violations. A Youngstown-area judge alleged that Justice Douglas told a lower court judge to fire a special prosecutor investigating the district.

On Thursday, Paul Voinovich sued a former district official who said he was dispatched to the V Group to tell company officials they were behind on their political contributions to Youngstown-area officials.

V Group officials acknowledge making political donations but say all money was paid willingly and was not part of a scheme to land and steer government contracts.


 
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