LEBANON — The city auditor had no obligation to tell council that a proposed ordinance would pay for her early retirement buyout, former City Manager Richard Hayward testified Wednesday in her defense.

        The Warren County Common Pleas trial of former City Auditor Debbie Biggs, accused of theft in office and other charges for taking a $110,000 buyout in late 1999, is expected to conclude today. Mrs. Biggs, 53, of Oregonia faces up to five years in prison if visiting Judge George Elliott finds her guilty.

        “Debbie is an incredibly truthful, honest person,” Mr. Hayward said in testimony. “I guess I find this whole thing to be ludicrous.”

        Mr. Hayward said he offered in 1997 to ask City Council to let Mrs. Biggs take a buyout available to electric department employees.

        “The percentage of her time that was spent on the electric department was such that she would have an argument,” he said.

        By the time she elected to retire, however, Mr. Hayward was no longer city manager.

        On Dec. 28, 1999, council approved transfers that covered the $486,000 total cost of early retirement buyouts for Mrs. Biggs, then-City Attorney Bill Duning and then-Electric Department Director Bob Newton.

        When the buyouts became public knowledge in mid-January, council members said they were never told who the money was for and questioned whether the three were eligible.

        Special Prosecutor Patrick Hanley pointed out Wednesday that Lebanon's codified ordinances assign specific duties to the city auditor. Among them: “Assure that all city expenditures meet the intent of each appropriation (and) that council was aware of the intent.”

        Mr. Hayward said his interpretation was that the city auditor “would inform the city manager, and the city manager would inform council.”

        James Patrick, who was city manager in late 1999, has been charged with aiding and abetting Mrs. Biggs.

        The defense also called several current and former city employees Wednesday, most of whom testified that Mrs. Biggs' and Mr. Duning's intentions to receive the buyouts were common knowledge among staff.

        Mr. Duning, who was acquitted of charges of theft in office last month, and former Deputy City Manager Ed Patterson are expected to testify for the defense today.

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