Jones-Kelley regrets allowing database
searches
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Related: Read the Ohio Inspector General's full report
Related: Search system now has better security
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
Montgomery County.
"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" JonesKelley'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 Stivers School for the Arts in Dayton. JonesKelley 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.