An attorney representing Mary Clark has filed a motion to dismiss the case against the former Ortonville clerk/treasurer accused of willful neglect of duty by a public officer.
Josh West filed the motion Feb. 9 during a pretrial conference in front of 52-2 District Court Judge Joseph Fabrizio.
‘The charge is willful neglect and a mere mistake on her part does not rise to willful neglect of duty,? said West. ‘Even if she made a mistake in accounting, it does not rise to the level of willful neglect. Our position is the case law does not support the current charge, based on the facts.?
Clark, 55, was arraigned on the willful neglect of duty charge, as well as an alternative count of willful neglect of duty by a public officer, on Dec. 22 in 52-2 District Court and released on a $1,000 personal bond. No other charges are planned.
The Oxford resident was employed by the village of Ortonville in 2003 and served as clerk/treasurer until she resigned in November 2007 amidst an investigation into her accounting practices. An audit by Lewis & Knopf confirmed inadequacies and Village Council President Ken Quisenberry said at the time that checks made out to the village that had not been cashed and were placed in a filing cabinet. The checks were eventually cashed, but some had been around for a period of time.
No criminal investigation was planned at the time of her resignation, but on June 13, Quisenberry contacted the Oakland County Sheriff’s Office and filed a complaint of suspected embezzlement by Clark after two village residents who paid their taxes in cash to the former treasurer received a late notice from the county.
According to police reports, the taxpayers had receipts showing they had paid their bills on time, in July and September of 2007, respectively. Clark had collected a total of $1,387.52 from the two residents, but never recorded the transactions.
Following a police interview, it was determined that Clark recorded tax payments after money was deposited in the bank, and not at the time the money was received. The money in question was never deposited, resulting in delinquent notices for the two taxpayers. Clark had no explanation for the missing funds.
‘There were other people in the office who had access to the money and the deputy treasurer was making deposits also,? West said. ‘There are more players in the game and I think there is doubt here. She can’t be held accountable based on current case law.?
Paul Walton, chief of the warrants division at the Oakland County Prosecutor’s Office, declined to comment.
A pretrial and motion hearing has been set for 1:30 p.m., March 16, in front of Fabrizio.