The Herald Bulletin

November 24, 2009

State sues former Chesterfield officials

Suit aims to recover funds plus penalties

By Dave Stafford, Herald Bulletin Staff Writer

ANDERSON, Ind.­ — Five former Chesterfield officials have been sued for potentially more than $1 million for allegations of misappropriation of public money and fraud uncovered in a recent audit.

Indiana Attorney General Gregory F. Zoeller on Monday filed an 18-count civil complaint seeking as much as $1,305,518 from the former officials and the bonding companies that insured their professional performance. Damages are sought from former Clerk-Treasurer Christopher Parrish, ex-Town Marshal James Kimm, former police officer Joseph Brown, former maintenance superintendent Christopher Walters, and ex-maintenance worker Chris Walters.

The suit also seeks damages from two companies that insured the public performance of the officials during their time as town employees. Fidelity and Deposit Company of Maryland and Ohio Casualty Insurance Company face potential damages of up to $267,000, according to the suit filed in Madison Circuit Court.

“It’s a very serious matter, no question about that,” said Bryan Corbin, policy and litigation public information officer for the attorney general’s office.

Aside from the missing money, ”People pay taxes and expect tax dollars are going to be used as intended,” Corbin said. “That really harms the public’s trust in government, I would think.”

Parrish is named in each of the 12 counts that involve what the suit calls “acts of misfeasance, malfeasance and nonfeasance which resulted in the misappropriation, diversion, and misapplication of public funds.”

“The nature of the breach by Parrish was so egregious as to constitute gross negligence or an intentional disregard of his duties,” the suit alleges.

The damages sought in the suit include the following, each with a request for treble damages, which could, in addition, triple the amount the state is seeking:

* $31,535.91 from Parrish, for personal services, improper travel reimbursements and other unsupported expenses.

* $54,253.06 from Parrish and Kimm for falsified travel reimbursements.

* $115,391.44 from Parrish, Kimm and Brown for payments to repair town equipment that was never done.

* $15,852.88 from Parrish and James Walters. The suit claims “Walters wrongfully or negligently received wages and benefits” in that sum for hours not worked.

* $4,992.76 from Parrish and Chris Walters for payments to Walters for hours not worked.

Corbin said the notice of the suit was being served on the five former officials.

It’s unclear whether criminal charges will be filed as a result of the audit. Corbin said those decisions are up to local and federal prosecutors.



Contact Dave Stafford: 648-4250, dave.stafford@heraldbulletin.com