Jan. 4—The 2022 Ashtabula County audit is being contested by outgoing Ashtabula County Prosecutor Colleen O’Toole, who filed a lawsuit against Ohio Auditor of State Keith Farber over expenses deemed inappropriate in the audit.
“On December 31, 2024, the Ohio Auditor of State’s Office released the audit of Ashtabula County’s government entity for 2022. This audit was not completed nor released as traditionally done in the following year, but was delayed due to additional examination,” Ashtabula County Commissioners Kathryn Whittington, J.P. Ducro and Casey Kozlowski and former Ashtabula County Auditor and now State Representative David Thomas said in a statement.
The commissioners said the 2022 audit is now available for public review on the website of the state or county auditor.
“It is the hope of Ashtabula County’s leadership that this case is handled swiftly and the factors are discovered. We cannot comment on the details on an ongoing lawsuit,” the commissioners stated.
The audit findings in question involved expenses from the Furtherance of Justice Fund and the Law Enforcement Trust Fund, as well as improvement projects to the prosecutor’s office.
The issues involved expenses totaling $3,794.14. The state auditor found improper use of the Furtherance of Justice Fund, of $2,173.15, and the Law Enforcement Fund for $1,620.99, according to Franklin County Court records.
After the audit was filed, O’Toole filed a lawsuit on Dec. 26, 2024 in Franklin County Court, seeking declaratory judgment and preliminary injunctive relief.
O’Toole stated in the lawsuit expenses were appropriate for both funds.
The expenses in question included $500 to Ashtabula County Children Services, the purchase and donation of 12 community gift baskets totaling $600 for crime victims through the Victims of Crime Assistance Office, and chocolate for local law enforcement.
“Prosecutor O’Toole asserts and has provided sufficient evidence to show these expenditures are consistent with past practices that have not resulted in findings for recovery,” the lawsuit states.
The lawsuit states O’Toole paid back $68.99 to the FOJ Fund May 13, 2024, and $27.26 to the LETF fund Sept. 19, 2023 for several expenses.
The audit claimed $2,927.20 for floor remodeling of the prosecutor’s office and $1,675 for new furniture should have come from prosecutor’s office’s operating costs.
“Flooring and furniture are operating costs to the Prosecutor’s Office, and there has not been evidence to show how these expenditures constitute a law enforcement purpose,” the audit stated.
A finding of $4,000 for a bathroom repair project was also deemed to be outside the parameters of LETF allowable uses, the audit states.
In the lawsuit, O’Toole said both expenditures were within the allowable use of the two funds.
“O’Toole will suffer irreparable harm to her reputation if the findings of recovery are allowed to go into effect before this court rules on her request for declaratory relief,” the lawsuit states.
Thomas said he hopes to clarify the process through legislation when the state legislature kicks into full gear.
“I plan to introduce legislation placing checks and balances on Furtherance of Justice and Law Enforcement Trust fund dollars which are held outside of the country treasury and away from the public eye,” he said. “I have seen from my experience as county auditor our public tax dollars need better protection. The ability for this slush fund of taxpayer money to be used at the sole discretion of county prosecutors is not how taxpayer dollars should be spent.”