State probe of city finance director determining whether laws broken on ‘cash out’ of unused leave

PORT ANGELES — The State Patrol will investigate whether the head of the city’s finances broke state law by authorizing $28,862 in payments to herself through a program that allows employees to “cash out” unused leave, according to Port Angeles City Manager Kent Myers.

Myers announced in a statement Wednesday that the investigation — which comes two months after a state auditor’s report highlighted limited oversight of the program — will start this week.

Finance Director Yvonne Ziomkowski has denied any intentional wrongdoing. She was placed on paid administrative leave Tuesday pending the completion of the investigation.

Ziomkowski has pledged to repay the funds, which went toward her retirement.

Myers, who last month placed additional oversight and controls over the cash-out program, said no determination has been made on whether any laws were broken.

“As city manager, I have a legal and ethical obligation to ensure that this incident is fully investigated and that, if a crime has been committed, proper action is taken,” he said.

Myers said he had consulted with Clallam County Prosecuting Attorney Deb Kelly, who recommended the State Patrol conduct its own investigation.

Kelly was out of town Wednesday attending to a family emergency and couldn’t be reached for comment.

Clallam County Chief Deputy Prosecuting Attorney Mark Nichols said the office sometimes recommends the State Patrol conduct an investigation involving local governments to avoid any conflict of interest.

The State Patrol referred all comment to Myers.

Ziomkowski received the payments by cashing out 896 hours of unused leave since January 2009, far in excess of city policy that allows employees to turn between 80 and 120 hours of leave each year into cash or be contributed toward retirement.

Because of an unexplained change in the city’s cashout forms for nonunion employees, Ziomkowski was the only administrator approving her transactions.

Previously, city manager authorization was required.

The finance director said she was following direction given to her by former City Manager Mike Quinn in 2005, who also had authorized Fire Chief Dan ­McKeen and then-Police Chief Tom Riepe to get rid large amounts of their leave.

Myers said the authorization for Ziomkowski was limited to 2005 — during Quinn’s tenure as city manager — and no longer applied. Quinn is now a city manager in Florida.

Mayor Cherie Kidd said she is a “bystander” to the investigation and couldn’t comment on whether she believes any wrongdoing occurred.

Kidd called Ziomkowski an “exemplary, hardworking employee” and said she looks forward to the completion of the investigation.

“She is a role model for everyone and I’ll be glad when it’s finished,” Kidd said.

The city now requires all cash outs to be approved by the city manager and human resource manager.

They also must be limited to one per year.

Last month, Myers also reimbursed the city $1,442 for cashing out 20 hours of leave that exceeded the city’s policy.

He said the overdraft was unintentional.

Kidd said she expects the City Council will review the city’s cash-out policy, and possibly recommend changes.

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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

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