State: Unpaid joint fire district employee taxes led to $7,355 in penalties, interest

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COLUMBUS – A former fiscal officer racked up $7,355 in penalties and interest by failing to pay employee taxes for seven years, according to an audit of the Clinton-Highland Joint Fire District released Thursday by Ohio Auditor of State Dave Yost.

“Negligence and poor training are the most common causes of financial penalties assessed to local governments,” Yost stated in a press release. “It appears both played a role in this fiscal officer’s repeated failure to carry out a fundamental duty.”

Former fiscal officer Sidney Clay withheld required employee income taxes from 2009 through 2015, but he did not properly submit the funds to the state, the City of Wilmington or the IRS, according to Yost.

As a result, the district was charged $5,514 by the state and $1,841 by Wilmington in penalties and interest. The district is working with the IRS to determine the amount of penalties owed to the federal government.

“The interest and penalties assessed against the District serve no proper public purpose for the District and could have been avoided had the funds been remitted as required by law,” auditors wrote.

During the audit, the district paid the overdue tax withholdings to the state and to Wilmington, and it is in the process of submitting payments to the IRS.

Auditors issued a $7,355 finding for recovery against Clay for the penalties and interest charges. He paid $5,514 to the Ohio Department of Taxation on Aug. 26. The City of Wilmington waived the remaining $1,841.

On Oct. 24, 2016, Clay was indicted on 20 fifth-degree felony counts of failure to remit state income taxes withheld from an employee, Yost reported, and Clay resigned from his position two months later.

A pre-trial hearing is scheduled for 3 p.m. on May 30.

To view the complete report, visit wnewsj.com.

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