County clerk facing forgery, theft counts

Unapproved bonuses at hub of case

An initial investigation of unauthorized bonuses paid to Jefferson County employees resulted in the arrest Wednesday of Jefferson County Clerk Patricia Royal Johnson.

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Johnson, 67, of Pine Bluff was booked into the Jefferson County jail at 1:13 p.m. Wednesday and was released without bond by 2:04 p.m., according to the Jefferson County jail inmate roster.

The three-term county clerk is charged with 10 counts of forgery, one count of abuse of public trust and four counts of theft of property, special prosecutor Jack McQuary of Little Rock said.

"When myself and a special agent went to swear out this affidavit, we informed the judge that we had no fears of her running or anything," McQuary said. "Bond is nothing more than making sure they appear in court. We have no fear of her fleeing."

Phone messages left for Johnson at her office were not returned as of late Wednesday. A working phone number for her was not found.

The first hint of an investigation into Johnson's office came in October, when Jefferson County Prosecuting Attorney Kyle Hunter asked a judge to appoint a special prosecutor to supervise the probe.

An Arkansas Legislative Audit report released in February showed that since 2009, Johnson had issued more than $60,000 in bonuses to employees without seeking approval from the Quorum Court, which is required by law.

The audit also showed that Jefferson County Sheriff Gerald Robinson issued $10,000 in bonuses to his employees in 2013 and authorized more than $87,000 in unused holiday pay to jail and sheriff's office employees who resigned or were terminated between 2009 and 2013, all without seeking approval from the Quorum Court.

The investigation -- which is being conducted in cooperation with the Arkansas State Police -- is ongoing. McQuary said he could not comment when asked if additional charges could be filed against Johnson or if additional people could be arrested.

Jefferson County Justice of the Peace Ted Harden said additional arrests are "certainly a possibility."

"I just feel it is a tragedy that we have an elected official that would abuse their office like this," Harden said. "The county has been in dire straits for the past couple of years. Insurance for employees has gone up, and we have not been able to give employee raises.

"It is a sad situation when an elected official circumvents the law. She did it out of her own volition. If there is anything sacred in county government, it's salaries."

The audit also showed that Johnson "prepared payroll documents which indicated the employees were being compensated for overtime worked. The number of overtime hours reflected on this document (970) far exceeded the number of overtime hours actually worked (55), according to time clock reports."

The county's personnel policy requires that salaried employees receive compensatory time rather than overtime.

The audit also showed that Robinson's office gave more than $34,000 in accrued compensatory time and more than $16,000 in unused sick leave between 2009 and 2013. More than $5,000 in overpayments also were made for employees, which the audit said appeared to be the result of clerical errors by the county clerk's office.

Harden said he does not believe any charges will be filed against the employees who received the additional money.

"I've talked to our prosecuting attorney on several occasions. As I understand it, it's not the employees who committed the crime. It's the elected official," Harden said. "If the investigation finds some form of collusion between the employees and the official, then that's a different situation."

Phone calls to Hunter, as well as to County Judge Dutch King were not immediately returned Wednesday.

McQuary said Johnson will appear in court for a plea and arraignment "at some point in time," and motions for discovery, or evidence-gathering, will be made for both sides. A probable-cause hearing is typically required within 48 hours of an arrest, but McQuary said in Johnson's case the judge had already determined that there was probable cause for an arrest.

The case will be heard in 1st Division Circuit Court in Pine Bluff, but McQuary said the judge may recuse himself from the case to avoid an appearance of a conflict of interest.

"If he recuses, the administrative offices of the court will appoint a special judge," McQuary said.

Johnson was not in the county clerk's office Wednesday afternoon, according to an assistant who answered the telephone there.

Scott Perkins, a spokesman for the Association of Arkansas Counties, said there is nothing in state law that prohibits Johnson from returning to her job.

"She is only charged with a crime at this point," Perkins said. "Until it is adjudicated, she can return to work."

Harden said it would not "be advisable" for Johnson to return to her office at this time, however.

"I would certainly hope she does not show up," Harden said. "This is just another strike against the public trust. Unfortunately we've been down this road before. It just behooves the constituents to fully investigate who you vote for."

A Section on 03/26/2015

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