Saturday, October 3, 2009

The Monroe County School Board attorney is researching whether the district can sue suspended Superintendent Randy Acevedo to recover the cost of investigating financial improprieties in the district and for taxpayer money allegedly spent on his re-election campaign.

The investigation cost the district about $200,000, and $2,251 in questionable purchases on Monique Acevedo's district credit card mirrored expenses on Randy Acevedo's campaign finance reports, which she filed as his treasurer.

"This is where we need legal opinion and why I want the lawyers to weigh in," School Board member Steve Pribramsky said. "What is he liable for and not liable for?"

School Board attorney Richard Collins is trying to determine whether the district can sue successfully. An attorney the board hired to counsel it specifically on the financial scandal first suggested the possibility.

"[Acevedo] is obligated by statute to protect the district's resources and ... can be held liable for unlawful expenditures he approved or paid," Latour Lafferty told the board in August. Lafferty, a Tampa attorney who specializes in public corruption law, did not return phone messages left at his office Tuesday.

During a School Board meeting in Key West the first week of June, before the governor suspended him, Acevedo promised to reimburse the district for the money spent on his campaign, Pribramsky said.

"Randy publicly said he'd make restitution for the campaign money prior to being indicted. He owes us a lot of money, starting with the campaign money," Pribramsky said. "Randy attempted to trivialize what [his wife allegedly] did. That's a diversion of public funds. The School Board reaction to that was to hire a forensic auditor, to clear our employees' good names."

Pribramsky was referring to comments Randy Acevedo made two days after his wife resigned as Adult Education coordinator amid accusations that she had used her district credit card for numerous personal purchases, saying it was "not uncommon" for employees to do so. Acevedo later said he was referring only to accidental use, not widespread fraud.

He since has been convicted on three counts of official misconduct for trying to cover up her alleged crimes, and sentenced to three years' probation, a $15,000 fine and eight hours a month of community service.

The question of the money Monique Acevedo allegedly stole could be another matter. If she's found guilty, the court could force her to repay some of that in restitution.

She is accused of stealing at least $184,000 in cosmetology fees; $118,000 through credit card purchases, reimbursements and vendor payments; and at least $1,000 in ninth-grade fundraising money.

jguerra@keysnews.com