Mosquito Control District Commissioner Dick Rudell says he does not want district funds to be used to cover the cost of defending employees or commissioners charged with felonies.

The issue comes before Florida Keys Mosquito Control Board as the Monroe County State Attorney's Office is investigating whether district officials violated purchasing policies, and whether a high-ranking employee gave company cell phones to his daughter and wife.

Rudell has called for a discussion at Monday's board meeting in Marathon about what legal expenses the district should cover.

Rudell said he understands the need for representation when commissioners are accused of violating open-meeting laws and other minor misdemeanors -- but felonies are a different story.

"The district has insurance to cover legal fees, but I don't want them used on people charged with felonies, as that will jack up insurance costs."

Commissioner Steve Smith called for a similar discussion last month, after the state attorney launched his investigation. Smith said he wanted to know what the district's policy covered regarding legal representation. The district has policies that allow employees to be reimbursed for legal costs stemming from unsubstantiated accusations, Smith said. But there is a lot of paperwork.

"It's not like they can go out and hire an attorney and hand us a bill," Smith said.

Nearly a decade ago, Smith and other commissioners were making major changes to the agency and its staff that did not sit well with some who complained to the State Attorney's Office, Smith said. At the time, Smith and board member Bill Shaw were accused of violating Sunshine laws, but were eventually cleared.

"It went on and on," Smith said. "I don't want a commissioner to be raked over the coals and not have any legal coverage."

Monroe County State Attorney Dennis Ward has embarked on several investigations into government agencies since being elected in October 2008. Prosecutors are now reviewing a 2007 case in which Mosquito Control District Superintendent Mike Spoto gave company cell phones to his daughter and wife, and the district paid roughly $5,200 in telephone bills the family racked up, according to Assistant State Attorney Mark Wilson. Prosecutors under the previous state prosecutor looked into the case but did not file charges against Spoto or fire him. The district ordered Spoto to repay the money in 2007 and suspended him for two weeks, records show.

Wilson also is looking for a $24,000 contract the district entered into with Protection Plus. The contract was granted without seeking bids, which violated district purchasing policies. Protection Plus billed the district on five separate occasions for an ongoing project at the district's helicopter hangar at Florida Keys Marathon Airport. The work included installation of video conferencing equipment and other electronics, Wilson said. The contract was split up, but the work was all part of one project and should have been part of one contract, Wilson said.

Wilson also has been reviewing invoices related to the purchase of four all-terrain vehicles from Honda Key West. The four vehicles, which totaled $20,274, were purchased on two separate occasions in November and December 2007, district records show. All purchases and contracts more than $15,000 must be put out to bid, according to policy.

"I appreciate him looking at this stuff," said Smith. "He's going out there and shaking the bushes and that is a good thing."

tohara@keysnews.com