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Water official charged with theft, misconduct

By DONG-PHUONG NGUYEN
Published October 15, 2004

TAMPA - Authorities arrested a Hillsborough County Water Department supervisor Thursday morning, saying he lied on his time card to collect more than $2,000 in overtime pay over a three-year period.

David Arthur Smith, 48, was taken into custody after he arrived at the County Center downtown for a meeting, officials said. His arrest is part of a larger ongoing investigation by sheriff's officials into misconduct in the Water Department, which saw its longtime head resign four months ago after questions were raised about bidding irregularities.

"As a result of the head of the Water Department resigning June 25, we just discovered this bit of information," said sheriff's spokesman Lt. Rod Reder. "Our investigation is continuing into other issues."

According to Reder, Smith is accused of submitting false overtime claims on at least 79 occasions from July 30, 2001, to March 25 of this year; he signed the Water Department's overtime verification forms for at least 37 of those occasions. Authorities charged Smith with 37 counts of official misconduct and grand theft.

Smith, who has worked for the county for 11 years, is a utility maintenance supervisor, officials said.

Smith's employment status is being reviewed. County Administrator Pat Bean said Thursday that she planned to meet with Human Resources today, and expects that Smith will be placed on some type of suspension.

The charges arise as a byproduct of complaints made last year by painting contractor Gerald Hicks, who said he was passed over for work that was ultimately given to an unlicensed contractor. A preliminary review by the county indicated that the situation might not be isolated.

Commissioners gave Bean permission to spend as much as $200,000 to hire outside consultants Ernst & Young to examine the allegation, along with claims there had been improper use of county credit cards, and a scheme to break up work awarded to outside contractors to skirt bidding requirements.

That investigation was put on hold so the Sheriff's Office could conduct its investigation, Bean said.

"I don't think the consultant would have necessarily identified only things that would be criminal," Bean said. "There are things in that report that would help us redefine the way we operate and make it a better operation."

Hicks' claims are still pending.

"This whole incident could have been resolved way back in September 2003, once it was discovered that the individual they awarded the contract to, that should have been awarded to me lawfully, had been removed from the project," Hicks said Thursday. "(This bigger) investigation may never have materialized."

Smith, who lives in Land O' Lakes, was the Water Department supervisor who oversaw the contract awards at the time. Sheriff's detectives say he was either heading into work or away from work while he claimed he was conducting county business on overtime.

"Any time that we have an employee who is arrested for some violation of the public trust, that is disturbing, of course," Bean said. "I'm supportive of the sheriff. He's taking the action he feels is necessary."

Times researcher Cathy Wos contributed to this report. Times staff writer Dong-Phuong Nguyen can be reached at nguyen@sptimes.com or 813 226-3403.

[Last modified October 15, 2004, 01:29:07]


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