Did courts hide violations?

Audit had found misuse of purchasing contracts

Published: Saturday, Oct. 1, 2005 10:36 p.m. MDT
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Utah court officials admit they were aware of state purchasing policy violations from within their offices and took steps to fix them. But did they also take steps to keep the news of their mistakes from reaching the Legislature?

Now at least one legislative leader has said the court's purchasing practices deserve a closer look in light of an internal audit obtained by the Deseret Morning News.

Specifically, questions have been raised over the misuse of two state purchasing contracts by the Administrative Office of the Courts. An internal audit indicates court officials went beyond the scope of one purchasing contract for services that were not covered. Also, one state official says the AOC was also using a state contract with two companies that expired almost a year and a half ago.

An internal audit conducted by the Administrative Office of the Courts concluded that state purchasing practices were not followed in the purchase and installation of audio/video recording systems for courtrooms.

The audit says the AOC purchased $1.2 million in equipment from Court Vision Communications and also paid the company an additional $269,124 for maintenance services that were not part of the state purchasing agreement.

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While the audit concluded that there were no indications that AOC employees intentionally skirted state laws and policies, or had any apparent conflict of interest, it did recommend a need for further training in state purchasing practices.

But there are indications of other problems with AOC purchasing practices that were not covered in the May audit.

In a letter sent to Legislative Auditor General John Schaff, independent court consultant Lynn Packer expressed concern that the AOC had been purchasing products and services under a state contract that had expired in March 2004. AOC officials acknowledged that they did not know the contract was invalid until about two months ago.

Packer writes that the state's contract with Sirius Computer Solutions and Software Technology Group of Utah was investigated as part of an audit conducted into allegations of favoritism and questionable contract dealings by former state chief information officer Phil Windley, who resigned in December 2002 amid the allegations.

After the legislative probe, the contract was left to expire in March 2004, said Doug Richins, director of the Utah Division of Purchasing.

Richins said he recently noticed that AOC had continued to use the expired contract and had placed a call to the courts saying so.

Figures obtained by the Deseret Morning News through a Government Records Access and Management Act request showed the AOC had purchased $96,332 worth of services under the contract. Those services were to create a computerized case file system for the juvenile courts.

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