Video Backs Calif. Officer in Ticket Challenge

June 15, 2012
An independent auditor who approved a reimbursement to Fort Ord Reuse Authority chief for a 2010 traffic fine, and impugned the reputation of the officer who wrote the ticket, may lose two of his contracts.

An independent auditor who approved a reimbursement to Fort Ord Reuse Authority chief Michael Houlemard for a 2010 traffic fine, and impugned the reputation of the officer who wrote the ticket, may lose two of his contracts.

A video of the traffic stop released to The Herald on Thursday clearly shows Houlemard running a stop sign in Carmel and then arguing with the motorcycle cop who pulled him over.

Monterey County Supervisor Dave Potter has called a special meeting of the FORA Executive Committee for Monday to consider terminating the contract of certified public accountant Ralph Marcello of Sacramento. Potter said he is questioning the accuracy of Marcello's audits given the "inappropriate" ticket reimbursement.

Carmel Mayor Jason Burnett said earlier he would pursue termination of Marcello's contracts both at FORA and with the city. Burnett was angered by Marcello's claim that Houlemard deserved reimbursement because of the conduct of the ticketing officer.

On Monday, Marcello said the officer "should have lost his job or been suspended ... that officer was way out of line."

The auditor then declined to explain what he meant, citing potential litigation. The open space group Keep Fort Ord Wild has filed a claim against FORA questioning several of Houlemard's reimbursements.

Pleasant to terse

The Carmel Police Department released a copy of the videotape of the traffic stop Thursday. Shot by the camera mounted on officer Steve Rana's police motorcycle, the video shows Houlemard's blue Mercedes running the stop sign at 2nd Avenue and Carpenter Street.

Within moments of being pulled over, a pleasant Houlemard tells Rana he and FORA Controller Ivana Bednarik are on their way to a meeting with then-Mayor Sue McCloud. He says he had no idea why he was pulled over.

Told he ran the stop sign, an apologetic Houlemard says he thought he stopped and was driving carefully. The cordial exchange grows terse, however, after Rana returns with Houlemard's ticket rather than a warning.

Houlemard asks if he did something "inappropriate" that made a warning unwarranted and then denies that he failed to stop.

Rana firmly tells Houlemard he hadn't even looked to his left before cruising through the stop sign at 5 to 10 mph. Had he done so, Rana says, he would have seen the officer parked on the side of the road.

When Houlemard continues to challenge, Rana invites him back to his motorcycle to view the video, which stops at that point.

Rana said Thursday he had to stop the camera in order to replay the video, three times, to Houlemard, who then left for his meeting.

The veteran officer said it disturbs him to have the Carmel Police Department "called out" without cause. Rana was the first Carmel officer to ask for a video camera on his police vehicle for replay purposes.

"It protects the officer and the public," he said.

Interim Police Chief Mike Calhoun said he reviewed the video and supports his officer.

"There's nothing unprofessional in his demeanor," Calhoun said. "He's just doing his job and I thought he did his job very well."

Marcello did not return a call Thursday. He said earlier, after his comments were published, that he would not have been so candid if he had known his comments would be reported. Houlemard, who has not responded since Keep Fort Ord Wild filed its claim, was out of the state on vacation and unavailable to comment.

Potter said he asked for Monday's meeting of the FORA executive committee to discuss the audits, as well as for closed sessions on ongoing litigation with the open space group and Houlemard's performance review.

The supervisor said the FORA board never sees detailed expense reimbursements, which are approved by Bednarik, who answers to Houlemard. Had he seen a reimbursement for a traffic ticket, said Potter, the chairman of the FORA board, he would have questioned it.

Legal and justified

Further review of the records released regarding Houlemard's expense reimbursements sheds new light while raising more questions.

The ticket was issued April 15, 2010. On May 27, 2010, Houlemard emailed Bednarik and her assistant, Marcela Fridrich, suggesting the fine may be eligible for reimbursement because he was on FORA business.

Bednarik said this week that she called Marcello, who told her the reimbursement was legal and justified. A check was issued to Monterey County Superior Court for $271, which Bednarik said included $212 for the fine and $59 for a processing fee to allow Houlemard to complete traffic school.

She said the FORA board would have a monthly list of outgoing checks identifying the payment only by check number, the amount and the recipient, the court.

Houlemard's reimbursement for his online traffic school was handled differently. The executive officer provided a receipt to Bednarik's assistant, Fridrich, who filled out an expense reimbursement form for him. The $24.95 cost was then paid out as part of his paycheck.

Bednarik, who approved the payment, said the board does not see payroll documentation. Both the traffic fine and traffic school-related costs were paid from FORA's general fund travel account.

Cost of DSL

Also listed on that expense form was the $54 cost of Houlemard's residential DSL account for June and July 2010. The reimbursement was paid from the general fund's communications account.

Bednarik said Houlemard has been claiming his residential DSL as an expense since 2005, when he was forced to work from home for a period after he had heart surgery.

She said Houlemard, whose annual salary package tops $225,000, is the only FORA employee who receives reimbursement for his home computer and that the agency has reimbursed no other traffic fines.

"This is the only traffic ticket we ever processed," she said. "I just then relied on the advice of the auditor. We all know now it was wrong."

She said Houlemard asked her to deduct the costs of the ticket and traffic school from his next check immediately after Keep Fort Ord Wild filed its claim.

Potter said FORA's finance committee, not Marcello, should have been asked about the reimbursement. Beyond Marcello's contract, he said, he wants to discuss a better level of scrutiny and documentation on FORA's expenses.

Virginia Hennessey can be reached at 753-6751 [email protected] .

Copyright 2012 The Monterey County HeraldAll Rights Reserved

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