“You’ve always had the ability to suspend him, you told me you have the ability to do this but you still did not suspend him,” Dye, a former U.S. Secret Service agent said.
Dye has accused Galloway, who serves a dual role as township administrator and fire chief, of nepotism, serving two administrative roles with the township and double-dipping his salary, the most serious alleged infraction.
He said Galloway was paid his regular $93,000 annual salary and also received pay the township was reimbursed by the state of Louisiana when the chief was deployed with the Ohio Emergency Management Agency to help with Hurricane Ida last year.
When Galloway explained he took comp or vacation time, Dye said at the last meeting “if you have to explain it to me you can explain it to an investigator. It’s very clear what occurred here; you were paid twice for your salaried pay and you claimed it in writing to a government agency ... there are two crimes that occurred there.”
Trustee Tom Brucker said they haven’t put Galloway on leave because “he’s innocent until proven guilty” and told the Journal-News they are in a tough spot.
“Our thought is if we put him on administrative leave we’re going to catch it from the other side that says now you’re letting him sit at home and you’re paying him,” Brucker said. “It’s a Catch 22 but until we get something definitive that we can either dismiss it or proceed with criminal charges or wherever it goes, we feel that he’s not threat.”
The Ohio Revised Code states: “An appointing authority may, in its discretion, place an employee on administrative leave with pay. Administrative leave with pay is to be used only in circumstances where the health or safety of an employee or of any person or property entrusted to the employee’s care could be adversely affected.”
Unpaid administrative leave is only authorized if the person has been charged with a felony.
Records obtained by the Journal-News show Galloway received his regular bi-weekly paychecks for $2,557 for Sept. 5 through Sept. 18 and Sept. 19 through Oct. 2 as usual. Then another direct deposit for $5,313 for hourly and overtime wages for the first pay period and $3,456 net for the second. He was in Louisiana from Sept. 10-24 and worked a total of 88 regular hours and 138 of overtime.
When local jurisdictions send their people to assist with national emergencies like hurricanes, wildfires and floods the state where the disaster happened pays for time and expenses.
Dye told the trustees last month he had been advised to contact the Ohio Auditor’s Office and Ethics Commission. A partially redacted complaint has been filed with Ohio Auditor Keith Faber’s office and it states Galloway “has stolen $5,809 in public funds that were intended for the township.”
“It is my strong belief that the Chief has defrauded the community of significantly more money...,” the email dated Sept. 13 reads. “Additionally, I have a real concern that based on his position as administrator, he will take steps to destroy documentation of his past crimes to avoid prosecution.”
Marc Kovac a spokesman for the auditor’s office confirmed their special investigations division has opened an investigation but couldn’t comment further, including on possible repercussions if Galloway has done something wrong. Dye told the trustees this week he has also filed a complaint with the Attorney General. That office does not confirm when they are investigating someone.
After Dye accused Galloway of wrongdoing — a three-hour executive session last month — the trustees hired Clemans Nelson, a firm that specializes in human resources to handle the investigation. The trustees have an executive session scheduled for tomorrow with their consultant Ryan Woodward who is handling the investigation. Brucker said he has been told it could take as long as 18 months but told the Journal-News “we’re not anticipating that but it’s a possibility.”
When Dye questioned the fact Galloway is still working, Bruck also pointed to the fact Butler County Auditor Roger Reynolds has been indicted and remains in office pending his December trial.
Reynolds initially was indicted Feb. 9 on five counts for bribery and leveraging his public office to further his own interests. He now faces four felonies and two misdemeanor counts after another felony count was approved. His trial is scheduled for December.
Following the indictment Attorney General Dave Yost’s office — they are handling the case — asked Ohio Supreme Court Chief Justice Maureen O’Connor to initiate suspension proceedings against Reynolds. O’Connor was required to appoint what is called a 3.16 Special Commission, comprised of three retired judges, which she did on March 1. They were charged with making a preliminary determination on temporary suspension and that panel declined to remove him.
“The Special Commission finds that Mr. Reynolds’ actions, as set forth in the charges, are not sufficiently related to the performance and duties of his office so as to warrant suspension,” the decision reads. “There is an insufficient nexus between the alleged acts in the Attorney General’s request for suspension and the functionality of the Butler County Auditor’s office.”
After the last meeting, Brucker told the Journal-News they have been scouring their records trying to decipher what happened. He said Galloway and firefighter Tony Shroyer were both deployed for Ida. The time for Shroyer — who is paid hourly — was properly reimbursed.
“Galloway on the other hand took his paycheck, his salary and then turned in the time sheets for both straight and overtime, he was only eligible for overtime,” Brucker said. “So the straight time pay for those two pay periods are what are in question. We’re looking to see if it was an oversight or it was deliberate.”
Galloway told the Journal-News he can’t comment at this time.
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