By Shawn P. Williams – Dallas South News Editor
The investigations lead by Defenbaugh and Associates, Inc. into Dallas County constables Offices Precinct 1 and 5 has now turned its focus to Kwanzaa Fest. A 26 page document released by the Dallas County Commissioner Court is part of an investigation summary lead by Danny Defenbaugh is titled Investigation of Improper Employment Practices by Dallas County Constable Offices Precinct 1 & Precinct 5.
According to the report, the investigation found that appx. 49 Dallas County Precinct 1 and 5 Deputy Constables provided security services for Kwanzaa Fest 2007 & or 2008 earning compensation from Dallas County exceeding $15,164. The report alleges Constables Derick Evans and Jamie Cortes mandated a minimum of 22 constables provide security who were not compensated for their time.
A list of those allegedly “intimidated and coerced to provide security services” without compensation is included in the report. Many of those listed provided security in both 2007 and 2008. Dallas County payroll records examined by Defenbaugh & Associates show a total of 508.30 hours were worked by 49 Precinct 1 and Precinct 5 during Kwanzaa Fest 2007 and 2008.
The investigations says that security for non-County events (Kwanzaa Fest, Inc. is a 501(c)(3) nonprofit corporation) is generally compensated by the event sponsor. Federal Tax filings for Kwanzaa Fest included in the investigation documents did not reflect compensations to Dallas County for the hours worked by constables.
The investigation also refers to an email sent through the Dallas County computer network to Dallas County employees making them aware of Kwanzaa Fest. The email alerts Dallas County employees how to receive 4 free tickets, where the event will be held, gives information about Kwanzaa Fest as a tax exempt organization.
The Defenbaugh Investigation says they requested documentation of financial records regarding Kwanzaa Fest have been denied. The report says refusal to provided those records is in violations of Internal Revenue Service compliance laws.
The findings have been turned over the Dallas County District Attorney’s Office. Four recommendations are made in the document:
- All Dallas County Precinct Constables must obtain contracts approved through the Dallas County Commissioner Court for the provisions of security servics for a non-Dallas County sanctioned/sponsored event.
- Reimbursement to Dallas County for security services provided by Dallas County Constables Precincts 1 and 5 for Kwanzaa Fest 2007 and 2008 should be sought, as this is not an event funded by Dallas County taxpayers.
- Dallas County should conduct an audit of 2009 Kwanzaa Fest event and years prior to 2007 in order to determine the extent of non-payment for security services provided.
- Dallas County employees should be reminded of County policy with regard to the prohibition of initiation of electronic mail and the Internet for commercial ventures, religious or political causes or other non-county sanctioned activities.
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