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As news spread about possible missing money from the Department of Social Services Christmas charity, Harry Lomax and other donors contacted Mecklenburg County leaders to complain.
"I feel duped," Lomax wrote in an e-mail to county commissioners and top administrators.
But Lomax likely did not anticipate County Manager Harry Jones' response.
Jones forwarded the e-mail to Lomax's employer, Bank of America, and wrote, "Do you know Harry Lomax."
A Bank of America vice president replied to Jones about one hour later, writing that she was "embarrassed" by Lomax's e-mail.
"I am tracking it down. I don't know him - I have alerted charles. Will be back to you," she wrote.
Some commissioners and ethics experts now say the actions by Jones and the bank official were improper because they could stifle free speech and blur the lines between employment and citizenship.
It's unclear how Jones knew Lomax worked at Bank of America. Lomax sent his message from a personal account and did not mention the bank by name.
"It is not appropriate," said Diane Swanson, a professor of business ethics at Kansas State University. "If this happened all the time, what kind of world would we have?"
The Observer obtained the e-mails from the county through an open records request. They provide a glimpse into how top Mecklenburg administrators reacted to reports of misspending and accounting lapses at the Department of Social Services.
Worried donors wrote to commissioners and county executives after auditors disclosed that they could not account for tens of thousands of dollars from a charity designed to buy Christmas presents for needy children.
Some county commissioners said they do not understand why Jones forwarded the e-mail from Lomax to his employer when he was speaking as a citizen and not on behalf of the company. They said they would question Jones about it.
Public officials publish their phone numbers and e-mail addresses to allow constituents to voice concerns and ask questions. They also set aside time during public meetings to listen to comments from constituents.
"Citizens are able to vent frustrations without thinking that (county) management will get their employer to engage in some retribution," Commissioner Bill James said. "This makes the county look bad. It makes Harry look vindictive. It makes Bank of America look like the county's hatchet man."
Jones did not respond to interview requests from the Observer. A county spokesman referred a reporter to a statement the county released, but it does not directly address questions about Lomax's e-mail.
Nicole Nastacie, a spokeswoman for Bank of America, said "on their personal time, employees are free to express personal opinions" to government officials about any issue that is not related to the company.
Betty Turner, the bank's government liaison who responded to Jones, suspected that Lomax's e-mail involved issues related to the bank and appropriately looked into the situation, Nastacie said. When she determined Lomax was speaking as a private citizen, there were no further discussions, Nastacie said.
Lomax declined to comment.
The e-mail
On July 7, Lomax sent his e-mail to commissioners, Jones, DSS Director Mary Wilson and County Finance Director Dena Diorio. He wrote that he had planned to speak during a commissioners meeting the same day at the urging of Commissioner Neil Cooksey.
Lomax wrote that he left before speaking and decided to e-mail his comments.
The e-mail criticizes county management for failing to prevent accounting failures and accuses some commissioners of a "flippant, hands-off response" to the issue. "There seems to be a need for a wholesale cleanup of many county agencies, and I think that starts from the top down," Lomax wrote.
A week after receiving the e-mail, Jones forwarded it to Turner.
Commissioners respond
Commissioner Karen Bentley said Jones should not have sent the e-mail to Bank of America.
"It should have no bearing on his job," Bentley said. "That's his right."
Commissioner Dumont Clarke called the move "unusual."
Clarke and some other commissioners said they would need more information to judge whether Jones acted appropriately.
"It's not a good practice for the manager to do," Clarke said.
Commissioner Chairman Jennifer Roberts said she would try to contact Lomax to speak with him. "I don't read anything into this," Roberts said. "Maybe Harry was trying to make sure Bank of America didn't feel duped."
Four business and government professors reviewed the e-mails for the Observer. Three said Jones did not have a valid reason to forward Lomax's e-mail since he did not mention his employer by name or present himself as a representative of the company.
"Given these circumstances, one would expect a public official to respond directly to Mr. Lomax and not contact his employer," said Denis Arnold, a professor of business ethics at UNC Charlotte.
Winthrop professor Marilyn Smith disagreed.
Considering public outcry over alleged misspending in DSS, Smith said it understandable that Jones would contact Bank of America. The bank also reacted appropriately, she said.
"To a certain extent, we represent our employers 24/7," said Smith, a professor of management. "We like to think it's my own personal opinion. Companies are judged by how their employees behave, fair or not."
