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Wayne County approves retroactive MOU to invoice state for executive protection of Attorney General; audit questions raised
Summary
The county approved a five-month memorandum of understanding to invoice the Michigan Attorney General's office for executive protection provided at Attorney General Dana Nessel's residence, but county counsel and auditors flagged control failures because services were rendered and some payments accepted without a current contract.
Wayne County commissioners approved a five-month memorandum of understanding (MOU) to bill the Michigan Attorney General's office for executive protection services the Wayne County Sheriff's Office provided at AG Dana Nessel's residence. Committee discussion focused on internal-control failures and why services were rendered and payments accepted without a valid contract during multiple past periods.
The sheriff's chief of administration told the committee the office had provided protection since 2022 and that an extension for October 2023 through September 2024 was not submitted for commission approval after staff turnover. The chief said the county was invoiced and that payments for a prior period were received and deposited into sheriff's office revenue units. The current MOU before the committee covers services provided October 1 through February (the transcript indicates the retroactive period ended Feb. 28) and carries a not-to-exceed amount stated in committee remarks as $106,250.
Commission counsel told the committee the retroactive performance and acceptance of payment without commission approval appears to violate the county charter. Counsel said: "section 120-50a of our charter prohibits payment or performance on a contract prior to commission approval." The counsel also described concerns about how invoices were accepted by accounts-receivable and why the county accepted payment "without any agreement in place."
Auditor general staff offered to perform a quick review of controls around the receipts and to examine how the county's accounts payable and accounts receivable processed the invoices. Commissioners asked the sheriff's office for steps to prevent recurrence. The sheriff's chief said he has directed finance staff to attach contracts or resolutions to billings and described staff turnover as a reason the renewal was missed.
Commissioners approved the MOU by voice vote after discussion and motions. Several commissioners said the situation "looks bad" and recommended written follow-up from accounts-payable/receivable and a brief auditor review to document how funds were accepted without a current contract.
