NEWS 8 INVESTIGATES
Collin County commissioners are spending hundreds of thousands in taxpayer dollars trying to prevent someone from accessing a software program, and it isn't a hacker.
Instead, the commissioners are using the money to keep a Collin County auditor from doing his job.
Collin County commissioners have sued Don Cozad in an attempt to keep him from auditing one particular software program. It has turned into an expensive battle at both the courthouse and the state House.
Like most major counties in Texas, Collin County offers its residents the ease and convenience of online access to courthouse records. The software program is called Odyssey. It costs Collin County taxpayers an estimated $7 million, which makes it a valuable asset and in turn attracted the interest of Cozad.
For 14 years, Cozad has been in charge of protecting taxpayer dollars and assets from fraud and waste. The plaques on his office wall represent some of the highest honors in government financial accounting.
"I take pride in what I do," he said.
But when Cozad requested access to audit the Odyssey software, Collin County commissioners told him no.
They said it would cost too much money and it wasn't his responsibility. However, Dallas County's auditor requested and received similar access. And according to U.S. Government Accountability Office standards, governmental "auditors should assess the sufficiency and appropriateness of computer processed information."
"That means, precisely, that I should be familiar with the internal workings of the computer system itself," Cozad said.
To be sure of his interpretation, Cozad requested a formal opinion from the Texas Attorney General's office. While that opinion could have settled the issue at no cost to taxpayers, an opinion was never given. Before the attorney general could rule, Collin County commissioners hired the law firm Gardere Wynne Sewell LLP to sue and stop Cozad.
"Giving the auditor internal access to department functions would defeat his role as an independent examiner," commissioners gave as their reasoning behind the suit.
In suing him, commissioners forced Cozad to defend himself, costing him thousands of dollars of his own money.
"[It created] total disbelief, frustration and - to a degree - anger because I see it as an absolute waste of the taxpayer's dollars," he said.
A district judge quickly ruled in his favor, stating "the county auditor may examine and audit any county computer system ... including any related controls associated with those systems."
But the Collin County commissioners were not satisfied and have appealed the ruling, spending tens of thousands more.
From June until December, commissioners have paid Gardere Wynne Sewell LLP more than $200,000. Included in that tab are hourly attorney fees ranging from $300 to $500. They have even paid one attorney $600 an hour in their attempt to keep Cozad from auditing computer system functions.
"It's what I would call outrageous," said attorney Homer Reynolds when asked if he thought the hourly charges were fair.
Reynolds represents Cozad and charges $275 an hour.
He has called the county's continued pursuit of his client absurd and a waste of money at a time when finances are tight.
"This tells taxpayers that the Collin County Commissioners' Court doesn't really care that much about financial accountability," Reynolds said.
Reynolds said he also wonders about that $600-an-hour attorney, Peter Vogel. In addition to representing Collin County, he also chaired the state's Judicial Committee on Information Technology. That committee established the standards that govern the Odyssey computer operation in Collin County. Reynolds said Vogel should not be involved in both.
"That is a conflict of interest," he said.
Vogel declined News 8's request for an interview.
"I never played a role in either supporting or recommending any individual vendor or software systems, including the Odyssey software," he said in a statement. "To suggest otherwise is false."
Regardless, Vogel and Collin County's legal pursuit of Cozad has made an impact.
Cozad said he is stepping down as county auditor as soon as a replacement is found.
"It's, in a lot of ways, completely destroyed my confidence of government in Collin County," he said.
Commissioners are not only pressing their lawsuit against Cozad, they are also pushing legislation that would, in effect, make it illegal for a county auditor to access county databases without permission.
The bill's author, Rep. Jerry Madden of Plano, said he's not familiar with the content of his own bill, just that Collin County commissioners asked him to author it.
Citing ongoing litigation, Collin County commissioners declined to comment.
