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February 4, 2006

Gee is given 11 months

Former township clerk also must forfeit compensation

photo
Former East Bay Township clerk Janice Gee listens as her former deputy clerk, Viv Olson, not pictured, recommends that Gee receive the maximum sentence for her crimes.
      TRAVERSE CITY - East Bay Township will retrieve $120,000 from convicted felon and former Clerk Janice Gee, but the full financial and public trust loss owed to her actions may never be fully realized, officials said.
      "We are probably never going to know what the total amount was or the damage it has caused," East Bay Supervisor Glen Lile said. "But I think it is time to close the books, put it behind us and go forward."
      Circuit Judge Philip Rodgers on Friday sentenced Gee, 60, to serve 11 months in the Grand Traverse County Jail. Jurors last month convicted Gee on nine felony embezzlement counts for stealing at least $62,000 from taxpayers.
      Lile asked Rodgers to sentence Gee to five years in prison - the maximum allowed under state law - for "East Bay, this community, and the region."
      "I ask this so that your message is as clear as possible to Jan Gee and other elected officials who are committing or contemplating committing intentional criminal activities with taxpayer money," Lile said.
      Rodgers did not depart upward from sentencing guidelines of zero-to-11 months in jail, but ordered Gee to forfeit both her retirement pension and deferred compensation accounts - totaling $120,000 - to cover auditing and legal costs incurred by the township during the investigation.
      Rodgers also sentenced Gee to serve five years of probation and said he would not allow her access to early release programs, including community corrections or work release.
      "For many years, when you did payroll every two weeks you committed an intentional wrongful act that benefited you," said Rodgers. "It appeared to be simple, unvarnished greed."
      Gee, stoic and silent throughout her trial and subsequent verdict, remained so when Rodgers handed down the sentence and sheriff's deputies took her into custody.
      "I express my remorse for what I have done," she said before learning her fate. "I would like to apologize to the citizens of East Bay, my friends and my family."
      "This wasn't an accident?" Rodgers asked Gee about her earlier contention that the money disappeared because of a software error. "You are willing to finally admit that?"
      After a moment, Gee quietly responded, "Yes."
      It took a jury two hours in January to find Gee guilty on nine counts of embezzling more than $1,000 and less than $20,000 between 2000-04.
      Prosecutor Alan Schneider charged Gee with using the township's payroll system to make contributions to her deferred compensation account without deducting the money from her own paycheck.
      Gee also was scheduled for a final conference Friday on four other felony charges of official misconduct for allegedly mishandling of township credit card accounts, but Schneider said that hearing has been postponed.
      Both Lile and former deputy clerk Vivian Olson - whom Gee fired in 2004 - told a packed courtroom that Gee never appeared remorseful for her actions and repeatedly violated voters' trust.
      "You have stolen things, more than monetary, from this community, fellow elected officials, your friends and your family," said Lile. "Adding insult to injury is your blatant lack of remorse and continued abuse of East Bay Township."
      Among those in the courtroom was former township supervisor Joseph Bartko, who pleaded guilty last month to a misdemeanor count of willful neglect of duty by a public officer.
      Bartko, 75, was charged in November with four felony counts for alleged financial impropriety in office and was sentenced to pay $3,000 in restitution, serve 720 hours of community service and make a public apology during a township meeting.
      Traverse City defense attorney James Hunt told Rodgers before sentencing he believed Gee was remorseful.
      "I don't believe she has taken this issue lightly," he said. "I believe she is truly remorseful for what happened."
      But Rodgers told Gee he had considered sending her to prison if she had not fully admitted the embezzlement.
      Rodgers said although Gee's embezzlement wasn't the largest he's seen, the "damage it has done has reverberated throughout northwestern Michigan, as well it should."
     
See Related Stories:
      Breaking News: Gee sentenced to 11 months - February 3, 2006
      Gee ordered to return retirement benefits - January 27, 2006
      Township appoints new clerk - January 18, 2006
      Ex-supervisor sentenced - January 18, 2006
      No more paychecks for felon Janice Gee - January 13, 2006
      Jury finds Gee guilty - January 12, 2006
      Forensic accountant testifies against Gee - January 11, 2006
      Gee trial set for Tuesday - January 9, 2006
      East Bay treasurer faces court hearing - January 6, 2006
      Embattled clerk removes desk, triggers burglar alarm - January 4, 2006
      Gee paid $23,000 for doing little work - December 22, 2005
      Township might not recoup its losses - December 15, 2005
      Residents are not as forgiving of Bartko as officials - December 15, 2005
      Bartko pleads guilty - December 14, 2005
      Audit reveals special assessment district mess - December 11, 2005
      Gee will stand trial next month - December 10, 2005
      Accountants missed many red flags - December 4, 2005
      Other townships pondering changes - December 4, 2005
      Bartko hears felony counts - November 29, 2005
      Two more face charges in financial scandal - November 23, 2005
      News Break: Ex-supervisor, current treasurer charged - November 22, 2005
      Records show township paid planner from U.P. - November 13, 2005
      Signature goal reached for recalls - November 9, 2005
      East Bay Township probe widens - October 27, 2005
      Bid for state's assistance in removing Gee falls short - October 12, 2005
      East Bay recall petition drive thriving - October 11, 2005
      Gee trial delayed as prosecution continues to build case - October 1, 2005
      Audit: East Bay Township clerk took $62K - September 28, 2005
      Residents demand answers from East Bay board - September 16, 2005
      Audit may result in more charges - September 14, 2005
      East Bay residents to circulate petitions - September 3, 2005
      East Bay finances: 'Little stuff' totals thousands - August 28, 2005
      Prosecutor says East Bay probe may widen - August 26, 2005
      Former supervisor likely purchased personal items - August 21, 2005
      East Bay Township clerk is back to work - August 21, 2005
      More money may be missing in East Bay - August 16, 2005
      Lile suggests shutting down East Bay government - July 22, 2005
      East Bay Township supervisor expects 'real ugly' meeting - July 22, 2005
      East Bay assessor to be paid as fate is determined - July 12, 2005
      Errors pile up in review of East Bay records - July 10, 2005
      Public backs East Bay probe leading to arrest of clerk - June 28, 2005
      East Bay Township clerk charged with embezzlement - June 23, 2005
      Township officials pushed for audit leading to Gee's arrest - June 23, 2005

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