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Home  >  News  >  Local News Exclusive investigation

County improperly disposed of documents, told no one

10,600 people possibly affected; commissioners opt to 'wait and see if there is any response from clients'

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By Josh Sweigart, Staff Writer 12:58 AM Sunday, June 13, 2010

HAMILTON — When a mound of Middletown city documents containing people’s private information was found in a public Dumpster this spring, it wasn’t the first — or largest — such security breach by a local government.

An investigation by this newspaper has found that Butler County’s Department of Job and Family Services learned in 2008 that confidential records from that agency were being “periodically” improperly disposed of in a public bin.

An internal analysis by the agency found that 10,600 people could have been affected.

This is the number of people who used the JFS office at 4122 Tonya Trail in Fairfield Twp., where the documents originated. They included case notes and verification forms dealing with the Ohio Works First, food stamps, Medicaid and child care programs.

Though the records were supposed to be shredded using a document disposal company, county officials found that office had been simply throwing the records in a recycling bin.

That’s where they were found by a member of the public on July 18, 2008.

The county took action to make sure the records were disposed of properly, and considered notifying the people who may have had information compromised.

Officials drafted a letter suggesting people could use a free Internet service to guard against identity theft.

But they never sent the notice out.

Instead, they decided to “wait and see if there is any response from clients,” according to internal memos.

Two years later, those clients still have no knowledge their information could have been compromised.

“They should have told us from the very beginning,” said Christina Cruz, who used the JFS office during that time.

County held back on response to a records breach

When Jerome Kearns first saw the pile of confidential records from his office in a Dumpster by Butler Tech, he thought they were stolen.

It was July 18, 2008. County records lay out in detail what happened next: what county officials did — and didn’t — do.

There were piles of papers — files from Butler County Job and Family Services, where Kearns is assistant director, and from LifeSpan, the county engineer’s office, Children Services, and Butler County Child Support Enforcement Agency.

Some of the records contained confidential information, such as case notes and eligibility verifications for food stamps, Ohio Works First, subsidized child care and Medicaid programs.

Kearns estimates there were about 10 60-gallon trash bags of records. He called co-worker Adam Jones because Jones had a pickup truck.

“They weren’t going to fit in my Elantra,” Kearns said. “There was a significant number of records there.”

The records had been found by a member of the public.

“Some member of the community (was) throwing their stuff in there, and picked one up and thought they were important,” Kearns said.

Kearns took the records back to where they presumably came from, the JFS office at 4122 Tonya Trail, off Liberty Fairfield Road in Fairfield Twp.

Documents pitched 'periodically’

It didn’t take long to solve the mystery.

The next day, Kearns asked Kim Gay, manager of that office, where the bins were that she used for confidential information. In other county offices, special bins were periodically picked up by the company Royal Document Destruction for shredding.

The Fairfield Twp. office, which had been open since January 2007, had no such bins. Staffers there had been throwing records in the recycling bins. Believing that there was no confidential information involved, a worker for Butler County Environmental Services, which handles recycling for county offices, “had dumped these bins at community sites periodically over the last six months,” Kearns wrote later.

County officials went into action.

They brought new, secure bins to the Tonya Trail office. They pulled records and found 10,600 people who had used that office in the prior 12 months. They researched a company that provides protection for people at risk of identify theft, and what it would cost to cover all those people.

They put together a list of addresses, and drafted a letter notifying people who may have been affected.

“Although we consider the risk to you to be relatively low, the fact is that we failed to adequately protect your confidentiality, and we want to rectify that now,” the letter said.

Then, they did nothing. The letter never went out.

“I asked Tim (Williams, then county administrator) for direction regarding our records that were found in a (D)umpster,” says a Aug. 19, 2008, memo from Kearns. “Tim indicated that (county) commissioners would like to wait and see if there is any response from clients.”

“Tim does not want us to send a letter out notifying clients that their records might have been compromised,” the memo says.

Commissioners respond

Two commissioners said they were satisfied there was no proof that anyone had their information misused, and that the risk of that happening was low.

“There was nothing to lead us to believe there was more (records dumped in public bins),” said Commissioner Donald Dixon. “We were advised the risk was not sufficient to warrant any other action at that time.”

SHOCKING! In the 'real world' these people would be fired. The part about low income people being at less risk for identity theft is just plain ignorant! Criminals can get a hold of that information. When they get arrested, they can use the fake identity!!! Income does not matter in this case...it happened to a friend of mine. Someone was arrested in Cleveland using his information. My friend had to prove who he was and that he was never there. Can someone PLEASE get control of Butler County!?
westernjester
9:41 PM, 6/14/2010
Jerome Kearns said "We have no proof there was confidential information put in those Dumpsters". The Assistant Director, and Fairfield School Board President, is a liar! Aren't social security numbers are generally thought to be confidential. Every JFS document in the dumpster had a typed label with a SSN on it for anyone to see. And Kearns knows this because he said he was one of the people who picked them out of the dumpster. I wonder what else he'll lie about to cover his tracks.
theyAreLying
6:52 PM, 6/14/2010
Its all just a big cluster bumble there in Butler County. Glad I don't live or work in the county...
Billy
1:49 PM, 6/14/2010
Isn’t it a hoot that they could not somehow blame this screw up on Derek Conklin? At long last Don Dixon and his hires have to accept the responsibility for the debacal called Butler County Government.
Wally
12:24 PM, 6/14/2010
Why was the supervisor of the facility on Tonya Trail not held accountable? At her level, she presumably would have attended ethics training and would be aware of the internal controls that are required in handling confidential information. What a disgrace.
concernedcitizen
11:00 AM, 6/14/2010
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