State: No charges will be filed in Meals on Wheels case

LANCASTER — Despite citing a considerable amount of questionable conduct at Meals on Wheels - Older Adult Alternatives of Fairfield County, the state auditor’s office said it could not prove criminal violations beyond a reasonable doubt following a long investigation.

Special prosecutor Robert Smith began investigating the agency in November 2013 and released his findings to Fairfield County Assistant Prosecutor Jason Dolin in a letter the county commission released Tuesday.

The Meals on Wheels board fired former executive director, Phyllis Saylor, and assistant executive director, Ritta Seitz, after it reviewed a contract in 2012 with an information technology company owned by Saylor’s son, Randall Saylor, for computer services. Smith said the contract was worth $131,667 and included 416 hours in excess of the maximum 40 hours per week for an overpayment of $20,800.

By contrast, the current IT contract with another company is for $2,875 per month, or $34,500 per year.

Smith alleged the board did not authorize increasing the contract amount and that the state considered a theft charge against Phyllis Saylor for authorizing excess payments to her son without board approval for what was already an excessive contract.

“Further evidence in support of this charge resulted from our interview with Phyllis Saylor in which she admitted that her son paid the mortgage on their residence,” Smith wrote to Dolin. “This would provide evidence she benefited from the excess payments.”

But Smith said Phyllis Saylor accurately reported to the IRS the amount paid to Randall Saylor each year.

“The burden of proof in a criminal case is beyond a reasonable doubt,” Smith wrote. “Based on (the IRS filings), we cannot prove beyond a reasonable doubt that the board did not authorize these excess payments.”

Smith also said the board did not provide oversight of Saylor’s conduct.

Fairfield County Commissioner Steve Davis said the investigation offered no surprises.

“We expected the events to conclude this way,” he said.

But he said he expects a better line of communication now since the commissioners now appoint some members to the Meals on Wheels board.

Terry Borah has been a Meals on Wheels board member for 11 years. He alleged Saylor hid aspects of the contract with her son from the board. But when it found out about the contract, the board fired both Phyllis and Randall Saylor. The board later hired Anna Tobin to replace Phyllis Saylor.

Borah said he was surprised Smith said there wasn’t enough evidence to prove a criminal case, saying Smith previously said there was.

Tobin released a statement saying Meals on Wheels is committed to providing older adults with services needed to improve their health and well-being.

“We partner with our community and we hold ourselves accountable for acting with integrity, fairness, and honesty in all our dealings because we are here to serve our community,” she said. “Meals on Wheels has implemented several key policies and procedures over the past year and a half to ensure the integrity of our operations and enhance the board’s oversight of the agency.”

Neither Phyllis Saylor nor Randall Saylor could be reached for comment.

jbarron@lancastereaglegazette.com

740-681-4340

Twitter: @JeffDBarron