On Saturday, Oct. 12, the Des Moines Legacy Foundation released the following statement regarding the City of Des Moines’ recent announcement that it was ending its criminal probe into the longtime local non-profit:
STATEMENT REGARDING THE CITY OF DES MOINES ENDING ITS CRIMINAL INVESTIGATION OF THE DES MOINES LEGACY FOUNDATION
The Des Moines Legacy Foundation denies all allegations of wrongdoing by the City of Des Moines, Washington.
The City’s criminal probe was improper, and the Legacy Foundation is disappointed that at no time during this process did City administration provide the Legacy Foundation with a timely or meaningful opportunity to respond prior to the City making its allegations public.
The Des Moines Legacy Foundation is a 501(c)(3) charity dedicated to helping our disadvantaged children and seniors and promoting the arts and is not a department within the City of Des Moines. This is an important fact because the City has attempted to gain access to funds as if the Foundation were under the control of the City.
Des Moines Legacy Foundation Board members have a legal obligation to remain independent of any other entity, including the City. The City of Des Moines has attempted to use the threat of criminal charges as a means to force an independent entity to relinquish donated funds that were not, and never have been, controlled by the City.
The City’s decision to end the criminal probe is its own recognition that it did not have legal authority or facts to prosecute the fabricated claims.
The Legacy Foundation voluntarily provided full access to its banking records to the City in August of 2018, therefore the reference to a subpoena in the City’s press release is an attempt to add legitimacy to an otherwise improper investigation.
There were no criminal actions by any member of the Des Moines Legacy Foundation and the City’s press release proves this. The City is well aware that all records it has referenced were Legacy Foundation records and all actions taken by Legacy Foundation members were intended to secure its own records.
Finally, the claims of restitution are a civil matter being handled by attorneys for both parties but, contrary to the City’s statement, the State Auditor’s office has not required the City to pursue $94,000 in restitution as asserted by the City. The Legacy Foundation disputes that it owes the City the claimed amounts and remains open and transparent about all of its financial affairs.
Des Moines Legacy Foundation:
- Gene Achziger President
- Patricia V. Clark Vice President
- Carla Jackson Secretary
- Hallie Marks Treasurer
Board of Directors:
- Lori Clark
- Kristy Dunn
- Gary McNeil
- Sue Padden
- Kim Richmond
- Alena Rogers
- Rick Scott
- Brian Snure
- Patrice Thorell
P.O. Box 13582, Des Moines, WA 98198