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Published: Saturday, 9/17/2011

Clerk ordered to hold Burns' pension until appeal decided

BLADE STAFF AND NEWS SERVICES

A Lucas County common pleas judge ordered yesterday that Dan Burns' pension be held by the clerk of court until his challenge of the restitution is decided by an appellate court.

Judge Ruth Ann Franks denied motions by Burns and Toledo Public Schools asking that the approximately $5,500 monthly pension payout be forwarded to either his family or the district. Instead, the judge ordered any distribution be held in abeyance pending the appeal.

An ex-TPS business administrator, Burns is serving a 10-year prison sentence for defrauding the school district of $658,428. As part of his sentence, he was ordered to repay the money in restitution to the school district and the insurance firms that covered most of the loss.

Burns recently filed an appeal in the 6th District Court of Appeals in which he claimed ineffective assistance of counsel over restitution issues. He also appealed Judge Franks' order granting the school district's request to withhold the restitution amount from his pension.



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