Richmond's top prosecutor said yesterday that he wants to learn more about vehicle allowances paid to Mayor L. Douglas Wilder and a city employee who has since resigned.

Commonwealth's Attorney Michael N. Herring said he's not investigating either case and likely would not until the city auditor completes his review.

City Auditor Umesh Dalal has looked only at the case of Benjamin Johnson, who resigned April 14 as director of emergency management.

Dalal said yesterday that the City Council has not asked his office to investigate the mayor's vehicle allowance.

City Council President William J. Pantele said last night that he plans to discuss with the council the need for an audit of the entire vehicle-allowance program.

"There's the suggestion that there may be several problems," he said.

In addition to officials having received both allowances and city vehicles, the program is expansive, with perhaps more than 30 officials receiving allowances, Pantele said. At least one of the officials works for the sheriff, not the city administration, he said.

Herring said that on the surface, Johnson's receipt of an allowance for using his own car while also having use of a city car "stinks to high heaven."

But he said prosecutors first must review the facts of the case to determine whether the actions were the result of negligence and oversight or whether they violated the law.

Herring said that because of the similarities of the cases, he would await the outcome of the auditor's investigation into Wilder's allowance -- if and when that happens -- before proceeding on Johnson's case.

"It wouldn't make much sense to take a look at one and not the other," Herring said.

Wilder's office said last week that the mayor put a stop to his $700-per-month allowance once news reports brought it to his attention.

Officials said Wilder has since reimbursed the city, but they have not disclosed the amount. It's believed to be about $23,000.

Johnson resigned days after an auditor's investigation criticized his acceptance of a $500-per-month allowance in

addition to his use of a city vehicle.

Administration officials have said little about the cases but have emphasized that they have distinct differences. They said the mayor, unlike Johnson, took immediate action to correct his situation.

Wilder has said he did not realize he was receiving the allowance.

But Dalal said the allowance should have been listed on the mayor's pay stubs and that the annual amount -- $8,400 -- should have been reflected on his W-2 tax forms.

"If that amount [on the tax forms] was more than $125,000, it should have drawn attention," the auditor said.

A city ordinance sets the mayor's salary at $125,000 and gives the option of choosing a $700-per-month vehicle allowance or the use of a city vehicle.

The ordinance, approved in 2004, calls for the mayor to notify the council of his or her choice, but administration and council officials say that apparently did not happen. Wilder was given access to a city vehicle when a police protection unit was established in summer 2005, officials said.

Del. G. Manoli Loupassi, R-Richmond, a former City Council member, said the key issue isn't whether Wilder gave notice of his choice but the lack of oversight by city employees.

"Someone should be keeping an eye on this stuff," he said.
Contact Will Jones at (804) 649-6911 or wjones@timesdispatch.com.

Staff writer Jim Nolan contributed to this report.