ALFRED — A York County Grand Jury has handed up a nine-count indictment ”“ including one count of felony theft ”“ against former Republican state legislator David R. Burns of Alfred in connection with the financing of his November 2010 election campaign.

Burns, who resigned his job as a representative for House District 138 last week, slightly more than a year after he first took office, was indicted on one felony theft count and eight misdemeanors, including three forgery counts, misuse of entrusted property, violation of the Clean Elections Act, and three counts of making a false report under the Clean Elections Act.

The indictment alleges Burns stole public campaign funds to pay for personal expenses not eligible for public campaign financing. It goes on to allege that in March 2011, Burns forged a letter purportedly from Alfred resident Timothy Guinard outlining Guinard’s role in making signs for Burns campaign, for which, the letter states, he was paid $475. But Guinard told the Maine Commission on Governmental Ethics and Election Practices last fall that he didn’t make the signs, didn’t receive any money and didn’t author the letter they’d received saying he did.

The three indictments for making false reports under the Clean Elections Act allege Burns claimed that he disbursed public campaign funds to Signs on the Cheap, Tim Guinard, Kyle Raine, Home Depot, Pizza and Wings, The Reporter newspaper and Oak Street Bistro.

The indictments include copies of receipts submitted by Burns purportedly from two area restaurants, a newspaper and Home Depot.

The indictment was handed up at 1:20 p.m. Wednesday.

“At this point, we have no comment,” said Bill Logan, Burns’ attorney.

The indictments come after an audit conducted by the Maine Commission on Governmental Ethics and Election Practices last year turned up a number of irregularities, and in November, the commission ruled that Burns violated eight election campaign finance laws. The commission voted to send the matter on to the Attorney General’s Office for investigation.

Burns was authorized to spend $9,066 in public funds for his election, according to documents on file at the ethics commission. The audit report concluded he should repay $2,285. The investigation determined Burns spent $2,500 in public funds for personal purposes, and that at least $1,295 was falsely reported in campaign finance reports.

The findings by the ethics commission audit noted that Clean Elections candidates are required to segregate campaign funds from personal funds, but Burns, over the course of the campaign, transferred $6,711 in MCEA funds to his personal bank account. About $1,660 was later transferred back from his personal account to his campaign account, auditor Vincent W. Dinan wrote.

Dinan said an examination of Burns’ personal bank records show that if he hadn’t deposited about $2,600 into his personal account in June 2010, that account would have had a negative balance of more than $2,500, and that Burns’ campaign reports showed no purchases that month.

“I certainly have never seen anything at this level in terms of severity,” said ethics commission Chairman Walter McKee at the November hearing.

Maine House Speaker Robert Nutting last week said Burns’ resignation from the Legislature was an appropriate step for him to take. Until his resignation, the freshman legislator represented Alfred, Limerick, Newfield and Shapleigh.

Burns has also tendered his resignation as an Alfred selectmen, effective at the end of the March 31 Town Meeting.

An indictment is not a finding of guilt, but a finding that enough evidence exists to move forward with prosecution. Conviction on a Class C felony carries a maximum prison term of five years. Misdemeanors carry maximum jail penalties of up to six months or up to one year, depending on their classification.

An arraignment date has not yet been set.

Former Democratic legislator William Walcott of Lewiston was sentenced to six months in jail in 2008 after admitting he stole public campaign money during Maine House races in 2004 and 2006. Walcott resigned from the Legislature in 2007 during the probe of his campaign finances.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.