Saturday, September 18, 2010

The Community School Audit

Maybe I'm getting paranoid ... but, once upon a time any discussion of irregularities or inefficiencies in Community School operations by School Committee members would draw cries of "interference, lack of understanding, mean-spiritness, blah, blah, blah ..." in the local press and from "concerned citizens" (who were also frequently Community School employees!)

But, this week, a draft of the Community School audit confirming these same problems was finally produced and discussed by the Committee and what did we hear ?   (insert cricket noise here!)

Nothing.

The draft audit report is a public document--   Here are some of the highlights:

1)    The Community School operated at a substantial ($180,000) loss for the year ended June 30, 2009 (That was the year BEFORE the School Committee took direct control of the program and eliminated the Executive Council).

2)    The cash balance shown on the Community School books doesn't match the amount of cash the Town thinks they have.  Nobody knows why -- the balances have never been reconciled.  It's tricky paying bills if you don't know what's in your checkbook!



3)    After properly allocating overhead costs, several programs (including the pool) run at a loss and depend on revenue from other programs to subsidize them.  The auditors recommended (as did former School Committee members) that each programs generate sufficient revenue to cover its own costs.

4)    Operating budgets did not include all operating costs.  Specifically, the pool budget excluded utilities which were charged to the high school budget.  When the last school committee charged the Community School $60,000 to recover these costs for FY '09, it increased the loss from $120K to $180K.  The Community School had not paid this expense in years -- it should have been paid and budgeted each year.  (The $60K was based on an estimated calculation at that time -- lower estimates have since been received.)

5)    The Executive Council had been authorizing warrants for payment without the approval of the School Committee -- in violation of Massachusetts Law and against the recommendation of the Town's own auditors who had previously noted the non-compliance.

6)    The Executive Council had been signing multi-year leases obligating the District (and Town) to payments in future years without the approval of the School Committee.

7)    The Community School has been using the Cash method of accounting -- which means that income was never matched with expenses.  This made the internal management reports essentially useless.  As an example -- the internal reports for the year ended June 30, 2009 also included income for the subsequent months of July and August of 2009 --- but none of the related costs.  It did have expenses from the prior year --- BUT since the programs are different each year, the results are not comparable and useless for management decision-making (ie. comparing apples and giraffes!)

8)    The Executive Council did not comply with State procurement regulations when they hired a subcontractor to provide EMT training courses at a cost in excess of $25,000.  In fact, they did not even have a written contract with the provider.

9)    There were other internal control issues with payroll processing and financial operations at the School For Early Learning -- but you can read those in the report. 

None of these issues are new.

These issues have been discussed since FY 2008 and are the reason that the prior School Committee voted to begin restructuring the Community School by eliminating the Executive Council and taking a more direct role in the management of the Community School -- as required by law.

When the restructuring began, the popular battle cry was to blame the Superintendent for getting involved and "forcing" the Community School into a deficit -- despite the reality that the District was actually collecting LESS expense reimbursement from the Community School than they had in previous years and despite the fact that revenue was down because LESS people were actually signing up for courses.

Ironically, after hearing the audit results this week, several people are now blaming the Superintendent for not getting involved sooner!  Some of these same folks also believe the Superintendent was somehow involved in the Kennedy assassination and staging the Apollo moon landing.

Now What ?

The auditor presented a draft report to the Committee this week and answered whatever questions the Committee could produce  ("By Cash -- do you mean dollars?").  Nobody should have been surprised or confused by any part of this report --  all of these issues have been discussed previously. 

Presumably, at the next meeting, the Committee will formulate a response to audit report outlining what steps have been taken to address the issues raised in the report.  (The response should be easy since most of the corrective actions began last year with the restructuring.)

A Final Thought

I do not want to denigrate the work of the former volunteers on the Executive Council who built a tremendously popular program that provided a great public service to the citizens of  Sandwich and other surrounding towns.  They deserve thanks and recognition for their efforts and good intentions.

I do, however, fault School Committees of the past for not recognizing and/or acknowledging their responsibility to properly oversee the operation of the Community School.  This inattention allowed former Community School Administrations to operate as if they were an independent entity -- instead of in the best interests of the Sandwich Public Schools and the taxpayers of Sandwich.

14 comments:

Bob Guerin said...

Well Bob, at long last an independent, objective third party (a professional Audit Firm) confirms everything we ever said about the way the Community School has been run (it’s a disaster). I hope somebody, somewhere is paying attention.

The point was and is: That we’re spending education dollars running the Community School.
This means: We chose the Community School when we fired teachers; we chose the Community School when we fired School Secretaries; we chose the Community School when we fired School Psychologists, and OT Therapists and on and on.

This year, when the School Committee must reduce $2.5 million from the budget what will they choose to cut? I hope somebody, somewhere is paying attention.

Anonymous said...

Gentlemen, nice work --- but the only problem is that the people who formerly ran the Community School now run the School Committee.

We're still hosed.

Anonymous said...

What is the over-under on having this very same conversation 12 months from now?

Anonymous said...

Sherry/Chair needs to list the most pressing issues facing the schools. Copiers should not even be on their list of things to discuss.

Someone should tape the list to the dysfunctional school boards microphones for every meeting as reminders what is urgent for our schools to move forward.

#1 PRIORITY: Find 2.5 Million dollar deficit monies or start cutting 71% of the budget which is payroll people!

2. a. Settle the superintendants fiasco mess, either buy her out for the remainder of her contract. b. discard the personal vendettas and learn to work with her for the remainder of her contract. c. continue to ignore and plan on a huge lawsuit for violating a valid contract.

3. Shut the community school down! It's been using the educational money for 25 years and many have been hiding that fact

Anonymous said...

Anon 4:44
Please tell me why you feel the contract is valid. The sc has to vote for the contract.The meeting that took place was not legal therfore any business that was conducted was illegal.Why is a contract that was not legally voted on be valid

Bob Simmons said...





This question has been answered several times see the explanation hereread the actual law here, or read about a very similar situation in South Hadley here.



It seems pretty straight-forward.  Even IF their was a technical violation of Open Meeting Law, no complaint was filed at all -- let alone within 21 days as required.  The DA can opine on a possible OML violation -- but he has no authority over executed contracts.  It was announced at the last meeting that not even the Attorney General wants to clean up this mess -- that's what judges are for!

Anonymous said...

The simple explanation is that if somebody had a problem with the way the contract was voted they had to go down to the courthouse within 21 days and request a court hearing to void the contract.

It appears that neither the School Committee nor School Counsel ever actually read the law -- so they didn't catch the Assistant DA's error in calling the meeting a "nullity".

With the former Assistant Supt's case already in litigation -- I would have expected them to be more careful this time.

Anonymous said...

And who's fault that we have litigation from the assistant super. Ok Bob so what about any other business that was conducted is that legal

Anonymous said...

Bob thanks for your input. Just a dumb question. Why doe the Law say "The district attorney of the county in which the violation occured shall enforce the provisions of this section." If he has no authority to enforce the open meeting laws

Anonymous said...

Bob where would I find any updated info on the Strategic Plan which was adopted on 3/8/07.It seems to me there is alot of good ideas that have not been implemented by anyone

Bob Simmons said...

The DA did enforce OML. BUT the law specifically requires a judge for an executed contract.

Anonymous said...

I was perusing the Community School's fall brochure and there is a course offering that lists the instructor as Robert Simmons. Common name, but I have to ask. Bob, are you working for the Community School now?

Bob Simmons said...

Noooooo. Something tells me my job application would not make it to the top of the stack!

I would assume that the instructor is the OTHER Bob Simmons in town who is a very nice man and is completely unrelated to me (not to say that I'm not related to any nice people!)

The Other Bob Simmons has owned a private investigation firm in Boston for years. When I was 10, somebody gave me one of his pens that said "Simmons Detective Agency" -- I thought it was the coolest thing! (10 year olds were easily amused back then!)

It's even funnier thinking that 40 years later somebody would think he was me!

Bob Simmons said...

Also no relation to Gene Simmons -- although my kids watch him on TV!

Or ... Richard Simmons (go ahead -- say it!)