Monterey County Office of Education – King City Joint Union High School District Report

Monterey County Office of Education Extraordinary Audit of the King City Joint Union High School District April 28, 2010 Joel D. Montero Chief Executive Officer April 28, 2010 Nancy Kotowski, Superintendent Monterey County Office of Education 901 Blanco Circle Salinas, California 93901 Dear Superintendent Kotowski: In January 2010, the Monterey County Office of Education and the Fiscal Crisis and Management Assistance Team (FCMAT) entered into an agreement to provide an Assembly Bill 139 extraordinary audit of the King City Joint Union High School District. Specifically, the agreement states that FCMAT will perform the following: 1. The Monterey County Office of Education requests the team to conduct an extraordinary audit of the King City Joint Union High School District and per Education Code Section 1241.5(c), the superintendent of the Monterey COE has reason to believe that fraud, misappropriation of funds, or other illegal practices may have occurred. The FCMAT team will review the district’s policies and procedures related to accounts payable processing, payroll, cash management including bank deposits and revolving accounts. This report contains the study team’s findings and recommendations. We appreciate the opportunity to serve you and we extend our thanks to all the staff of the Monterey County Office of Education. Sincerely, Joel D. Montero Chief Executive Officer FCMAT Joel D. Montero, Chief Executive Officer . . 1300 17th Street - CITY CENTRE, Bakersfield, CA 93 . 301-4533 Telephone 661-6 . 36-4611 Fax 661-63 . 6-4647 422 Petaluma Blvd North, Suite. C, Petaluma, CA 94952 Telephone: 707-775-2850 Fax: 707-775-2854 www.fcmat.org Administrative Agent: Christine L. Frazier - Office of Kern County Superintendent of Schools 4 Fiscal Crisis & Management Assistance Team Table of Contents Foreword .............................................................. 3 Introduction ......................................................... 5 Executive Summary ............................................ 9 Scope and Procedures .................................... 11 AB 139 Extraordinary Audit Classifications ...... 13 Findings and Recommendations .................... 17 Purchasing, Receiving, Accounts Payable ......................17 Cash Receipts and Disbursements Management ..........19 Payroll, Position Control, Budget and Paid Health- Insurance Benefits ...............................................................21 Ancillary Findings ............................................... 25 Conclusion ......................................................... 27 Appendix ........................................................... 29 Monterey County Office of Education 1 2 Fiscal Crisis & Management Assistance Team FOREWORD Study Agreements by Fiscal Year 80 70 60 50 40 30 20 10 0 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 Projected MMoonntteerreeyy CCoouunnttyy OOfffificcee ooff EEdduuccaattiioonn 33 seidutS fo rebmuN Foreword - FCMAT Background The Fiscal Crisis and Management Assistance Team (FCMAT) was created by legislation in accordance with Assembly Bill 1200 in 1992 as a service to assist local educational agencies (LEAs) in complying with fiscal accountability standards. AB 1200 was established from a need to ensure that LEAs throughout California were ade- quately prepared to meet and sustain their financial obligations. AB 1200 is also a statewide plan for county offices of education and school districts to work together on a local level to improve fiscal procedures and accountability standards. The legislation expanded the role of the county office in monitoring school districts under certain fiscal constraints to ensure these districts could meet their financial commitments on a multiyear basis. AB 2756 provides specific responsibili- ties to FCMAT with regard to districts that have received emergency state loans. These include comprehensive assessments in five major operational areas and periodic reports that identify the district’s progress on the improvement plans. In January 2006, SB 430 (charter schools) and AB 1366 (community colleges) became law and expanded FCMAT’s services to those types of LEAs. Since 1992, FCMAT has been engaged to perform nearly 750 reviews for local educational agencies, including school districts, county offices of education, charter schools and community colleges. Services range from fiscal crisis intervention to management review and assistance. FCMAT also provides professional development training. The Kern County Superintendent of Schools is the administrative agent for FCMAT. The agency is guided under the leadership of Joel D. Montero, Chief Executive Officer, with funding derived through appropriations in the state budget and a modest fee schedule for charges to requesting agencies. Total Number of Studies....................743 Total Number of Districts in CA ........1,050 Management Assistance.............................705 (94.886%) Fiscal Crisis/Emergency ................................38 (5.114%) Note: Some districts had multiple studies. Eight (8) districts have received emergency loans from the state. (Rev. 12/8/09) FOREWORD 4 Fiscal Crisis & Management Assistance Team INTRODUCTION Introduction Background In January 2010, the Fiscal Crisis and Management Assistance Team (FCMAT) received a request from the Monterey County Office of Education for an Assembly Bill (AB) 139 extraordinary audit of the King City Joint Union High School District. The county office, under new administrative leadership, identified potential issues of occupational fraud and abuse by district employees that included the unauthorized purchase of two laptop computers and several instances of missing cash located in the business office. The county superintendent was concerned that these issues may have violated the California Education Code section 1241.5 (b) regarding fraud, misappropriation of assets or other illegal activities. The review is conducted to determine if sufficient evidence exists to further investigate the findings, or if there is evidence of criminal activity that should be reported to the local district attorney’s office for further investigation. The study agreement between the county office and FCMAT specifies the following scope of work: 1. The Monterey County Office of Education requests the team to conduct an extraordinary audit of the King City Joint Union High School District and per Education Code Section 1241.5(c), the superintendent of the Monterey COE has reason to believe that fraud, misap- propriation of funds, or other illegal practices may have occurred. The FCMAT team will review the district’s policies and procedures related to accounts payable processing, payroll, cash management including bank deposits and revolving accounts. Study Guidelines FCMAT provides a variety of services to school districts and county offices of education upon request. Education Code Section 1241.5(b) permits a county superintendent of schools to review or audit the expenditures and internal controls of any school district in that county if he or she has reason to believe that fraud, misappropriation of funds, or other illegal fiscal practices have occurred that merit examination. The review or audit conducted by the county superintendent is required to be focused on the alleged fraud, misappropriation of funds, or other illegal fiscal practices and to be conducted in a timely and efficient manner. The basis of this review is to determine if sufficient documentation exists to further investigate the findings, or if there is evidence of criminal activity that should be reported to the local district attorney’s office. AB 139 Extraordinary Audit Findings and Classifications Education Code Section 42638 (b) states as follows: If the county superintendent determines that there is evidence that fraud or misappropriation of funds has occurred, the county Superintendent shall notify the governing board of the school district, the State Controller, the Superintendent of Public Instruction, and the local district attorney. Monterey County Office of Education 5 INTRODUCTION The issue of fraud can encompass an array of irregularities and illegal acts characterized by intentional deception and misrepresentation of material facts. The principal mechanisms for the deterrence of fraud or illegal practices are strong internal controls. Internal controls include the processes designed to provide reasonable assurance that the district’s operations are effective and efficient; the financial information produced is reliable and that the district is operating in compliance with all applicable laws and regulations. The internal control structure includes the policies and procedures utilized by the district staff, accounting and information systems, the work environment and the professionalism of employees while conducting district work. A material weakness is a deficiency in the internal control process whereby errors or fraud may occur. Because of the weakness, employees in the normal course of business may not detect the errors within a timely period. A material weakness also can be defined by a violation of existing laws or regulations. The following is a partial list of ineffective internal controls: • Not separating functional responsibilities of authorization • Unrestricted access to assets or sensitive data (e.g. cash, fixed assets, personnel records) • Not recording transactions resulting in lack of accountability • Not reconciling assets with the appropriate records • Unauthorized transactions • Unimplemented controls due to unqualified personnel • Collusion among employees where little or no supervision exists While all employees in the organization have some degree of responsibility for the internal con- trols of the district, the governing board, superintendent and senior management are ultimately responsible. This audit provides the Monterey County Office of Education with findings and recommendations regarding documented evidence that fraud has occurred. Audit Fieldwork Investigating allegations of fraud requires a number of steps that include interviewing potential witnesses and assembling evidence from both internal and external sources. The FCMAT team visited the district in February 2010 to conduct interviews, collect data and review documents. Specifically, FCMAT reviewed, analyzed and tested business records including cash deposits, bank reconciliations, cash receipts, general ledger, accounts payable, vendor master list files, payroll, position control and health insurance records, financial reports and internal documents secured from various departments and from independent sources. The review process also included interviews with the state administrator, management personnel, business office staff and other district employees to develop information concerning any alleged mismanagement, fraud or abuse. Although there are many different types of fraud, embezzlement is common when employees are in positions of trust and have access to assets. Embezzlement is the unlawful taking of prop- erty by someone that is lawfully entrusted with its possession for his or her own personal use. Common elements in all fraud include the following: • Intent, or knowingly committing a wrongful act, • Misrepresentation to accomplish the act, 6 Fiscal Crisis & Management Assistance Team INTRODUCTION • Reliance on weaknesses in the internal control structure, and • Concealment to hide the act This report is the result of the investigation. Study Team The FCMAT study team was composed of the following members: Deborah Deal, CFE Margaret Rosales FCMAT Fiscal Intervention Specialist FCMAT Consultant Los Angeles, California Kingsburg, CA Leonel Martínez Coral Hansen, CPA/CFF, CFE FCMAT Public Information Specialist CBIZ MHM, LLC Bakersfield, CA Oxnard, CA Monterey County Office of Education 7 INTRODUCTION 8 Fiscal Crisis & Management Assistance Team EXECUTIVE SUMMARY Executive Summary The Monterey County Office of Education requested that Fiscal Crisis & Management Assistance Team (FCMAT) assign professionals to study specific aspects of alleged fraud in the business office of the King City Joint Union High School District. The district has been in financial and academic turmoil for several years, experiencing continual turnover of key administrative positions, ineffective governance, lack of leadership (especially in the business office), the loss of accreditation and fiscal insolvency. The county office made several efforts to intervene and provide support to ensure that the district’s financial obligations were met in accordance with AB 1200 and AB 2756 fiscal oversight responsibilities. Because of the district’s continued fiscal decline, Senate Bill 130 was signed into law on July 23, 2009, authoriz- ing an emergency state loan and the appointment of a state administrator. Critical business office positions have remained vacant for long periods of time. This void in fiscal oversight and leader- ship has left the district’s business functions in the hands of interim fiscal advisors, fiscal experts and business office clerks. Morale in the business office is extremely low. The county office requested that FCMAT conduct a fraud investigation under the authority of Assembly Bill 139 Extraordinary Audit after receiving written allegations from the county office fiscal expert dated December 22, 2009 describing several irregularities and potential illegal activities in the district’s Business Department. In December 2008, the accounts payable clerk created an unauthorized purchase order in the district’s financial system for two pink laptop computers from Dell Computers, Inc. The purchase order was issued to Dell without an authorizing signature and filled by the vendor. The laptops were picked up from the district warehouse by the accounts payable clerk. In January 2010, while the accounts payable clerk was on medical leave, district personnel were notified that Dell had not received payment for the laptops. Further research determined the origin and issuance of the purchase order. District personnel also discovered that the accounts payable clerk voided the original purchase order in the financial system and destroyed all hard copies. District officials reported the incident to the King City Police Department, and charges were filed against the employee. In January 2010, the employee resigned after admitting to the offense. Cash has been reported missing from the safe located in the district’s business office on two separate occasions in the past 14 months. Between January 12, 2009 and January 20, 2009, $1,261.46 in cash was determined to be missing, and between October 9, 2009 and November 20, 2009, an additional $450 was found to be missing during reconciliation. Three employees and one temporary contracted worker were working in the business office during the time of the first theft. Two employees had access to the safe during the second occurrence, but the door to the business office and the safe at times remained unlocked during normal business hours. With no witnesses to either event, the perpetrator of the cash theft cannot be determined and FCMAT has provided procedural remedies in the report. Monterey County Office of Education 9 EXECUTIVE SUMMARY 10 Fiscal Crisis & Management Assistance Team SCOPE AND PROCEDURES Scope and Procedures The Monterey County Office of Education defines the scope and objective of this study accord- ing to the provisions of Education Code Section 1241.5 as follows: The Monterey County Office of Education requests the Team to conduct an extraordinary audit of the King City Joint Union High School District and per Education Code Section 1241.5(c), the superintendent of the Monterey COE has reason to believe that fraud, misap- propriation of funds, or other illegal practices may have occurred. The FCMAT team will review the district’s policies and procedures related to accounts payable processing, payroll, cash management including bank deposits and revolving accounts. During interviews, FCMAT team members asked questions pertaining to policies and proce- dures, job responsibilities, instances of missing cash from the safe, the unauthorized ordering of laptops from Dell Computers, Inc., and open-ended questions designed to illicit information regarding any other possible irregularities. Fraud investigations consist of gathering adequate information regarding specific allegations and performing audit test procedures to determine whether fraud has occurred, evaluating the loss associated with the fraud, and determining who was involved and how it occurred. FCMAT developed an investigation plan designed to gather evidence, determine the extent of the fraudu- lent activity, and identify those involved. The following audit test procedures were performed related to cash disbursements from the accounts payable system: • A review of open purchase orders for appropriate authorization. • A review of paid invoices for the 2007-2008, 2008-2009 and 2009-2010 fiscal years for select vendors to verify that appropriate supporting documentation and authorization were present. The vendors selected were district employees and vendors whose goods or services could easily be converted for personal use. • An analysis of all payments during the time period stated above to all King City vendors on the master vendor list. Payments to individuals and larger disbursements were selected for further review and extensive testing. The following procedures and testing were performed related to cash receipts: • For all receipts of cash from the beginning of the 2009-2010 fiscal year through February 1, 2010, the team traced the individual amount from each prenumbered receipt to the deposit detail and subsequently, to the bank statement. • Payments made by retirees and board members for health insurance coverage were traced from the deposit detail to the general ledger. Several gaps in payment history required further testing. The audit tests performed in the payroll and position control included: • Comparison of actual monthly payroll registers in the business office to the district’s independent position control records located in the human resources office. • A review of budget records to determine that payroll warrants issued were for board- approved employees. Monterey County Office of Education 11 SCOPE AND PROCEDURES • An analysis of excessive overtime and extra time records for appropriate authorization, and compliance with policy, including the CSEA contract. The following findings and recommendations are the result of these audit test procedures and sampling of the district’s transactions. 12 Fiscal Crisis & Management Assistance Team AB139 EXTRAORDINARY AUDIT CLASSIFICATIONS AB 139 Extraordinary Audit Classifications Each audit finding is classified as a material weakness, a reportable condition or an area for management improvement. These classifications provide guidance to management in developing and strengthening existing internal controls. Strong internal controls and periodic monitoring of those controls greatly reduce the possibility of a material misstatement of the financial statements and/or a violation of existing laws or regulations. Each classification is described as follows: Material Weakness - A material weakness is a significant deficiency or combination of significant deficiencies in internal controls that results in more than a remote likelihood that a material misstatement of the financial statements that will not be prevented or detected by the district’s internal control system or by employees during the normal course of business. A material weakness may also be a violation of current laws or regula- tions. It is the most serious type of finding. Reportable Condition – Control deficiencies exist when the design or operation of a con- trol does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A reportable condition is a significant deficiency in a control deficiency, or combination of control deficiencies, that adversely affects the district’s ability to record, process, summarize and report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the district’s financial statements that is more than inconsequential will not be prevented or detected by the district’s internal control. Management Improvement - A management improvement is not a material weakness or reportable condition, but suggests improvements to the district’s operations to conform to industry best practices. The following table lists the various internal control findings included in the financial statement findings section of the most current audit report dated June 30, 2009 and includes the prior year finding status: Monterey County Office of Education 13 AB139 EXTRAORDINARY AUDIT CLASSIFICATIONS Audit Findings 2009-1 Going Concern – Material Weakness The district’s financial situation has deteriorated to the point that 2008-1 Not Implemented a state emergency apportionment under SB130 has been issued. The district is under the supervision and control of the state su- perintendent of public instruction and a state administrator has been assigned. A fiscal recovery plan has been developed. The district will begin the implementation process during this fiscal year. 2009-2 Inventory of Equipment/Capital Assets The district does not have a method to track inventory of items – Significant Deficiency that exceed $5,000 or more that qualify as capital assets. 2008-2 Not Implemented Since 2003, the district has not updated the inventory listing or made an inventory observation to ensure that all capital assets are accounted for. 2009-3 Purchasing – Significant Deficiency Various staff members are not obtaining preapproval via a pur- 2008-3 Partially Implemented chase requisition for various expenditures. Proper segregation of duties does not exist exposing the district to a potential risk of misappropriation of funds. The financial system allows a duplicate invoice to be paid. 2009-4 Vacation/Comp Hours Carryover – Improper segregation of duties. The same individual initiates, re- Significant Deficiency cords and process payments to employees. 2008-4 Mostly Implemented One district employee is receiving payment for multiple duties during the same work day and hours. One instance where health insurance premiums were in arrears by $15,015. Lack of reconciliations for health insurance and other benefits to the general ledger. Violations of the CSEA contract which outlines restrictions on allowable carryover of vacation and compensatory hours from one year to the next. Several instances noted where the hours are be- ing carried over in excess of these limits. 2009-5 Cash Receipts – Significant Deficiency Bank reconciliations were not performed. 2008-5 Partially Implemented The district does not periodically transfer locally deposited funds to the county treasurer. The revolving account is not balanced back to the general ledger. The audit identifies several areas of material weaknesses and/or significant deficiencies related to the lack of internal controls. Internal Controls Internal controls are the principal mechanism for preventing and/or deterring fraud or illegal acts. Illegal acts, misappropriation of assets or other fraudulent activities can include an assort- ment of irregularities characterized by intentional deception and misrepresentation of material facts. Effective internal control processes provide reasonable assurance that a district’s operations are effective and efficient, that the financial information produced is reliable, and that the district is operating in compliance with all applicable laws and regulations. The internal control ele- ments provide the framework for an effective fraud prevention program. A good internal control structure includes the policies and procedures used by the district staff, adequate financial and information systems, the work environment and the professionalism of employees. In addition, the district should include the following elements in the plan: 14 Fiscal Crisis & Management Assistance Team AB139 EXTRAORDINARY AUDIT CLASSIFICATIONS Internal Control Element Control Environment This includes the code of conduct; policies for ethics, hiring and promotion guidelines; oversight by management, the board or an audit committee; and investigation of reported concerns. Fraud Risk Assessment The establishment of fraud risks for fraudulent reporting, asset misappro- priations, improper receipts or expenditures including adequate separation of duties. Control Activities Identify actions taken by management to prevent and identify misuse of the district’s assets preventing the override of controls within the system by any employee, including management. Information and Communication Establish effective fraud communication for employees. Ensure that employ- ees receive information regarding policies and opportunities to discuss ethi- cal dilemmas. Monitoring Conduct ongoing monitoring and periodic performance assessments for fraud deterrence. Examples of improper internal controls include the following: • Failure to segregate duties and responsibilities of authorization • Unrestricted access to assets or sensitive data • Failure to record transactions, resulting in lack of accountability and the possibility of theft • Unauthorized transactions, resulting in embezzlement or larceny • Lack of monitoring or implementing internal controls by management • Collusion among employees where little or no supervision exists A system of internal controls consists of policies and procedures designed to provide management with reasonable assurance that the school district achieves its objectives and goals. Traditionally referred to as hard controls, these include segregation of duties, limiting access to cash, manage- ment review and approval, and reconciliations. Other types of internal controls include soft con- trols such as management tone, performance evaluations, training programs, and maintaining established policies, procedures and standards of conduct. The internal control environment also includes the integrity, ethical values and competence of personnel; the philosophy and operating style of management; the way management assigns authority and responsibility and organizes and develops its people; and the attention and direction provided by the governing board and executive management. Internal controls can provide reasonable but not absolute assurance that the district will succeed in achieving its goals and objectives. Monterey County Office of Education 15 AB139 EXTRAORDINARY AUDIT CLASSIFICATIONS 16 Fiscal Crisis & Management Assistance Team PURCHASING/RECEIVING/ACCOUNTS PAYABLE Findings and Recommendations Purchasing/Receiving/Accounts Payable Lack of Segregation of Duties A fundamental element of internal control is the segregation of certain key duties. Adequate segregation of duties reduces the likelihood that errors will remain undetected by providing for separate processing by different individuals at various stages of a transaction and for independent review of the work. Based on information The principle underlying segregation of duties is that no obtained in interviews and employee or group should be in a position to commit and observations by FCMAT, the conceal errors or fraud in the normal course of duties. In district Business Department general, the principle of segregation of duties entails separating the custody of assets, authorizing or approving related transac- has a significant lack of tions affecting those assets, recording or reporting related segregation of duties and transactions, and executing the transaction activity. If any of fiscal oversight. these functions are combined in one employee, the possibility of theft increases. Purchasing schemes provide a dishonest employee with the ability to manipulate the district’s purchasing, receiving and accounts payable functions that can lead to asset misappropriation of inventory. The following are examples of methods used in a false billing scheme designed so that the district orders and pays for merchandise it does not need. • The purchasing agent also receives the goods. • Possible Outcome: The employee can place an order for more than is needed and keep the rest, or simply order merchandise for personal use. • The same employee has purchasing authority for the district and also prepares the accounts payable for commercial warrants. • Possible Outcome: The employee can create orders for personal use and make payments to the vendor. Based on information obtained in interviews and observations by FCMAT, the district Business Department has a significant lack of segregation of duties and fiscal oversight. For example, the former accounts payable clerk collected checks and cash, made deposits, reconciled bank accounts, generated purchase orders, and prepared commercial warrants for payment to vendors. The lack of segregated duties and multiple infractions of proper internal control procedures enabled the former accounts payable clerk to generate a purchase order for laptops, delete that purchase order from the system, receive the goods directly from the warehouse, and hide corre- spondence from the vendor regarding lack of payment. The team found no further irregularities in the purchasing or accounts payable functions. Monterey County Office of Education 17 PURCHASING/RECEIVING/ACCOUNTS PAYABLE Only two employees and one supervisor handle the district’s accounting functions. Therefore, segregating duties to maintain effective internal controls is difficult. The following measures should be implemented immediately to protect the district from embezzlement in the areas of purchasing and account payable. Recommendations The district should: 1. Consider redefining the staff’s roles and responsibilities. 2. Divide the assignment of functions that lead to a lack of segregating controls between the staff where possible. 3. Consider utilizing a part-time employee to help with segregation of duties or an employee from outside the Business Department such as the receptionist, executive assistant, or information technology technician. 4. Restrict the ability to add vendors to someone outside the accounts payable function. 5. Restrict access to the purchase order module to someone other than the accounts payable clerk. This responsibility could be assigned to the manager of the department. 6. Restrict business personnel from taking delivery of goods from the warehouse. 7. Ensure that receiving personnel have goods delivered to the appropriate department only after matching the receiving documents to the signed, approved purchase order. 8. Monitor internal controls periodically to ensure compliance. 18 Fiscal Crisis & Management Assistance Team CASH RECEIPTS AND DISBURSEMENTS MANAGEMENT Cash Receipts and Disbursements Management Cash Recording and Disbursements The district business office receives cash and checks from a variety of sources such as developer fees, retiree and board member health insurance premiums, driver training fees, and textbook and library fines. These receipts are recorded on prenumbered receipts and then placed in a safe pending deposit. Based on interviews and correspondence from the county office’s fiscal expert, the district lacked procedures to protect the safe’s contents as shown by the following. • The door to the district’s business office was left ajar, and the alarm was not activated on many occasions. • The safe has been located at a clerk’s desk and not in a locked office. • The safe has been left open and unattended. • Office keys and alarm codes are shared with several employees • There is no documentation regarding which employees had the combination to the safe at any given time. • The safe combination is not changed routinely to protect from a breach. Based on correspondence from the fiscal expert and a review of cash-receipts documentation, cash and checks were not deposited in the bank on a timely basis. Cash was reported missing two times in the past 14 months. On January 20, 2009, $1,261.46 that was deposited in the safe on January Because of the amount of time the 12, 2009 was reported missing. On November 16, missing cash went unnoticed and the 2009, $450 was discovered missing. Upon inves- lack of security described above, it was tigation, district personnel found that no deposits deemed impossible to determine who were made to the bank between October 9, 2009 and November 20, 2009, and more than $19,000 removed the cash in either incident. in checks and cash was in the safe during that five-week period of time. Because of the amount of time the missing cash went unnoticed and the lack of security described above, it was deemed impossible to determine who removed the cash in either incident. Best practices are to deposit receipts in the bank intact daily or weekly depending on the amount of collection. This helps ensure cash is protected and can help pinpoint the time and minimize the amount of loss if misappropriation does occur. Recommendations The district should: 1. Restrict office keys and alarm codes to key employees. 2. Ensure the office remains locked and alarmed at all times outside regular business hours. 3. Locate the safe in a separate office and ensure it remains locked at all times other than when cash and checks are secured or removed. Monterey County Office of Education 19 CASH RECEIPTS AND DISBURSEMENTS MANAGEMENT 4. Provide the combination to the safe only to the person responsible for receiving cash and the supervisor for back up. 5. Change the combination at least quarterly to enhance security. 6. Deposit cash and checks in a timely manner at least weekly. 20 Fiscal Crisis & Management Assistance Team PAYROLL, POSITION CONTROL, BUDGET AND PAID HEALTH INSURANCE BENEFITS Payroll, Position Control, Budget and Paid Health Insurance Benefits Human Resources/Payroll/Position Control /Budget The following files were used to compare employee names to verify that only board-authorized employees were included in the position control file and as active employees in the district’s budget and payroll records at the time of the FCMAT fieldwork: • 0910_KCJUHSD: A file created by the Human Resources Department consisting of a district personnel list of all active positions with detailed employee information on salary and benefits. • Position Control: A file created and maintained by the district’s business office management personnel for budget purposes that consists of a list of the personnel included in the 2009-10 budget divided by certificated and classified employees. • Payroll Earning files for the fiscal years of 2006-07, 2008-09 and the year-to-date transactions for 2009-10: Files created by and forwarded to FCMAT by the county office personnel consisting of a detailed transaction list of payroll information by date of pay. • 2009-2010 Payroll: A file generated by the district’s payroll personnel that is a summary of the fiscal years’ payroll activity listing the fiscal year-to-date gross pay by transaction code. • Various selected backup documentation to support unusual transactions or excessive overtime. FCMAT created a table listing the employee’s name and full-time equivalent (FTE) hours as listed in the position control file. The table was created to verify and validate employees listed as active in the Human Resources file. In addition, this information was utilized to verify employ- ees that received payroll warrants according to the 2009-10 payroll registers. An analysis of this table found the following inconsistencies: 1. One certificated employee is listed in the position control file as a .33 FTE and as receiv- ing a paycheck in the payroll file, but is not listed as an active employee in the Human Resources file. 2. Two certificated vacant positions included in the position control file are not listed as open positions in the Human Resources file. 3. Two classified employees are shown as “active” in the Human Resources file and as receiving a paycheck according to the payroll file, but neither employee was listed on the position control or budget files. 4. One classified employee was listed in the position control file, but not in the Human Resources file or the payroll file. FCMAT found no irregularities in the payroll system with the exception of those noted above. However, the district had not periodically reconciled the position control report, budget and payroll files. These files should be reconciled regularly to ensure that all active positions are valid and properly authorized. Monterey County Office of Education 21 PAYROLL, POSITION CONTROL, BUDGET AND PAID HEALTH INSURANCE BENEFITS An additional review was performed of excessive overtime and extra pay. One classified employee had $27,813 in gross pay on the mid-month payroll in October 2009. A review of the support- ing documentation found that this payment was for 1,000 hours of compensatory time from a total accumulated balance of 1,300 hours. The supporting documentation was signed by the site administrator and fiscal expert, but did not have the signature of the state administrator as required. Since October, this same employee has received extra pay on the tenth of each monthly payroll during the following months: • November 2009 $1,050 • December 2009 $1,343 • February 2010 $ 800 All overtime and extra time should be authorized in advance by management personnel with the authority to act on the district’s behalf. The district should review overtime authorization pro- cedures and ensure that the overtime is valid and paid only after the appropriate administrators have approved the timesheet. The district’s collective bargaining agreement with California School Employees Association (CSEA), section 5.11, states that “The employee may opt to carry over a maximum of 40 hours of compensatory time” from year to year. The district should enforce the contract language and develop a policy that limits the compensatory time employees may carry over annually. Retiree Benefit Review FCMAT reviewed the source document file (09-10 Retiree Benefit Payments). This is a staff- generated, detailed payment history of each retiree’s share of health and welfare premiums. During the review, each transaction recorded on the district’s spreadsheet was verified against the daily receipts log and traced to the district’s transmittal and stamped bank deposit receipt. The review found no apparent discrepancies between amounts received and amounts recorded for the bank deposits. The district should review However, there is a procedural weakness regarding the overtime authorization entering of data and recording of the transactions on the procedures and ensure that district’s spreadsheet. The detail list in the source document file was incomplete, and 27 of the 160 receipts were not the overtime is valid and paid entered into the “Retiree Benefit Payments” spreadsheet to only after the appropriate track payment history. Inconsistencies in updating the dis- administrators have approved trict’s file and maintaining current retiree-benefit informa- tion could lead to discrepancies between the district’s ongo- the timesheet. ing scheduled payments of retiree premiums and reconciling the district’s reimbursement of retiree costs. The district uses the payroll system to pay health-and- welfare premiums for retirees without utilizing a contra account. A contra account is an offset account used to ensure the district receives all payments. The remaining balances in this account indicate that the district is not receiving the correct amount from each retiree or that premiums are in-arrears for plan participants. A board member failed to reimburse the district for health insurance premiums paid on behalf of the board member. As of July 1, 2009, this board member owed the district $13,791, resulting in 22 Fiscal Crisis & Management Assistance Team PAYROLL, POSITION CONTROL, BUDGET AND PAID HEALTH INSURANCE BENEFITS the establishment of a payment plan. In the meantime, the district paid the premiums, and the current balance due as of February 2010 was $6,755. It should not be the business office staff’s responsibility to enforce collections for plan participants. Instead, all plan participants should make premiums payments in a timely manner or be eliminated from the policy. Recommendations The district should: 1. Reconcile the active payroll file with the position control and budget files periodically to ensure that only authorized personnel are paid and that all employees are accounted for in these files. 2. Ensure all overtime and extra time is authorized in advance by management personnel that have been given the authority to act on the district’s behalf. 3. Develop a policy that limits the compensatory time that employees may carry over annually, and enforce the CSEA collective bargaining agreement limiting carryover of compensatory time to a maximum of 40 hours annually. 4. Assign the business office to reconcile the deposit of retiree and board member premiums to the spreadsheet that contains the history of each person. 5. Require all plan participants that pay any portion of health insurance premiums to make these payments in a timely manner. 6. Establish a contra account to ensure that the district receives all retiree payments. 7. Establish a procedure to eliminate retirees and board members from the policy if premi- ums payments are not made in a timely manner. 8. Ensure all supporting documentation for overtime or compensatory time has the signa- ture of the state administrator. Monterey County Office of Education 23 PAYROLL, POSITION CONTROL, BUDGET AND PAID HEALTH INSURANCE BENEFITS 24 Fiscal Crisis & Management Assistance Team ANCILLARY FINDINGS Ancillary Findings FCMAT’s scope of work was limited to reviewing the district’s policies and procedures related to accounts payable processing, payroll, cash management including bank deposits and revolving accounts. However, during interviews and reviews of documentation, the team noted the fol- lowing additional items that may leave the district susceptible to misappropriation of assets and fraud. The district should further investigate these issues and take corrective action. The roles and responsibilities of the accounting staff are not clearly defined. Turnover among the small staff has left no one to handle certain responsibilities. For example, the current interim director 1o9f. 7fi6sc%al services and payroll clerk did not know exactly where bank reconciliations were filed, when they were last reconciled or who was responsible for reconciliation. In reviewing these files, the team noted that the ASB account reconciliation was last completed for December 2009; however, there was no preparer o5r 8re.5v5ie%wer signature even though a stamp for both signatures is included on the document. The team could not locate any reconciliations for the other bank 12.04% accounts. The payroll clerk indicated that the files under review were the only ones containing any bank reconciliations. Timely reconciliation of all bank accounts is a key element in detecting intentional or unintentional irregularities. The business staff has had a significant lack of guidance and supervision. The staff performs tasks that require additional training or supervision to complete accurately. For example, the state administrator indicated that he received a payroll check that incorrectly exempted him from state income tax. When this was brought to the payroll clerk’s attention, she did not understand how to correct the mistake. These examples are not intended to represent a comprehensive list of deficiencies, but are observa- tions made by FCMAT during fieldwork. Monterey County Office of Education 25 ANCILLARY FINDINGS 26 Fiscal Crisis & Management Assistance Team CONCLUSION Conclusion Every organization faces a variety of internal and external risks that must be identified, assessed and managed. While all employees in the organization bear some responsibility for internal controls, the governing board, upper management and now the state administrator are ultimately responsible. These leaders must demonstrate a commitment to the establishment of an effec- tive internal-control system and proper monitoring techniques to ensure compliance. Regular external audits are a strong deterrent to mismanagement and fraud, but they cannot serve as the only method of ensuring It is imperative for accountability. It is imperative for the district, the state admin- the district, the state istrator and governing board to review the findings and recom- administrator and governing mendations developed during the audit to implement necessary controls and hold the responsible parties accountable. board to review the findings FCMAT found significant material weaknesses in the district’s and recommendations internal control systems related to segregation of duties, lack developed during the of management oversight, and lack of policies and procedures audit to implement governing the internal control environment, which increase the necessary controls and probability of fraud and/or abuse in the future. hold the responsible parties The most recent audit report dated June 30, 2009 includes several findings related to lack of, or inadequate, internal accountable. controls. In addition, many of these findings were identified in the previous audit report and have not been resolved, or in some cases only partially implemented. These findings should be of great concern to the district, and immediate intervention is necessary to limit the risk of fraud, misappropriation of assets and illegal acts. Monterey County Office of Education 27 CONCLUSION 28 Fiscal Crisis & Management Assistance Team APPENDIX Appendix A. Study Agreement Monterey County Office of Education 29 APPENDIX 30 Fiscal Crisis & Management Assistance Team APPENDIX Monterey County Office of Education 31 APPENDIX 32 Fiscal Crisis & Management Assistance Team APPENDIX Monterey County Office of Education 33 APPENDIX 34 Fiscal Crisis & Management Assistance Team