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Meeting of the Board of Regents | March 2009

Monday, March 2, 2009 - 8:30am

sed seal                                                                                                 

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

Subcommittee on Audits

 

FROM:

Theresa E. Savo 

 

SUBJECT:

Board of Regents Oversight – Financial Accountability

 

DATE:

March 2, 2009

 

STRATEGIC GOAL:

Goal 5

 

AUTHORIZATION(S):

 

 

SUMMARY

 

Issues for Discussion

 

              Three items are presented for discussion with the Members of the Subcommittee on Audits including:

 

  • Status Report on the Wyandanch, Hempstead and Roosevelt Union Free School Districts
  • Results of the State of New York Single Audit (Attachment II)
  • Completed Audits – Including a Summary of the Department’s Internal Audit Workgroup (Attachment III)

 

Reason(s) for Consideration

 

              Update on Activities

 

Proposed Handling

 

              Discussion and Guidance

 

Procedural History

 

The information is provided to assist the Subcommittee in carrying out its oversight responsibilities related to audits of financial and reporting practices; performance audits or reviews; ethical conduct issues arising from audits; internal controls; and compliance with laws, regulations, and policies.

Background Information 

 

1.           Status Report on the Wyandanch, Hempstead and Roosevelt Union Free School Districts

              The Subcommittee will be updated on the fiscal status of the three school         districts.

 

  • Results of the State of New York Single Audit

Staff from the accounting firm of Toski, Schaefer & Co. will brief the Subcommittee on the results of the State of New York Single Audit as it relates to the State Education Department. The single audit looks at the Department's internal controls related to the larger federal grant programs, as well as compliance with federal regulations. The Department receives in excess of $3 billion in federal funds, most of which is sent to local education agencies. (Attachment II)

 

3.            Completed Audits

              The Subcommittee is being presented with 14 audits this month.  The audits have been reviewed by the Department’s Internal Audit Workgroup.  Their report is attached.  (Attachment III)

 

              Audits are provided as follows:

 

Office of the State Comptroller

 

              Copiague Union Free School District

              Greenburgh Central 7 School District

              Irvington Union Free School District

              Ithaca City School District

              Madison-Oneida BOCES

              Menands Union Free School District

              Monroe 1 BOCES

              Mount Pleasant Cottage Union Free School District

              North Collins Central School District

              Putnam-Northern Westchester BOCES

              Roosevelt Union Free School District

              Sayville Union Free School District

              Southwestern Central School District

              State Education Department – Criminal History Background Checks for School

                  Employees

              Wayne-Finger Lakes BOCES

             

Recommendation

 

For item one (Status Report), item two (Results of the State of New York Single Audit), and item three (Completed Audits), no further action is recommended. 

 

Timetable for Implementation

 

              N/A

 

The following materials are attached:

  • Roadmap
  • Minutes of the February Meeting (Attachment I)
  • Results of the State of New York Single Audit (Attachment II)
  • Review of Audits Presented – Department’s Internal Audit Workgroup (Attachment III)
  • Summary of Audit Findings (Attachment IV)
  • Audit Report Abstracts (Attachment V)


 

REGENTS SUBCOMMITTEE ON AUDITS

MEETING ROADMAP

 

Date:  March 2009

Time:  TBD

Location:  TBD

TOPIC

OUTCOME

WHO

MINUTES

Opening Remarks

 

Chair

3

Review Agenda/Minutes (Attachment I)

Approval

Conway

7

Status Report – Wyandanch, Roosevelt, and Hempstead Union Free School Districts

Information

Szuberla

15

Results of the State of New York Single Audit (Attachment II)

Information

Toski, Schaefer & Co.

15

Completed Audits – Including a Summary of the Department’s Internal Audit Workgroup (Attachment III), Summary of Audit Findings (Attachment IV), and Audit Report Abstracts (Attachment V)

Questions answered

OSC and Department Audit Staff

20


 

Your Subcommittee on Audits held its scheduled meeting on February 9, 2009.

 

Subcommittee Members in Attendance:

 

Geraldine D. Chapey, Chair

Regent Arnold B. Gardner

 

Other Member of the Board of Regents in Attendance:

 

Regent Roger Tilles

 

Discussion Items

 

  • Regent Chapey commented on the ever growing importance of audits as the economy further declines. One school district used its audit report as a consideration in preparing the following year’s budget.

 

  • Staff reported on some follow-up items from prior meetings.

 

  • As a follow up to the January 2009 meeting, staff informed the Subcommittee that the document summarizing audit trends arising from the school district and BOCES audits of the Office of the State Comptroller (OSC) will be presented to the members for their comment at the next meeting. 

 

  • Department’s Counsel reported on follow-up efforts with three school districts:

 

        1) Highland Central School District – Four out of five board members complied with the required training on financial oversight, accountability and fiduciary responsibility.  A hearing before the Commissioner for the remaining board member was scheduled for January 28.  However, the board member resigned prior to the scheduled hearing.

 

        2.) Amityville Union Free School District – Three board members who had not completed all the required training were given an extension (early March) to complete the requirement.

 

        3.) Ardsley Union Free School District – The District is reimbursing        employees for personal automobile and homeowner’s insurance      premiums. The school District’s attorney stated that the current        contract language indicates “any” insurance.  However, as contracts expire and new ones are negotiated, this provision is expected to be removed and contract language clarified.

 

  • Office of Audit Services (OAS) staff reported on the audits being presented to the Subcommittee this month.  A presentation of 9 of the 13 audits highlighted by the Department’s Internal Audit Workgroup was made.  Discussions of the findings follow.  Upon districts’ submission of corrective action plans, OAS staff will review to ensure all recommendations have been addressed.

 

  • Amherst, Bellmore-Merrick, Cuba-Rushford, Port Byron, Westhampton Beach and Wilson School Districts – Findings on Employee Benefits Accrued Liability Reserve (EBALR)

 

The balance of the reserve account exceeds the computed liability.

 

  • Albion Central School District

 

In order to keep the fund balance within statutory limit, the excess fund balance was used to fund or increase reserve accounts.  Among the reserve accounts included Other Post Employee Benefit Accrued Liability Reserve which the district did not have statutory authority to establish.

 

  • Cuba-Rushford Central School District

 

Unreserved, undesignated fund balance exceeds the limit by about $2 million.

 

  • Floral Park-Bellerose Union Free School District

 

The former superintendent received unauthorized and inappropriate payments for salary increases and leave accruals.  The unappropriated fund balance exceeded the statutory limit in the last four fiscal years ending June 30, 2007.

 

  • Niagara Falls City School District

 

This particular audit is of the District’s internal control over health insurance.  Benefits not provided for in the contract, costing the District $2 million, were provided. Retirees received benefits amounting to $80,000 that they were not entitled to.

 

  • It was agreed that staff from the Office of Education - P-16 will present the quarterly status report on Wyandanch, Hempstead and Roosevelt at the next Subcommittee meeting.

 

  • OAS staff provided a brief presentation on fund balance and reserves including: terminology, parts of the fund balance, portions that can be legally retained, various reserve accounts and corresponding statutory authorization, and common audit findings cited by the OSC audits. 

 

  • Completed audits presented this month:

 

Office of the State Comptroller

 

Albion Central School District

Alexander Central School District

Amherst Central School District

Belfast Central School District

Belleville Henderson Central School District

Bellmore Union Free School District

Bellmore-Merrick Central High School District

Carmel Central School District

Cheektowaga Central School District

Copenhagen Central School District

Cuba-Rushford Central School District

Downsville Central School District

East Rockaway Union Free School District

Elwood Union Free School District

Floral Park-Bellerose Union Free School District

Hilton Central School District

Jordan-Elbridge Central School District

Niagara Falls City School District

Port Byron Central School District

Rome City School District

Royalton-Hartland Central School District

Sackets Harbor Central School District

Sherman Central School District

South Jefferson Central School District

South Orangetown Central School District

Spackenkill Union Free School District

Unatego Central School District

Valley Central School District

Walton Central School District

West Seneca Central School District

Westhampton Beach Union Free School District

Wilson Central School District

 


Attachment II

 

New York State Single Audit

State Education Department Findings

and Corrective Actions

2007-08

 

 

Audit Report                                          08-SED-05

 

Federal Program(s)                  School Breakfast Program (10.553)

                                                        National School Lunch Program (10.555)

                                                        Special Milk Program for Children (10.556)

                                                        Summer Food Service Program for Children (10.559)

 

 

Finding

 

The School Breakfast Program, National School Lunch Program, Special Milk Program for Children and Summer Food Service Program for Children (Child Nutrition Cluster), does not provide for adequate protection of computer hardware that is used by the State Education Department.

 

During our on-site inspection of the physical environment and related security control over the data center, we observed that no fire suppression system has been installed in the data center.

 

State Education Department management is aware of the lack of adequate protection of assets from environmental factors and is in the process of constructing a new data center.

 

Recommendation

 

We recommend that the Child Nutrition (CN) Program Cluster either install an adequate fire suppression system within its main data center, or move the current data center to a new location that will allow for the proper protection of the computer equipment.

 

State Education Department Response

 

It should be noted that the CN data logs are backed up each night and the entire CN data base is backed up weekly. The entire CN system is also periodically backed up.  Back ups are stored off site, and in the event of a fire which damaged the CN data in the computer room, all CN data can be recovered to the night before the fire.  The most recent version of the system can also be recovered.  Therefore, in the event of a fire or other disaster, CN operations would be fully recovered once a new operating environment is established.

 

 The State Education Department is in the process of building a new server room. The server room will have a fire suppression system. The scheduled completion time frame is in the 2nd quarter of 2009. The new server room will house the hardware and operating environment on which the CN system will reside.

 

 

Audit Report              Finding #                      08-SED-27

 

Federal Program(s)                                Vocational Rehabilitation Grants to States (84.126)

 

 

Finding

 

We reviewed a sample of 40 case files, in the Manhattan District VESID VR Office, to determine if the eligibility status was determined within the timetable required.  In 12 of 40 cases tested, the individual’s eligibility was not determined within 60 days and an eligibility extension was not filed to note a reason for additional time needed to process the determination.

 

A similar finding, from the Syracuse District VESID VR Office, was included in the prior year’s single audit report as finding 07-26 on page 85.

 

Recommendation

 

The Department should strengthen its procedures over the review of the eligibility of individuals to ensure compliance with the requirement.

 

State Education Department Response

 

VESID procedures for the application and eligibility process are clearly defined in VESID policies with regard to the determination within 60 days of the application date.  The procedures also describe the requirement to notify the consumer and file the reason when an extension of time is necessary.   These requirements were reinforced with District Office Supervisors in November 2007 and all District Office staff received additional training by the Supervisors in early 2008. 

 

As a result of prior audit findings, VESID formed an Application Policy Development Work Team to review the policy and procedures related to the referral, application and the eligibility process. The charge of this Team is to assure that VESID is implementing the standards in policy for a prompt and equitable application and eligibility process.  The Team will issue a clarification memo by the end of 2008 which will further reinforce the procedures related to the review of eligibility, including timeliness.  When the determination of eligibility is delayed due to unforeseen circumstances, the process for noting the reason for additional time in the record of service and obtaining the agreement of the individual will be reiterated to ensure compliance with the requirement. 

 

Statewide training will be completed in March 2009 to support the memo implementation. Additional local training in the Manhattan Office will further implement the process.

 

 

Audit Report Finding #                     08-SED-28

 

Federal Program(s)                                Vocational Rehabilitation Grants to States (84.126)

 

Finding

 

We reviewed a sample of 40 case files, in the Manhattan District VESID VR Office, to determine if an individual was eligible for VR services.  In one of 40 cases tested, the individual’s eligibility determination was not signed or dated by the counselor.

 

A similar finding, from the Syracuse District VESID VR Office, was included in the prior year’s single audit report as finding 07-25 on page 83.

 

Recommendation

 

The Department should strengthen its procedures over the review of the eligibility of individuals to ensure compliance with the requirement.

 

State Education Department Response

 

In this finding, a sample of 40 case files was reviewed in the VESID Manhattan District VR Office to determine if an individual was eligible for VR services. In one of 40 cases tested, although the consumer was eligible, the individual’s eligibility determination was not signed or dated by the Counselor. While important to make sure all eligibility certificates are signed, we found that the issue was a somewhat isolated incident and has been rectified with the Counselor.

 

VESID monitors this issue across the State. In the summer of 2008, VESID conducted an internal case review of 350 cases statewide. There were only a few cases that showed issues with signature which have already been clarified.

 

However, to make sure this is clarified in the Manhattan District Office, an in-service training session will be conducted by management staff to make sure there is a clear understanding of the requirement. Additional case monitoring by the Manhattan Office will assure compliance.

 

 

 

 

 

 

Audit Report              Finding #                      08-SED-29

 

 

Federal Program(s)                                Vocational Rehabilitation Grants to States (84.126)

                                                                      Reading First State Grant (84.357)

 

Finding

 

We reviewed a sample of 25 subrecipient files, at the Reading First State Grants Office, to determine that all subrecipients had completed all parts of the application, including the certification that they are not suspended or debarred. In one of 25 files tested, the application was not completed and an appropriate official of the subrecipient did not sign the suspension and debarment certification.

 

We reviewed a sample of 40 Rehabilitation Services vendor contract files at the Contracts Administration Office to determine that all vendors had completed all parts of the contract, including the certification that they are not suspended or debarred.  In five of 40 contracts tested, the suspension and debarment certification was not present.

 

Recommendation

 

The Department should strengthen its procedures over the review of its review of applications to ensure compliance with the requirement.

 

State Education Department Response

 

As stated in the Reading First ‘Process Memo: Eligibility’, the Department uses a review checklist that is completed by staff for each incoming application prior to review and award.   The purpose of the review checklist process is to assure that each application is complete.  If required certifications are missing from an application, the applicant is contacted and requested to supply the missing signed suspension and disbarment certification.  In this case, the Department requested the missing signed suspension and disbarment certification.  However, the signed form was not received and entered into the files. 

 

In the future, the Department will verify that all required certifications are appropriately signed and entered into the files prior to grant award.  An additional step will be added by agency staff to complete a final review checklist prior to grant award.  This extra step should assure that all eligibility records are complete and the Department is in compliance with this requirement.   

 

SED agrees with the recommendation regarding the suspension and debarment certifications, but wishes to clarify as follows:

 

Per the auditors notes to the contract administration unit, there were 4 contracts which had missing suspension and debarment certifications and 1 missing vendor responsibility certification.  SED has followed up with the 4 contractors to obtain replacement suspension and debarment certifications and has requested a copy of the vendor responsibility certification from OSC.  As noted at the exit conference, the contract would not have been approved by OSC if the vendor responsibility forms were not obtained and submitted to OSC.  SED is revising the contract boilerplate to embed the noted certifications in the contract document.  This should help to alleviate the potential for the misplacement of these forms over the term of the contract.

 


Attachment III

 

Regents Subcommittee on Audits

March 2009

Review of Audits Presented

Department’s Internal Audit Workgroup

 

 

Newly Presented Audits

 

We reviewed 15 audits that are being presented to the Subcommittee this month.  One audit was of a Department function, ten were of school districts and four were of BOCES; all were issued by the Office of the State Comptroller (OSC).  The findings were in the areas of procurement, budgeting, information technology, financial reporting, claims processing, cash, fingerprinting, payroll, segregation of duties, and other, such as, effectiveness of independent audit services.  Three of the four BOCES audits which assessed controls at Regional Information Centers did not result in any recommendation.

 

The Department has issued letters to the auditees, reminding them of the requirement to submit corrective action plans to the Department and OSC within 90 days of their receipt of the audit report.

 

The Department’s Internal Audit Workgroup identified five of the audits for further review and follow-up.

 

  • State Education Department Criminal History Background Checks for School Employees

 

Summary of Audit

 

The Department was not monitoring the status of its ongoing background checks and was unaware that many of the background checks could not be completed because of data transmission failures, or blurred fingerprint images.  When the background checks were completed, it was determined that at least 157 of the 469 applicants being checked had been hired by public schools before their background checks were complete. Thirty of the 157 applicants had some kind of criminal history, and 1 of the 30 would not have been cleared to work in schools if his background check had been completed before he was hired.

 

Follow-up Action

 

The Department has instituted the recommendations and made other significant improvements to strengthen the process. The Department has addressed technical issues, revised internal controls, and implemented new measures to streamline fingerprint application processing.  Some of the actions are: making the computer system fully operational, having electronic fingerprint processing available at 38 BOCES and school district locations, and tracking fingerprint applications on a daily basis.  The Subcommittee will be briefed on the actions taken, and Office of Audit Services (OAS) will provide information on the 90-day status of recommendations.    

 

  • Copiague Union Free School District

 

Summary of Audit

 

The balance of the District’s Employee Benefit Accrued Liability Reserve (EBALR) exceeds the liability for compensated absences by $3,857,591. Further, interest earned by the EBALR has been improperly added to the general fund. 

 

Follow-up Action

 

Upon the District’s submission of the corrective action plan for this audit, OAS staff will review to ensure all findings have been addressed.  OAS will also monitor any legislative changes affecting this Reserve account and will keep the Subcommittee informed.

 

  • Greenburgh Central 7 School District

 

Summary of Audit

 

The District’s unreserved, unappropriated fund balance in the general fund, totaled $2.8 million as of June 30, 2007. This was in excess of the amount allowed by Real Property Tax Law by about $1.2 million.  The board also retroactively established a tax certiorari reserve fund of nearly $2 million in October 2007 to fund the settlement of tax certiorari cases of the preceding 2006-07 fiscal year, which is not in compliance with Education Law.  The District also failed to establish a proper procedure to ensure that background checks are performed on independent contractors who have contact with students. Four independent contractors with direct student contact were tested, and it was found that District officials had not performed required background checks on any of them. 

 

Follow-up Action

 

Upon the District’s submission of the corrective action plan for this audit, OAS staff will review to ensure all findings have been addressed.  OAS will also analyze the district’s fund balance and reserves for the last seven years.  The Department’s Office of School Personnel Review and Accountability (OSPRA) sent a letter to District officials reminding them of their obligation under the SAVE law.  OSPRA also provides annual guidance to school districts, BOCES, Charter and private schools and other interested parties which reminds them of the obligations under the SAVE law and provides updated information about new technology advancements for the processing and management of fingerprint applications and information.  OSPRA staff will continue to provide technical assistance.

 

  • North Collins Central School District

 

Summary of Audit

 

Expenditures were overestimated by a total of $4.3 million over three fiscal years (2004-05 through 2006-07), and the fund balance appropriated was not used as budgeted. As a result, there was an increase in the property tax levy of approximately $377,600. District officials were also unable to provide adequate justification for three general fund reserves (totaling approximately $2.1 million), and reporting $1.5 million in a bonded debt reserve which sat idle, accumulating interest for over six years, while debt service expenditures paid from operating funds totaled over $7.8 million for that same time period.

 

Follow-up Action

 

Staff from the Office of Education - P-16 will contact the superintendent to discuss the findings.  Upon the District’s submission of the corrective action plan for this audit, OAS staff will review to ensure all findings have been addressed. OAS will also analyze the districts fund balance and reserves for the last seven years.  

 

  • Sayville Union Free School District

 

Summary of Audit

 

Although the District established an Employee Benefit Accrued Liability Reserve (EBALR), payments for compensated absences during the 2005-06 fiscal year were made from the general fund.  In addition, the EBALR account is overfunded by as much as $3.2 million.  The District also improperly credited more than $853,000 in net interest earned by the EBALR to the general fund.

 

Follow-up Action

 

Upon the District’s submission of the corrective action plan for this audit, OAS staff will review to ensure all findings have been addressed.   OAS will also monitor any legislative changes affecting this Reserve and will keep the Subcommittee informed.

 


Audit

Procurement

Claims Processing

Payroll

Cash

Financial Reporting

Information Technology

Segregation of Duties

Budgeting

Fingerprinting

Other

 

Office of the State Comptroller

 

 

 

 

 

 

 

 

 

 

Copiague Union Free School District

 

 

 

 

 

 

 

Greenburgh Central 7 School District

 

 

 

 

 

Irvington Union Free School District

 

 

 

 

 

 

 

 

 

Ithaca City School District

 

 

 

 

 

 

 

Madison-Oneida BOCES

 

 

 

 

 

 

 

 

 

 

* Menands Union Free School District (footnote 1)

 

 

 

 

 

 

 

 

Monroe 1 BOCES

 

 

 

 

 

 

 

 

 

 

Mount Pleasant Cottage Union Free School District

 

 

 

 

 

 

 

 

North Collins Central School District

 

 

 

 

 

 

Putnam-Northern Westchester BOCES

 

 

 

 

 

 

 

 

Roosevelt Union Free School District

 

 

 

 

 

 

 

 

 

Sayville Union Free School District

 

 

 

 

 

 

 

 

 

Southwestern Central School District

 

 

 

 

 

 

 

State Education Department

 

 

 

 

 

 

 

 

 

Wayne-Finger Lakes BOCES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March 2009 Total

7

2

1

2

5

6

1

1

2

1

 

* Other:

1

Effectiveness of Independent Audit Services


 

Summary of Current and Prior Audit Findings

 

 

May 2007 - April 2008

May 2008

June 2008

September 2008

October 2008

November 2008

December 2008

January 2009

February 2009

March 2009

Running Total

Procurement

97

9

2

35

6

6

8

13

16

7

199

Capital Assets

18

0

0

1

0

0

0

0

0

0

19

Claims Processing

108

9

3

16

3

7

5

3

8

2

164

Payroll

107

13

2

24

5

7

10

12

11

1

192

Cash

80

13

3

21

4

4

5

5

13

2

150

Financial Reporting

64

5

1

15

3

8

5

8

11

5

125

Information Technology

100

8

1

25

6

11

11

10

12

6

190

Capital Construction

5

0

0

0

0

0

0

0

0

0

5

Extraclassroom Activity Fund

7

0

0

6

1

1

1

1

0

0

17

Segregation of Duties

47

4

3

6

2

2

1

1

2

1

69

Budgeting

9

1

6

1

1

0

1

1

0

1

21

Conflict of Interest

10

2

0

4

1

1

3

1

3

0

25

Fingerprinting

0

5

1

0

1

1

1

2

0

2

13

Other

7

2

5

19

4

17

1

23

5

1

84

Total

659

71

27

173

37

65

52

80

81

28

1,273

 


Definitions of Categories

 

Procurement – includes findings related to lack of a contract, failure to competitively bid, failure to use purchase orders, lack of segregation of duties, no approval of the purchase and a lack of documentation.

 

Capital Assets – includes failure to have a manager responsible, lack of policy, and inappropriate disposal.

 

Claims Processing – includes claims being paid without adequate documentation, failure to audit the claim, an untrained claims auditor, and a claims auditor that lacks independence.

 

Payroll – includes a lack of segregation of duties in the payroll process; no policy and procedures and inappropriate payments to district administrators including leave accruals and health benefits; improper classification of employees; insufficient policies and procedures for the employee retirement system; improper contractual benefit payments; and improper longevity payments to the former superintendent.

 

Cash – includes poor control of cash, failure to prepare bank reconciliations, and weaknesses in the treasurer’s duties.

 

Financial Reporting – includes inaccurate accounting statements, such as, an overstated fund balance, fund balance exceeding the legal limit, general fund transfers without voter approval, and improper use of accrued liability reserve funds.

 

Information Technology – includes lack of a disaster recovery plan, failure to back up information, inappropriate or undocumented user rights, inappropriate or missing password protection, and no policy and procedures.

 

Capital Construction – includes a lack of detailed accounting records related to a capital project, undocumented expenses, inappropriate and unapproved change orders.

 

Extraclassroom Activity Fund – includes poor accounting over funds and no documentation of expenses.

 

Segregation of Duties – includes weakness in control caused by individuals having responsibility for incompatible functions.

 

Budgeting – includes budget reviews required for school districts that have received approval for deficit financing, poor revenue projections and use of fund balance.

 

Conflict of Interest – includes personal conflicts of board members, district officials, and district employees where they have an interest in a contract, where they have the power, or may appoint someone who has the power to negotiate, authorize, approve, prepare, and make payment or audit bills or claims of the contract.

 

Fingerprinting – includes failure to fully comply with fingerprinting requirements.

 


Office of the State Comptroller

Audit

Major Finding(s)

Recommendation/Response

Copiague Union Free School District

Internal Controls Over Financial Operations

2008M-213

10th Judicial District

 

(Contract for Excellence District)

 

Although District officials properly established their Employee Benefit Accrued Liability Reserve (EBALR), it was not being adequately maintained. The fund was established during 2002-03 by transferring $3,835,217 from an existing accrued liability for compensated absences. Transfers to and expenditures from the reserve totaled $5,830,802 and $383,077 respectively and have left the fund with a balance of $9,282,942 as of June 30, 2007. This exceeds the liability for compensated absences by $3,857,591. Further, interest earned by the EBALR has been improperly added to the general fund.

 

The board also temporarily appointed the treasurer to act as the claims auditor for a three month period, even though the treasurer was not eligible for the position.

 

Finally, ten payments to professional service providers (totaling $1,773,466) were tested, and it was found that six professionals were hired without the solicitation of requests for proposals as required by District policy. These providers collectively received $1,044,706. District officials also did not comply with policy when they did not obtain oral or written quotes for nine of the ten purchases and public works contracts totaling $12,405.

 

4 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding the EBALR fund, claims auditing and procurement.

 

The District agreed to comply with the recommendations pertaining to the Employee Benefit Accrued Liability Reserve fund, the appointment of a claims auditor, and the use of requests for proposals in obtaining goods or services. The District has indicated that they will implement corrective action shortly, if they have not done so already.

 

Greenburgh Central 7 School District

Internal Controls Over Selected Financial Activities

2008M-236

9th Judicial District

 

 

The District’s financial statements as of June 30, 2007, showed an unreserved, unappropriated fund balance in the general fund, totaling $2.8 million. This was in excess of the amount allowed by Real Property Tax Law by about $1.2 million. The excess fund balance should have been used to benefit taxpayers by reducing taxes, funding one-time expenditures, or reducing debt. The board also retroactively established a tax certiorari reserve fund of nearly $2 million in October 2007 to fund the settlement of tax certiorari cases of the preceding 2006-07 fiscal year, which is not in compliance with Education Law.

 

The District procured approximately $250,000 in professional services from seven vendors without using requests for proposals (RFP’s) or soliciting competitive quotes.

 

Further, there was a lack of segregation of duties in the payroll function, and as a result, the District had overpaid 68 teaching assistants approximately $35,000 during 2007-08. The treasurer opens and closes bank accounts, signs checks, initiates bank wire transfers, prepares journal entries, and reconciles bank accounts; all with no oversight.

 

The District also failed to establish a proper procedure to ensure that background checks are performed on independent contractors who have contact with students. Four independent contractors with direct student contact were tested, and it was found that District officials had not performed required background checks on any of them. 

 

Finally, three of the District’s servers are not located in secure areas, and adequate security measures have not been taken to safeguard some computerized data and hardware. This could ultimately result in the loss of, or unauthorized access to computerized equipment and personal and confidential data.

8 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding financial oversight and control, professional services, segregation of duties, criminal background checks, and information technology.

 

District officials agreed with the recommendations specifically pertaining to fund balance, the tax certiorari reserve, RFP’s and acquiring professional services. The District has also conceded with the findings regarding preventative controls for the segregation of duties, criminal background checks for independent contractors with direct student contact, and the security and protection of computerized hardware and data. The District has indicated that many of the specified items in the report have since been addressed, and those which have not, will be addressed in the corrective action plan.

 

Irvington Union Free School District

Internal Controls Over Purchasing

2008M-253

9th Judicial District

 

 

In March 2008, the board adopted a new purchasing policy that is not specific as to the number of quotes that need to be obtained. The District issued 330 purchase orders from March 2008 to October 2008. Twenty-six purchase orders (totaling $97,188) were reviewed to determine if the District obtained quotes prior to making the purchases. The District failed to solicit quotes for ten of the purchase orders (totaling $27,350).

 

2 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding procurement.

 

The District agreed with the recommendations specifically pertaining to the adherence to District policy when purchases are made, and the revision of the purchasing policy in order to specify the number of written quotes required. The District has agreed to implement corrective action as soon as possible to address the findings.

Ithaca City School District

Internal Controls Over Selected Financial Operations and Potential Cost Savings

2008M-237

6th Judicial District

 

 

The purchasing agents did not always ensure that the District adhered to General Municipal Law (GML) and District policies when procuring goods and services. The District did not competitively bid purchases (totaling $268,864) as required by GML. The District also overspent an approved bid (by a total of $43,311) during the audit period. Additionally, the District paid 60 invoices (totaling $65,032) prior to personnel preparing purchases orders for these purchases.

 

The treasurer did not supervise and control the use of her facsimile signature, and was not notified when her signature was applied to accounts payable checks. There were no material discrepancies found upon review of the cash receipts and disbursements. The board did not audit claims during our audit period, and had not appointed a claims auditor.

 

Finally, if the District chose to implement power management settings, they could save approximately $40,100 annually. The District also did not have a formal disaster recovery plan to protect the District’s data in the event of an emergency situation.

 

12 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding procurement, cash receipts and disbursements, and information technology.

 

The District agreed with the recommendations pertaining to the procurement policy and verbal quotations, compliance with GML, purchase orders, the treasurer’s signature disk, cash receipts and disbursements, energy conservation settings on District computers, a disaster recovery plan, and computer user access. The District has agreed to implement corrective action as soon as possible to address the findings.

Madison-Oneida BOCES

2009M-12

6th Judicial District

 

 

The State Comptroller is required to audit all school districts, BOCES, and charter schools in the State by March 2010. Often it is required by generally accepted government auditing standards, to contact a BOCES Regional Information Center (RIC) to gather information about a school district’s information technology systems that are provided or serviced by the RIC. Based on the review of policies and procedures of technology services the RIC provided to component school districts, it was concluded that controls are adequately designed.

 

There were no recommendations.

 

Menands Union Free School District  Independent Audit Services

2008M-196

3rd Judicial District

 

 

Instances were found where the CPA firm could have improved its audit approach and documentation. Auditing standards were not up to par in relation to fraud detection, and there was no indication that the CPA firm documented an audit response to the risk of District management overriding controls, as mandated by auditing standards. The CPA firm also failed to document tests required under professional standards to test for management override of controls.

 

Finally, the CPA firm did not adhere to certain fieldwork standards relating to documentation requirements, and there were no conclusions for 18 out of 28 of the audit steps. The CPA firm also did not properly report control deficiencies to the board, as required.

 

2 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding the procurement and effectiveness of audit services.

 

The District agreed with the findings, while the CPA disagreed with the findings, especially those pertaining to planning the audit, defining work performed in the audit, the documentation of journal entries, the documentation of extra-classroom activities, and communicating internal control related matters.

Monroe 1 BOCES - Regional Information Center

2008M-254

7th Judicial District

 

 

The State Comptroller is required to audit all school districts, BOCES, and charter schools in the State by March 31, 2010. The school district audits generally require contacting a BOCES Regional Information Center (RIC). Since it would be burdensome to have multiple audit teams visit the Monroe I BOCES RIC to gather similar information, one group of examiners was assigned to gather the needed information for the audits.

 

Based on inquiries that were made of the RIC management and the review of policies and procedures during the examination of technology services the RIC provided to component school districts, it was concluded that as of November 13, 2008, controls were adequately designed and operating effectively.

There were no recommendations.

 

Mount Pleasant Cottage Union Free School District

Internal Controls Over Selected Financial Activities

2008M-230

9th Judicial District

 

 

The District over-expended 11 of 218 budget accounts (by $30,067) during the 2007-08 fiscal year. For the period of July 1, 2008 to September 13, 2008, 20 of 218 budget accounts were overexpended (by $592,363). In addition, 9 of the 15 budget transfers reviewed, (totaling $637,847), were not made in a timely manner. The budget transfers were authorized at the end of the 2007-08 fiscal year and were processed in the following fiscal year. The District purchases were also not encumbered. Additionally, the chief financial officer did not correctly code 12 budget accounts (totaling $571,976). The chief financial officer also failed to budget for five recurring expenditures (totaling $20,779).

 

Board policies were not implemented, and requests for proposals (RFP’s) were not obtained when making purchases. District officials did not solicit RFP’s or allow for any other form of competition prior to contracting with 9 of the 12 professional service vendors used by the District. The payments that were made to the nine vendors totaled $575,346.

 

Finally, five business office employees and the District clerk have access to aspects of the accounting system which are not required to perform their job duties. The director of technology granted two vendors access to critical and sensitive resources using a system administrator account to upgrade software applications. The District also does not have a process to document authorization and changes made to software, and there is no disaster recovery plan in place in case of an emergency.

10 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding purchasing, and information technology.

 

The District has indicated that although they have inadequate resources to do all that is desirable, they will continue to strive to be efficient and effective in their use of public money. The District will submit a corrective action plan as soon as possible to address the recommendations.

 

North Collins Central School District

Internal Controls Over Selected Financial Operations

2008M-127

8th Judicial District

 

 

Even though approximately $1 million of unreserved fund balance was appropriated annually to reduce tax levy for six fiscal years (2001-02 through 2006-07), the superintendent and board repeatedly raised the amount of taxes levied in order to meet their unrealistic budgetary estimates for sustaining District operations. Expenditures were overestimated by a total of $4.3 million over three fiscal years (2004-05 through 2006-07), and the fund balance appropriated was not used as budgeted. As a result, there was an increase in the property tax levy of approximately $377,600. District officials were also unable to provide adequate justification for three general fund reserves (totaling approximately $2.1 million), and reporting $1.5 million in a bonded debt reserve which sat idle, accumulating interest for over six years, while debt service expenditures paid from operating funds totaled over $7.8 million for that same time period.

 

Further, the District did not establish appropriate controls over wire transfers and journal entries by segregating the key duties of initiating, authorizing, confirming, and posting transactions. There is also a lack of oversight provided to the claims auditor, and as a result, claims were not properly audited before payment.

 

District officials also failed to ensure that Transportation Department expenditures were adequately authorized or monitored, did not follow policies for awarding bids, did not secure a written vendor agreement, and did not document an investigation of unsupported vendor claims as required by policy. Additionally, proper records were not maintained by the District, and it was not ensured that expenditures were reasonable or accurate. There was approximately $66,700 in charges with insufficient documentation, and $13,500 in excessive or unnecessary charges. District officials also failed to keep inventory records or monitor vehicle fuel and oil usage, and did not maintain liability insurance for the District’s fuel storage tank.

 

Finally, users had more access to the District’s computerized financial system than necessary to complete their job duties, management did not routinely monitor user activity, and the District lacked a disaster recovery program. The financial system administrator duties were performed by the business administrator, who held key financial responsibilities.

19 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding financial condition, cash disbursements, transportation and related expenditures, and computerized data.

 

The District agreed with the findings specifically pertaining to overestimated operating expenditures, the claims auditor, wire transfers, journal entries, bank reconciliations, vendor selection and bid specifications, goods and services, and fuel inventory. The District has indicated that they will initiate corrective action as soon as possible to address the findings.

 

Putnam-Northern Westchester BOCES  Internal Controls Over Claims Processing and Information Technology

2008M-216

9th Judicial District

 

 

BOCES officials did not always provide proper oversight to ensure that payments on professional services corresponded with contract rates. Thirty-eight claims (totaling $180,610) from 34 professional service providers were reviewed and it was found that payments for eight claims totaling $11,014 were not in conformance with the contract rates. Of these eight claims, six (totaling $8,164) were made to professional service vendors based on claims submitted at an hourly rate, while contract terms stated a daily rate. The other two claims totaling $2,850 had been submitted for payment at rates that were not in accordance with the daily rate of $700 as stated in the contract.

 

BOCES officials are also not routinely monitoring computer use policies, and several unauthorized downloads were found, as a result. BOCES also has not established the proper policies to monitor the physical security of the District’s server room.

 

Finally, significant weaknesses were found in the BOCES’ controls relating to password security.

5 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding claims processing and information technology.

 

Specifically, the District has agreed with the recommendations pertaining to contracts containing all acceptable rates to be paid, contracts being made available to the claims auditor, the claims auditor reporting  results, the enforcement of IT policies, monitoring software inventory, and the physical security over IT assets. BOCES has agreed to implement corrective action to address all recommendations.

Roosevelt Union Free School District

Second Quarter Report on the 2008-09 Adopted Budget

2009M-22

10th Judicial District

 

(Fiscal Stress District)

 

In order to reduce the amount of property taxes for the 2008-09 year, the District appropriated $2 million from fund balance. The appropriation of fund balance results in a planned operating deficit. Based on the analysis of the District’s general fund revenues and expenditures reported in December 2008, it was determined that the District is on track to exceed its revenue projection and to stay within its budgeted expenditure limits. If this continues, the District could end the year with an operating deficit of only $800,000, or about $1.2 million less than planned.

 

Additionally, 87 account codes appear to be over-expended by approximately $11.5 million.

 

Finally, District officials have not updated accounting records to show estimated special aid fund revenues for three grants totaling $216,024. The District’s revised special aid fund budget is also not balanced and estimated revenues are less than budgeted appropriations by $59,937.

 

5 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding the District’s general fund balance.

 

The District specifically agreed with the recommendations regarding budgetary transfers of appropriations, AIG funds being used for their intended purpose, grant program appropriations, special aid funds and budgeted expenditures, and updating accounting records for awarded grant programs. The District has indicated that they will implement corrective action shortly, if they have not done so already.

Sayville Union Free School District Employee Benefit Accrued Liability Reserve

2008M-245

10th Judicial District

 

 

Although District officials paid $356,446 for compensated absences during the 2005-06 fiscal year, these expenses were paid for from the general fund and not from the Employee Benefit Accrued Liability Reserve (EBALR). District officials added an additional $7.1 million to the reserve, which raised the total to $9.2 million as of June 2007, which exceeded the $6 million liability for compensated absences. As a result, the EBALR was over funded by as much as $3.2 million. The District also improperly credited more than $853,000 in net interest earned by the EBALR to the general fund.

 

5 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding the EBALR fund.

 

The District agreed specifically with the recommendations pertaining to financial planning to fund current liabilities through Reserve funds, and the actuarial value of all Other Post-Employment Benefits (OPEB). The District has indicated that they will initiate corrective action as soon as possible to address the findings.

Southwestern Central School District

Internal Controls Over Selected Financial Operations

2008M-233

8th Judicial District

 

 

The District has not adequately monitored its financial condition, which resulted in the June 30, 2007 unreserved, unappropriated fund balance amounting to approximately $1.3 million, which is nearly twice the legal limit that a school district is allowed to retain. The District has established various reserves, which continue to increase; however, the District did not demonstrate the need for balances maintained.

 

Further, certain employees were paid for unused leave time, in the amount of $20,414, without proper board authorization. The District does not have a process for tracking employee attendance, and there is no signature from the employee or a manager attesting to the time worked. There are also no procedures in place to account for leave time usage and balances.

 

The information technology system at the District has limited security features. There is no process for the addition or deletion of a user from the network, resulting in former employees still having access. The District is also lacking a formal disaster recovery program, and virus definitions on network computers are not coordinated. And finally, an outside organization has access to District resources as their website host, which leaves the District vulnerable.

10 recommendations

 

The report’s recommendations focused primarily on strengthening the policies and procedures regarding the financial condition, payroll processing, and network security.

 

The District has agreed with the recommendations pertaining to the fund balance and budgets, the liability, insurances, and unemployment reserves, the bonded debt reserve, board minutes and leave time, and network security. The District has agreed to implement corrective action as soon as possible.

 

State Education Department

Criminal History Background Checks For School Employees

2007-S-119

 

 

Outside of New York City, criminal background checks are coordinated and overseen by the State Education Department (Department). The Department receives initial applications for background checks, forwards the applications for processing, receives the results of the background checks from the Division of Criminal Justice Services (DCJS) and the FBI.

 

Because schools are allowed to hire individuals conditionally before background checks are conducted, there is a risk that individuals with inappropriate criminal backgrounds could be hired, and have direct contact with students. The Department was not monitoring the status of its ongoing background checks and was unaware that many of the background checks could not be completed because of data transmission failures, or blurred fingerprint images. The background checks were only completed because the Office of the State Comptroller intervened and asked the Department to follow up with the FBI and DCJS.

 

When the background checks were completed, it was determined that at least 157 of the 469 applicants being checked, had been hired by public schools before their background checks were complete. Thirty of the 157 had some kind of criminal history, and one of the 30 would not have been cleared to work in schools if his background check had been completed before he was hired.

 

4 recommendations

 

The Office of the State Comptroller has recommended that the Department actively monitor whether all requested background checks are being completed in a timely manner, and take appropriate action when they are not. The Department should also remind schools of their obligation to request background checks before applicants are hired.

 

The Department officials generally agreed with the findings and recommendations pertaining to background checks, and they indicated that the audit covered a period of critical transition when the work flow process was undergoing change from a largely paper-based process to a completely electronic process, and significant backlogs resulted.

 

The Department stated that a number of improvements have already been implemented and new monitoring practices should soon be in place.

Wayne-Finger Lakes BOCES

2009M-13

7th Judicial District

 

 

The State Comptroller is required to audit all school districts, BOCES, and charter schools in the State by March 2010. Often it is required by generally accepted government auditing standards, to contact a BOCES Regional Information Center (RIC) to gather information about a school district’s information technology systems that are provided or serviced by the RIC.

 

Based on the review of RIC management, and the review of policies and procedures during the examination of technology services the RIC provided to component school districts, it was concluded that controls were adequately designed.

There were no recommendations.