Thursday, February 28, 2008

County audit a ‘dramatic report’

By James Robinson
Staff Writer

Government auditors presented a preliminary draft of the county’s 2006 financial statements to the Board of County Commissioners Monday, and the findings indicate the financial train wreck revealed in the 2005 audit report persisted through the following year — although key players connected to the audit process said they weren’t surprised.

Al Bledsoe, a member of the Citizen’s Financial Advisory Task Force who has followed the county’s forensic and government audits closely said, “It’s not surprising that you have these results. The numbers were bad in 2005, and nothing had been done since then.”

Karla Willschau of the auditing firm Wall, Smith, Bateman & Associates presented the preliminary report to the board — Willschau anticipated that a final audit report would be ready for submission to the state by Wednesday — and said the 2005 audit had revealed, that virtually “everything was wrong” with the county’s finances and financial practices, while 2006 audit results showed that those conditions remained the same.

For example, the 2005 audit listed a number of significant problems, such as overspending, a lack of internal controls, difficulties managing internal service funds, and a failure to reconcile accounts and fund balances between the treasurer’s office and the accounting general ledger. To compound the county’s financial problems, many of the same issues were raised in the 2003 and 2004 audit reports, although apparently little, if anything, was done to correct the organization’s errant financial course.

In the 2006 report, the document details a litany of financial horrors that had continued unchecked since 2005, and which resulted in a 2006 “disclaimed audit report,” and “no opinion on county financials.” (Willschau made the same statements during last year’s 2005 audit.)

For example, as a result of poor or nonexistent internal controls, “at Dec. 31, 2006, all of the county’s fund general ledgers were incorrect and required the attention of an outside accounting firm to reconcile the balance sheet accounts which resulted in numerous material adjustments.” Many of which Willschau said, balanced the books, yet contained visible errors and unclassified revenue and expenditure balances, which will require further work and cleanup.

In addition, the county violated state statute on at least two occasions. According to the audit, the first violation occurred when the county ran a $3 million dollar deficit fund balance or net asset condition across a variety of funds. And second, expenditures, also across a variety of funds, exceeded revenues by $3.37 million. Worse, the approved 2006 budget already showed expenditures outstripping revenues by nearly $2 million from day one, however the final 2006 analysis indicates spending went far beyond the budgeted overspending, and hindsight shows many of the numbers found in the 2006 budget are likely far from accurate.

Willschau said another key issue with the county’s financial troubles in 2006 was the improper management of internal service funds, which Willschau said should be a “break even proposition.”

Not so in 2006.

According to the report, internal service funds such as fleet, nutrition and the county’s self insurance fund contributed $1.9 million to the $3 million dollar deficit.

“That $1.9 million has accrued here to the great disservice of the county. Internal service funds have made accounting here unduly complex. Get rid of them.” Willschau said.

The airport also produced its own share of questions with the preliminary audit report indicating that there was $1.7 million in excess spending at the airport. Although it is unclear if the overage was truly the result of overspending or the mis-classification of funds, Archuleta County Finance Director Don Warn said additional audit work and staff research would help solve the airport, and other deficit fund balance, puzzles.

In summarizing the county’s financial statement to the board, Willschau said, “All I can say is there are a lot of strange numbers in these financial statements. You have to take them with a grain of salt. They are not correct. They are the best we could come up with.”

Through the county’s recent financial history, a failure to reconcile accounts appears to have played a major role in the organization’s financial demise. However, Willschau said, “Although there are some things that have gone wrong, there are some things that have gone very right. The treasurer’s office has always reconciled cash. It’s the only place in the county where cash has been reconciled,” but Willschau said that alone was not enough.

Although Bledsoe’s comment might make it sound as though the county has done nothing to rectify problems since it’s abysmal financial state was revealed in the 2005 audit report, it is critical to note the timetable required for audits, and the county’s adherence, or lack thereof to that timetable and key factors related to the escalation of the crisis.

In the case of the county’s annual, state mandated audit, the report is due July 31 — seven months after the close of the county’s budget year. State auditors typically provide a 60-day grace period after the July 31 deadline, yet, beginning in 2003 the county has failed to meet audit deadlines with grace periods for each consecutive year since.

For example, the county missed the 2003 audit deadline of July 31, 2004, and did not submit the audit until Feb. 9, 2005. The delay forced the state to freeze the county’s use of its property taxes and delayed awareness of financial problems looming on the horizon.

Then, for the 2004 audit, the county missed the July 31, 2005 deadline again, and the state did not receive the audit until Feb. 23 2006. Again, the delay resulted in a property tax freeze and furthered delays in recognizing growing financial problems.

For the 2005 audit, the trend continued. July 31, 2006 came and went, and the state did not receive the report until April 20, 2007, and again Archuleta County’s property taxes were frozen.

By that time, a financial juggernaut was bearing down on the county and the pressure forced the organization to cash its last $1.2 million held in certificates of deposit to pay special districts. In addition, fluid reserves had been vaporized, and the county was forced to tap into a $500,000 line of credit. At the time, finance staff estimated cash flow shortfalls of $1 million.

By May, county staff were focused on damage control in an attempt to survive the year without going bankrupt. The task included a series of deep staff, program and budget cuts. To exacerbate the situation, the county lacked a finance director — former finance manager Bob Burchett was fired in mid-May — and former Archuleta County Administrator Bob Campbell, key department heads staff and members of the Citizen’s Financial Advisory Task Force struggled to nail down mercurial fund balances and an ephemeral cash flow situation.

And now, although the 2006 audit is near completion, it too comes months behind schedule, leaving finance staff playing a frantic game of catch-up and tasked with managing day to day affairs while stitching together bits of evidence that will help future auditors understand the county’s cryptic financial past. In fact, only with the November arrival of finance director Don Warn has the county been able to begin addressing many of the organization’s long term financial issues outlined in four years of audit reports.

For example, Warn presented the first “budget-to-actual variance report” to the Board of County Commissioners during their regular meeting Feb. 19, and Warn intends to provide reports detailing the county’s financial health on a monthly basis. In addition, Warn and finance staff have begun drafting a cash handling policy, an internal controls policy and a purchasing and procurement policy, all of which are unprecedented in the annals of Archuleta County’s financial history. (Warn has said he intends to bring the policies to the board in the coming months for adoption and implementation.)

But Warn is just one staffer, and Willschau warned that limited county finance staff, high departmental turnover, the inherent difficulties of balancing the county’s books after years of mismanagement and audit delays, including the delayed completion of 2006 report, will likely create a new series of challenges to timely completion of the 2007 audit.

To that end, Willschau said her firm will not be able to return for the 2007 audit until late 2008, and in light of the challenges related to auditing Archuleta County, her firm may opt not to return for a third audit at all.

“There’s no way we could get back here by July 31, 2008 to do the 2007 government audit,” Willschau said, and added that the county will not be ready for the undertaking, nor will her firm.

Although Willschau and staff from Wall, Smith, Bateman & Associates have made headway in unraveling the financial troubles found in the county’s ledgers, she warned that many of the conditions discovered in the 2006 audit will have likely persisted through 2007. Thus she offered the following recommendation.

“The reconstruction and correction of 2007 accounting records is a major undertaking and will be very time consuming. In order to prevent 2008 accounting records from repeating this cycle, we recommend that the current finance director’s attention be focused on the 2008 fiscal year and the county should consider hiring an accountant to assist in the reconstruction of the 2007 accounting records.

“Give Don what he needs to keep him here and keep him happy,” Willschau said.

With just $38,587 separating revenues from expenditures in the 2008 budget, the county may be hard pressed to find the cash necessary to secure additional finance department staff.

According to Warn, grant funding may be available to help fund the position, although he said the grant contract and scope of work are not finalized and must ultimately receive board and Department of Local Affairs (DOLA) approval. Warn said the aforementioned grant is separate from other DOLA funding used pay Clifton Gunderson LLP for their audit work.

But beyond approving or denying grant requests and with a tight budget, the board faces a number of key financial questions from a variety of competing issues such as roads, the airport, parks and recreation and planning, the outcome of which could, or not, set the foundation for rectifying years of debilitating financial mismanagement.

“In my professional experience, this is a pretty dramatic report,” said Archuleta County Administrator Greg Schulte. “We have our work cut out for us.”

james@pagosasun.com


Dry Gulch Reservoir litigation continues, briefs filed

By Chuck McGuire
Staff Writer

As litigation surrounding the Dry Gulch Reservoir continues, two local water districts and Trout Unlimited (TU) have now filed response briefs with District Court, Water Division Seven, State of Colorado.

Just 10 days after the San Juan Water Conservancy District (SJWCD) and Pagosa Area Water and Sanitation District (PAWSD), as “Applicants,” and TU filed opening briefs on remand, both sides have filed responses to the others’ arguments.

The opening briefs filed Feb. 11 were the result of orders by Judge Gregory G. Lyman, after the Colorado Supreme Court ruled in favor of a TU appeal, which challenged water diversion and storage rights originally granted the districts in September 2006.

Upon granting the conditional rights, Lyman paved the way for the districts’ development of Dry Gulch, originally planned as a 35,000-acre-foot impoundment approximately two miles northeast of Pagosa Springs. In their Feb. 11 opening brief, the districts voluntarily reduced the scope of the project to a maximum 29,000 acre-foot reservoir, which proponents now suggest will meet area water needs to the year 2075.

In October, the Colorado Supreme Court set aside Judge Lyman’s decision and sent the case back to him for further consideration consistent with its opinion.
Citing precedent established upon review of prior water court cases, including “City of Thornton v. Bijou Irrigation Co. (Colo. 1996), the opinion read, in part, “Only a reasonable planning period for the conditional appropriation is allowed. In Bijou, the water court’s findings of fact addressed what constitutes a reasonable water supply planning period, fifty years in that case, and found the existence of substantiated population and water use projections.

“In accordance with the applicable statutory and case law requirements identified in this opinion, the water court should examine the evidence utilizing the elements applicable to determining whether the districts have met their burden for a non-speculative conditional appropriation, accompany its judgement with sufficient findings of fact based on the evidence, and fashion appropriate decree provisions, which may include ‘reality checks’ and volumetric limitation provisions for the districts’ conditional appropriation. The water court must also make factual findings concerning whether the districts can and will place the claimed amount of unappropriated water to beneficial use within a reasonable time.

“Accordingly, we reverse the water court’s judgment, set aside the conditional decree, and remand this case for further proceedings consistent with this opinion. The water court, in its discretion, may take additional evidence and argument as it deems appropriate on remand.”

Hence, opening briefs on remand were filed and each side was given 10 days to respond to opposing arguments.

In its response brief, TU again argued that the Applicants had not demonstrated that 70 years is a reasonable water supply planning period in this case, and believes 36 years (to year 2040) is more appropriate.

Further, TU suggested the Applicants have not substantiated population projections, and they have not established a requirement for claimed amounts of water.

In conclusion, the TU response stated, “TU objects to Applicants’ proposed decree and is unable within the page limitation of this brief to respond to the statements therein, many of which are irrelevant, inaccurate or unsupported. TU urges the Court to make findings as outlined in its opening brief and will submit a proposed decree for the Court’s consideration if so requested.”

The Applicants, meanwhile, insist that a 70-year planning period is appropriate in this case, and sufficient “reality checks” are in place to guard against inadvertent over-appropriation caused by any inaccuracy in long-term projections.

The Applicants also point to the Supreme Court decision acknowledging that a 50-year planning period is reasonable, and that longer periods are justifiable under appropriate facts and with closer scrutiny. They also reiterate their voluntary reduction in “the Districts’ planning period, water demand projections and water rights claims commensurate with the guidance provided in the Supreme Court Opinion.”

While each side basically repeated its opening brief arguments in respect to the above, as well as the overall need for Dry Gulch storage and the availability of water to support it, Judge Lyman must now determine whether more evidence and/or testimony is necessary to render a decision.

Both PAWSD and SJWCD officials believe Lyman’s finding could take as little as two or three months, but more likely seven or eight. If he sets a trial date and requests more testimony, they say it could take much longer. Of course, once the judge renders a decree, TU will again have the option to appeal it to the Supreme Court.

For now, it appears a final decision regarding Dry Gulch Reservoir water diversion and storage rights is still a long way — and a lot of dollars — off.

chuck@pagosasun.com


Local man charged in sexual assaults

By Karl Isberg
Staff Writer

A resident of unincorporated Archuleta County, Cecil Keith Larkin, 49, was charged Feb. 20 in Archuleta County Court with two counts of sexual assault on a child by one in a position of trust and two counts of aggravated incest — all Class 3 felonies.

Larkin was arrested Feb. 6, 2008, after investigators from the Archuleta County Sheriff Department received information that a young victim had allegedly been sexually assaulted numerous times during a two-month period.

The victim reportedly disclosed the alleged crimes to a relative during a visit outside the county, from which the victim did not return.

Detective Sgt. Carl Smith traveled to meet the victim and, following an interview, obtained search and arrest warrants.

Larkin will have a preliminary hearing on March 6. If Larkin is bound over, his case will then go to District Court. He is currently being held in the Archuleta County Jail on $250,000 bond.


NEWS

COUNTY

County audit a
‘dramatic report’

By James Robinson
Staff Writer

Government auditors presented a preliminary draft of the county’s 2006 financial statements to the Board of County Commissioners Monday, and the findings indicate the financial train wreck revealed in the 2005 audit report persisted through the following year — although key players connected to the audit process said they weren’t surprised.

Al Bledsoe, a member of the Citizen’s Financial Advisory Task Force who has followed the county’s forensic and government audits closely said, “It’s not surprising that you have these results. The numbers were bad in 2005, and nothing had been done since then.”

Karla Willschau of the auditing firm Wall, Smith, Bateman & Associates presented the preliminary report to the board — Willschau anticipated that a final audit report would be ready for submission to the state by Wednesday — and said the 2005 audit had revealed, that virtually “everything was wrong” with the county’s finances and financial practices, while 2006 audit results showed that those conditions remained the same.

For example, the 2005 audit listed a number of significant problems, such as overspending, a lack of internal controls, difficulties managing internal service funds, and a failure to reconcile accounts and fund balances between the treasurer’s office and the accounting general ledger. To compound the county’s financial problems, many of the same issues were raised in the 2003 and 2004 audit reports, although apparently little, if anything, was done to correct the organization’s errant financial course.

In the 2006 report, the document details a litany of financial horrors that had continued unchecked since 2005, and which resulted in a 2006 “disclaimed audit report,” and “no opinion on county financials.” (Willschau made the same statements during last year’s 2005 audit.)

For example, as a result of poor or nonexistent internal controls, “at Dec. 31, 2006, all of the county’s fund general ledgers were incorrect and required the attention of an outside accounting firm to reconcile the balance sheet accounts which resulted in numerous material adjustments.” Many of which Willschau said, balanced the books, yet contained visible errors and unclassified revenue and expenditure balances, which will require further work and cleanup.

In addition, the county violated state statute on at least two occasions. According to the audit, the first violation occurred when the county ran a $3 million dollar deficit fund balance or net asset condition across a variety of funds. And second, expenditures, also across a variety of funds, exceeded revenues by $3.37 million. Worse, the approved 2006 budget already showed expenditures outstripping revenues by nearly $2 million from day one, however the final 2006 analysis indicates spending went far beyond the budgeted overspending, and hindsight shows many of the numbers found in the 2006 budget are likely far from accurate.

Willschau said another key issue with the county’s financial troubles in 2006 was the improper management of internal service funds, which Willschau said should be a “break even proposition.”

Not so in 2006.

According to the report, internal service funds such as fleet, nutrition and the county’s self insurance fund contributed $1.9 million to the $3 million dollar deficit.

“That $1.9 million has accrued here to the great disservice of the county. Internal service funds have made accounting here unduly complex. Get rid of them.” Willschau said.

The airport also produced its own share of questions with the preliminary audit report indicating that there was $1.7 million in excess spending at the airport. Although it is unclear if the overage was truly the result of overspending or the mis-classification of funds, Archuleta County Finance Director Don Warn said additional audit work and staff research would help solve the airport, and other deficit fund balance, puzzles.

In summarizing the county’s financial statement to the board, Willschau said, “All I can say is there are a lot of strange numbers in these financial statements. You have to take them with a grain of salt. They are not correct. They are the best we could come up with.”

Through the county’s recent financial history, a failure to reconcile accounts appears to have played a major role in the organization’s financial demise. However, Willschau said, “Although there are some things that have gone wrong, there are some things that have gone very right. The treasurer’s office has always reconciled cash. It’s the only place in the county where cash has been reconciled,” but Willschau said that alone was not enough.

Although Bledsoe’s comment might make it sound as though the county has done nothing to rectify problems since it’s abysmal financial state was revealed in the 2005 audit report, it is critical to note the timetable required for audits, and the county’s adherence, or lack thereof to that timetable and key factors related to the escalation of the crisis.

In the case of the county’s annual, state mandated audit, the report is due July 31 — seven months after the close of the county’s budget year. State auditors typically provide a 60-day grace period after the July 31 deadline, yet, beginning in 2003 the county has failed to meet audit deadlines with grace periods for each consecutive year since.

For example, the county missed the 2003 audit deadline of July 31, 2004, and did not submit the audit until Feb. 9, 2005. The delay forced the state to freeze the county’s use of its property taxes and delayed awareness of financial problems looming on the horizon.

Then, for the 2004 audit, the county missed the July 31, 2005 deadline again, and the state did not receive the audit until Feb. 23 2006. Again, the delay resulted in a property tax freeze and furthered delays in recognizing growing financial problems.

For the 2005 audit, the trend continued. July 31, 2006 came and went, and the state did not receive the report until April 20, 2007, and again Archuleta County’s property taxes were frozen.

By that time, a financial juggernaut was bearing down on the county and the pressure forced the organization to cash its last $1.2 million held in certificates of deposit to pay special districts. In addition, fluid reserves had been vaporized, and the county was forced to tap into a $500,000 line of credit. At the time, finance staff estimated cash flow shortfalls of $1 million.

By May, county staff were focused on damage control in an attempt to survive the year without going bankrupt. The task included a series of deep staff, program and budget cuts. To exacerbate the situation, the county lacked a finance director — former finance manager Bob Burchett was fired in mid-May — and former Archuleta County Administrator Bob Campbell, key department heads staff and members of the Citizen’s Financial Advisory Task Force struggled to nail down mercurial fund balances and an ephemeral cash flow situation.

And now, although the 2006 audit is near completion, it too comes months behind schedule, leaving finance staff playing a frantic game of catch-up and tasked with managing day to day affairs while stitching together bits of evidence that will help future auditors understand the county’s cryptic financial past. In fact, only with the November arrival of finance director Don Warn has the county been able to begin addressing many of the organization’s long term financial issues outlined in four years of audit reports.

For example, Warn presented the first “budget-to-actual variance report” to the Board of County Commissioners during their regular meeting Feb. 19, and Warn intends to provide reports detailing the county’s financial health on a monthly basis. In addition, Warn and finance staff have begun drafting a cash handling policy, an internal controls policy and a purchasing and procurement policy, all of which are unprecedented in the annals of Archuleta County’s financial history. (Warn has said he intends to bring the policies to the board in the coming months for adoption and implementation.)