State Audit of SPS
Thomas Schweich, Missouri State Auditor, issued his much anticipated report on SPS "petition audit" on March 2 at the Central High auditorium. SNEA attended that meeting as well as subsequent news conference held by the petitioner group and two school board meetings where the district's response to the audit was discussed.
As local media reported, the district received only a "Fair" or "C-" rating from the auditor after over a year of intensive review that cost the district over $180,000 and required over 4,000 hours of work by the auditor's staff. The report contained fourteen (14) "findings" and made a total of 51 recommendations, some of which had already been met by the time the report was issued. In a break from precedent, Schweich also called for a 90-day review to be conducted to check the district's response to the auditor's recommendations. Former Greene County Prosecutor, Darrell Moore, will lead the 90-day review process, which would take place in early June. What follows is a partial overview of the state auditor's report.
Health Benefit Trust Fund Condition - The auditor stated that the Health Benefit Trust was "not adequately funded or managed" and that written long-range plans for the HBT Fund have not been prepared. You may recall that SNEA addressed these issues in September 2010, after reaching impasse in our first insurance negotiations with the district. In October 2011, SNEA and other employee representatives reached an agreement with the district that improved the financial condition of the fund and also provided for better monitoring and further discussions on ideas to sustain the fund on a long term basis. The district's response indicated the increase in the premium, but characteristically avoided any mention of having negotiated with employees toward that end.
Accounting Controls over Cash Receipts and Change Funds - The auditor reported that "significant improvements are needed in the handling of meal, student activity, athletic department, athletic event and concession receipts." Since much of these transactions involve cash and multiple collection points, there is a greater risk of theft or lost revenues. The auditor clarified these concerns by stating that they found no evidence of theft, just poor tracking of funds. The district issued a response that focused on clarifying existing policies and improve processes for handling ticket and student activity funds. The proposed hiring of an internal auditor would help move this process along.
Bond & Lease Financing, Projects, and Long-Term Planning - SNEA has long been critical of using general funds to pay for lease purchase loans for capital projects. This was done with Hickory Hills and with the new KAC building - during times of teacher pay freezes. The auditor pointed out that lease purchase agreements, unlike bonds, do not require voter approval. He also pointed out that "the district sold these bonds and certificates through a negotiated sale instead of a competitive sale. In addition, the district's bond underwriter also acts as the district's financial advisor", which creates a potential conflict of interest. The auditor pointed to a $1.84 million "over-spending" of bond funds that the district reported in October 2010 as evidence that the district needed to do a better job of monitoring bond expenditures.
Real Estate Transactions - Most of this section referred to the ongoing story regarding the sale of the old Hickory Hills building, a real estate transaction that the auditor characterized as "strange and complex." Two years after the original sale for $4.45 million, and after numerous extensions, the district has received only $97,500 while also incurring "legal and personnel costs related to multiple agreements and extensions." The auditor recommended that the district not enter into future situation where the buyer does not have financing in place.
Procurement Procedures - The auditor found that the district's procedures for selecting and contracting for goods and services are not sufficient, citing legal services with the same attorney for at least 25 years without any written contract in place. The district paid $596,204 for legal services during the two years ended June 30, 2011. Other issues were cited regarding the bidding process for contracts in transportation and in outsourcing contracts for custodial management services (Aramark, Inc.) and substitute teachers (Kelly, Inc.).
Transportation: The former Transportation Director, hired by the district in May 2009, developed the specifications required in Request for Proposals (RFP) for the purchase of digital video systems for school buses. He also served on the evaluation committee and provided input regarding vendor selection. Seven of the eight proposals did not meet requirements for camera mounts. The sole vendor meeting the bid requirements was the former transportation director's previous employer. The auditor saw this as a conflict of interest. The vendor received $312,159 during the two years ending June 30, 2010.
Custodial Management: When the district solicited proposals for managerial services in 2010, the RFP did not contain provisions or requests for vendor donations. The vendor awarded the contract (Aramark) submitted a bid to the district offering a $125,000 donation over a five year period.
Contracts - The auditor found "various problems" with contracts and selection of providers, citing the lack of adequate cost analyses and the lack of solicitation from other service providers.
Kelly Services: In October 2007, the school board voted 6-1 (Hosmer dissented) to outsource substitute service to Kelly Service, Inc. SNEA spoke against this move. Prior to this outsourcing, substitute services consisted of two clerical employees operating out of a tiny office in Human Resources using an antiquated phone system called "Sub Finders". The employees in the Sub Services office had requested new software and proposed upgrading to an online service, but their request was rejected by administration as being too costly. At the time, substitute service was costing the district approximately $2.4 million per year.
Now, the auditor reports that the district paid approximately $8 million for substitute services during the two years ending June 30, 2011, including $1.5 million for administrative costs - and that the annual cost for these services has increased by more than $1 million from 2009-2011. There are no provisions in the contract to audit vendor records or billings - in essence, Kelly evaluates their own performance. In addition, the contract provisions allow the arrangement to continue indefinitely until canceled by either party. No cost analysis has been done to evaluate if the costs are reasonable and if outsourcing is the most cost effective method for providing sub services. Springfield remains the only district in the state that outsources substitute services.
Aramark: The district paid Aramark a combined $13.2 million during the two years ended June 30, 2011, to provide food and custodial management services. The costs for custodial management services have risen 53% since the first full year of the contract in 2007. As is the case with substitute service, the district does not have any audit provisions with this outside contractor.
Subsidization, Teacher Associations: We learned from the auditor's report that the district affords not only full-time leave status to an unelected and unrecognized association president (MSTA) but also voluntarily provides a sweet deal on office space, office furniture, phone service, utilities, internet connection, etc. to the same association for $217/month - free of any contract. This to an association that recently closed its regional offices to cut costs. Further, the auditor states that rental payments were not received from the association until his office called attention to the matter in September 2010.
The district fails to note in its response that there is, in fact, a written contract in place with Springfield NEA that was approved by the school board in June 2011. The contract contains a provision for a full-time president. There are no provisions in the SNEA/District contract for office space rental, utilities, or any other office service/maintenance agreement to help with association costs. SNEA rents its own office space at 1525 W. Sunshine.
A couple of observations from SNEA:
In 2009, the school board adopted Policy HH to establish a process toward recognizing a representative for teachers in our district. Policy HH begins with the following provision:
"The Board will not voluntarily recognize an organization, association, union or professional group as a representative for District teachers without a secret ballot election."
"The Board will not voluntarily recognize an organization, association, union or professional group as a representative for District teachers without a secret ballot election."
After reading the auditor's report on subsidization, it is clear that the district is in violation of Policy HH by voluntarily recognizing - through subsidization and providing services - an unelected and unrecognized association.
Summary Remarks on the Audit
Springfield Public Schools are the latest addition to the list of public entities that have endured state audits in recent years. City Utilities, the City of Springfield and MSU have all found themselves fending off the findings of the Auditor's office. Each of these institutions had to deal with hard questions regarding inequities and lack of oversight - where some individuals or business entities seemed to have achieved favored status without much accountability. At MSU, the president was a no-show to the Auditor's report. With SPS, the superintendent, cabinet and several board members sat and listened to a report that seemed much harsher in language and tone than what they had heard from the Auditor's staff during pre-audit reports. Was the Auditor grandstanding a bit? Probably. He announced his candidacy for the U.S. Senate within a couple of days of the report - and then promptly withdrew.
But if you take a look at all four local audits, you see something more akin to "business as usual" or "the good ol' boy network" than blatant theft, fraud or willful malfeasance. In fact, in a couple of instances, the district appears almost gullible in its dealings with consultants and outsourced services, who seem to have made off like white collar bandits at times.
In summary, this too shall pass. Nobody is still talking about the City, CU or MSU audits - and it wasn't that long ago when bold headlines beckoned for our attention. The audit takes its place on the timeline like everything else. But if we're all about continuous improvement in this district, there are now plenty of objectives to put on the district's whiteboard, and we're pretty sure the school board will be doing walkthroughs with more frequency, at least for a while.

