Audits of Local Governments

The Office of the New York State Comptroller’s Division of Local Government and School Accountability conducts performance audits of local governments and school districts. Performance audits provide findings or conclusions based on an evaluation of evidence against criteria. Local officials use audit findings to improve program performance and operations, reduce costs and contribute to public accountability.

For audits older than 2013, contact us at [email protected].

For audits of State and NYC agencies and public authorities, see Audits.

Topics
School District | Financial Condition

December 20, 2013 –

We reviewed budget-to-actual results for the fiscal years 2009-10 through 2011-12 and found that District officials adopted realistic budgets and kept expenditures within budgeted appropriations. The Board reviewed budget to actual comparison reports throughout the year to monitor the budget and approved budget transfers at the monthly Board meetings. However, the heavy reliance on appropriated fund balance as a financing source in the annual budgets has resulted in a significant reduction in the District's unexpended surplus funds. From 2009-10 to 2011-12, the total fund balance in the general fund has been depleted by 44 percent, from $5,696,396 to $3,170,685, and the unexpended surplus fund balance has been depleted from $1.9 million to just over $730,000 (or 3.1 percent of District appropriations) in 2011-12.

School District | Inventories, Other

December 20, 2013 –

Over the past five fiscal years, District officials added approximately $1 million to reserves and increased the real property tax levy by approximately 26 percent. Additionally, the Board failed to adopt a formalized plan for reserve funds that included the intent, funding levels and use of such funds. As of June 30, 2013, the District had more than $2 million in a debt service reserve that District officials could not associate with any outstanding debt. Additionally, four of the District's six general fund reserves totaling approximately $1.7 million were not supported by a plan or other documentation validating the amount retained. Furthermore, while the Board adopted an asset policy, it has not updated it to reflect current District processes. The District engaged a third-party asset tracking company to account for the District's fixed assets, without any formal control procedures in place for this process. Our review of 50 movable assets disclosed discrepancies for 16 of them valued at more than $11,000. Our review of nine assets included on the disposed asset list disclosed that five of them valued at $6,000 were still in use at the District.

Fire Company or Department | Cash Disbursements, Claims Auditing, Employee Benefits, Records and Reports

December 13, 2013 –

The Board generally does not provide adequate oversight of Department financial activities.

County, Statewide Audit | Revenues

December 13, 2013 –

Counties have not maximized their reimbursement of expenditures related to the administration of social services programs. Specifically, the seven counties we audited failed to seek reimbursement for more than $1.4 million in eligible costs, potentially losing almost $1 million in additional revenue. This revenue was lost because the counties did not have formally established and consistent billing processes which resulted in billing errors (under-billings and over-billings) or a failure to bill at all.

School District | Claims Auditing, Financial Condition, Employee Benefits

December 13, 2013 –

The District retained excessive fund balance, exceeding the permitted statutory limit, in each of the fiscal years 2007-08 through 2011-12 by as much as $228,694. Although the Board President stated the unexpended surplus fund balance was for cash flow purposes, none of the adopted budgets included a planned balance as is permitted by Law. District officials have not properly budgeted for tuition and teacher personnel salaries. District officials also consistently levied more than was needed for budgeted appropriations between the fiscal years of 2007-08 through 2012-13. In addition, the Board paid the former Superintendent $28,687 in the 2011-12 fiscal year through vendor disbursements as if he were an independent contractor rather than through payroll. This included an extra $2,167 which was not provided for in his contract. Finally, we found that the Board does not audit the claims nor do they receive an abstract of claims for approval.

School District | Financial Condition

December 13, 2013 –

Although the Board adopted budgets with revenues that were realistic and supported, expenditures were consistently and significantly overestimated. As a result the District spent nearly $8 million less than budgeted over a five-year period.

School District | Cash Receipts, Financial Condition

December 13, 2013 –

District officials have consistently over-estimated expenditures and appropriated unexpended surplus funds that they did not use. The District's unexpended surplus funds have exceeded the statutory 4 percent limit during the 2011-12 and 2012-13 fiscal years and tax levies may have been higher than necessary. Additionally, the District had four established reserves that totaled approximately $969,000 at June 30, 2013 and had no formal plan on funding or using these reserves. The District's retirement reserves balance of $310,000 was five times what the District spent during the 2013 fiscal year. We also found that the District has a well-designed set of control procedures that can provide reasonable assurance that thefts of cash receipts will be prevented or detected. We reviewed the District's procedures for the collection of cash receipts for milk sales and non-resident tuition, totaling $169,576, and found no exceptions.

Town | Capital Projects

December 13, 2013 –

In 2008, the Town Board approved a five-year capital plan to construct a new Town Hall/highway garage at an estimated cost of $602,620. Construction began in the spring of 2010. Between 2009 and 2013, the Board expanded the scope of this project and increased the budget from the original estimate of $602,620 to $3,000,000. As of May 2013, project expenditures totaled over $2.2 million, with the remaining work, scheduled for completion in December 2013, expected to incur additional costs. Because Town officials did not develop a comprehensive plan at the onset of the project, detailing how the construction would be completed with available Town resources, they did not determine the extent to which they would need to use contract services and did not properly plan and budget for them. Further, Town officials did not monitor expenditures against estimated costs. The Town also did not budget for over $400,000 in architectural and engineering services and may have incurred unnecessary costs by not complying with certain bidding requirements and not soliciting competitive proposals for architectural services.

Village | Cash Disbursements, Cash Receipts, Financial Condition

December 13, 2013 –

The Board did not effectively oversee and monitor the Village's financial operations. The Board did not ensure that it received complete and accurate reports from the Clerk-Treasurer. In fact, we found several material errors in the maintenance of the accounting records and related reports. As such, the Board did not have accurate information with which to base its financial decisions and, ultimately, did not adopt reasonable budgets for the general, water and sewer funds. Inaccurate budgeting and lack of monitoring have caused fund balance to decline in the general and sewer funds. While the Village's funds currently have positive unexpended surplus fund balances, if the Board continues to accept inaccurate financial reports, base its decisions on unreliable information, and not monitor results of operations, the Village could enter into fiscal stress. In addition, the Board cannot be sure that only authorized disbursements (including payroll) were made, that all moneys received were properly deposited, or that all transactions were properly recorded and reported. The Clerk-Treasurer and her Deputy perform most aspects of the cash receipt and disbursement functions without independent oversight. There were 58 disbursements totaling more than $217,000 made and payroll benefits provided without Board approval.

Charter School | Schools

December 6, 2013 –

The School billed the correct school districts of residence and, overall, the School maintained adequate supporting documentation regarding students’ residency. However, we found nine students’ files did not contain the required proof of residency; three instances where no date was on the address verification document or the date was several years old; and one instance where the address did not agree with the address on the billing record. Although the results of our testing did not disclose significant errors or irregularities, the errors we did find occurred because the School has not fully developed its residence verification process.

Town | General Oversight

December 6, 2013 –

The Board routinely relied on unexpended surplus funds to finance town-wide general and certain water and sewer district operations, and continually adopted budgets that did not provide sufficient revenues to fund expenditures. As a result, unexpended surplus funds declined in the town-wide general fund, two water district funds and one sewer district fund. Town officials stated they appropriated unexpended surplus funds to keep the tax levy and user rates stable. However, this practice resulted in budgets that were not structurally balanced because they relied on unexpended surplus funds to finance recurring expenditures. Additionally, the cost of operations is not sustainable based on the current levels of unexpended surplus funds maintained. As a result, Town officials may need to increase taxes and user fees if unexpended surplus funds are not available to finance operations in subsequent years.

School District | Financial Condition

December 6, 2013 –

For the three year period ending June 30, 2013, District officials have consistently over-estimated expenditures by a total of $12.2 million and increased the tax levy by 5.4 percent. These budgeting practices generated approximately $2.4 million in operating surpluses, which caused unexpended surplus funds to exceed statutory limits in each of the past three years. For example, at June 30, 2013, unexpended surplus funds exceeded statutory limits by approximately $3.2 million. Although District officials appropriated approximately $3 million in each of the last three fiscal years to reduce the tax levy, the Board over-estimated expenditures by between $3 million and $4 million annually, thus negating any benefit the appropriation of fund balance would have in reducing fund balance or the property tax levy. District officials also used some of the annual operating surpluses to fund nine reserves that, as of June 30, 2013, totaled $4.6 million. Six of the nine reserves are over-funded.

School District | Financial Condition

December 6, 2013 –

District officials consistently over-estimated expenditures over the past four years by more than $3.8 million, resulting in operating surpluses totaling $1.3 million. Therefore, the majority of the $2.4 million in Board-appropriated unexpended surplus funds was not needed to fund District operations. Because the amount of unexpended surplus funds that can be legally retained is limited, each year since 2009 District officials transferred money in excess of this limit to various District reserve funds. As a result, reserves totaled more than $2.1 million at June 30, 2013. District officials could not demonstrate a planned need for more than $1.7 million of the reserves. Officials also did not appropriately use the debt reserve fund, which had a balance of more than $380,000 as of June 30, 2013. Instead, District officials levied real property taxes and paid debt service with general fund appropriations. By routinely following these practices, District officials have withheld significant funds from productive use, levied unnecessarily high taxes and compromised the transparency of District finances to taxpayers.

Town | Financial Condition

December 4, 2013 –

The Board did not adopt a policy or method to determine the amount of unexpended surplus funds to maintain. In addition, the bookkeeper/budget officer did not establish procedures to reasonably estimate the amount of fund balance that will be available at year end. As a result, the Board has relied heavily on appropriated fund balance as a financing source in the annual budgets and, in some years, it appropriated more fund balance than was actually available. For example, when adopting the 2012 and 2013 budgets, the Board appropriated more general fund balance than was actually available resulting in budget deficits going into both the 2012 and 2013 fiscal years. Similarly, when adopting the 2012 budget, the Board appropriated more highway fund balance than was actually available resulting in a budget deficit going into the 2012 fiscal year. This has led to a significant reduction in the Town's fund balances from the beginning of 2010 to the end of 2012. Fund balance in the general fund declined 79 percent (from $38,912 to $8,331), and the highway fund balance declined 89 percent (from $38,139 to $4,236) during this period.

City | Other, Utilities

November 29, 2013 –

The Council and Treasurer have not ensured adequate internal controls are in place over cash receipts and disbursements handled by the Treasurer's Office. The Treasurer did not perform adequate bank reconciliations and did not record all financial transactions accurately, completely, timely and in a clear and transparent manner. In addition, there is not adequate segregation of duties within the Treasurer's Office. Finally, the City is losing 54 percent of the water it distributes, which is substantially higher than the EPA goal of 10 percent. In 2011, the City reported that 719 million gallons of water was treated and 331 million gallons was delivered or used, leaving 388 million gallons of unaccounted-for water. The cost of unaccounted-for water for 2011 is about $265,000.

Fire District | General Oversight

November 29, 2013 –

The Board's oversight of the District's purchasing process could be improved because we found one payment, totaling $9,999, made as the final payment for a $29,997 equipment installment purchase contract, which was not competitively bid, as required. Although the Board Chairman informed us it was bid, we were not provided any documentation to support this. In addition, the Board did not provide adequate oversight over investing District money, budget monitoring and financial recording and reporting. The Board has not adopted an investment policy, as required by statute. The Secretary-Treasurer submits a budget-to-actual financial report to the Board at the start of the budget process, but not throughout the fiscal year. The Secretary-Treasurer reconciles the bank accounts on a monthly basis. However, when we performed bank reconciliations for December 31, 2012 and May 31, 2013 and found that, for both months, the book balance of one account was $1,000 higher than the corresponding bank balance, the discrepancy could not be explained.

Town | Financial Condition, Information Technology

November 29, 2013 –

Over the past three years, Town officials have demonstrated fiscally responsible management and identified various ways to increase revenue and reduce expenditures. As a result, Town taxpayers have benefited from a declining tax levy for the past three years and an anticipated reduction in the 2014 tax levy. However, the Town's unexpended surplus fund balance has become excessive, and its budgets from fiscal years 2010 through 2012 were unrealistic. Revenues were under-estimated and expenditures over-estimated for all three fiscal years. The unrealistic budgets caused total fund balance to increase significantly from about $2.3 million in 2010 to almost $3.3 million at the end of 2012. Unexpended surplus funds in the general fund at the 2012 fiscal year end equaled 175 percent of the 2013 adopted budget. The Board has not developed a formal long-term plan addressing the excessive unexpended surplus fund balance. The Town's controls over its IT system also need to be improved. The Board has not adopted a breach notification policy, a disaster recovery plan or a policy that addresses the protection of personal, private and sensitive information. In addition, the Board has allowed employees to have more access rights than necessary to perform their job duties.

County | Other

November 25, 2013 –

Based on the results of our review, except for certain matters, we found that the significant revenue and expenditure projections in the proposed budget are reasonable. The County should consider taking steps to address the $31.3 million deficit that remains from 2012 and include provisions for such steps in the 2014 budget. The County has overestimated revenues for the residential energy tax by $5.3 million and for the premium on obligations by $1.3 million. The $5 million being issued in serial bonds for tax certiorari purposes is greater than the estimated $2 million appropriation by $3 million. Therefore, this amount should be transferred to a debt service fund and be restricted to pay debt service on the $5 million bonds and not used for other operating expenditures. In addition, the County has not made an allowance for uncollectible taxes in the 2014 proposed budget. County officials feel that the $500,000 contingency appropriation in the proposed budget will cover any uncollected taxes. However, the average annual amount allocated to uncollected taxes from fiscal years 2009 through 2012 was $2.4 million. Finally, the County's proposed budget exceeds the tax levy limit. The proposed budget includes a tax levy of $105.5 million which is 9.9 percent higher than the 2013 levy and exceeds the allowable tax levy limit increase of 1.66 percent.

Fire District | General Oversight

November 22, 2013 –

Board members have not provided adequate fiscal oversight to the District, which may be caused by their lack of training. Board members did not complete their required training in legal, fiduciary, financial, procurement and ethical responsibilities. The Board also has not established written policies and procedures to govern financial operations, such as investments, cash receipts and disbursements, credit cards, claims processing, capital planning and information technology. The Treasurer did not generate monthly and quarterly reports and the Board did not require that the Treasurer provide them, which severely limited the Board's ability to manage the District's financial affairs. Finally, the District has no internal controls over credit cards.

Fire District | Other, Records and Reports

November 22, 2013 –

The Board has not established adequate financial policies and procedures. While the Board has adopted a code of ethics, it has not adopted purchasing and investment policies, as required by statute. The Board also has not ensured that written procedures concerning financial recording and reporting were developed. While we found that the Treasurer does submit monthly financial reports to the Board, the informal bank reconciliations prepared by the Treasurer were not a part of those reports. Moreover, the Treasurer performs all duties with no Board oversight. Also, the Board does not conduct an annual audit of the Treasurer's records nor do they contract with an independent auditor to perform such an audit.