Part 5 of a Series
Fiscal Restoration Plan continued
Performance Bond:
A fidelity bond claim has been filed by the county of Modoc. There was a period of little progress related to the claim, but the Board earlier this year chose to move forward with the filing. The claim was signed by the Chair of the Board of Supervisors on February 24, 2011. A loss has occurred, and processing of the claim continues to be ongoing. Lost interest, interest paid, and similar quantification of associated damages are yet to be documented and negotiated. This remedy is not incorporated into the budget, but it is anticipated that processing of the claim will play a role in restoration of the treasury.
Legal Remedy:
The county and its taxpayers have suffered a loss by having to pay to have re-audits conducted.These high costs had to be fronted by the county, and have played a significant role in reducing the ability of the county to move forward in restoration of the larger treasury issue. The county is in process of preparing to pursue legal remedy.
Negotiations for re-payment:
There is a possibility that the projected sale of fixed assets is not forthcoming at the full estimated levels and/or a partial financing is not feasible due to variables such as the larger investor market, interest rates, and the county's rating. The county is working to ensure that cash flow needs for mandated services and restricted fund expenditure deadlines are met.
There are funds that are restricted, but constitute local money rather than state, federal, or other outside creditor funds which do not have expenditure time lines. It may become necessary to enter into negotiations for repayment with regulators and creditors as part of the solution. In this regard the county has placed on retainer specialized legal counsel to provide sound advice and a plan to move forward. As of Oct. 25, 2011 a committee is in process of being appointed to work on this issue.
Q.
Want can you tell me about the statement alluding to proceeding with legal measures to recoup outside auditor’s costs?
Robertson.
At the last Board of Supervisors meeting at the end of closed session it was announced that action was taken directing the County Counsel to file notice with TCA partners.
Q.
Can you be more specific on the section “negotiations for repayment?’ Just what does that paragraph mean?
Robertson.
If debt service is not affordable, the county will have to enter into negotiations for extended repayment to the affected restricted departments. Many restricted funds have explicit time lines for expenditure under the government code. Additionally, there are various restricted funds that do not have expenditure time lines, but that are legally restricted under the government code.