Thursday, May 3, 2012


Balancing the County Budget Deficits
                              on the Backs of Children

Editor’s Note: We want to thank all our readers for following the multi-part series “Balancing the County Budget Deficit on the Backs of Children.” Part 31 concludes the series, but we will return in a few days with more on the subject of the county’s $20 million misappropriation of the treasury.

Part 31 -- The Final
 
Today
Summing it Up, An analysis
 

In this series based on official public records we have shown an inflexible Modoc County Children and Families Commission, one unwilling to accept and follow the advice of its executive director and a lone commissioner, that Prop. 10 Trust Fund moneys be removed from the county treasury.
   
In fact, it’s been detailed that the commission knew its money was being spent to cover other county department debts, including the Modoc Medical Center -- especially when Treasurer Cheryl Knoch routinely revealed that was the case in 2002 -- seven years before then-CAO Mark Charlton exposed the on-going treasury misappropriation and put Modoc County into a financial spin.
   
Knoch’s admission apparently was not enough to motivate the commission to move the money out of the treasury, even though there were strong implications from Auditor Judi Stevens that she also was using Prop. 10 money for purposes other than the state-mandated use -- all against state law.
   
The commission understood that Prop. 10 was new and it required certain duties and responsibilities. Could the meetings have been conducted more professionally? Was there a list of requirements and internal controls set by  Prop. 10 law? 
   
They all knew the law and the proper procedures in following it because the executive director and other commission members contacted various counties with inquiries. These other counties all offered to help and apparently provided Modoc County with their processes and procedures for the commission and programs.
   
In 2001, before Michelson was fired, Modoc County was not in compliance with the state and Prop. 10 requirements. The commission knew this, it had the opportunity and access to do it right, and it did not take action to correct the problems.
   
Within this background there is the discussion with Knoch at the commission’s Feb. 13, 2002 meeting, following the firing of Donna Michelson. Knoch’s comments should have sent up two red flags -- one red flag for illegal use of county treasury funds and another for illegal Prop. 10 accounts and management.This alone was sufficient justification for a qualified audit.
   
Because Executive Director Donna Michelson and apparently other commission members had contacted various counties, the commission had knowledge of the key issues needed to run a Modoc County Children and Families Commission  program and for receiving and managing Prop. 10 funds. Someone, in addition to Michelson, should have taken action.
   
The question begs to be asked, did Knoch know, or should she have known, that even in 2001 and 2002 that she was apparently wrongly managing county funds, and particularly the Prop.10 funds, considering the state had provided specific guidelines and laws for the use of those funds?
   
The questions pile up, and for now some remain unanswered.
   
Why was Modoc County Supt. of  Schools Carol Harbaugh so consistently adamant about keeping the Prop. 10 funds in the treasury even when she acknowledged in her April 2, 2002 memo that the state wanted those funds -- in every county -- to be kept separate?
   
And when there was pressure to remove the funds from the treasury why did Harbaugh suggest they reside in her office?
   
Why did Harbaugh want Executive Director Donna Michelson directly under her control, and why was she allowed to operate on behalf of the commission without direction or authorization?
   
Did Cantrall, who has maintained an apologetic innocence of the misappropriation ever since its disclosure, read the minutes of the Feb. 13, 2002 -- as she should have -- which would have made her aware of the misappropriation? It’s been established that she wanted the funds to remain with the county treasury, even in face of violating the law.
   
By osmosis alone, if not directly aware, Cantrall’s successor on the commission, then-supervisor Mike Dunn, should have been acutely aware that the misappropriation was taking place -- at one point he was chair of the commission.
   
When in 2001, Modoc County CAO Mike Maxwell and Auditor Judi Stevens did not want to sign an MOU with the Children and Families Commission, members of the commission had a great opportunity to operate independent of the county. They missed it.
   
The Modoc County Children and Families Commission of 1999-2002 was a group of individuals serving a purpose directed by state law that they apparently did not have the training and knowledge to perform effectively -- and to do it as required by state law and code.
   
But there were sufficient safety nets among them to prompt them and provide them with correct processes and actions. In all due respect, they were not as dumb as they appeared to be.


 

Tuesday, May 1, 2012

Balancing the County’s Budget Deficits
                                   on the Backs of Children

                                                                  By Ray A. March
Part 30

June 30, 2009
June 30, 2010
The Warnings Keep Coming


Note the dates, they appear similar and can be overlooked: June 30, 2009 and June 30, 2010.

An example of fiscal Russian roulette being played in Modoc County can be found in two consecutive outside audits of the Children and Families Commission, now under the flag of First 5.
   
The audits for fiscal years ending in 2009 and 2010 strongly advise the commission that it runs the risk of losing all its Prop 10. Trust Fund deposits with the county treasury.
   
For two years in a row the outside audit firm made this repeated exact statement:
   
“The commission maintains its cash in the Modoc County Treasury, which is not insured or collateralized…the total amount of pooled funds invested by all agencies in the Modoc County treasury exceeds the amount of cash available.
   
“This is a result of a significant deficit balance in Modoc County’s portion of the pooled cash in the county treasury due to negative cash balances in some County of Modoc funds. The county has been able to provide all funds requested by the commission and is in the process of rectifying the situation.
   
However, as long as cash is not available for all pooled fund balances in the county treasury, the commission is at risk for not being able to recover its deposits.” (Italics added).
   
The total amount of Prop. 10 cash in the county treasury in 2009 was $523,444. In 2010 the amount was $491,626, according to the audit report submitted by Haws, Theobald & Allman of Susanville and Chester.
   
For the last fiscal year 2010-11 the total revenue received was $434,458.91, according to Treasurer Cheryl Knoch.
   
Next: Part 31
    In summation, an analysis