Rusty McMahon: Unintentional Borrowing… Really!?


Recently, the Daily Dispatch reported that the Kerr-Tar Council of Governments improperly spent $138,537 in restricted funds from its only checking account, has been directed to repay the funds in short order to the Economic Development Administration, and is assessing member municipalities a per capita $1.39 “tax” (for lack of a better word) to pay back the improperly spent money and “replenish” its bank account with an additional $172,830. Would that we could all misspend $138,537 and get $311,367 as our reward! Is this a great country or what?

On May 6, Danny Wright made this presentation to the Franklin County Commission about the Kerr-Tar Council of Government’s financial predicament.  (There are additional videos of the same meeting in which Danny faced incredibly tough questioning from several commissioners.)  This 11 minute presentation shows that the situation is much more serious than we in Vance County were led to believe.  Mr. Wright never made this presentation in his home gym.  Instead, County Manager Jerry Ayscue carried the water for him and painted this as a mere accounting abnormality.

Earlier, Bryan Phol, Chairman, explained the problem was reviewed and no evidence of “intentional wrongdoing” was found. Diane Cox, Interim Executive Director, said, “There was no intentional wrongdoing by the previous director here,” referring to former Executive Director Timmy Baynes, who left in July 2012. Danny Wright, CPA, Board Member, and Chairman of the Finance Committee, said, “Let me say that there was no illegal activity.” Reviewed by whom? What independent legal prosecutorial authority investigated and determined there was no intentional wrongdoing?

Ms. Cox stated, “…there were certain receivables we’d been carrying on books that were not going to come in as projected or were deemed uncollectible. As a result of writing off those receivables…it put us in a negative cash flow. We utilized one checking account for our general fund. There were other funds in the account that are restricted. Because we were in a negative cash flow, we inadvertently used some of those restricted revolving loan funds.” If COG leaders knew that the funds were restricted and knew that they were in a negative cash flow, how could the check writing possibly have been inadvertent? Unless they were convinced this would never be made public, why would COG leaders, with full knowledge that the funds were restricted, authorize the payments, write the checks, and misspend the funds?

At the March 28 COG board meeting, directors learned from their auditor that this “material weakness in internal control” was a repeat finding from the prior year. If COG employees and board members were informed about this in two annual audits, why was it allowed to continue? Why are they still employed or on the board? Where did the wrongly spent money go? Why aren’t those who wrongly authorized and wrote the checks responsible for repaying the money? Why are hard-working citizens in the numerous municipalities expected to pay for the COG’s incompetence and wrongdoing?

Ms. Cox said the council’s problem was like some faced in households throughout the region served, stating, “If you don’t have the money, you have to figure out how.” To what households does she refer? Individuals cannot spend money they do not have.

Danny Wright said, “The council of governments is currently in serious financial difficulty. As a member of the board, I take responsibility for the situation.” He called the misspending “unintentional borrowing.” Unintentional borrowing! We’re not imbeciles. If COG leaders and employees can’t manage to function on the millions of tax dollars poured into it, can’t manage one checking account, and can’t follow the rules, how can they possibly give advice to municipalities? What municipal leaders worth their salt would heed their advice?

Chairman Bryan Phol said, “The COG is statutorily prohibited from borrowing money, and as a result, there is no quicker mechanism for obtaining the funds.” Mugging might be quicker, but begging doesn’t look as sinister. Danny Wright said that the Kerr-Tar council will pay the money back through marginal reductions on member municipality assessments in future years. He stated, “As long as I am on the COG, we will work on that, I assure you.” If the COG cannot borrow money and this assessment is not a loan, how can it be paid back (as Mr. Wright promised)?

Yet to apologize, COG officials have been very anxious to claim that they did nothing wrong or illegal. It is likely that this never would have made the paper had the COG not needed more of our hard-earned money. Obviously, they rehearsed their innocence claims and got their stories straight before going panhandling in public.

In addition, they seem to be saying that because they deliver the goods (in this case, other people’s tax dollars), they should be given a pass. Truly bad form!

Serious questions remain unanswered. Upon what basis and by whom was the extra replenishment amount of $172,830 determined? What actually happened?  Who authorized the payments? Who signed the checks?  Where did the money go? Did municipal leaders get the same set of facts that we got in the paper? Will a truly independent audit be done? Will this be criminally investigated? Who should repay the wrongly spent money? Why is the COG in serious financial difficulty? Who is responsible? Are COG employees and directors really going to be held accountable for this and perhaps other wrongdoings? Should the COG even exist?

I can’t speak for citizens of the other COG counties, but we in Vance County are tired of tax dollars disappearing with nothing to show for it. Was this a mistake? I seriously doubt it. Is this the tip of a rather unseemly iceberg? Probably. Do those responsible need to be held accountable for their actions? Certainly. Will they? Perhaps.  Federal and State investigations have commenced.
 
Rusty McMahon
Kittrell, NC