The Le Roy Fire Department lacked proper oversight of its finances. The audit found over $18,000 in questionable cash disbursements by the Treasurer that were unsupported and unauthorized, including checks paid to himself and his business. Cash receipts were also unaccounted for. Transfers occurred between the Department and the related Firemen's Benevolent Association without authorization. The Department's bank balance was underreported by $7,824. Corrective action is needed to ensure finances are properly safeguarded and accounted for.
The Le Roy Fire Department lacked proper oversight of its finances. The audit found over $18,000 in questionable cash disbursements by the Treasurer that were unsupported and unauthorized, including checks paid to himself and his business. Cash receipts were also unaccounted for. Transfers occurred between the Department and the related Firemen's Benevolent Association without authorization. The Department's bank balance was underreported by $7,824. Corrective action is needed to ensure finances are properly safeguarded and accounted for.
OF F I C E O F T H E NE W Y O R K S T A T E CO M P T R O L L E R Report of Examination Period Covered: January 1, 2012 December 10, 2013 2014M-25 Le Roy Fire Department, Inc. Oversight of Fire Department Finances Thomas P. DiNapoli 11 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY
Page AUTHORITY LETTER 2 INTRODUCTION 3 Background 3 Objective 3 Scope and Methodology 3 Comments of Department Ofcials and Corrective Action 4 OVERSIGHT OF FIRE DEPARTMENT FINANCES 5 Cash Disbursements and Receipts 5 Reported Cash 10 Recommendations 11
APPENDIX A Response From Department Ofcials 12 APPENDIX B Audit Methodology and Standards 14 APPENDIX C How to Obtain Additional Copies of the Report 15 APPENDIX D Local Regional Ofce Listing 16 Table of Contents 2 OFFICE OF THE NEW YORK STATE COMPTROLLER 2 State of New York Ofce of the State Comptroller Division of Local Government and School Accountability
October 2014 Dear Fire Department Ofcials: The Ofce of the State Comptroller works to identify areas where re department ofcials can improve their operations and provide guidance and services that will assist them in making those improvements. Our goals are to develop and promote short-term and long-term strategies to enable and encourage re department ofcials to reduce costs, improve service delivery, and to account for and protect their entitys assets. Following is a report of our audit of the Le Roy Fire Department, entitled Oversight of Fire Department Finances. This audit was conducted pursuant to Article V, Section 1 of the State Constitution and the State Comptrollers authority as set forth in Article 3 of the General Municipal Law. This audits results and recommendations are resources for Department ofcials to use in effectively managing operations and in meeting the expectations of their constituents. If you have questions about this report, please feel free to contact the local regional ofce for your county, as listed at the end of this report. Respectfully submitted, Ofce of the State Comptroller Division of Local Government and School Accountability State of New York Ofce of the State Comptroller 33 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY Background Introduction Objective Scope and Methodology The Le Roy Fire Department, Inc. (Department) provides re protection services to the Village and Town of Le Roy in Genesee County. The Department is comprised of members from the Oatka Hose Company, Excelsior Hook and Ladder Company, and the Chemical and Hose Company. 1
The Departments ofcers include, among others, a President, Vice- President, Secretary, Treasurer, Chaplain, Department Chief, two Assistant Chiefs, and a Board of Directors. The Board of Directors generally consists of ve members, with one person from each re company and two at-large members. 2
According to the bylaws, the Business Ofcers 3 have control and management of the Departments nancial affairs. The Treasurers duties include the maintenance of all bank accounts, accounting records and reports. The Treasurer of the Department is, by law, also the Treasurer of the Firemens Benevolent Association of the Village of Le Roy. We also conducted an audit of the Firemens Benevolent Association of the Village of Le Roy and issued a separate report, Oversight of the Associations Foreign Fire Insurance Tax Moneys (2014M-26). The Departments revenue for the past three scal years 2011 through 2013 averaged about $3,400, primarily from fundraising and donations. The average expenditures for the three years were $2,400, for fundraiser prizes, antique re truck expenses, little league sponsorship and donations. The objective of our audit was to examine internal controls over the Departments nancial operations and addressed the following related question: Are Department controls adequate to ensure that nancial activity is properly recorded and reported and that Department moneys are safeguarded? We initially examined the Departments records and reports for the period January 1, 2012 through December 10, 2013. Upon identifying questionable transactions, we expanded our scope back to 2005. ____________________ 1 Each of these companies has a separate Treasurer who is responsible for maintaining nancial records for their respective companies. 2 At-large members can come from any of the Departments three re companies. 3 Business Ofcers include the Board of Directors, President, Vice-President, Treasurer and Secretary. 4 OFFICE OF THE NEW YORK STATE COMPTROLLER 4 Comments of Department Ofcials and Corrective Action We conducted our audit in accordance with generally accepted government auditing standards (GAGAS). More information on such standards and the methodology used in performing this audit are included in Appendix B of this report. The results of our audit and recommendations have been discussed with Department ofcials and their comments, which appear in Appendix A, have been considered in preparing this report. Department ofcials generally agreed with our ndings and indicated they planned to initiate corrective action. The Departments Business Ofcers have the responsibility to initiate corrective action. A written corrective action plan (CAP) that addresses the ndings and recommendations in this report should be prepared and forwarded to our ofce within 90 days. For more information on preparing and ling your CAP, please refer to our brochure, Responding to an OSC Audit Report, which you received with the draft audit report. We encourage the Department to make this plan available for public review.
55 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY Oversight of Fire Department Finances The Departments Business Ofcers are responsible for establishing adequate internal controls over cash receipts and disbursements. The Business Ofcers should periodically review the Departments nancial records to ensure that the Treasurer accurately records and promptly deposits all cash receipts. They should also periodically compare nancial transactions on bank statements and canceled check images with the amounts recorded by the Treasurer as received and disbursed. In addition, they should compare cash balances on bank statements (as adjusted for deposits in transit and outstanding checks) with the corresponding cash balances in the accounting records and reported by the Treasurer in the annual nancial report. The Business Ofcers did not establish adequate internal controls over cash receipts and disbursements to ensure that Department moneys were safeguarded. The Treasurer managed the Departments funds with little or no oversight by any of the other Business Ofcers. We found that the Treasurer made approximately $18,100 in questionable disbursements that were not supported by invoices or authorized by the Departments membership. Of this amount, checks totaling $7,866 were paid to the Treasurer, checks totaling $6,925 were paid to Total Quality Plus (a business purportedly owned by the Treasurer), and electronic funds transfers totaling $3,307 were made to a credit card company. In addition, cash receipts totaling almost $2,600 were unaccounted for. Further, 14 transfers totaling $14,305 were made from the Le Roy Firemens Benevolent Associations (Association) bank accounts to the Departments checking account, and four unauthorized transfers totaling $8,600 were made from the Department to the Association. The Department Treasurer is also Treasurer of the Association. Ofcials from the Department and Association told us that there should be no reason for transfers to occur between these two organizations. The Departments bank balance on October 10, 2013 was $7,824 less than the cash balance in the Treasurers accounting records. Subsequently, the Treasurer made an unexplained deposit of $7,500 on October 24, 2013 to the Departments bank account, which was composed entirely of cash. In November 2013, the President of the Department accepted the Treasurers request for a leave of absence pending the full resolution of our audit and any subsequent investigation. The Departments bylaws require that the Treasurer manage all moneys received and disbursed by the Department and keep an accurate record of all cash receipts and disbursements. The bylaws Cash Disbursements and Receipts 6 OFFICE OF THE NEW YORK STATE COMPTROLLER 6 require that the membership approve expenditures greater than $500 prior to payment. The bylaws also state that withdrawals can only be made with the signature of any two of the following ofcers: President, Vice-President or Treasurer. Also, no money can be withdrawn from any bank unless authorized by Department ofcials at a regular, annual or special meeting. Good management practice suggests that Department ofcials issue press numbered duplicate receipts when no other documentation to support the receipt of cash is available, and deposit cash and checks received in a timely manner. Cash Disbursements The Treasurer processed cash disbursements with limited oversight by other Business Ofcers. Bank withdrawals and expenditures over $500 were not authorized by the membership and cash disbursement records were not accurate. We identied questionable disbursements totaling $18,098 that were made by the Treasurer from September 2007 through September 2013, as indicated in Table 1. Of this amount, 19 checks totaling $7,866 were paid to the Treasurer, nine checks totaling $6,925 were paid to Total Quality Plus and ve electronic funds transfers totaling $3,307 were made to a credit card company. None of these payments were supported by invoices, included on the annual Treasurers report or approved by other Business Ofcers or the membership as noted in the minutes. The Department Secretary and former President told us that they did not authorize any compensation to be paid to the Treasurer and did not authorize Total Quality Plus to provide any services to the Department. In addition, they did not provide the Treasurer with a credit card or have knowledge of reimbursements made to the Treasurer for any Department transactions for which the Treasurers personal credit card would have been used. 77 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY Table 1: Questionable Disbursements Date Disbursement Type/Payee Amount 9/18/2007 Check Treasurer $783 2/26/2008 Check Treasurer $218 9/9/2008 Check Treasurer $507 9/23/2010 Check Treasurer $425 12/21/2010 Check Treasurer $655 4/5/2011 Check Treasurer $650 7/18/2011 Check Treasurer $225 7/26/2011 Check Treasurer $279 8/30/2011 Check Treasurer $206 11/17/2011 Check Treasurer $503 4/11/2012 Check Treasurer $232 6/19/2012 Check Treasurer $759 6/20/2012 Check Treasurer $329 7/25/2012 Check Treasurer $335 9/5/2012 Check Treasurer $289 9/11/2012 Check Treasurer $215 11/6/2012 Check Treasurer $479 4/23/2013 Check Treasurer $165 9/4/2013 Check Treasurer $612 7/23/2009 Check Total Quality Plus $895 9/8/2010 Check Total Quality Plus $350 9/16/2010 Check Total Quality Plus $1,550 9/29/2010 Check Total Quality Plus $595 12/21/2010 Check Total Quality Plus $200 9/7/2011 Check Total Quality Plus $950 1/4/2012 Check Total Quality Plus $995 8/28/2012 Check Total Quality Plus $500 9/18/2012 Check Total Quality Plus $890 10/19/2010 EFT Credit Card Payment $578 11/8/2010 EFT Credit Card Payment $200 8/19/2011 EFT Credit Card Payment $212 9/7/2011 EFT Credit Card Payment $1,567 2/6/2012 EFT Credit Card Payment $750 Total $18,098 We reviewed the canceled check images and found that all 28 checks included the purported signatures of the Treasurer and another Department ofcial. We showed the canceled check images to the former Department President, whose signature appeared on 23 of these checks. He indicated that he did not recall signing these checks and that the signature on the canceled check image did not appear to be his. We attempted to contact two other former Presidents, including the Treasurers son, whose signature appeared on the ve remaining checks, but they did not return our calls. 8 OFFICE OF THE NEW YORK STATE COMPTROLLER 8 Cash Receipts We found ve instances where the amount recorded as received in the Treasurers records was more than the amount deposited. As indicated in Table 2, cash receipts totaling $2,592 are unaccounted for. Table 2: Cash Receipts Date Description From Records Treasurers Report Bank Deposit Difference 8/21/2010 Donation $2,420 $2,030 ($390) 7/9/2011 Parade Prize $35 $0 ($35) 8/18/2011 Fundraiser Rafe Ticket Sales $1,640 $1,440 ($200) 8/22/2011 Fundraiser Rafe Ticket Sales & Donations $3,665 $3,355 ($310) 8/31/2013 Fundraiser Proceeds $1,657 $0 ($1,657) Unaccounted for Cash Receipts ($2,592) The fundraising activity consisted primarily of an annual rafe at a local camping resort. Department members who managed the rafe told us they collected, counted and recorded the proceeds from the event, then provided the cash and checks collected to the Treasurer, who was responsible for making the bank deposit. We also obtained deposit compositions for the Departments bank accounts and compared them to the Treasurers records. As indicated in Table 3, we found nine deposits totaling $2,290 of cash and checks that were not included in the Treasurers records. The Department Secretary was unable to explain these deposits. Department ofcials did not issue duplicate receipts when they collected cash; therefore, we are unsure of the source of the cash deposits and whether any of the amounts deposited relate to the unaccounted for cash receipts included in Table 2. The dates and the amounts of these deposits do not align with any of the unaccounted for receipts previously discussed. For example, the largest receipt ($1,657) that was not deposited was for fundraiser proceeds recorded as received on August 31, 2013. Unidentied cash after this date totaled $400, which was deposited on October 16, 2013. 99 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY Table 3: Unrecorded Deposits Date Composition Amount 3/7/2005 NA a $200 10/19/2007 Cash $100 4/7/2008 Cash $500 4/15/2010 Four Checks $355 10/12/2012 One Check $25 1/9/2013 Cash $310 2/12/2013 Cash $300 8/12/2013 Cash $100 10/16/2013 Cash $400 Total $2,290 a A bank composition for this deposit was not available due to its age. We are unsure if this was cash or checks. The four checks deposited on April 15, 2010 included three donations of $50, $100 and $200, and one $5 check for a re report. The check deposited on October 12, 2012 was an award from another Fire Department which was labeled Best Pumper. Transfers The Treasurer of the Department is also the Treasurer of the Association. We found that 14 transfers totaling $14,305 were made from the Associations bank accounts to the Departments checking account. In addition, four transfers totaling $8,600 were made from the Department to the Association. According to ofcials from the Department and the Association, there should be no reason for transfers to occur between these two organizations. 4 We found that at least seven of the transfers from the Association to the Department were likely made to ensure adequate moneys were on hand prior to questionable disbursements being made to the Treasurer or his business. The net effect of these transfers is that the Department may owe the Association $5,705. We asked the Treasurer about the questionable cash disbursements, receipts and transfers. He stated that he provided all available supporting documentation to us and that, on many occasions, he paid for Department expenses with cash, personal checks and personal credit cards and then reimbursed himself at a later date. He also indicated that, on numerous occasions, he would transfer moneys as needed to prevent overdrafts. However, he did not provide us with any additional documentation to support these transactions. ____________________ 4 The Departments bylaws state that no money shall be withdrawn from any bank unless authorized at a regular, annual or special meeting. There was no documentation in the minutes indicating the transfers were authorized by any of the other Business Ofcers. 10 OFFICE OF THE NEW YORK STATE COMPTROLLER 10 Reported Cash The Treasurer should prepare and submit annual reports to the Business Ofcers. These reports provide the Business Ofcers with information necessary to monitor Department operations and give other interested parties a summary of the Departments nancial activities. At the annual meeting held in April 2013, the Treasurer presented an annual report of the Departments nancial activity to the membership. The report listed receipts and disbursements from the prior calendar year and a Statement of Accounts and Funds, which included the Departments bank account balances. The minutes indicate that no one present questioned any of the nancial information on the Treasurers report. We reviewed year-end bank account balances dating back to 2005 and found that the amounts reported by the Treasurer were consistently more than the corresponding balances found on the bank statements (as adjusted for deposits in transit and outstanding checks) since 2006, as indicated in Table 4. The Business Ofcers did not compare transactions on the bank statements with amounts recorded by the Treasurer, or cash balances with the accounting records or annual report. Department ofcials told us that bank statements were mailed to the Treasurers home and that he always kept the bank statements and canceled checks there and they never saw them. Table 4: December 31 Bank Balance Comparison Fiscal Year Per Treasurers Report Per Bank Statements Difference 2005 $4,939 a $5,004 $65 2006 $5,834 $1,137 ($4,697) 2007 $4,899 $3,897 ($1,002) 2008 $4,812 $1,025 ($3,787) 2009 $4,301 $619 ($3,682) 2010 $5,263 $1,754 ($3,509) 2011 $8,717 $5,254 ($3,463) 2012 $8,315 $795 ($7,520) 2013 b $8,247 $423 ($7,824) a A deposit of $4,947 in Foreign Fire Insurance Tax proceeds was made into a Department bank account in 2005, but was not recorded on the 2005 annual report. If this deposit had been recorded on the annual report, the difference would have been ($4,882). b General Ledger balance at October 10, 2013 The Departments bank balance on October 10, 2013 was $7,824 less than the cash balance in the Treasurers accounting records. Subsequently, the Treasurer made an unexplained deposit of $7,500 on October 24, 2013 5 to the Department bank account, which was ____________________ 5 We initially contacted the Treasurer, who agreed to meet with us on October 11, 2013. He did not make himself available on that date and instead provided the Secretary with virtually none of the records we requested. 11 11 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY composed entirely of cash. When we questioned him regarding the source of that cash, he stated that this was a return of funds that he had invested for the Department. We found nothing in the minutes to indicate that the Business Ofcers had authorized the Treasurer to make any investments with Department funds. When we asked for documentation to demonstrate what investments he had made, he stated that where these funds were invested was irrelevant and that the funds were always available for Department use. The Business Ofcers should: 1. Investigate the questionable nancial transactions identied in this report and take appropriate action to recover any misappropriated moneys, as necessary; 2. Approve disbursements and transfers as required in the bylaws; and 3. Periodically request and review bank statements and canceled check images, comparing them with invoices and the Treasurers accounting records. Recommendations 12 OFFICE OF THE NEW YORK STATE COMPTROLLER 12 APPENDIX A RESPONSE FROM DEPARTMENT OFFICIALS The Department ofcials response to this audit can be found on the following page. 13 13 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 14 OFFICE OF THE NEW YORK STATE COMPTROLLER 14 APPENDIX B AUDIT METHODOLOGY AND STANDARDS We performed the following audit procedures to complete our audit objective: Reviewed the Departments minutes and available documentation for information concerning approval of disbursements and the annual Treasurers reports; Reviewed the Departments bylaws to determine what guidelines were in place regarding nancial activity; Interviewed Department ofcials in regards to nancial operations, with a focus on the receipt, deposit and disbursement practices and procedures; Compared canceled checks, check images and activity noted on bank statements to Treasurer reports, available receipts and invoices, and other Department records to determine the validity of disbursements; and Reviewed payments made to Department ofcials to determine if they were authorized. We conducted this performance audit in accordance with GAGAS. Those standards require that we plan and perform the audit to obtain sufcient, appropriate evidence to provide a reasonable basis for our ndings and conclusions based on our audit objective. We believe that the evidence obtained provides a reasonable basis for our ndings and conclusions based on our audit objective. 15 15 DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY APPENDIX C HOW TO OBTAIN ADDITIONAL COPIES OF THE REPORT Ofce of the State Comptroller Public Information Ofce 110 State Street, 15th Floor Albany, New York 12236 (518) 474-4015 http://www.osc.state.ny.us/localgov/ To obtain copies of this report, write or visit our web page: 16 OFFICE OF THE NEW YORK STATE COMPTROLLER 16 APPENDIX D OFFICE OF THE STATE COMPTROLLER DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY Andrew A. SanFilippo, Executive Deputy Comptroller Gabriel F. Deyo, Deputy Comptroller Nathaalie N. Carey, Assistant Comptroller LOCAL REGIONAL OFFICE LISTING BINGHAMTON REGIONAL OFFICE H. Todd Eames, Chief Examiner Ofce of the State Comptroller State Ofce Building - Suite 1702 44 Hawley Street Binghamton, New York 13901-4417 (607) 721-8306 Fax (607) 721-8313 Email: [email protected] Serving: Broome, Chenango, Cortland, Delaware, Otsego, Schoharie, Sullivan, Tioga, Tompkins Counties BUFFALO REGIONAL OFFICE Jeffrey D. Mazula, Chief Examiner Ofce of the State Comptroller 295 Main Street, Suite 1032 Buffalo, New York 14203-2510 (716) 847-3647 Fax (716) 847-3643 Email: [email protected] Serving: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming Counties GLENS FALLS REGIONAL OFFICE Jeffrey P. Leonard, Chief Examiner Ofce of the State Comptroller One Broad Street Plaza Glens Falls, New York 12801-4396 (518) 793-0057 Fax (518) 793-5797 Email: [email protected] Serving: Albany, Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Warren, Washington Counties HAUPPAUGE REGIONAL OFFICE Ira McCracken, Chief Examiner Ofce of the State Comptroller NYS Ofce Building, Room 3A10 250 Veterans Memorial Highway Hauppauge, New York 11788-5533 (631) 952-6534 Fax (631) 952-6530 Email: [email protected] Serving: Nassau and Suffolk Counties NEWBURGH REGIONAL OFFICE Tenneh Blamah, Chief Examiner Ofce of the State Comptroller 33 Airport Center Drive, Suite 103 New Windsor, New York 12553-4725 (845) 567-0858 Fax (845) 567-0080 Email: [email protected] Serving: Columbia, Dutchess, Greene, Orange, Putnam, Rockland, Ulster, Westchester Counties ROCHESTER REGIONAL OFFICE Edward V. Grant, Jr., Chief Examiner Ofce of the State Comptroller The Powers Building 16 West Main Street Suite 522 Rochester, New York 14614-1608 (585) 454-2460 Fax (585) 454-3545 Email: [email protected] Serving: Cayuga, Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne, Yates Counties SYRACUSE REGIONAL OFFICE Rebecca Wilcox, Chief Examiner Ofce of the State Comptroller State Ofce Building, Room 409 333 E. Washington Street Syracuse, New York 13202-1428 (315) 428-4192 Fax (315) 426-2119 Email: [email protected] Serving: Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence Counties STATEWIDE AUDITS Ann C. Singer, Chief Examiner State Ofce Building - Suite 1702 44 Hawley Street Binghamton, New York 13901-4417 (607) 721-8306 Fax (607) 721-8313