Friday, October 25, 2013

Is FC Board's ignorance of the law bliss? Yes, for FC administrators, but not for the taxpayers . . . more about the $22,262 mentioned at the end of the last post . .


As stated in Fort Cherry School District Policy 612, and more importantly, PA School Code 609, school districts cannot spend taxpayer money on expenditures not appropriately allocated for in the budget.

FC School Policy 612 – Purchases Not Budgeted states that if a line item from the budget is allocated at $0, a legal transfer of surplus funds from another line item is necessary.

The board must approve the transfer according to procedures specified in school code. A legal transfer can occur only if money is available from another line item of the budget.

“When funds are not available for a proposed appropriation, a legal transfer from one class of expenditure to another may be made in the last nine (9) months of the fiscal year by the Board if it is apparent that the necessary surplus funds do exist in another appropriation and if the procedures specified in the School Code are followed.”


What are the procedures specified in school code?

PA School Code Section 609 states that school districts cannot exceed the amount budgeted in each line item, nor can the money allocated for a particular line item be used for any other purpose or transferred without a 2/3 majority board vote.

If a line item is budgeted at $0, the board must vote to approve a transfer of money from a line item with surplus funds.

School code also states that no expenditures can be made that will exceed the amount allocated in the budget.

“The amount of funds in any annual estimate by any school district, at or before the time of levying the school taxes, which is set apart or appropriated to any particular item of expenditure, shall not be used for any other purpose, or transferred, except by resolution of the board of school directors receiving the affirmative vote of two-thirds of the members thereof.
No work shall be hired to be done, no materials purchased, and no contracts made by any board of school directors which will cause the sums appropriated to specific purposes in the budget to be exceeded.”




Where did the money come from to fund $22,262 worth of expenditures?

School finance is not the same as corporate finance.  Even if there is money available elsewhere in the budget, by law, funds cannot be transferred and expended from a zero line item in the budget unless officially voted on by the board.

The board did not publicly vote to legally transfer the money for the expenditures, so the board and the public have no way of knowing exactly where the money came from. 

Although the board may be ignorant of the law, the superintendent and business manager should not.


How should a public vote for budget transfers be handled?

This page from Montour School District’s March 21, 2013, meeting agenda shows how it should be done:






Why does this matter?

Permitting money to be spent on items that were not allocated for in the budget takes away the public’s chance to comment on the expenditures as required by law.

Per FC School Policy 604 and PA School Code 687, the budget is to be available for public inspection before approval.  Because the line items were $0, the public had no idea that the district planned to spend this money.

Spending money that was not allocated for in the budget undermines the Board’s responsibility to manage our taxpayer dollars.

As elected representatives, board members are to model responsible school governance and leadership.  Board members are duty bound to ensure the fiscal integrity of our school district.

To ensure the fiscal integrity of the district, the district needs an independent investigation and forensic audit.

Chris Lauff asked that a forensic audit be added to the October 21 agenda.  The board will vote on it at the October 28 meeting.

Taxpayers need to encourage all board members to pursue this course of action.

At the meeting, Sroka suggested floating an additional bond to cover supplemental necessary repairs.  An additional bond would incur another tax increase.  Doing so without making sure our finances are in order through a forensic audit would be a serious disservice to the taxpayers, students, and staff.



More from the October 21 meeting . . .

On the agenda was a request from elementary principal Jacoby for $14,300 in district funds for upgrades to the elementary playground.  Sroka said the money would be pulled from the Capital Projects Fund.

Considering the essential renovations underway (roof replacement, security upgrades, carpet replacement, and now the need for air conditioning in both buildings), would it not be wise to reserve the money in the Capital Projects Fund?

Lauff suggested that Jacoby find the money within her budget.  It is entirely possible, considering that last year $10,260 was found within the General Fund for Jacoby’s expenditures that were not approved by the board (budget pages shown at the end of this post).

Jacoby was not at the meeting, and therefore, not available to comment.