Saturday, May 20, 2017

Fox C-6 Auditee's Response Highlights from the May 2016 Missouri State Auditor's Report

It's been nearly a year since the scathing results of the Fox C-6 School District audit by Missouri State Auditor Nicole Galloway were released to the public.

So far, no criminal charges have been filed and it appears that no taxpayer dollars have been recovered since the audit was released on May 25, 2016.

The Fox C-6 School District website has a webpage dedicated to the 2016 Missouri State Audit. It contains a link to the 2016 Missouri State Audit and a short timeline of what's happened since a state audit was requested in August 2014.

The webpage includes a link to a letter from Jefferson County Prosecuting Attorney Forrest Wegge to the school board on June 2, 2016 informing the school board that he requested a "complete criminal investigation into the various allegations contained within said audit".

The webpage also includes a link to Forrest Wegge's July 14, 2016 press release stating that he was referring the investigation to the United States Attorney's Office for further investigation.

You can view the district's State Audit webpage here:
https://www.fox.k12.mo.us/about_us/state_audit


Auditee Responses
The State Audit Report includes Auditee's Responses from the Fox C-6 Board of Education and District Administration in response to the State Auditor's Recommendations.

Below are only a few highlights from the District's Auditee's Responses as found in the 2016 State Auditor's report:


"The Fox C-6 Board of Education and District Administration agree with this recommendation. Implementation of new procedures to accurately determine the rate of compensation for the Superintendent and properly adopt a Superintendent contract were in place by December 2014. These new procedures comply with the recommendation. 
The audit findings are critical of the $260,598 salary paid to Dianne Critchlow and other administrators during 2013-2014, including that Critchlow's salary was substantial when compared to Superintendents of other districts and was not properly documented. By comparison, the 2015-2016 salary for Dr. Jim Wipke of $175,000 is competitive for a district the size and complexity of Fox C-6 Schools and is properly documented.
The District believes that most of the irregularities regarding former Superintendent Dianne Critchlow's contracts identified by the audit findings resulted primarily from acts of Dianne Critchlow and acts or omissions of persons holding the post of Chief Financial Officer, namely James Berblinger, or his successor Mark McCutchen. Fox C-6 Board of Education expects staff to properly implement all Board decisions. The Board of Education disapproves both the acts or omissions that (1) increased Critchlow's compensation without Board action and (2) compensated Dianne Critchlow greater than provided within her approved contracts Critchlow, Berblinger and McCutchen are no longer employed by Fox C-6 Schools.
The Board of Education intends to consider the following actions:
(1) seek recovery of the unauthorized compensation paid to Dianne Critchlow, (2) notify the Public School Retirement System (PSRS) about the unauthorized compensation to determine whether correction or forfeiture of pension benefits being paid to Dianne Critchlow is warranted, and (3) submit the record of unauthorized compensation to the Jefferson County Prosecuting Attorney's Office to determine whether prosecution is warranted. 
The District is committed to maintaining full compliance with the recommendation."

...

"As teaching jobs continue to be scarce, and as Fox C-6 budgets continue to be strained, the school board has an even greater responsibility to make sure the most highly qualified people land the few jobs available. School board members and the Superintendent doing the hiring have a fiduciary responsibility to the community to hire the best talent for the money. Under these circumstances, it is completely justified for the District to maintain its new hiring practices and strong anti-nepotism policy, which exceeds the provisions of the Missouri Constitution.
The audit criticizes the District for failing to follow proper protocols in the hiring process and in sections 1.3 and 1.4 focuses on unauthorized and unwarranted job promotions by the former superintendent, Dianne Critchlow, of her husband Jamie Critchlow. These job promotions and rates of compensation were without Board approval according to the audit. The reported findings indicate $88,751 in excess compensation paid to Jamie Critchlow. After fringe costs are added, the cost to the District rises to approximately $102,900.
The Board of Education disapproves of both (1) Dianne Critchlow's apparent disregard of Board procedures and authority; and (2) enrichment of Dianne Critchlow's husband with District financial resources. Jamie Critchlow and Dianne Critchlow are no longer employed by Fox C-6 Schools.
The Board of Education intends to consider the following actions:
(1) seek recovery of the unauthorized compensation paid to Jamie Critchlow, (2) notify the PSRS about the unauthorized compensation to determine whether correction of pension benefits relating to Jamie Critchlow is warranted, and (3) submit the record of unauthorized compensation to the Jefferson County Prosecuting Attorney's Office to determine whether prosecution is warranted."
...

"The audit criticizes the District for failing to follow proper procedures and focuses on unwarranted job promotions for Mark McCutchen, Jamie Critchlow, and others. These job promotions were not approved by the Board and were often accompanied by unauthorized increased rates of compensation. The reported findings indicate $49,162 in excess compensation paid to Mark McCutchen. After fringe costs are added, the cost to the District rises to approximately $57,000. The Board of Education disapproves of: (1) Dianne Critchlow's apparent disregard for Board authority and (2) acts that compensated Mark McCutchen greater than provided within his contracts. Critchlow and McCutchen are no longer employed by Fox C-6 Schools.

The Board of Education intends to consider the following actions:(1) seek recovery of the unauthorized compensation paid to Mark McCutchen, (2) notify the PSRS about the unauthorized compensation to determine whether correction or forfeiture of pension benefits relating to Mark McCutchen is warranted, and (3) submit the record of unauthorized compensation to the Jefferson County Prosecuting Attorney's Office to determine whether prosecution is warranted.

Subject to the clarifications presented, the District is committed to full compliance with the recommendation."
...

"The audit findings indicate charges made to credit cards held by former Superintendent Dianne Critchlow and her administrative assistant appear to be questionable or improper use of District financial. The Board of Education disapproves of these questionable and improper purchases totaling $96,743 as a misuse of taxpayer funds. This constitutes a violation of the public trust. The District has previously demanded repayment from Dianne Critchlow for many questionable and improper credit card charge that constitute personal purposes, excessive expenditures, gifts of public property, and payments in violation of Missouri laws relating to conflicts of interest. Dianne Critchlow has failed to respond to District demands for repayment.

The Board of Education intends to consider the following actions:(1) seek recovery of the unauthorized improper and/or questionable charges made to credit cards assigned to Dianne Critchlow and her administrative assistant, (2) submit the record of improper and/or questionable credit card charges to the Jefferson County Prosecuting Attorney's Office to determine whether prosecution is warranted, and (3) in the event of a prosecution, notify the Public School Retirement System (PSRS), and/or the Public Educational Employees Retirement System (PEERS) about the potential need for correction or forfeiture of pension benefits."

...

"Dianne Critchlow and Jamie Critchlow appeared to have used taxpayer money for purposes that did not benefit the school district; made expenditures that were not properly documented, or constituted excessive expenditures, or gifts of public property; or in violation of Missouri laws relating to conflicts of interest. The Board of Education disapproves of any and all misuse of taxpayer funds.

The District is committed to full compliance with the recommendation."