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IS IT TRUE October 2, 2012

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IS IT TRUE October 2, 2012

IS IT TRUE that McGraw-Hill Companies publishes financial research and analysis on stocks and bonds? …that Standard & Poor’s is a division of McGraw-Hill?…that Standard & Poor’s is one of the “Big Three” credit rating agencies that gauges the “credit worthiness” of potential debtors, including municipalities such as the City of Evansville?…that a representative from Standard & Poor’s called the Civic Center today asking for a copy of the State Board of Accounts Audit that was recently released?… that, coincidentally, the State Board of Accounts audit found the City of Evansville has not reconciled its books for the last 21 months? …that the employee at the Civic Center referred Standard & Poor’s to none other than www.City-CountyObserver.com to find the link to the audit?…that the Civic Center employee asked the Standard & Poor’s representative if this audit was going to be used to determine the City of Evansville’s next bond rating?…that the Standard & Poor’s employee said “Yes” emphatically?… that the employee left his name and number with Standard & Poor’s and asked that they call him when they know when the next bond rating for the City of Evansville will be issued? …that this Civic Center employee, a trusted friend of the City-County Observer, said he will turn that information over to the CCO the minute he knows Evansville’s new bond rating is released?…that Mayor Lloyd Winnecke recently released a statement that “the city’s fiscal health is strong and affirmed by the bond rating of ‘AA-‘ assigned by Standard & Poor’s?”…that the AA- rating means the city has a “very strong capacity to meet financial commitments,” according to Mayor Winnecke?…that we shall soon see?

IS IT TRUE that on Page 41 of the audit it is noted that the City of Evansville entered into a contract agreement with SMG, effective Jan. 1, 2006, to manage Roberts Stadium, Victory Theater, and Mesker Music Theater?…that the contract required an independent annual audit of SMG?…that on Sept. 5, 2007, an addendum to the contract was added, amending the contract from requiring an “audit” to requiring a “review”?…that the audit results recently released show that as of July 2012, a review of SMG had not been completed by the City of Evansville for the years 2006, 2007, 2008, 2009, 2010 or 2011?… that the recently released SBOA audit reads: “Without the independent review of SMG’s financial records the accuracy of amounts paid to or received from SMG cannot be verified?”…that on Jan. 31, 2011, then-Mayor Jonathan Weinzapfel issued a memo to City Council members (https://city-countyobserver.com/2011/01/31/mayor-weinzapfels-unedited-memo-to-the-city-council-regarding-the-decision-on-the-management-of-the-arena/) explaining why the City was going with a new company, VenuWorks to manage the Ford Center?…that then-Mayor Weinzapfel stated in that memo that a committee “concluded that SMG was a highly successful and skilled company, but that their long-term focus on the success of the new arena was a concern,” and “It is not possible to consider the selection of a management company without a hard look at the performance of the incumbent”? …we wonder if we can take then-Mayor Weinzapfel’s words to heart now that we know a State Board of Accounts audit finds that not a single review of SMG was held from the years 2006 through 2011.

IS IT TRUE that Mayor Winnecke has been quoted as saying that all of the problems uncovered by the 2011 SBOA Audit have been solved?…we wonder if the problem of having a controller put into the position of having to reconcile over 100 accounts by hand every month constitutes a solution to the City of Evansville’s problem in Mayor Winnecke’s mind?…this failure to parallel the software packages to put the City into such a compromised financial position is not a forgivable transgression?…unless the MIPS system that the City of Evansville has already burned over a Million Bucks trying to integrate is installed and flawless there is not yet a solution?…we will assume that this Mayor who comes from the banking world has the good sense to understand that an unaudited set of books that were manually balanced with no real time reconciliation software is not a solution?…it is barely a band aid for a gaping wound?…the people of Evansville and the Evansville City Council need to take this BULL by the horns and find the responsible parties so that an appropriate consequence can be administered?…if this Mayor gets in the way of investigating this fiasco of all fiascos (so far) then the people of this town and the City Council need to override his authority and go forward with an investigation, a finding, and of course a financial accounting solution that works?…if someone has to answer to a court over what caused this then so be it?…the time for protecting sacred cows has passed?…Evansville cannot afford to go forward without making this right?…the City of Evansville and the people of Evansville deserve not to be lied to, stolen from, to wallow in Bee Slough, and to smell like it if this endemic idiocy is not challenged?

Tax Policy Center: 90 percent of Americans to face higher taxes if Congress doesn’t act on fiscal cliff

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Nearly 90 percent of Americans would face higher taxes next year if Congress permits the nation to hurtle over the “fiscal cliff,” the year-end precipice of tax hikes and spending cuts that threatens to throw the nation back into recession.

A study published Monday by the nonpartisan Tax Policy Center finds that taxes would go up by a collective $536 billion next year, or about $3,500 per household, reducing after-tax income by about 6.2 percent.

For most taxpayers, the bulk of the increase would be triggered by the scheduled expiration of tax cuts enacted in 2001 and 2003 during the George W. Bush administration. The expiration of President Obama’s payroll tax holiday, which shaves 2 percentage points off payments to Social Security, comes in a close second.

But the lowest earners would be hardest hit by the expiration of tax breaks enacted as part of Obama’s 2009 economic stimulus package, the study found. Those losses would include an expansion of the earned income tax credit and the child tax credit for working families, as well as a $2,500 credit for college tuition, which would shrink to $1,800 and be available for only two years instead of the current four.

New taxes in Obama’s health-care initiative, levies that are set to take effect for the first time, such as a new 3.8 percent tax on capital gains for high-income households will bring the hit up to $412 for low income earners, to $2,000 per middle class household to $120,000 per household for the so called top 1%.

It was recently calculated that confiscation of all of the income (100%) from the top 1% of earners would only run the government for about a month.

VANDERBURGH COUNTY FELONY CHARGES

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VANDERBURGH COUNTY FELONY CHARGES

This feature is sponsored by Chris Walsh For Vanderburgh County Clerk. Chris Walsh is a veteran county administrator that strongly supports our local law enforcement professionals . Chris Walsh is a candidate that possess a non-partisan attitude with a consumer friendly demeanor. Chris also stands against unification of city and county governments.
This ad paid for by the committiee to elect Walsh Clerk.

VANDERBURGH COUNTY FELONY CHARGES

Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, September 28, 2012.

Gary Cartwright, Sr. Possession of Paraphernalia – Class A Misdemeanor
(Enhanced to a Class D Felony due to Prior Convictions)
Public Intoxication – Class B Misdemeanor

Donald Mosher, Sr. Operating a Vehicle After Forfeiture of License for Life – Class C Felony

Divarious Rockmore Operating a Vehicle After Forfeiture of License for Life – Class C Felony

Patrick McFadden Criminal Recklessness – Class D Felony (Two Counts)

Russell Summers Theft –Class D Felony

For further information on the cases listed above, or any pending case, please contact Carly Settles at 812.435.5688 or via e-mail at csettles@vanderburghgov.org.

Under Indiana law, all criminal defendants are considered to be innocent until proven guilty by a court of law.
SENTENCE CHART

Class Range
Murder 45-65 Years
Class A Felony 20-50 Years
Class B Felony 6-20 Years
Class C Felony 2-8 Years
Class D Felony ½ – 3 Years
Class A Misdemeanor 0-1 Year
Class B Misdemeanor 0-180 Days
Class C Misdemeanor 0-60 Days

IS IT TRUE Part 2, October 1, 2012 (the questions about AuditGATE)

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Evansville Financial Controls for 2011

IS IT TRUE that we are wondering when the State Board of Accounts are going to grant City Councilmen and Budget Director, John Friend, CPA request for them to audit the Ford Center construction project? … that the “Civic Center Mole” tells us that Mr. Friend requested 3 months ago that the Mayor style an official letter to the SBA requesting that they schedule this audit soon as possible because this was biggest capital project that the City of Evansville has ever undertaken? …that “Civic Center Mole” has informed us that the State Board of Accounts has never responded to the Mayors request to conduct this audit ? …it looks like the new Governor should consider appointing a new Director to the State Board of Accounts in order to insure that important audit requests will be acknowledged in a reasonable time frame?

IS IT TRUE that Evansville City Controller Russ Lloyd Jr. claims to have manually reconciled all the fund balances as of December 31, 2011?…there are slightly over 100 such accounts and it seems a bit of a stretch even for a staff of CPA’s to have reconciled over 100 accounts in the short month since the SBOA came down on the City of Evansville like a ton of bricks?…the statement of Receipts, disbursement, and Investment balances as reported to the SBOA is on the following link?…we would like to hear from Controller Lloyd just how long it took to review the balances and indicate that your reconciled balances agree to the attached and to the Gateway report?… in addition, we would like to see the City Council supplied with a status report on the reconciliation of the Utility funds and when the SBOA report will be published concerning them?

IS IT TRUE that we wonder just how in the daylights it is possible for the City of Evansville to have managed the payroll account that involves the calculation of overtime and submitting withheld tax moneys to both the IRS and the Indiana Department of Revenue with a financial system that does not work?…we wonder if the payroll and withholding has been done correctly?…the inability to count does in a way explain the fact reported in the audit that substantially all of the accounts of the City were overdrawn at some point in 2011?…every college kid with a debit card seems to learn the lesson of unrecorded entries and overdraft fees by the end of their freshman year?…the City of Evansville is not even at the freshman level of accounting at this time?

IS IT TRUE that the Ford Center was completed in 2011?…it has been represented to the people of Evansville that the construction project came in a slightly under the $127.5 Million budget?…we wonder how that was accounted for since the City could not count or reconcile at that time?…maybe they took Mr. Kish’s word for it?…the same question goes for the operation of the Ford Center ever since it opened?…we wonder how the money was counted, with what, and what are the results?…it should be crystal clear by now that a full forensic audit needs to be done on the books of the City of Evansville, the Water and Sewer Utility, the Ford Center construction project, and the Evansville IT Department?…a failure to do this will be a failure of the Winnecke Administration?…there is no time for cronyism when a city of over 100,000 people can’t balance its checkbook due to complete incompetence?

Councilman Friend Expands on Letter to the Council

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Councilman John Friend, CPA: The man whose petition started the movement that led to teh NO VOTE for the Vectren fee

Dear Press

If it wasn’t for the auditors at the SBOA, who requested a meeting with me in July, I wouldn’t have know the problems existing. I immediately emailed our Council President concerning the issues. The severity of the situation did NOT come from the Administration, but, from the auditor. This same auditor has performed our City’s audit for over 20 years. She has never, while I have been on the Council, contacted me concerning any issues during those audits. She told me what is amazing while in the Civic Center performing the 2010 audit, during April and May of 2011, the controller NEVER indicated to her the problem with reconciling the funds. She also indicated that Harding Shymanski CPA’s were engaged to attempt to reconcile and was unable to do so. They NEVER contacted any Council Member. In addition, the auditor indicated that the Utility was in the same condition. At that time in July, I met with the CFO of the utility together with Allen Mounts, the Director to determine the level of issues. Again, it was the stated “Software Conversion Failure.” I was informed, Umbaugh & Associates, CPA’s were also engaged during 2011. During the SBOA exit conference, the supervisor of SBOA stated “you (Administration) were not forthcoming as to the conditions of your records.” This was the SBOA response to the Administration’s request for additional time to reconcile and reconvene the audit. They (auditors) indicated “if you would have been forthcoming, we would have rescheduled to give you the time to correct.” This conference was conducted on August 23, 2012 at 4 p.m. All of the attendees were strictly instructed by the SBOA NOT to publicize the findings until the report is released under regulations. Finally, I refer you to the final paragraph of my correspondence to Dr Adams and copied to all Council Members.

City Councilman John Friend, CPA

Councilwoman Stephanie Brinkerhoff-Riley Calls for a Public Hearing over AuditGATE

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3rd Ward City Councilwoman Stephanie Brinkerhoff-Riley

Stephanie Brinkerhoff Riley
October 1, 2012

For Immediate Release

I have asked John Friend to schedule a hearing on October 8, 2012, regarding the 2011 audit of the City of Evansville recently performed by the State Board of Accounts. It is my understanding that Councilman Friend has notified the City Administration that the same will occur on the requested date. I believe it is imperative that problems occurring in 2011 be fully outlined, discussed and addressed to avoid a similar situation for 2012 and beyond. I am very concerned that certain problems still exist, and the City’s 2012 audit is at risk for the same disclaimer opinion received for 2011. It seems that the City’s funds must be reconciled monthly. This did not occur in 2011. The funds were ultimately reconciled manually for the year during the month of September 2012, as the software purchased for this purpose and installed in January of 2011 still does not work. With the accounts for 2011 not reconciled until September of 2012, it raises the question of whether the accounts have been reconciled monthly thus far for 2012. Not only must a hearing occur regarding the issues related to 2011, but we must also determine the impact on 2012, and we must do so prior to passing the 2013 budget on October 22nd. We must have certainty as to our accounts before we determine what we will spend in 2013.

Questions that must be answered include when the City Administration became aware of the reconciliation problem, when City Council was notified, steps taken to correct the problems, when those steps were taken, the amount of money spent on outside accounting firms such as Umbaugh, the amount of money spent on this failed accounting software and support, where we go from here in terms of prevention, as well as questions related to the response to other issues outlined in the 2011 audit. It is my understanding that some of the issues outlined in the 2011 audit were also pointed out in the 2010 audit. It is time to address these problems. I believe the general public should also be able to ask questions at this hearing and air their concerns about what is at the very least an extremely embarrassing situation. It is almost unheard of for a disclaimer opinion to be issued by the State Board of Accounts. More importantly, the tax payers in our community are ultimately on the hook if there is a drop in our bond rating and the cost of borrowing money rises dramatically.

Although I was not in office in 2011, I take this problem very seriously. It cannot happen again, and there are solutions. I agree with Councilman Friend that the City’s Internal Auditor should report to the City Council instead of the Administration, that there should be sweeping changes related to our Information Technology with regular audits, and City Council should have it’s own CPA to verify that the various accounting rules are being followed. In furtherance of transparency, the internal auditor and City Council CPA’s periodic reports should be made available to the public. At this point, we must take these problems and turn them into opportunities to make local government more transparent and responsive to the community.

Councilman John Friend, CPA’s Letter to the City Council About AuditGATE

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Councilman John Friend, CPA: The man whose petition started the movement that led to teh NO VOTE for the Vectren fee

My Fellow Council Members:

Per your email concerning SBOA findings, the Board has broad authority in regards to who performs GASB audits (133-A, yellow book) and is the authority in granting outside CPA firms which, in my opinion, would cost the City and Utility upwards of $250k, and, when asked, during the exit conference, out of hand, rejected the request.

In regards to the comment that the City Council should have over-sighted the process is expected and normal under the separation of powers doctrine. Congress over-sights the executive branch, but, they have the GAO at their disposal and, of course, subpoena power. Up to now, no other City Administration has given the City Council funds to perform their apparent responsibilities. Per my request, in July, before this unfortunate situation was exposed to any member on council, including me, my request for Council City funding was honored; thus, we now can be expected to do our separation of powers responsibility. During the salary debate, you probably remember that the City has an internal auditor which reports to the Mayor and the controller office. Surprisingly, the SBOA does not mention the failure in reporting this disturbing state of affairs, maybe she did, but, regardless, nothing was done, no request for any additional appropriations from the Mayor to help with the exit of the only CPA due to underpay, no qualified replacement, and, obviously, lack of planning and over-sighting by Tyler and our contracted IT vendors. Thus, my three year concern of the IT situation and the requested assessment went un regarded by the past administration. You and Missy both supported my IT concerns over those years. During our meeting with Mark Rolley, weeks ago, you, Jonathan Weaver, and I heard the issues, seemingly uncontrolled acquisitions of software and peripherals and lack of involvement of IT in the process, among other issues.

What corrective actions by the Council, in my opinion, should be suggested? Well, first of all, the internal auditor needs to report to the council, not the executive branch. In corporate American, the IA reports, generally, to the board of directors, we should be the board of directors in the public since. If she had knowledge, and should have, her failure of reporting the condition of the accounting reporting system would have repercussions? Obviously, this smacks of either a cover-up or incompetence, neither one not inviting. If she properly would have informed us, would her job be in jeopardy? Second, as an ordinance, a required IT Assessment every three years including the establishment of a central authoritative committee concerning IT, and finally, our own over-sight coordinator, which I have nominated David Garrett. He is a CPA, former CFO of Pacific-Press, has IT project credentials, (Keller-Schraeder), probably should be on the short list for the CIO position.

We were all elected to oversee the affairs of the City, to appropriate funding were critically necessary, in safety and the supporting functions, etc. To execute those functions, it is the purview of the Mayor. For any one of us to perform those duties is not in the separation of powers doctrine. For instance, you are a cardiovascular surgeon, so, if our employee healthcare issues drive our costs upwards, our you responsible? Or, as we all are aware, this City has from time to time, entered into unfavorable contracts, would Dan McGinn, Connor O’Daniel, and Stephanie Brinkerhoff-Riley who are all attorneys, be held responsible? and likewise, as a CPA, would I be held responsible for the controller’s office failures. We all happen to be ordinary citizens elected to see to it that our community is a good place to call home and where we see the necessity for corrective action, we will respond. With this said, I strongly urge you and our colleagues to consider the aforementioned corrective actions. If you and others have additional recommendations, please bring forth.

Thanks, John

POSTED BY THE CITY COUNTY OBSERVER WITHOUT OPINION, BIAS OR EDITING! POSTED WITH PERMISSION OF 5TH WARD AND BUDGET CHAIRMEN AND CITY COUNCILMAN, JOHN FRIEND, CPA.

Mayor Winnecke’s Statement on AuditGate

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Evansville Mayor Lloyd Winnecke

CITY OF EVANSVILLE
ONE N.W. MARTIN LUTHER KING, JR. BLVD.
EVANSVILLE, INDIANA 47708
OFFICE OF THE MAYOR
LLOYD WINNECKE

September 28, 2012

In response to the State Board of Accounts 2011 audit filing for the City of Evansville, Mayor Lloyd Winnecke released the following statement:

“First off, I would like to be clear regarding city finances. The City of Evansville maintains a balanced budget with a surplus. The city’s fiscal health is strong and affirmed by the bond rating of ‘AA-’ assigned by Standards & Poor’s. The ‘AA-’ rating means the city has a ‘very strong capacity to meet financial commitments.’

For background purposes, the State Board of Accounts (SBOA) conducts annual audits of municipal and county governments statewide. Currently, the SBOA is completing audits for the year 2011.

Shortly after taking office in January of 2012, our administration became aware of long-standing difficulties with the conversion to a new financial software package that was installed in late 2010. The city converted from a 25-year-old financial system to a new windows-based real-time operating system that facilitates thousands of monthly transactions.

I directed City Controller Russ Lloyd, Jr., and his team to review the issues and implement a corrective plan of action to ensure confidence in the city’s finances. While the state was considering the city’s request for an extension, the city’s financial team diligently completed the 2011 reconciliation process.
As a result, it has been concluded that the difficulties revolve around a mismanaged conversion to new software, deficient training of city personnel using the new software and insufficient oversight and project management. While the conversion was the main reason for the difficulties, the delay in complying with the SBOA’s audit requests was directly linked to the lack of monthly reconciliation of the city’s bank accounts in 2011.

The good news that I would like to emphasize to taxpayers is that the accounts have now been reconciled for 2011, and the city has requested the SBOA return to conduct a final review.

As part of our process, city personnel have received updated training in the new technology overseen directly by the software vendor. The vendor continues to be onsite to provide additional training and process improvements.

Our administration has spent significant time and staff resources to address this past problem and is confident in our financial management practices going forward.”

Mayor Lloyd W. Winnecke