Legislative Joint Auditing-Counties and Municipalities
Video
Transcript
1 document
Machine transcript
May contain errors. Verify important quotations against the official video.
About transcript accuracy
- Source
- SliQ live captions
- Model
- SliQ live ASR
- Processing date
- October 2, 2026
Unknown speaker
0:15
The time ourselves the guard we know this motion all on this guide they can take care of anything. We ask you to look upon this commercial guide to have us make the right decisions to the right things and here all things that are attacked their father in the name was uses our side thank you sir the chair entertainment emotion to adopt the minutes of the june first meeting flip out second senator cole a discussion on favor say I
propose adopted review of reports mister jones all right thank you mister chair today we're going to take a look at um a letter in investigative letter on the read water department uh miswilliams is going to present that forus right now it's miss williams thank you very I would look at the end the table came i'm sorry
that's okay well i've got my business glasses only feeling it's a this will be on page three if you're beginning on page three of the synopsis this will be very brief we got a request from frank spain the ten judicial district prosecuting attorney he had some concerns and allegations that the counter breed which is south adum had not paid the wholesale water provider which is the town of tiller which is also south of dumas and so we winning and he asked
us to go in and see why read was not paying the waterview so we went in and we looked at disbursements and we determined that the city was dispersing the funds in the water department for legitimate water purposes we didn't find any instances for any of the customers were being over billed it's it was a small town it's eighty eight eighty six people but what we did find is in the first four months of two thousand and twenty two the average billing for water was six hundred thousand gallons. Then in may it jumped up for the
next five months to two point one million gallons so that the billings that they were sending over to the city had increased drastically in these couldn't afford to pay it so but in october they went back to normal usage and at in april this year read was able to to paytell the full amount and that was the concern is why they hadn't but they have now and we met with the prosecutor and told him our foundings then is far as we're concerned I think
this particular matter is closed swimming for their explanation for the different should I think I think of it somebody's doing a lot of sprinkling in that area doing some what what we found was that the leakage was where it went from taylor to the meter before it went to read and we didn't lurk and read and got that grant of six hundred thousand dollars to do some water repair or pop repair and so I think there was pop repair going because we went there. And that's that's what we were
told but we're there's no way to verify that but there in that pop repair there was public a lot of leakage and okay problems because it went right that after five months it went right deck to normal okay that sounds like good explanation thank you for your fault thank you. I'm i'm sorry sooner i'm making sure II don't have that everybody in in order.
Question I think so synergy had a question before that well now okay okay i'm sorry sooner left you you recognize I thought there was something before that we go out yes sir. Help for miss williams yes campaign yesterday love has questioned for miss will use you say that there was the spiking the bills now so did
they charge the did they charge the people for the the increased spical now we didn't actually do the work but the staff members that we sent down there the customer water bills say the same there was a there was no complaint we think everyone would have heard all of this have been passed on to the customer the customer's users would still the same and they were still being build the same amount thank you thank you thank you so any other questions for miss williams
okay is there motion to file this report for read center crowl and technical senator flipper all in favor say I pose thank you okay what will do now we're going to move to the reports we have guessed here to answer questions so the first one we're gonna look at will be the city of dover be at the top of page thirteen and this is a report with the
repeat finding and so this is this report is for the year two thousand twenty two and just to reminder city policy that we that I will read or summarize the findings that are either going to the prosking attorney your bond board or those that are repeat that have the same official so the city did not solicit competitive bids for purchases of two police vehicles costing eighty thousand three hundred fifty dollars and street department equipment costing sixty six thousand five hundred
thirty three dollars in non compliance with code a similar finding was noted in the power report may or roger lee is here to answer questions. Mayor would you like come at the end of the table introduce yourself the record. If you if you'll push that button in near your mike should come on there you get rogerly mayor of dollar the first encourage was a city
truck in twenty one we hit search for much confined any available and state I had a full time job and and still did import time they are you tell me super data and said his treasure called me one day while it was worked they said we have we located one in porch meth it's on the ground they told with the prize the price was very much at the range active last time with others we'd looked at. I instructed the treasure at check in utility supertended to
go get the truck we had had broke down so I can I claim ignorance on that I didn't know look it back obviously I should have called a special meeting past order and waived the competitive bit process I did not do that my ball second time which is a very semi story we were we were needed to police vehicles we looked everywhere in the state I do have been it didn't. Because the long drawn out process I kept the council
everybody involved well we thought we found on here it you know they didn't have it they're looking for want to post being six weeks not here we're actually processed roundabout drug now that we are eight months and and we still can't get it but just just at the circumstances. Being long drawn out I did have local beard a local quote for police vehicles but they didn't have in the two they located we're in niagara paul's new york instructed our police
our police chief as call a fair talk to their chief by church legit whatever they were like four thousand last night in the local be at however there was none their local mean I got one on the ground but it was promised to see the hotspring they did the same thing there should have backed up but due to timing and saying availability what you'll be there long there again I didn't I don't know the order. Okay appreciate your candor myer any questions for the mayor
is your mac on general are you have a question yes please okay I don't I can't I don't have a board all I have to control the mac but you recognize your thank you mister chairman so uh you know long drawn up process is no excuse for not following the law you realize that right yes so it is there's a pattern there but uh so there were were the vehicles so critical that you had to have them right then that you had to go to new york we did go and if we got
delivered but yes we had we had two that were broke with had a spare one that well it would be it was down as well we've said so. But we were i'm not going to say we were desperate desperate but we were need there was no sign of being able to of any locally or in the state becoming available a colder county judge I have a good relationship them and I said banners are what it what you thank you said if they go out of a new get i'm you better get these that we've been trying
to get some they just it was a I don't know if anybody always others have experienced that but well the county counting now that's not the idea that you discuss it any with your city council and what happened is typically going there and you say we got three minutes here to what out to the council give each other copy they make a vote the reason and and i'm looking back a proper could have done that but to two of the bands what they weren't
available yeah I had a bed but you know there was nothing there to get and and that that collect me to do my faster system I shouldn't thank you mister chairman rejected brown you're recognized thank you mister chair chair was this during um excuse me mayor was this during the like twenty twenty one era like covered in all the backup
at the ports and all that sort of stuff it was yes okay well I guess that's no excuse but I understand that the know about it will be ability then thank you so I realize you have a question you're recognized thank you schere some so mayor here's here's what I hear here's what I hear you say in the you had three beers with there was two of them there was nothing to get so you had did you I don't have
to be interested okay okay no mirrors is that you are practiced to to to put things out for beer. Or or or to get that unsolicited being typically we honest with a we call local any data different ones when we get well we put a roof on a fire apartment last year I get get three roof and companies actually for what to be adopted council joe's which bad they want to go to what I would normally have done in these cases these two cases but
I mean I had quotes but i've got one right there that were six months prior to the purchase of the place vehicles it was actually more than the ones we found in new york but III looked at him as invalid gives there was no vehicle there they didn't know when that happened also they didn't know the prize which state the same when they did you thank you no matter these being used vehicles there for no these were new okay but there was a limited
number i'm sorry I would assume that means they're subject to being purchased by some other entity so if you all didn't part on it you would have probably not gotten is representing brown ported out during covered way a lot of supplier constraints but unlike a roof which in the roof is going to go get changed and show up at your house or your building that's pretty straight forward but if it's a vehicle or something another state is getting a bit more complicated but but I want to say I
appreciate your candor and and take it responsibility and I guess you do know what curement law requires the city to do okay well any other questions for the mirror. If not cheering to emotion for the report so flipped out second with senator crowley discussion on favorite say I pose thank you mayor for come on the way down here sharing
this information with this I could go to what you could stay for it's going to be very entertaining later but will let you go functionist thank you thank you thank you johns and next report is the city of your springs and just below received over on page thirteen this is for the year two thousand twenty one we have one repeat finding in audit was not obtained for the city's water and waster water department for two thousand twenty one two
thousand twenty two thousand nineteen is required by code a similar finding was noted in the prior report may robert barry is here to answer questions may yell cancel and may recould recommend it lots of time if you all both feel and introduce yourself the record and hit the button to the light comes on your thank you so i'm butch very robert buried mayor of your springs on michael against i'm the director of finance for the
city okay thank you gentlemen you're recognising a statement well we appreciate the opportunity to come down and explain the situation that we received from the audit uh you know we do have findings here that had been repeated obviously once or twice but again we felt like we covered those in a response it's pretty well but we're more than welcome explain exactly what was going on to people because a lot of times I know it's no difficult for it you know the
exact findings in a sentence or whatever too since itself anyway we're here to answer your questions would you like to proceed in explaining what happened that mark elized the questions any committee members by their either one over. I'm the new finance director I started in the fall of last year when we got our audit for twenty twenty we had the we had the finding this first time we'd had a finding for being late on the
water sewer audit the main problem that we have is that we're using because indeed now for this to do our water audits were a small town in the pushes to the back and so we we try to get everything to them we try to work with them we went through the period of covered and that's kind of whenever they got behind on them and we've been playing catch up every since we were since the fall of last year we've been able to maintain obtain our seventeen and eighteen on it are single
audit for seventeen and eighteen and they're currently working on nineteen and twenty so we're working with them as fast as we possibly can but they are a small office out of rogers all and so that's how we we've got behind they've got behind is just been a struggle to work with all of our audits have come back fine for seventeen and eighteen we haven't had any problems but it's just getting them the paperwork that they need them to be able to audit and go forward so that's that's how we got behind I will also
interject to a blanket a major board up in missouri that very large border in the bk does the ordered up there and I reach that to the finance director of this board and said you guys may have more leverage because you have a lot more money that we do in europe a spreadsheet and see if you can push them anywhere um when I was notified finally from our finance rector we weren't getting any response from in a forevist now I reached out
myself in contact to them and immediate we're not immediately but within a week or two we were able to get a response friend. Uh cpa's however it was still like calling teeth getting them to do anything in getting them to come and recognize our town to two thousand people so we're finally I think reach a communication. I hope with them because again it's hard to to fire somebody who's already halfway in your middle of your accounting I mean that's not a
threat to them so we're trying to push them as fast as we can get these things to we need him done as fast as anybody said we're very well how long he been mayor i'm going on my third term and you're okay already any other questions.
If not the chair would entertain washington file so crawl second was in flipper and discussion questions are hold favorite say I back post thank you german for coming day appreciate included thank you very much for the action to explain everything welcome thank you mister jones who we have next we have the city of cotton plant on page fifteen there are two repeat findings the fixed asset listing was established however did not contain values acquisition dates or identification numbers for equipment in addition to fix that policy was not adopted by the given body as we required by code a similar finding was known in the previous say report
stating back to two thousand eleven the city failed to timely remit federal payroll taxes and reports for reporting periods that in back to two thousand fifteen review of r s notice is indicated and paid federal parallel taxes and penalties of one hundred fifty eight thousand dollars as of december thirty first two thousand twenty two a similar planning was noted in the previous file reports dating back to two thousand fourteen mayor clara harsh harsten brown is here to answer questions.
Okay mayor what we both introduce yourself to the record by turning your mac on at the time of the mac button and then we'll proceed yeah i'm clear hosting brown in new american plan i'm going into my second term on the first time battle back taxes when we came into this will not exist it and plus we have some another bills on the table about I have been I will be in the trial take
the what we did we could pay it right then and there we have to take up you know take a what was on a table in a way that will take this permanent less administrative that was there and we read it and had income so we found I guess it makes time coming in with that kids and about beer that what we was banned and bad then we I get really to since that panel back payroll tax of the total and review for the city guess they're in hair the manner weather there in a more appear of like a head plan to do that
what I did I ran against this second term because what I have read that made my simple promises clear up the dating claim plant and that would get why decent out at a category plan I believe that i'm a good trail to last year when everything seemed to go so I had to added that that on me that I had a no when that retail me and I didn't have any hip than it with the books I don't think I can do it keep everything straight in fancy then bad then i've been on the gas and bad they took we need a
new systems that we get a new system the wind that would do everything that the old one that they could do so that that was on a regular with after she could and they were they were left on the table and we had to go back and put the boling you in the computer before we get that on this year that the oldest behavior again though that's the rate that I really thought we would have a good out at this year because we really try to. Book keep a quick and that called our lower to add a family
one to the fielding and so out bound to get one I got a cpa to come that have spain out the books when we bought get those right but I tell you went there late they got loud issue our he would be loud better than what you will see about it and plans a lot more shame he will come up here referencing. Because when I get there that looked at the books and then see the ruth of the way back to the camp man had no head of december and that's web bank that were trying to fix piano to be allowed I paid up a whole but
have been that would be a the first will you thought in there now they got get left on the day when that is there is that we pursue that work and now those make arrangement to pay the old I took it to my council about like we did the last time I just get the pan up alone when it last member to get alone to pay his back payroll taxes so that's why I would assume I know that when we came in and we have it if they do work we
can manage the whole town to have which you also noticed. Okay may well when police drive a tired of no insurer bad apartment no insurance they don't know no issue with our heart to an establishes you also let an ever department that ahead was behind a head back a hundred sixty eight and r c I get those clear to I get about a hundred dollars bound from the board here I guess those clean up their sister have been there being one pair you have the melbourne in
that lack of train but I guess them about it now to bring uh my books up the standards and notice this you are going to be a mess because when they're about there to e- even help me even get it together and there were one for the position I read that people tell me they will hit me. Where do I with the a people of the waiting lot meal when we pull out of reservation again so air of the scene of people from their data
and as the guy true I think I think the committee members can can rely to their mind because we had pilot is for very department at world i've been aid are see everywhere where to see them can't be in a half work hard to bring cad plan back at it did we want to get in that we could get a ballot what are great we have ahead of money said with them to get the budget date that they needed that we could even work and there's that was my for again with adding coming no no
customers a budget and that came in with a zero budget I don't have a balance in the whole city so ask that from square and now we get their mirror wanted to move then there are a bad thing that we get all this matter from the mail one effect with my very check in a mirror when it back was six thousand now but the can play with just like sick bill okay now last year we got the four thousand this week we have all of the well when co would hear
in that the real new bag data twenty thousand though I couldn't care all my plan black and he has started the wind come and hit like everybody has to hit the door and let me then stranded our employees at home and behaved it doesn't when I had to get up to and face it out over two days but this theater that me if they likely pose the been noted that but we are working high down about I guess the bad hit me and I get a cpa that I had to get me also
because I couldn't do it out by myself may I want thank you for your candor and for your containing or car on this understand what it is when you step in or situation where it's clearly a mass. And you eat by progress on it course I hope that the irs is a flexible with years is is some other other creditors but I know there's their they want their money and of course it was definitely out because that's the tactics that it was taken
from a paper all of the things a single hammer you have a question for the mayor you recognize our state trainer may thanks for being here day tax located setting a table and say which said so appreciate they want them to is the irish working with you or what kind of relationship do you have with the irs and are they are they are they trying to work with you to help get this resolved now really they really haven't been paying the risk that maybe
contacted me about the amount of contact with but they know how come tax in me so now what I did I get a lot to hit me work on there and i've tried to go through my case and try to the same people out that loan that can be that we did with the previous matter where they tell me no way it took me no with his loan I just get through panel so now i'm trying to make of some kind of payment plan that i'd be round of the creditors
and to get it off the table i'm not going to probably then that I can't pay and everything and make the problems that try to keep it ok so the irs dinner contact you you actually contacted them at them about those payment okay well that's commendable thank you mayor thank you certain any other questions for the mayor saturday thank you sure mere i'm looking at this first fine
in e said that she had a new system is a new system got a gonna going to fix this this issue of the fixed assets yes yes because when they did a head on s. And they had the six asset there but then had a toll of what is each bill then was were and then have the silly enough only though now we go and begin doing the silly and them and do it all over again the letter was
supposed to do it because I don't think we would get the pictures that this the gill is showing what I see the head where we don't have no price only that when it was a body of what I would go have to start there with their well with their for I get there in the bin now about twenty years old so so your new system is going to address this fund okay are thank you thank you center any other questions for the mayor.
Mayor thank you came for coming in in congratulations on the progress you've made we don't just because there's this issue pending doesn't mean we don't appreciate therefore to challenge my to get things back on track and we we stay environment great helping out you'll you look over to your left you'll see former siner jack critcher with the municipally and hum- standard by read to help you all I know people think if they can do to help you on this thank you for
coming any other no more questions chair will entertain it motioned file share flipper second by senator crowl in discussion on favor say I pose thank you thank you again. Okay mister jones who we have now okay that concludes the reports where we have uh guess here to answer findings now that that was according to the son and she don't know for anyone is coming
in since the so is there anyone from an entity to answer questions about a repeat finding. Okay are we moved to the beginning must go back to page one of the synopsis and we'll begin with washington county it's a one report we have that has been certified to the bond board for for the years two thousand twenty one in two thousand twenty receipts issued by the tax collectors office succeeded deposits by twenty six thousand
dollars during the period january first two thousand twenty three february seventh two thousand and twenty two it appears that the office manager who resigned in february two thousand twenty two was custodian of the undeposited phones using a mobile banking app of vendor to positive six hundred ten dollars check issued from the share circuit bank account twice in two thousand twenty one the county's failure to reconcile the effective bank account resulted in the transaction not being detected timely as of report date the
county had not recovered the funds continuing at the top of page two the balances in the december thirty first two thousand twenty one in two thousand twenty commercially bank account were not completely identified in the amounts of fifty six thousand dollars in forty five thousand dollars respectively the similar finding was issued in the previous two reports expenditures from the sheriff's communication facility and equipment form were not all made but pre number check in our complaints with connect similar finding was in the previous
three port study back to two thousand seventeen this is a report that will be referred to the prosecutor tuning you turning in the bond board sheriff norway was involved and he is not here today staff would recommend deferring until he can be here cheering obtain emotion to defer these the next meeting said flipper second stone on favorite ci
thank you staff please notify the share of the. Expect seem next month all right just make a sure city for city we don't have the clerk treasure here so we would staff recommend deferring the city of four city until um the clerk treasure can be here to answer questions a motion to defer.
Motion but sooner hammered a defer second way reps away in questions all favorite say II thought thank you that was deferred as well okay all right page five will have that we have married county for the year two thousand twenty one the carrier dispersed funds telling twenty four thousand dollars without a contract for services in a parent conflict with organs are constitutional article twelve section five twelve thousand dollars was to an employee spouse for bookkeeping services for the
marine county fairboard additionally the county did not obtain an authorizing order for these payments in conflict with arkansas code. Eight thousand dollars was to the merry and senior citizen four thousand dollars to the school of new hope marine county special education center review is selected credit card transactions revealed the following deficiencies statements were not properly reconciled to ensure all charges were documented paid two thousand two hundred forty one dollars and undocumented charges
one thousand thirty three dollars in purchases for which about valid business purpose could not be substantiated these purchases consisted of t shirts personal as tumblers food purchased from grocery stores and restarts without uh overnight travel in hotel charges a similar finding was issued in the previous report this is report going to the prosecutor they didn't have repeat findings
staff would recommend following but would be happening at your questions best we can if you have them any questions for staff about a merion candy and we don't have anyone here I guess or by still up in rogers ac meeting but uh no one was about to wear yesterday thank you mister chairman so uh mission johnson the the finding of the judge's salary can you explain that
some p six top the page okay the code establishes that uh certain amount of salary can be paid certain funds and there was more paid from the solid waste that is allowable okay thank you thank you mister chairman
other questions. Sarah flipper reported clarification with chairman mister did you say that was was green can I judge environment to the meeting or and we cause I don't know like that is my district and I know that there's been there's a new judge and you know numerous qualifying would not be certainly new judge is predated his term but just will make sure if they were invited her the officials are invited whenever repeat finding and they're still in office so dancing in the forego is no longer the judge that was here during this time period is no longer in office so who who wouldn't have been invited okay sure we can do that normally no no we didn't normally know no one to explain what they're talking about makes sense thank you mister thank you the other
questions on marine county. If not cheer and entertain emotion to file sir flip out second with senator crow on favor say I pose failed by leave yes continue the reports referred to the prosecuting attorney your county for year two thousand twenty one analysis of the senation foreign accounts receive more subsidiary ledger revealed that uh december thirty first two thousand twenty one in two thousand and twenty
two a trash collection vendor twenty one thousand three hundred sixty dollars in sanitation fees that accrued in two thousand and eighteen the balance do conflicts with organ so a constitution article twelve section five which states important nocanicial appropriate money for along its credit to any corporation association institutional individual as soon we're finding was issued in the par three report stating back to two thousand eighteen there's no I guess there's the
the evidently was a change in officials because no one was embargoed from your county any questions about your account was out of dog market reserve squeaking check okay well that's what I mean I need to ring tone like okay for no questions chair in italy motion file
circle most file sir second center style favorite say II pose motion passed was there was a cacophony of knows I didn't hear that thank you all and pay or continue with the reports referred to the prosecuting attorney the town of fifty six mayor and recorded treasurer involved and they aren't here today staff would recommend deferring the report motion to defer.
Sarah crawl second search down there emotion deferred signal in favor say I posed the hit is deferred please notify ten fifty six that they need to get somebody's up here okay I guess regardless of the extras yes sir on page non city of glimwood for the year two thousand twenty one in two thousand twenty during august twenty twenty one the mayor took possession of city on a spot
millings from property and use the millings at his personal residence in the residents of a family member in august two thousand twenty two the mayor was charged with theft of property and abuse of office both classes misdemeanors as a result of a plea agreement the mayor was ordered to pay three thousand dollars in restitution to the city and four hundred ninety dollars in court found in fees must resound from the office of mayor the may not seek election to any other public office so I guess he did all that right
a yes or I think that was and he's probably not hearing there is a no sir he he was not environment is no longer made okay so I guess belowing do on this is his file looks like the prosecutor why did their job on this emotion file senator flipper second senator crowl and discussion on favor say I posed thank you continuing on page t and c ratio for the years two thousand twenty two two thousand twenty one in two thousand twenty on
march twenty third two thousand and twenty two the city initiated it an ach transaction tolling seven thousand three hundred seventy seven dollars after receiving a fictitious payment request from an email address that appeared to belong to vendor the city utilizes interpersonal discovered the air on march twenty eighth two thousand twenty two notified the city the city reported the incident. To the respected for perspective financial institutions as well as the city attorney the arkansas municipally severe can
a sheriff's office in the fbr as of report date the city had not recovered the funds no one who from a ratio I guess they weren't invited to warn but okay any questions on this particular finding this report that motion to file saying flip out second center call a discussion if not on favor say I post thank you committee
is file kensington city kinds of for the year two thousand twenty one a year of police of the police chief payroll records ville that is tom sheets were not approved any received overpayments tolling fifty six hundred dollars thirty five thousand dollars in twenty five thousand dollars in two thousand twenty three two thousand twenty two and two thousand twenty one respectively due to the following salary payments that exceeded budgeted amounts vacation leave without a policy
excess holiday compensation in our compliance with arkansas code it should be noted that the police chief was compensated it talked a half for over time hours paid within the paper worked and at the regular hourly rate for accumulated compensatory champagne at a later date upon his request with the exception of thirty hours paid at the regular rate on february sixteenth and this in the police chief was paid for five hundred twenty seven and two hundred seventy our sheet or sixty one hours of our news
convinced to return two thousand twenty two in two thousand twenty one respectively in excess of available balances and without an authorizing policy the county records for the police drug back phone maintained as a cash for an indicated that one thousand dollars thirty three hundred dollars in three thousand dollars received. And dispersed per during bars in two thousand twenty three two thousand twenty two in two thousand twenty one respectively our review of the arkansas drug directors assets seizure tracking system indicated no confiscation reports were filed
by the police department for these three years has required a code the police chief is castodian of these forms the police department discovered sees currently seized currency of sixty seven hundred dollars missing from the department evidence room on september twenty ninth two thousand twenty after conducting an investigation arkansas state police were unable to determine the individuals responsible for the missing cash and requested that the department conduct an internal investigation of the evidence room the subsequent
report issued by the department in november two thousand and twenty reveal six seized fire firearms were also missing a problem should be it should be noted that the kinds of police chief is on unpaid administrator leave while state police continues their investigation and in the early part about the tom sheets basically the police chief was increasing is by check me was collecting you know he was beginning time and half for overtime and then he was
reaching back and and getting paid for cart time and this was all basically part of uhm the in then it was authorized and so anyway that's that's the summer summary of that so at this point representing mr hung work and white and see what stay police and the prosecutor do yes or that that is great cut in their hands so assume what we need to do is hold us when over another
is it is it possible to go to file it will the the prosecutor yes we can follow that they'd be the thing that the prosecuting attorney has it in and the police chief is not in office right now basically he's he's on leave without paying. Right okay well that's good the question representative dollar yes mr chair is recognized and thank you mr chair for stay after we're kind of down here talking amongst ourselves why would we want to follow this if there's an open case going on
in case there's other evidence or other findings at me come up having we want to do the right thing but we don't want a hand curve with the state police where you're doing that was kind of our discussion we were having among ourselves if you could maybe go further into that because I agree with what you're staying on that representative i'll be we're I don't want to do you think the handicap on the other hand what we've made the referral right we we then we're are the job is follow up so our job is done I mean I don't want to say this is
all the this is that that you know and we're accepting that as the findings there may be something else I just want no clarification that's what we were discussing can you let me sure we concluded our report for that for that year if the state police were to anger or something else that would be applicable we would sure follow up on there but we've handed them the work that we've done on these this particular these particular situation and some of this was you know we were giving
you their information as well and this this particular report but uh any other information came to light we would sure put it in are two thousand twenty two report any other questions related to cancer so what is the will the
committee we we ready to file is where do you want to defer. You're recognized are just a quick question and not committee member had this question he didn't want bozy and it's welcome non committee membership they want to have a question we may not have an answer but we're going to ask the question the question that a non committee member was having those well we get a copy of the state police report when they're completed with them we don't easily distribute those but share would you like to answer that question for them shall I actually she deals with a lot of our priorities michelle actually so every year legislative we produce a report
that prosecution attorney disposition report so once kids it is complete all the information that were provided by the prosecutor and state police will be summarized into that report okay thank you machine that answered question general you're recking the world buzzing as a non committee member and I appreciate representative dobby asking the question that you're always welcome near jane I guess chairman my my concern is that and we see it so often have things like this that uh
you know we've had some others that that go to the uh prosecuting coordinator's office and we never hear anything about whether there is these guys go to jail they've done anything it's almost like we as a body don't have a have any see in what's going on I fear you're paying in and out when mentioned this in in uh our committee chairman wallace is here in center field of japan if we need this but back before
the beginning of the new year when we were kind of organizing this thing he and I did with the attorney general elect and frankly said much of what you just said general that you know we we need it's never heard from again and expressed a little bit of frustration not necessa. Sarely if a prosecutor decides not to pursue this case for that case but sometimes when it seems rather a greatest even in this universe where daily in which
you know we just heard the one about a police chief doing wrong and i'm bothers me a whole lot when law enforcement but I think that was now working with the attorney general came up with some we had some legislation that will help is it does it safe to say move their long is that a good way and feel free to recognize to just elaborate for benefit of of joe barry's question thank you miss chair sir what what we've tried to do
with the territorial it's put them in the position where they can become more involved the attorney general actually has the option now if the local prosecutor does not pursue the case the turn journal has a right to step in and do that so when we try to put more eyes on the issues that are going on in county and city government okay
chairman's at help explain kind of what the direction we're at least trying to go yes mister chairman have appreciate your commitments and it's just it's all about accountability in when these folks are invited to show up with the committee and they stand there nose to us and go go to that three or four times where finally end up having to subpoena them to come to the for committee but it just gets frustrating to see some of these things that are not resolved uh in so hopefully in the future some of the legislation that might come forward to help
mitigate some of those challenges that appreciate your time thank you mister well and thank you general one of the things that i'm in your coming up in this to moment center hammer but I look at the enforcement of the counting laws and a lot of the things in of course we're going beyond this. And not following the counting laws and a lot of things we see on this but I always compare it to you know I know that you're not stop every person at here speeding on six thirty but if you don't hear their feet take it by we drive in a hundred and I think it applies to the issues
that come before this committee and in in others have to deal with itself III just want him to you know need to hand out a few tickets of speaker we need not to mention how much money is launched from to the taxpayers that were otherwise having to make up with some other funding so it's your marks are very welcome and thank you senator hammer thank you miss share the speed for staff if you don't mind please. Uhm we've talked about and maybe I missed it when we talk about please she but also no sir other
officials in here like the district county clerk was paid as far as you report that's gone to stay police are looking at everybody in this report is that correct. And what they're being reason to leave this hung over carry this forward and have all matters been being handled a month. The sorry the the clark should have read that finding as well it was that one going to prosecuting the the overpayments for the
district court clear was that my asking machine. The. I guess my question is that the question of holding the report over. Where I can't write yes sir wheel we're the debate about whether to hold the report over burst has gone head and passed it out we we talked about please chief but there are other people that mention in here are they getting looked at equally about state police as well do you know is everybody or is there any reason to hold it over because
there's maybe some still pending on the restaurant. I don't I don't think we sent the the findings for the bathroom and town sheet yes he said he would team so cause it didn't what joseph the only two findings going to prosecute attorney in this report of the one on the police chiefs pay overpayments and the police
cheaper with the drug bathrooms though the misappropriation there so the other there must have been another reason they were they on the the salaries there was probably some other reason it was privately legitimate pay may just been a budgeting issue but finding to get the prosecutor are shortage type typefinding so sometimes finding do go the prosecutor or if they're overpaid we'll even know
it's a fraud issue so that must have been the reason on the district court clark. I'm just as a sa- when you start home at cash we had cash in the in this is evidence when it's gone it's gone it dispeers and that's really concerning to me maybe we need to start looking at some thing here and i'm not trying to sign any might or go right any bill but we've got to have more carability when you have cash
because when it disappears to just not a whole lot it can be done and and and hard to count for in any way so in I recognize that if it's involved in the drug transaction for example it is evidence and that those particular you know a hundred dollar bills are important to have but uh it's also you see an awful our money slipping through the cracks when you've got it at their incase you come in on their situation center handle we're checking into the finding to see why we just decided not to see that the prosecutor but
yes the cash bonds they are definitely more seceptible the theft so may I am assure four please what's restitution made for the overpayment am I interpreting that right when it comes to the finding of the recorder and the treasure was restitution made back to the city for of repayment or unauthorized acting in an unarthritism where you were checking on the details that joe is looking into our work papers right now and i'll have an answer okay they must
share i'd be commotion to hold this over till next month so we get the attract promotion second message role in discussion on favor say I post it will be held over thank you city may fire for the year two thousand twenty two the city notified legislative audit that eight thousand eight hundred fifty dollars was paid to business owned by a member of the plane commission without an authorizing ordinance.
This transaction appears to conflict with the arkansas code fourteen forty two one oh seven that was on page eleventh the bottom page of my function and this is a fine that be referred to the prosecutory because it deals with the ethics section of the law look at any it uh was reported yes and who works but as a the city borrowed to our attention before we found it was at in twenty twenty three twenty
twenty fourth or twenty twenty there there is an environment we had been doing the clarified twenty twenty three years okay thank you. So we we just need do we need you anything on there well this is we usually file those reports to be in the prosecutor's hands that finding okay what's over we have no action by the committee at this point those they are we really like it when you come to us and say me a copper before it shows up and
all it because it it shows good faith on part of the carrying this ball so so we do like we do but we the staffs as we do need the motion to file sooner for both second by saying a discussion there all in favor of say I posed thank you on the next page the city of portland for the years two thousand and twenty two and two thousand twenty one in two thousand twenty two the city dispersed three thousand dollars to the port when food pantry
without a contract for services in the parent conflict with arkansas constitution oracle twelve section five again this is this is going to the the prosecutor because of that reference to the constitution what we just dear aside here though she is so wrong its committee of although we see this aligned I mean an awful lot in its it's uh uh I hate to pick all my friends senator creature back there but
but since he's back in state so II always deferred him on thanks jack when the minutes believe is training new city officials uh do you all emphasise this to them that look you can do these things which you got to have an ordinance you gotta have a something official and action that that justifies it because the constitution demands it is that part of the normal curriculum sort of speak he said areas and you don't have
to come the microphone but but at this one reemphasis that he could remind these new officials coming in because a lot of them. When we we've heard of is is house should that say it's in the constitution but we had one come through last last year that uh uh the more than one city or carry had given money that dolly part and imagination library in helping kids read and that's a noble thing i'm glad but we need a contract and just
we want to make it a point of emphasis for candidates because it's the their cost at least you're constantly coming through we just need a better educate the uh local officials out there so thank you sir creature which was next we found a portland to emotional portland I don't think we did sir on on city portland is there is there a motion okay give more it's in your
district so we want it in the second flip of any discussion on favor say I post thank you how are you the next city of tower for the year two thousand twenty two on april twenty first two thousand and twenty two the council agreed to pay for repairs to a house rented by the police chief but not owned by the city in turn the landlord agreed to allow the police chief to make renewal payments to the city during two thousand twenty two the city paid two thousand
seventy one dollars for repairs to the house and the chief paid six hundred eleven dollars to the city for renewal payments and apparent conflict with arkansas constitutional twelve section file according to city officials the landlord agreed to reimburse the city for any reasonable repairs however as of july twelfth two thousand and twenty three the city had received no reimbursements that's a little complicated to could you could you have to go
through that lane again who paid who for what and I mean II just want to give it straight my mind for we. The police chief rented a house from a a landlord in the city and somehow the council agreed to pay for the renovation renovations to the house the rated proper owned by a private and so what the landlord agreed was to let the instead of paying the police she play in the landlord the people police chief paid the city must to recover those costs where you can't do
that even if you pay back every penny because that's bicycle in the city loan make lowering its its so yeah yeah all right but it's clearly violation but there was no money lost in it but well that you can't do things there there is about there's about fourteen hundred dollars is still trying to recover okay alright uh. So when we can file that one yes the proscure is your motion to file a service down second receiver
crowl in discussion on favor ci I post okay already all right we're going to move to um page sixteen the bottom page I excuse me also to yes it is paid sixteen with the top page sixteen these are reports with findings uh after this not we receive this a synopsis we received a response for the joint water ensure department for the year two thousand twenty
one so staff would recommend following that report is a motion to file john or senator crowl is a second sir flip value on a second that we have second i'll pay your say II post thank you for all the one on charner are we have two reports for the portland water and sewer department without a response one was for the year two thousand twenty one in one was the year two thousand eighteen
my memory serves me correctly two thousand twenty two thousand nineteen didn't have any findings but the one finding that was in both of those reports we don't have a response for staff would recommend deferring those reports until we get a response. So motion to defer share crawl
seconds flipper i'll pay received post we will defer that it was two of those important right to those and we the washington water department for the year two thousand twenty we have a finding of that response against would recommend deferring until we receive a response motion to defer center crawl second sin flipper all favorite sa pose is deferred all right on pages sixteen through twenty nine we have forty three reports responses
that we consider to be adequate responses staff would be happy to answer questions if uh or release try to answer questions if if no question if if we could him can you just read the city or or k that's involved water department this involved just so we have a law and then I would entertain emotion to batch those into to exit you made a read each of the into these just just everyone want to look at that that's i'm looking at this right on the
summary that's number thirty seven through december twenty three i'm sorry number twenty yeah started on the previous twenty three sixty two twenty three sixty two want to give everybody a moment or two to to look at numbers twenty three sixty two if we need the pool anyone our our discuss any particular one will do that otherwise we can do that as a batch can we not yes that's pages sixteen through twenty nine
weeks after the uh. Period. Replacement area thank you mister chair just a question for staff on the very first one on the city of england there's so substantial amount of money that's been mistaken of two hundred and eighty three thousand dollars two hundred and seventy seven thousand dollars two hundred and ninety one thousand dollars is this minute
it says due to posting errors is that money there and they just put it in the wrong yes yes mayor those are mistakes in recording financial transactions so there's no money missing no matter thank you that i'll be very good question there's numbers can't job better actually don't yeah anybody spending the others in that group that we need to look at more carefully center hammer he recommend the
forced city one where it says it's under insured under collateralized clatter that were deposits totalling four point two million which what's the corrective action on something like that what pages then on seventeen seventeen okay use couple a couple of things one is sometimes a bank will put
clarity for that through that money and then sometimes the the inc will be spinning that money down in the next few days there may be a reason that their balance is there how but uh a lot of times the right answer is either they need to get it collateralized or they need to deposit it in different banks so that their fdrc insurance covers it could be slowing at half a minute
my two or fifty two fifty two and there's some rules about that I mean. The snarch the straight to fifty but yes generally that's the outcome so shows all that money said in one bank then that what you're saying I would have to do some check and that was a protot that was a private auditor and so I don't have the response in front of me somewhere we we do have a copy that responds in our records and I could s- well I
could look at their in in see what they said and get back to if you know that we could thank you no reason to hold that inside okay thank you sir yeah I have a question i'd like to go back to city of england on pay sixteen the bottom of says an alteration withdrawal of forty six hundred dollars can you expand on their little bit please. Yeah. Yes this that we've been having this this is a fraud we've been having basically from outside
the city so more in captured the cities are routing number and bank account number and they create a check and went to the bank and deposit it am when the city did the reconciliation they caught it in the bank restored the money and so this like said this this fall was outside was in a city employee moment for we could tell it would probably something it's been we've had been having these findings significantly for a couple of
years as I was the bank just had the money then they've they recovered it one in the two ways you'll see planning to sometimes work the city does not reconcile quick enough and they don't catch it quick enough the city loses their money okay thank you any other questions on the those in this batch. Okay then chair when entertain emotion to her except reports follow the reports on this ones in this batch made by center
gill more in second beside the flip in discussion on favorite si I pose thank you on pages thirty three thirty five we have one hundred thirty four reports with no findings staff would recommend following those reports motion for senator gilmore to file second bass and flip out in discussion on favorite say II pose thank you committee.
And now we get to the less routine part of court letters would you please let's know about yell county we uh the district quarter counting law allows a courts to. I asked legislative audit for an exemption for from certain portions that law if their accounting controls and procedures uh equal or exceed those in the law and this is
it's been a while since we've done these but the yell county district corpsed in the johnson county district court asked for some for exemptions firm certain section of the law in in the letter you're gonna see which law is exempted in what the alternative procedure were controls that the the court will do in in its place and staff is coming to you to ask for you to approve these letters and these
exemptions for these courts so this is for both your county and I mean you can enjoy some that yes there's a letter for each of those in in your sisters yell carry district court and then the district court within the seventh judicial district of charts and care he reason to do these separately not unless there's questions or there's one you would don't want to grant them that's the case the chair will entertain a motion to
approve the request by both of these courts so move senator crowl second message flip out any discussion or questions this is a little bit unusual someone make sure you want any questions uh represent the appealing to your all cool with this separate he give me thumbs up okay uh from that case then we will call for vote on favor say II posed thank you commit now I have learned this morning that
I had a me the correct pronunciation is jeep is that correct server flipper uh sir what will you need to be recognized for this or a representative painter or. We would would you please go in the table center for a point in bring your constitution represent pay or anybody else she need down there will my chrome will make room for everyone there's a future i'll sit on
this side against you okay sooner to johnson asked me to give a brief summary the executive committee as staff to answer a few questions referring to this discussion and they also refer this discussion to this standing committee and so obviously this is regarding the g volunteer fire department forton county residents passed a sales tax in two thousand two
thousand two that required the funds to be distributed equally to this to eleven different volunteer fire departments within the county in we took a look in according to the state treasure's office from two thousand eighteen through may of two thousand twenty three the volunteer fire apart received two hundred forty one thousand seven hundred and seventy three dollars the department currently
does not receive any active thirty three phones and receive no grants or aids from or aid from the county and it also has over three hundred thousand dollars in a bank account as of may thirty first two thousand and twenty three the executive committee invited four guests mister macs rebort mister tim adams and misses hewitt and mister ed clifford preferred a spoke with mister schrey he
called and he's now we're the man who lives near the missouri border he's not going to be here today mister adams is a former chief you now live as a missouri. Our on vacations somewhere and he's not going to be here today either and I know representative painter is the one who brought this to the executive committee and I know I think he incentive to flip out we're going to leave the discussion from here sir flip on recognized along with representative painter
electron pest representative painter because he's kind of been running lead on this and assist were necessary but before we go with one letter guess introduced themselves for the record my neighbors that were clevered I am the president of the new border director is reject fire department okay thank you mister man and I am secretary treasure of the new board okay thank you thank you mister chair committee want to point out again issues that we're going to talk about
was with the old board these are the current new boards that II do want to stress they have put in hours hours of work for the last several months to get this far department back to square one and so at the end of the day what we have is we have a bird fire apartment that's not providing a service. Out of the last at a twenty twenty to twenty twenty three there was over seventy five calls out of that fire district only two were responded to
there is not a by the by the fire apartment by two pi- by one individual could you repeat that there are over seventy five calls twenty three and only two were responded to during that time by one member of the g volunteer fire department okay that individuals not here and so I have a breakdown of of those calls being responded by other apartments which at the end of the day if you've been a volunteer for apart firefighter like I have the longer it takes for another department to get to
their unit get their stuff put somebody else's life in line so this all started for me at least at the end of march I had several constituents calling me in saying hey steps and we are paying attacks for a fire department but we're not getting any service I was in a car accident in biola hancov had to come rescue me not the jeep fire department that is three minutes up the road a bit out here waiting for
someone for forty five minutes after I called so after many constituent I think probably around fifteen constituents which in jeep arkansas you've ever what that up that's quite a few out there so miss sarah in mister clifford have also visited with me over the last few months in residents we're getting tired of not having a fire department responding to calls so several weeks ago they took matters into their own hands in elected a new board
they elected folks that wanted to get involved in get their fire department back to square one so they did that they got elected by the people and so we're here today to just ask the committee. The please have this department audited so this department knows that they're the funds that are there they could start on a fresh piece of music and provide the services for the g presidents and believe it or not there was over two hundred and some people
at the jeep fire department to put in a cast their vote for a new board and so I appreciate that so for the power you have some day yes yes or thank you mister chairman and you know just to make you know members aware of the committee where I did speak to the uh bank president being a salem further than saturday and that is the account that through her plus thousand dollars is sitting in this bank it is my understanding in the gear I don't pretend to know
every single detail but I don't know if the previous board had adopted any bill all the updated anything in quite sometimes so there are some concert with the big president on that the he shouldn't make that there's not been any you know misproperations of moneys or anything they have uh expenditure money out of that account since the new board was elected but that's just for utilities and you know thanks very much for the very nominal amount you know overall but what he said is like in this is where I could use where staff
are working off one on this we see to give them a letter although that be from legal it from the ag's office or what state into but just saying that yes go ahead and transfer this money into this new banking account and then making sure that we have done the due deligence and can though the item crossed so moving forward whatever it's by laws or anything else that we have a process in place there was new board members come on we don't have to go off and open up a new account every time or this so this is just seems ridiculous that we're to go through all this but we are we are so I think right now to kind of
really get this thing forward is to get this three hundred twenty thousand dollars to transfer it over to this new account and I don't believe based upon what I know in the conversations i've heard that there has been any uhm misappropriations or little on the best way of money. You know an area that size of jeeps in entertainment of one thousand dollars and volunteer for apartment that's pretty significant amount of money so all that the bank president said is like you know wouldn't get a letter from some you know where agency heard of little rock or let's leg audit or the ages office or something just have to say in that you are need to go ahead and transfer this
money into this new account so I can work with who already need to offline and kind of facilitate that one would represent a painter uhm since i'm not sure this committee he has and i'll prefer to staff partially has just dictioned to to put say all of that but perhaps if there is a a request by the new board then we could get some kind of a finding from the attorney general or someone it would give the the bank the
most don't say some this all of paper to cover their rear ends on the transfer because this this can't be unprecedented where you have honey boards come in for a public entity and and there's got to be a way to do that or we then mister chairman and II could agree more that's just a year just got up to the film numbers in on you know conversation I had just about an hour ago with the big president there and just want make sure everybody's come away of what representative and I both know uhm i'm not sure exactly what that is you know you know how to go about getting that letter for
what agency but I know that we're going to figure that out and and get that done in an accent experience mayor this might be something in since center while this is sitting right next to you perhaps this there should could should be emotional tomorrow for our committee meeting in that I think we're a plan if I was kind of thinking as so why I was that we actually by motion of the committee request that the attorney
general provide assistance to for this board to assume the rain so to speak in uh very wand is there any other discussion about their. In the fire is that kind of where you want to go on that you recognize somebody's get to me mikes on dragonly here you go thank you miss chair would the executive committee that make
this decision on whether this would be audited that's usually the practice if we are going to do some extra procedures or something beyond a report beyond what we usually do that request goes to the executive committee i'm thinking yes we wouldn't send a letter we have no authority to tell you someone what to do so speak or reporting instead we be requesting entity in this case I guess not ordering but we're not
we don't tell the council officer what do but we could request that they provide this guidance to financial institutions that note that this is has been done with the painter you're recognized and thank you mister chair and I could tell you that you know this board and and working with them has gone back to a believe it to two thousand and eight uh with the secretary states office that nothing has been filed with the secretary of state's office for this volunteer fire department so they got all that
in compliance were working with the IRS because that issue with the fired apartment so and I could tell you the attorney general's office is very aware of this issue because I have worn out their phone okay sergio more yeah I just have a question what was the last time and added was done of this fire department do we know or does it even exist mister i'll and answer your
question they have not ever been audited because it is a volunteer to offer department and there are no guidelines. There should be but there's not at this time thank you very good point thank you my and for that that's our work you'll always cut out for century I just want to make sure sarah while she recognized thank you mister chair and I have a question of the other staff we could take this back to the executive committee but that's a
month out that's what I was saying to be good could this come in just not send it to the committee in the for tomorrow and that would say was a math or maybe that's not the right step procedure i'm not sure it's a question is there any reason if you don't why we couldn't take that up it tomorrow morning's meeting in and take the action that senator was just I don't know of it now I am not one of the staff attorneys are but uh where is your judge area when
you need him to be around we will will clear that with if everyone's concerned I mean they won't agrees how no it would be good just like a sort of person is true
to chairman seven hundred we confirmed with staff and we don't like there's any probation of of that happening mister chairman for tomorrow when we brought go in the full committee but there is separate from what we do related to recommending more has it just for a point of clarification has this gone through the executive committee already or no no this is not a crack that that's all yeah as if a candidate of opening but allow this is.
Make sure the folks appear get some fire protection so we're we're trying to have i'm grateful to the new board members in representative payer and chair flip while bringing this forward and we are kind of feeling away along in the dark so to bear with us but we want to at least give it make the request officially to the age to authorize the the maybe put in the hands of the people that have now had the responsibility to deal with serious wireless mission chair with a leslie
we can pretty much do if I will be more to as long as we have the majority of vote if if this if this committee will pass it up tomorrow we can vote on it tomorrow and they all save us a month okay do we want our recognition to give more I think you're hit in the right direction i'm always turning lace and i'm happy to offer that motion to refer to for committee
to the full committee that think well that all works it will now second at least a proper motion is any discussion gear where I guess if it's appropriate for me to to say this when we have motion on the table but it just kind of like nashed for discuss thank you mister chairman so it proposals me that uh you know these volunteer part of purpose are getting state resources in form of grants in the collecting
the getting taxes in the step may be will answer this so we don't have any policies the procedures in place to require them to have an audit that they're getting even though they're getting state resources those volunteer fire departments that are tad administratives we we are at those their records those that are not tad in minister we don't add those those departments. It just just seems that if they're getting stake money they should be audited
at times we do uhm investigative reports when there are fraud and a proskin attorney assessor to go into the in into those but that's just that hasn't been our practice to to audit those volunteer for our departments not connected to miss thank you mister chairman I think we'd have a lot less broad in situations like that if we did have more audits okay thank you thank you sir for I think it was chairman and just a poor clarification I don't believe that the uh deep author of our parliament has been taken in the state or per
or money no turn back money you know in the last ten plus years or since two thousand six or seven but they have been you know carries a fortnight county as past years ago our county white sales tax to be distributed among all the the power departments in fort and county and so that's really been and there's a hand off members you know you know we know in your packets showing a letter from former forty sheriff outlined all the the the call for for fire services over the last three
years and it gives a breakdown of world's calls you know what department respond to that and you can see it's the surrounding fire departments that respond to the majority of those calls with the exception of two uhm but if you want to come in the you know on the new board if you look at the cover sheet the cannot just go through the things that they've already done in the last month to try to start you know right you know writing the ship here down in the eyes across in the teas and so they are to be committed to that but they have already hired and we get this right is it four five new forevers or not
hire but you've gotten yet five and so but for new equipment and what not is about three thousand dollars each and so that's kind of the the the one of the several reasons that we can even get this expedited again I don't know that I have a companies that the former board was doing any gonna regular financial statements so I think that when we get the the. You know things clear up with the bank asalem and we have the money transferred to the new account and we can get bank statements going back for the last time fifteen years that that's kind of what we're gonna have to do to see exactly we're
all that money went again at this time I have no reason to believe that you know there was any uhm in beslan or you know personal use of those funds there something the money was getting spent and services were getting you know being provided and equipment wasn't being kept up or replaced or any of that because you know why do it because you're not providing services and so in all that I do think there is there may be really need for us to do it all at moving forward once we start to have information with this bank account but at the time I don't know I don't know if that's
where we are at this current moment but I just do what I kind of just for members understanding if you look at the the hand out here it does kind of represent what the boards you know the the steps you've taken and you know where the hours of today and getting new far partners in there trying to get the equipment and get you know get this reported up and running I think it's very important for the the folks and it's far district so with that or your representative representative mayor I had
singer stone in the customer let me recognize him center yes i'd like to circle back to the rule county departments not the inaugurated electronics do you the different connected to the municipality they're not being already became in desktop a matter of law or wildly not be in order to guess lot of reasons probably stay after some degree and know that we we've never done that and my thirty four years with legislative audit
so I think just cause we haven't seen we might not start to solve senator hammer raises more recognizing moments there but but I want to mister jones to complete this. If we do inceptive and precedent i'm not in that show against that but I want us to come and know from went we came and from where we are I guess one what i'm asking is our day example if they're not examined and you have done it while they be in all the time in the family
manner for zero code does not require them to have an art i'm not sure how many volunteer fire departments there are crossed the state so you know i'm not insured what the work load would be I think could be rather large and in the first time through would be somewhat difficult because there's probably not records and a lot of the region and the pick my curosion are there other institutions in our state the regarding tax dollars that
aren't being an alternative for the record I i'm sure there are uhm i'm sorry has that how do we determine that what you mean what is audited and what is narrows will on this are to me that summer be inhaled accountable market are being given to the let me let me throw something the insider because I agree with which direction you're headed but but you I have
i'm served by volunteer fire department that's and we'll stay quite large it might be on the biggest in the stay it's well organized to have a achieve assistant chief some other officers that are very competent uh the wife of the assistant chief is an attorney who you know it works in it but the point is there that they do their stuff right there very well organized and in many cases more organized in some mean it's what departments on the other
hand either round here for our department since more isolated community is very small relatedly the the annual fish friend is their budget they are not they don't have professional accounting person. And there are certainly in two american spirit they got together and formed the copenhagen could put out fires in the neighborhood so well i'm trying to say is you've got him that ran the whole gambit between you know the very large volunteer departments some of
them might even have a paid chief for assistant chief and those that are pretty much ad hocker just the neighbors ring the real night they show up in fact far so I don't know that we shouldn't have some kind of statutory definition and end therefore response responsibility to account for them public funds anyway but I guess what we're we're learning from staff is at this point there's nothing that requires that in
that might be something to have wanted we're interested. There is declared through through state code well just point to clarification mister chair I i'm service by volunteer department and they do a great work and we are fortunate I have never had a fire personally but I know other people are in a community to pattern and i've responded to responded wail but I also understand human nature sometimes mistakes remain
sometimes we have failed for misappropriation to find scott we've looked at no more examples just today who wants to move would come up here we just look at in this examples so would that be and say it if they're receiving state bonds we may need a consider to do it spot outage just make no one make sure that no one's above being just double checking just to make sure I understand the volunteers and I appreciate everything that they do but would that be a sad we still have a responsibility to make sure that our tax dollar could
be a speaking water lastly not being misappropriate and need misappropriate in any way thank you I agree with that term for a recognized uh coach here where I want to have step you mentioned the fact that in this particular case we have allowed her department that received a county while it sales tax dollars so would that fall under the fulton county or it that was done for for the carrier as opposed to
the individual department or any other similarly situation volunteer department will we will confirm that can you watch sales tax in the full and county I was so we'll know you will confirm that the county financial records and on their statements and we'll see that it's distributed to those volunteer for but beyond the distribution to those is there any accounting review of what happens at that after that no not okay well maybe that's where we need to start looking.
A representative right coach recognize thank you thank you mister limited this mister johnson I need a little hair upon this one with you it seems like this has come up before of outside the city limits in mister jones are we not limited with their mouth folks that are actually within order to process that we actually have enough folks to do this work property we have a limited staff that is
that is correct and the staff that works on cities in counties also works on educational institutions so you know there's not every day is that match not here to each of their quote met mad think is not here and it's the question but I think it's two hundred and forty school districts plus four hundred and sixty cities approximately plus seventy five counties plus the brushing attorneys and we have about a hundred and sixty of our staff that's dedicated to that
so I don't know if that answers your question thank you mister chairman of there was a believe that representative is giving me the recognition thank you mister chair soon the floor represent painter now are you all asking this as a one time basis to all it right now yes sir and because II look for it for not doing this then
you're going to see my pin get to work the change there okay but my my question would be there most volunteer fire departments go out and get a private firm in which to do an art so if you were going to the you're going to do an outage on a regular basis I understand from this point forward correct one why would you not go ahead and contract with them with the accompany right now to do the audit now. And do it in the future first thing is they would have money to pay an auto with and they don't have any money to to I
mean that the first time is again that the three hundred thousand dollars three hundred and twenty thousand approximately transferred from the the the old account with the old board of signatures on there to the new one and what they have those funds I think that's even beginning that process but uhm again I think they're gonna be looking through years of bank statements and might be something that we are the civilian and trump study proposal because I think that's something we need you can walk through on the you know a lot of the details of this and see what the best way to
have some kind of oversight here but I did look at this hand out they haven't been receiving at eight thirty three money since two thousand and six I don't know how many volunteer power departments in my district this is the first whatever heard of you know wasn't going to all the more that they could get for very legitimate reasons so they're not receiving act eight thirty three money they're not applies I don't meet certain criteria which every volunteer apartment in my district i'm aware is currently receiving it it's not that difficult to receive active thirty three correct and so if you're not
that sources of lack of complete okay that the question mr chair well okay and that's where we are members represent ubank's has pointed out that we have a motion i'm not sure the motion includes all
of the things we are discussing here the motion has do with the recommending tomorrow the full committee uh requests that the attorney general assist the more just say near uh chief uh board to be able to access the funds that are set aside for the. The fire department now if if it's okay if the community advantage to dispose of that particular motion but not in the discussion of this because we're
getting in some areas I think we need to get into but with the uh uh since we do have emotion and the second i'm going to ask that we pet vote on that motion then we'll move back to the other religion issues so with since we have any questions before I call for the vote representative dollars I just want to make sure I understand what the motion is that we're going to send this to the full audit tomorrow for
a discussion in a vote to. Have the attorney general assist them to request the attorney general to assist in in in accessing the the infect we've got a more common question finds that they should be entitled to but there's no clear delineation of transfer in other words there's nobody there to sign off on assigning this the signature cards to the new
board as opposed to the to the one that went away is that pretty well right so in your football year service chairman and they're like the the more as the the biggest currently we're unaware like of any current bill alls or anything for this far department and so there's just I just again I think it's very obvious that they're a lot of record keeping and on a number different friends is fair to say that what we're really doing here is asking the AG to clarify that it would give some cover to the bank to allowing that
transaction the move for that is a very accurate characterization mister chairman I don't know that it's necessary that that that this committee you know you know we'll accept the two years all of us I don't think with a bad day to have a a process here that the legislator branching all has done an audit and looked into this matter and that we will grow up the ag's office to issue an opinion or give some direction on you know how they should proceed with access and i'm not sure to go quite that far but let's let's deal with this back it in the backside of pieces I think the motion pending will be the first
by we can get through any did you have something else in this time before we vote on that portion of the motion I think we have multiple multiple conversations going on at the desk move from meeting consideration on the motion to send we will we will vote this is a motion to refer to the full committee tomorrow to have a recommend a request to the attorney general to assist the uh chief volunteer fire department new board in a uh. Accessing the functions that in
since there's a motion for me consideration one call for well on favor say I opposed okay the as have it we will move forward now we have other discussion on the the basically the issue of audit should these be out and i'm not sure we can recently resolve that today but we certainly I will continue with discussion if we can figure this out if so is there any any other discussion on the other pending issues whether
the this could be referred back to executive committee on her proceed or it could be uh uh there could be some other move made by the subcommittee any I see the smart lawyers are speaking so almost feel like our just wait till they finish it with when they they tell us what's going on in there uh representative marks in
representative gas way we white patiently feeling resolve all this force on that point of gaza do you have something you could share with the committee I suppose and i'm not exactly sure helpful I just give you my opinion so take it for what's worth but I found the bank i'm
probably not going to release any funds without a court order and I think in attorney general's opinion is nice but ultimately typically when you get into these types of situations what you need is a court order I don't know who needs to bring the action it probably be you know for declaratory judgment are just asking the court to uh you know review the situation and declare that these finds can be releas. East and the fines may have to be deposited in the registrate the court until it can be decided what's going to happen with them adopt
I mean and that may be what the attorney general ultimately advises but if i'm the bank or if i'm even this new board that's been constituted with the old board having to me it seemed like the appropriate forum to get all this worked out is core probably circuit court but that's just my opinion take that for what it's worth and that may ultimately be what AG o pounds if we want to send to the AG to get that opinion may in the maybe we'll have a different opinion to me
but those are just my thoughts about it take the words thank you representing gets away sarah gilmore yeah and long those same lines represent yes way I do think that you're not entirely wrong in certainly not questioning your legal price by any means as a non lawyer myself but II do do think there's a mechanism for the state to receive these fines and I think hold them until they can be dispensed with and I think the age office potentially could
help with that process now I don't know all the ins and outs obviously I already stated my limited knowledge of the law but I do think that there is banks have the ability to transfer fines in basement at the state hold those foreigns until they can be dispensed with you so we pretty payer this is to represent gas way through the chair so i'm not a lawyer but when you encounter government when they have a new judge or new assessor or something is it typical for them
to have to go to court to get new those new authorisers to put on those accounts uhm because to me in a simple mind that's what this is really at the end of the day is what it is it's changing authorized signatures from one account to the other is it similar is this just a different. Well and my recognizers you are recognized per plan against thank you what and i'm just student from the heart here so once again that you know county government
is a little bit different because you just you have an office and it's just a different person occupying in office and the accounts follow with the county government but here you're talking about a volunteer fire department is made up of a board of directors which is it's own unique entity and now they have new board of directors and the bank's policy may be that if it's the same legal entity then they just as you say need new author uh signatures part of that is just conversations that need to occur with the bank but i'm just thinking about if i'm
in the bank's position I would be somewhat it especially if it's a dip I don't know if this is a different entity and maybe I missed that part of the discussion this is the same entity this is the first board of directors that they've ever had at least the the two previous gentleman just put their names on is this a is is it corporation that's been formed of some time yes okay like a a non profit barrel when you see something yes I get all of that paperwork okay in I believe they had a meeting
representative gazaway with members of the area who saw the here I guess had a vote and have a permit of that meeting is that correct that might help it's and I think all of that's good I think the but the issue is as this money you're sitting in a bank account that this entity doesn't have access to because this is a newly formantity nearly formed entity in a newly constituted board of directors who have not not newly constituted
just a new border directors the entity was bormed back in nineteen ninety eight but it has not been current since two thousand eight ring up some very good points replacement gas way II think that. But we're looking at is that there there's a lot of questions about the status of the entity then they went to the secretary state's office in a cleaned up their annual report and and got in good standing is minus to put the but the question is I think
you your point is well taken if I am the bank of circle net by what do I need to feel comfortable turning at los and issues duly said a court order would cover that but how it is initiated i'm not quite sure either but uh their may be some president that the age office could look at that would guide all of us especially this new board and in the people are player north arkansas too to do
it properly representative dolby well I voted no and I think we're probably that on the motion that we've already voted to take along that layer but you go here and I voted no in the reason why I voted no is because I see this is the entities issue and they got legal council and they've set it up and they in representing melics and I were having this discussion in the wind drove representative gas way into it there this is not something for us to be doing this is something that
they could do on on their own get it started up there in that particular county with that circuit judge or that court system and have them do it the reason why I voted no and it just seems like the we're inserting ourselves into a matter that the they've got their entity they have a newly constituted board they could pass their resolutions and their minutes that these are the signatories on it and then do do that and that is the reason why I voted no but I wanted to move
to the next question because you've already ruled on the previous motion so we can't really debate it again my my next issue with the audit. Is it in till the me interrupt you represent the only thing we voted down was to ought to to option it the full committee to ask for the assistance of the ag which might be to the advice that both you've said in in representative as a way of said
that other words high children go out motion in court and get judged rule on it and that may they will be where we are so I don't think anything achieved who are bring up the wood would be a counter today and want to go too far field normally my understand what exactly what you say you know and expeditiously as possible and I appreciate you here's moving to the next issue seeing that we were moving to would be an awesome the request for an
auto it appears to me that there is nothing for us to do until the court has decided that this is the governing entity this newly formed board and and then they have money and the end there there could be that part done but it seems like now that's sure free mature it is premature I agree with you who's even recognizing it and that seems to be their first yes
being recognized but that's my two cents we'll appreciate and I want to take it step further it it's becoming a little more clear to me that while seried up with the amount he can't use the term it might not be a proper term use mister jones but especially a lot it might be something we want to authorize maybe but I don't think we have all that information today to make that decision and so would the committee be interested in some of of
after we deal with this and for comment tomorrow and. Probably bring the ag and then say how what you guys need to do is x and they can do that over the next two three weeks and if we need once we come back next month and perhaps we can take up the bigger issue of that just the authorized especial audit in this case in the utilized our staff time or even legislation that would require this I think that center stones come each were
appropriate that you know you get these entities they get this state money they get local sales tax money there needs to be some carability in in uh the level of that and in what brings you up to the level is around here department where you must comply with some of the paperwork things that we require that may be something that requires feature legislation I don't know but uh I would think it probably would and we need to sit some parameters it's canada that can
be between an incorporate town in a city the second class and see first quest we've got different sites of rules for some of those and we may need to break our volunteer fire department groups in the some canada services so it we are at trying to they have a job to do it's not just about the physical part it's about getting out there in saving people's property in last but but let's down over burden of regulation on the other hand I think so you're standard very correct yes there should be a cat bill day on that so with that uh
and i'm on deferred to uh singer wallace on this but I can we concentrate this moment on what else we need to do on this issue today and recognize that some of this needs to be perhaps looked at in more depth and another me sarah wallace miss chair I think that's appropriate to do plus we need to get more feedback from our staff yes sir so I think that's a good decision so there's there any other. Action we need to do other than
what we've asked the full committee to in effect asked for help tomorrow asking the ag to help so we can go from there as any other and promise both center hammering and are you okay okay okay bush center hammer you have question that was sharing this is going to be to the board if that's okay it's a quick one. So general what your current so rating is
yes her we are nine OK i'm sorry to hear that but i'm glad to hear that because if you got seventy five calls which only to responded to you if it many things lower than that i'd been concerned about the process by which you got your nine and so i'll talk with you privately in and I appreciate it thank you thank you center hammer representative right thank you miss chairman representative jail
representative the other way
he'll set replacement. Uh issue county court order on that would make the bank feel comfortable I don't know i'm confident that a circuit court order would work and but it could be that a county court order would work I don't without doing some research I would while I love these cans of technical questions and make their car fine i'm trying to get these folks get the right so they can go out and do their job so the one that's most expedition since the one i'm for
but I leave these candidate issues because we know that carry judges are constitutional officers and that they do have you mentioned up to the right and certain cases to issue in order from the car court so again that's why we're going to ask the attorney general office with their tremendous huge staff and soon moving to a new building that they can they can help us with the others yesterday thank you for chairman you know james here here's what you run into any term that you have a no far department
volunteer fire for that Rule in hers for a rule we went through this before so you would think that that same batch of boring could take care of this situation with and that's the idea of our previous motion that passed with two get the ages help in in putting some greece on the skids and get this done as expedition as possible
I think we've made it but sir for this in our chime here this is the new development as being going on for every two decade or you know at least fifteen years I don't know all the end of the house but a lot of this is just local politics relationships and just you know this and this is why we want to bring it to I got it to cut through all this stuff because you know again the comport would be and what though we buy i'm not just looking to fix blame our state this is a lot of different service stances here but your point in the
meantime that over three thousand dollars sit in an account doing nothing in the the intent of the self tax passed by the people of what and county was that be distributed amongst these they are these far departments and circuits are being provided so the power department's responding from you know ten plus mountains further down the road to these areas and you are there's a people freshman with the government i'm not discussed could there be a judge or an attorney because it was like it's very simple this is it right and I don't you know again I don't know who is going to sue over you know because
this not going to court a lot of bank to treasure these force I don't see that person who sit down say I will take this to court I mean this is this is and again I think representative dollar and gathway out of their opinion there are much better than your minds of mine but the public opinion which i'll give you well for certain court judgers take legislature whatever this thing passed on a snip test for anybody else in the bomb in nation and representative and I got a at just like all of our colleagues a huge responsibility back instituents to make sure
the danger operating between the line services are being provided in text al. Being used the way there to be used and again I mean it clearly says I don't think there's been a design enter misappropriation they're just not spinning it is up i'm hearing you right sir this is a case there was no misfacence or malfeasons but there was a whole lot of non fees and says that they weren't out there doing their job absolutely and and I think that we I think we can fix this I think we're on the path to fix it I don't think we're
moving off that but how quickly can we expedite this and I think the motion that will take up tomorrow we'll seek the assistance of the turn general in say and he may very well say go to your county court he may say go to your circuit court because they can one of them at least can order that this might be both our own could do it but again what's the most expeditious way approving the phones in the hand to those that have been willing and in fact being elected by their their
neighbors to take on this responsibility so I hope for current is there anything that we need to do on this any further other than recognize that we're not done with it represented five I know we're all getting tired what i'm in a good underwriter legislation are you formed under what legislation are you formed did you reform one under
new legislation we the g volunteer fire department we kept that name we refiled error or articles of incorporation and non profit with the state of arkansas and they have given us all over a document back and now recognize g balance of fire department as a legal energy okay in your under the old. Five or one c three that you
filed correct unfortunately they have not the previous fire department had not filed any that five or one c three since two thousand six I believe what i'm saying though in the county clerks office shows me the other the yeah the county clarks office there should be filed articles of home incorporation right in in you all had an election he under those articles did you
know that is correct am I having a hard time understanding you're a duly elected board at this point with the ability to take action is what I don't understand yes we're plenty of fight let me let me under a detail on this is important and in mister cleveland i'm hoping to this when I think I know where you're headed on this represent did you are the new duly elected board of the old
nonprofit corporation and you went in and updated the paperwork with the secretary state you did not create a new nonprofit cooperation so you are the one that was found in ninety nine whatever that we're talking since they're delay I think that that's important point is that they by the they had a meeting of the membership in the membership elected any board it's the same entity but your names are not on the signature cards at that bank that is correct so this is really what
we're trying to do is because the board has had has its a nearly elected board it's not a new corporation that's correct I want interrupt by here and i'm a rep i'm on a rip recognize representative by who is a banker anyway to go to get me here is expertise on this mister chair. That that was my question in your discussions with the bank what is the bank ask you to provide to have access to these fines
just a letter soft inside negative being appended at its idea to go to court just something that just say hey you got the boy do this I don't think they're worried about the previous siders on this account coming out for a lawsuit or anything like that I mean i'll run that on it myself well II mean II know our process in the past was simply the duly elected members of the new board you document your minutes from your meeting where you were elected and you specify who the account signed hers are you take that to the bay and they change the
signature card is your bank and will have you done those stats and is your bank unwilling to take that action yes correct we took the minutes to the meeting that's what the bank ask we took on they wanted the proof that we were the new elective newly elected board we took the newspaper article that prove there we took the minutes from the public meeting we took the minutes from our new board meeting and every time we hit a brick wall that they would not allow those spends to be
transferred so the attorney general had sent a letter previously that this was usurp of authority and that did not make our bank move either so we have taken them everything that we filed the articles of incorporation the articles of incorporation amendment with the new board and everything legal that we could provide to the bank has been provided in and they still won't relate then they still will not relate to the carriage I also did sign order you know authorizing the cells tax dollars to be the positive the new account as a
july was the new border you know the new borders elected so that that from from john moon federal you know the part of the part of this portion of the county which those tax those dollars will be deposited this new count it's the is it is it at the same bank yeah so it is not a bank in tale. There have been the same there was a net at have not but I mean my my question would also be if the banks worried about the liability in in the risk to the bank which that's
what bankers do they can very easily just as cheap those farms back to the state and have the new entity produced paper work there in the state being cut a check to the new entity much like we do with their own claim property and that would remove the liability from the bike as well protect the by or the bank bear into the liability representative I mean you would be more like what what would the liberal because you know it these following these are not an individual funds each of the board of anybody who was going with
citizens going to see is that the when it convenient I mean you you could get lawsuit from at any point but I think it if that point if they send it to the to the state the state issues the check that the bank's covered all their their basis but I can't understand why the big wouldn't it if you provided all that information then there has to be something that this committee doesn't know there is an issue or concerned that concerns the buying I would plan representative that
there's probably somewhere in the process probably the bank's lawyer that's airing on the side of caution in this caution is slow down the whole process now I could be wrong but certainly uh what we have to be just saying was what I would think would be a regular order thing your your membership you're voters have a new we have a meeting elect new a new board invest in that new board the authority to to control and in properly distribute to use that
money in the bank should accept there now just because it are being that made so it is in in again the way we get around there is to some court. Probably circuit court maybe county core in some judge signs of says you are now the legal guardians of that money and and the bike must accept that so again I don't think he buys in disagreement where we want to go I think what we were arguing about here if in discussing here
is the most expeditious way to accomplish this and i'm i'm hoping that you know that we make turn its over to the time group in and in monday morning he gets an opinion it says you need to go in the circuit court career ask judge to immediately she in order to emerge the order to release the funds to you and that may be what he said represent i'm sorry center gilmore so just for clarification has
the bank request what what is the bank requested I know the questions already been asked and answered to an extent but I i'm i'm asking it again because that point first she just requested the minutes then after we got to the minutes and i'm going to be honest with you it was because the new board was elected and not certain people on the board. They required that we have the articles of incorporation what we had already done that so I took them to her the next day
so they couldn't ask for anything else legally because we provided them all the document temptation and the proof that we were legally the board and so then it was up to their board is what we were told that they would decide whether the funds would be transferred or not and I was called the next morning and told that they couldn't be transferred because of the amount and the two signers on the account okay so
I have no problem with this committee and then the subsequent committee tomorrow making a request the age requesting that the age you get involved obviously there's nothing binding that this committee can do in that regard whatever that's fine it's up to the basically the graciousness of the ag if he chooses to engage and involve himself in this proceeding. My point in reason i'm asking do we know do we have any certainty that a letter from the ag or any or represented badly since at
this table is going to absolve the bank of any of concerns that they have in this proceeding. Do do we do we have any such sure I am yes sir okay no ten or two questions specifically know do not but i'd my whole point here is wish that we spend the tax payers money to get the
taxpayer's money back to provide the taxpayers with a service that they've already paid for and and that and that's a fair point in this in as someone who made the motion that already been approved i'm with you in that but i'm just trying to figure out if what we're doing here actually helps or not because I don't know after hearing all this I don't frankly know if we've helped anything I think frankly we might have wasted yours time even more and I know that center flipo and in representative
station are doing everything they can help you and and they should be lotted for that because frankly everybody in this room is it with c n n as to what to do so I think their goal in our goal here is to try to figure out what is the best best path forward in i'm fine as it made the motion to request that a letter be safe from the ag's office if they're so inclined to do that I don't think it hurts I just don't know that it helps I would think the more pressure that was put on the bank the
better our chances of getting the the public funds bag to give you an idea and i'm sorry to go off on this but we have five new volunteers right now and you I know how hard it is to get volunteers to do anything now they are in training so they're taken be sortified by the arkansas state fire academy so we're having to buy ppne forum which is tuned of about
forty five hundred dollars a. Person to get our all of our vehicles and everything else back into compliance we cannot do any of that in our citizens in our fire districts are the ones that are a pay in that price clifford I absolutely understand what you're saying in uh at a think that this is uh I think sir gilmore point is we'll take I think we can move this thing up dead center but
let's let's just cut to the chase here a banker has to make a decision may be advised by their lawyer and if they make a decision which ultimately we don't acquit a lack I don't like the in the way you make them change your mind is some judge issues a real mandate with since it's signed the the transfer and let these box have control that money and that may be where we are still have to come yes since the
flipo represent a pine agree with the maybe all for solution the money is in a state and the check and account correct and our signature holders on their check and account yet they were the former yeah same board members but just you know that that you know two four five that were associated with the power department there were the signatures on the account there are no longer you know uh there is there somebody on that account who would be willing just to rather check on that account in the were made
out to the new check and account and let the check clear the bank and one of the signatures on that account decided i've never met this child many's you know the eighty seven years old but we don't have a very frank conversation with them i'm sent to flip our floor I didn't understand what you was if you asked if I get the future on the on the the counter that three or two thousand dollars is still guys like eighty seven years old i've never let him personally I don't want him you know I don't know you know you know speak to things I don't know all the indian outside.
On at these has involvement in point of bigger all and getting the land where the fire partner sits on and you know helped out the early days and said he's in as well as and but all of this but that's what need is just to sign a check to transfer to this new account to wrap this thing up to near part of this guy off line i'm not talking to him yet but you know I think we've just song where we have this conversation I think wasting time but it was like because like this is ridiculous that there's no ability to state level ten in the oversight I mean this is taxpayer dollars
will i'm with you and i'm not being an argumentative i'm just trying to sometimes solution their simple staring in the face in the thing the castodians of the account would just voluntarily yield the money over that get you down the road today that we can address some of these other problems absolutely not I think that I think that the the the the the solution is going to be a long term over the next year and a half or so we can maybe hopefully deal with its little bit more and doing in terms study to see what can a legislation we might need to be looking at in the ninety fifth channel assembly but for your
purposes today since then yes I agree uhm in members I don't believe you're there's a cause I think that we could we could set your debate this with rest of the week and talk about internals and which is why i'm a cut you off center flip let me let me say this will be safe acid here in my mind keeps one into all these solution there is a possibility that this normal column the old board for lack of better term I don't care what side of the line they live on now uh may balkan law
and uh account imagine of scenario and again this is invanted not being a lawyer than nobody don't get made this barred for saying things like this but I can imagine scenario we're plus keening tony says you made some mistakes in we're gonna be looking at this but you could show mitigate allow the problems if he would decide this over now I i'm not saying that's the best way to do it. I'm not saying allocate the county judge ideology the circuit court idea but a belt
lack is cheap to the state simply because I think it'll probably take thirty six months at minimum but but but I think we're determined that we we wait till source bad as much as we can in this subcommittee today and we we have emotion and the recommendation to the full committee so i'm i'm going to recognize representative doping spirit the fact that i'm trying to clear this out recognized one quick question I thought I
heard something from the end of the table I was twenty third make sure I understood and i'm sorry member I think you said has the agreed issued a letter to the bank the bank ignored the a AG that I understand that right i'm just curious the attorney general issue does the codes and statutes you serving authority in office and said that that should take care of it and the bank has that in their hands yes and have they given you an answer in that regard they're not they don't yes there
are not going to release the funds so they're not going to recognize with the age okay that's all I needed to know okay thank you the the chair is going to move along I know this would be in discussion tomorrow at four committee so will we over there nine o'clock I will thank all the offer uh jeep from coming down here and and representative payer and certain flipper for for bringing this to its app II think we've we see some places
in the law we may need some statutory revision in the future so moving allow uh uh next may of discussion of progression of august and obtaining the link what are its who do we have mister jonathan recognized okay the executive in the last meeting. This committee referred the issue on august to to the executive committee in that
executive committee asked staff to put this adam back on the the standing committee and so i'm i'm just going to give you the what the staff has learned in the last few days we have received correspondence from two counting firms one e g they are preparing basically preparing the financial records in the financial statements for the city of augusta and uh pretty whole fulfilled enables
is going to conduct the audit and so what what has been communicated to me is by the end of this month two thousand and seventeen will be complete and then basically every other month they'll have a success of the year completed so by june thirty of twenty twenty four they would have the december thirty one two thousand twenty two or it completed so it'd be the seventeen through two thousand twenty should be completed by june thirty or twenty twenty two now the one
caveat is they said if they found that there was need for a single audit that's a federal complaint that be at the city expenditure more than seven hundred and fifty thousand dollars in federal funds that can slow it down or if they found extensive fraud or the city that encorporate but that they were uhm excited that a new city treasure had been appointed recently and so that's that's the information staff as obtained the the mayor jeff
collins and all of the city council has been invited to attend today and so with that chair i'll turn it back to you mayor you read the curve the table and I don't know what other officials from august to be appropriate to join whoever you think by your. And others as needed will include you if you have anything you need to say mayor would you introduce yourself for the record and the other gentleman
there may or jeff collins august and i'm david chap i'm david chapel i'm with the egp i'm very provided you didn't hear the article currently correct okay thank you miss my bureau recognized to just give us an update to him pretty much give you an update we have it right out like we said last time they were put in right interest and it come from david his sale is his farm he's here to answer
questions a were on scheduled being compliance by twenty four okay now miss chapel I will make sure I will say this on the record yellow working at a rate of knocking out one year about every sixty days is that fairly accurate is is it is so wind with it get everybody caught back up at the end of twenty twenty third or the end of the fiscal year june thirty twenty four will be through twenty twenty two okay well that's that
that would be progress and and first follow up thank you for coming up here and sitting through all this fun in there uh we we always hear which we almost had an appointment for you but this is just a way we have to operate but is there any question of the
committee to any the officials from august. All the committee is not all for it seems like everyone's happy sorry just write your hand in the check shirt you feel identify yourself the record i'll be glad to recognize a peer galloway alternative city of august okay miss galloway you are recognized thank you miss chairman so a few months ago when we were here there were some other issues that were now we're not going to start with a freedom of information request that's what he read last time was a freedom of information request me had nothing to hold home now my hole long as it's my major german is that mister chair how long run and he is
mayor if it's not appropriate I will really matter border but i'm chairing this meeting okay can you agree to that i'm in charge of this meaning so and i'll recognize who needs to be recognized uh mister way you can proceed in ac stop you if I think you're not going the direction you need to get please but please stay on point in and keep it concerned thank you mister chair so yes are a couple of months to go over here and there were some other issues that were being
brought up need to be brought to your attention there was a for you in place and the city at the time had not responded so we we had a ball suit in the dured ruled in the the poorest favour that the personal question before you and not on that the insisted of the city reply replied to the four year they found the city a thousand dollars so we've finally got some response to the boy not everything but
enough stuff too for the requesting parties too draft a letter and i'd like to read that letter it's okay how long is it it's a free paragraph I will permit it in a mac cut you off but go right here. Language here so this is addressed to the prosecution attorney murray do miss maria been asked by certain consensus to get seat august to here referred to the
city to request your office initiate investigations he finances and imagine the city bonds. You were like the already aware of the city is not a complaint with organizations take lowers not submitted required auto reported division legs later out lately audit since two thousand sixteen similarly are until our repairs the government bothers it had the financial fair financial affairs to see the order the angle by independence or but for recounted arkansas code fourteen fifty eight three of seven have seen no evidence city is undergone an independent
all in recent years I believe your officers can compare capable of officially reviewing city records and determining whether the city of a guts is operating in violation of the states independent audit requirements I respectively request your assistance and ensuring the cities complain with our until loaning missile ordered to the city of august figure out too in addition the cities of spot recent responses to certain. Freedom of information and request a rate significant questions including concerns about potential misuse of citi plans there's growing apprehension to
season leadership may be operating in violation of the ordinance of the city specifically I understand there's a substantial concern that the city is making purchases in access to ten thousand dollars without engaging in a competitive bearing process it is anticipated about august ordinance number four twenty three my own review of cancel checks from the city indicates that a possible relative of a city i'd like to official receive twenty eight thousand two hundred fifty dollars there were four month period and twenty twenty two although these checks include no
description on the certified ace payments are likely related to a city construction job for which no record of a competitive bearing process has been provided. Is also believe that approximately a hundred and thirty thousand dollars an american resume plan funds were distributed to vendors to the city and twenty twenty two without engaging in a competitive bidding process binal period a review of the city expenditures have led some of the way that the city parents have been misappropriate respect in balance of the controlling
oriented allegations include the phone that the city of the shows are saving a salary and excess of that which has been provided by the city council that the city has paid wages to an individual that was never formally employed by the city. That the mayor and or cities there for using city cost for personal expenses including clothing and meals copies of the serious credit card statement for bad support for allegations of personal expenses being placed on sea counts as they recorded record numerous purchases
which are not clearly identified for the benefit of the city by way of example the serious credit card has been used in recent years to purchase numerous meals and august of ballot cabinet jonesburg sercie shared and patterns in little right northern iraq bin hot springs conway and we in the eating establishment's favorite cities funds from contact project and golden crail to the hiring cash restaurant in the right checks have also been drafted to the city's general part to the wired river campaign and suspicious amounts we do not
indicate payment for specific purchases that number was eight thousand three hundred and fifty eight dollars for the food purchases in less than two years this was a four year request for the results of the point the buying money is proper purchased by the city as well as the presence of a large two go orders could certainly give the impression to a casual observer that such purchases were not made in the part of the city business okay thank you all right
mayor allowed the armond to make his statement is do you have a response to that yeah he's trying to say that my daughter is deployed at our paid it didn't work she works with we are program she worked for six months of the weird program which the department of arkansas work for services that's why she didn't get checked my situation augusta uh we don't pay we are playing we're just in problem that they put on the work for it yesterday twenty eight thousand dollars to a family employee with a concrete work that we're doing over three four five
months time will be put in a new buyer in our recycling i've got answers for always where they're what there's got to do the proper order with their proper. Ordinances what what is that we need another community simple question I just want to ask are their proper audiences passing out when you you can use a family member of of of city official but we got it we got a man right here on the council it is business by twenty five thousand was that he
had to disclose that and it has to be a resolution or something to to why that you was that well okay you're sure it's done and only their open ended there are much worders easier the whole answer hammers representative right in question let me ask you the right thousand dollars that you may concern the right thousand dollars inside the budget was there a
lot of for meals enlightened the ended it over did it over exceed that amount of ten to do a large part of the budget I don't recall any lan item for food and or large and I think you talk about allowing larger number was five thousand three or four hundred dollars there was another one that might be interesting the purchase for the mayor's office death wrong up chair for his death one thousand two hundred fifty some dollars
I don't know if a governor has a twelve hundred fifty dollars here in his office okay i'm sure we can get in the date i'm not interested in going there those are using them but let me i'm using the same chair and that office had been there for the last four miles okay my we're not having back in both twenty of in the column around this but point of order mister chairman can we clarify to everyone at the end of the table when when when how they should speak and that is at the recognition of the chair
thank you sir you're more but there's a a lay that his chorness and table i'm going to have her white. And i'm going to recognize chair the four committee say wallace you reckon as me no ma'am you're not recognized yet you will be but nail sarah wallace mister cheer out our war wait until she has had a period of time I have one other senator here are you then if you're going to wait and i'll have a motion at the property you'll be
recognized permanent times they're hammer i'd like to address it directors to the staff please to avoid going down to that in at the table. The the subject that has been discussed in the letter that was read is that under current audit or does the staff know there were not sure what's going on with the audit uh is a private firm is doing that mr perhaps be able to take and I go to the you certainly can see him sir hammer is a question for you
yes can you tell me the content that was just read in the letter is that what is currently being audited by your firm not not in that time now okay is it going to be audited in the time frame in the future and what year we referencing that that this is supposed to have happened in that was i'm not sure exactly always what you did this thing that we mentioned happened the point requests for it was for
thirty six months up to the current month which would have been would have been about the end of june I would guess so thirty six months prior to june thirtieth twenty twenty twenty twenty one twenty two FY twenty one in there for a twenty two when her yes I have that audit complete for the time frame that this these are courageous were supposed to have happened in when when you anticipate having that audit done sir that would be all the way through june of twenty four
I know but like it's going to take you a year to get that article complete and and turned into into our staff for can you when when you interest paid having that or period that contains the events that he's referenced in the letter yeah that I mean the schedule would work so that uh that the the last one perform would be june thirty twenty four so they would be twenty twenty two then twenty twenty one will be a done
too much prior to that and twenty twenty too much part of that. Okay well a whole lot other members thank you okay we claimed our we would you would you want to wait until we interviews obtain you recognize for that yes ma'am please recognize your chair and i'll i'll admit my ignorance I didn't get a cpa degree so you got all the other degree so you can go here that's what my day I thought I had
plenty of this is really as a cpa question can you is it out of the ordinary could you do the audit from instead of going two thousand seventeen for order two thousand eighteen for could you do twenty three backwards can you go twenty three twenty two and said I mean is that even a possibility because I think that would answer the immediate questions quicker but. That's just to follow up thank you I don't know the out of the
answer to your question is now we would have to have good information accounting information going for no and know that we have good counting information going forward to to be able to create a create beginning balances the there would go into the report there's I don't think there's any way that we can accelerate that process from common from just the regular product and in a fearly would say but appreciate your candor the first
point the lady that came in the in the table I want to ask you and in fact yourself for the record of you obviously his statement but i'll ask you to be concise good afternoon everyone my name is a cynicals on the city and their system to the mayor okay here for this stuff I don't know who it came from his daughter worked through the way river plan in and development work on job program she worked for six months and they get things to work for bad months as you would
pay through their organization we was approved the contract was a sign that we would accept young people to come in and work for us at recycling center that's basically what they were unless is something else is needed that's the only time she's worked for us since and i've been with citizens two thousand back chairs the chair he says in with purchases but jimmy rose who was the mayor about three or four
years terrible term well my law two thousand sixteen to my money interrupt you for this first month thank you for coming forward thank you for sharing their these are some of the things that the proper time may be coming back before this committee but today we're not going to pick individual items in the in the budget would appreciate the automated sharing that with us but but. That we just this is not going to happen today's here we have a limited amount of time and limited mate
may I i'm gratefully for stepping forward and we will ensure that information thank you assing the mayor his left are there any other questions of any of the city officials are first by members of the committee or any other legislative representative I will wait for representative gas way to get back comfortable in the chair and a remarkable to you know
okay course he's he superman I thought he would leap across the data but that's a representative gaza where you recognize they thank you mister chairman my question is for council and galloway who wrote the letter that you read i'm sure you said they are. Yeah so the the layer was written back an attorney a grant ballard here in little rock and also when claired okay he's on a request before
you so he sent the four year request to the city. Yes and the city responded after the judge we had to go to court to get respond in the george balance eighty thousand dollars in force and respond in the municipal league came in and help them reply we get probably three four so the stuff on the forum so it was there's a guest to have a city attorney no does it have a private legal council no sure
that unbelievable city has no attorney not currently quite great I see I do too okay so well okay that's that's all I thank you thank you representative guess why
any other questions by maybe the committee sent their hammer mischairman I think that my interpretation of what we're experiencing today is it all work itself in time once the audit runs its course in he was able to get the information that will be the appropriate time which the continued discussion on this will be able to occur until such time that audit is done I think we're in the middle of something that would be best to wait until that we're let me follow up with your
statement by asking staff do we need to make any kind of emotion in this subcommittee to acknowledge or recognize the term table that the city in the article firm has agreed on to complete it no later than six thirty twenty four. I mean I don't think so nears wire if the city doesn't have
their december thirty one two thousand and twenty two audit complete by june thirty of twenty twenty four this committee has the discretion that will told their turn back and that's about two hundred and thirty three thousand dollars for two thousand twenty two so there is a big incentive for them to get those are all and I understand the incident of mister janet i'm just worrying is there some official action in this so community we need to take to the not not that I know so the sort of democrats is hanging over their head and we
we really don't have to do my chairs but but they they the ball is in their courts are to speak mixed by mere force i'm sorry but I think it is the way it is it's uh now mad kurkin in the mayor's goal but uh miss chap your in agreement of what we've all just said that this needs to be done or there's a major physical penalties of the series everybody in agreement on there
and will recognize uh senator gilmore thank you mister chair just question for maybe the council the clerk and maybe yourself mr auditor by what authority were you retained was there an ordinary house just sort of making sure or were you hired by the mayor I i'm just i'm trying to figure out by what authority were you hired about mayor by the okay alright
by the mayor was his answer check correct chair that's great what would you just turn your michael and was at the micro and I don't know it is okay and it was is there a and i'm not sure the process on the reason i'm asking it was there a need for a uh council approval in order to be passed or anything like that resolution may resolution. I'm not aware of that to staff have that answer by any chance
it was brought before the counts but I don't know what okay counselor would gather i'm sorry II think represent gas what it may have the answer you recognize replace as well thank you mister chairman I think it depends on the amount of money right i'm sure if there's someone here for the musically it was below a certain amount uh maybe the the mayor has some authority um
I don't think that we're asking if I had to be based I don't right yeah it would get to me maximum afraid we've run the batteries down or something I don't know but it was brought before the council is at what the clerks at saying it was at the date he will put select it was probably so is there any any disagreement among the the council members that are here that the council
approved the or at least equipped to the hiring of the star hurting it in to clarify we're not theoreting firm we we have another firm involved in okay I understand the auditor in there not here today but that's a gap follow i'm not trying to right complicated even more than it already is planned that the driver city attorney then there's a lot of strange things going on here that maybe weren't done exactly uh by the book but
yes my uncle city attorney resigned in a february cause he was elected to city attorney for certainly so we had attorneys up until that up until favorite word yes and he said he would help us along. If you could and we have been searching for necessary okay thank you for sharing there uh to give more so we have how many three council members here
out there here okay it's all of all here great so did did digital authorize that or or no i'm i'm sorry so I partially don't recall if we did or within a higher of this firm we have we had a firm that co would get in the way in and these guys ended up doing it this is my memory I don't know well let me let me ask just a
crazy question what there happened being minutes yes this one there was presented at the council meeting yesterday that's what I said is I heard you i'm asking others who obviously were there if they remember that and out there minutes so there seems to be at least a knowledgement by some that they remember some of it but the fisher record is what
the city correct has in the minutes and if it said that you know they all met on the moon and that's what happened because in the eyes of the law which in the minutes are the minutes and that's what it was so bad it was more but i'm not going to try to complicate something that seems to be worked at their people doing the work and I don't want to stop there sarah wallace miss chairman
most of you over that far in then you couldn't hear the mayor who was used and professing in my mind years. Here there's a state representative and as I stay center I have never seen a committee so disrespected as the mayor did today and I do have a motion that I would like to make a.
Then i'd like to make it now you were recognized promotion certain wireless thank you appreciate mischairman members there's something going on here and based above the information presented to the standard committee today in more important leave what was presented in june I move the discommittee recommend to the executive committee that staff before made limited scope procedures on the
city of a glasser for the counter years twenty twenty twenty twenty one and twenty twenty two that's a proper motion seconded by senator gilmore discussion center to hammer could could I direct us to center walls please you may the years that you just mentioned that i'm just trying to remember all the conversation have any of those years already been covered by the private audit no not yet to my knowledge okay very good I just make sure we
were double enough thank you thank you senator whereas there's a motion second on the floor is there any other discussion on the motion say one understand the motion on favorite say I opposed motion passes staff you will fall through with the motion and what the committee has decided to do on this matter and I would thanks very well as that for the day anyway this
probably disposes of this issue for today because we're going to have our own staff go in and do some some checking and in verifying and let me say to mister chairman this is no disrespect to you anyone else working on this but this is too in a limited sense obtaining information that this committee needs to do its job into the council in other officials from august to let me say that it is our. Desire as a legislature to make
sure that your citizens get the turnback money that would be due to them in that lose it over these violations which the law requires us to take away if if this is not resolved I think uh yellow authority more than we do so bear with this we're going to try to get through this and i'm confident that the professionals both the private firms and our staff will do what needs to be done to to get this resolved in an expeditious manner but but
this is pretty serious when you know we start out with cut and off your turn back and then eventually you know you this is where we have actions to proceed charters and I don't see august to go on into that but you know this is a serious idea so say hammer did you have another statement or question the question to them to the staff please because with senator wallace's motion and the potential of the whole back money being held out will this satisfy the requirements so that
there would be no interruption to the whole back money or or is that what we are echo in this thing or is it sick or or where are we aware they with this motion that we did today that by me time reset getting where they need to get so their help but money isn't held back you can turn back to her back funds yes okay the motion today will not affect the law that requires them getting all it we're just going
to do limited procedures and so which will not will not be in audit it's just gonna be some loan procedures will issue a special report and I will go from there and to that point they need to know that what we're doing they need to keep down and put pedal to the medal to get it done that this is not going to benefit you any and that I just want to make sure that was clarified so there's no misunderstanding. Because limited doesn't mean what you're doing and I just want to get that out there public thank you
thank you chairman just sitting assumed your council member that would you please read up close to you and hit that button in identify yourself the record on council mispears mister chair and I just want to say this I want to apologize for we didn't come here we came here to try to get everything done and we need to do and get our city back at the twenty seventeen eighteen and then if there is anything that need to be called and now maybe two hours we can
so I want to apologize for his reactors and all those congress for reason we come here to get our city back where you need to be thank you thank you and councilman I appreciate your comment and except your apology on behalf of the city and in uh we're not sure anyway we're not the mayors anyway we're we're all working for the people who can saw and try and administer the law that in place is fairly as we possibly can thank you for that comment any other
questions her discussion on this happened believe we're we're now I guess can be we're not need to do anything else they were officially okay so I think that certain while this is motion uh will give us tools to move forward on this uh there's something I have to have here okay next meeting of the this committee will be on september seventh twenty twenty three yesterday just a moment sooner
here I will get to you I forget it written I wrote it on the counter so I wouldn't forget uhm and of course the full legislation i'll take and may well meet more more in that am in big say hammer you have a motion or request have a request I would like to ask that the staff uhm. Provide the committee a list of the cities who have not turned again their private audits so that we can have a comprehensive
list of all the cities that have not turned in their private audits as of last year I think would be good for us to know so we can maybe talk to our cities if we represent any and and try to get ahead of that could you possibly mean that slightly center hammer I would like to see list the cities that they get a private and then have within their that information that u ask of the stairs we do it that way the short subject thank you
any other okay that the net has conclude are our anything else needs to come for the sub committee. If not we stand and german.
Agenda
C. Review of Reports
D. (Refer to the Synopsis)
E. Review of District Court Accounting Law Exemption Letters 1. Yell County State District Court 2. 7th Judicial State District Court of Johnson County
F. Discussion of Gepp Volunteer Fire Department Operations
G. Discussion of Progress of Augusta in Obtaining Delinquent Audits
H. The next meetings of the Legislative Joint Auditing Committee will be held on September 7, 2023.
I. Adjournment
500 WOODLANE STREET, SUITE 172 • LITTLE ROCK, ARKANSAS 72201-1099 • PHONE: (501) 683-8600 • FAX: (501) 683-8605 www.arklegaudit.gov
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — LEGISLATIVE JOINT AUDITING - COUNTIES AND MUNICIPALITIES, Aug 10, 2023 | Agenda | 1 | Official source ↗ |