REPORT DIGEST

 

CAPITAL DEVELOPMENT BOARD

 

FINANCIAL AUDIT

For the One Year Ended:

June 30, 2004

And

COMPLIANCE EXAMINATION

For the Two Years Ended:

June 30, 2004

 

Summary of Findings:

Total this audit                          6

Total last audit                          0

Repeated from last audit           0

 

Release Date:

April 6, 2005 

 

 

State of Illinois

Office of the Auditor General

WILLIAM G. HOLLAND

AUDITOR GENERAL

 

To obtain a copy of the Report contact:

Office of the Auditor General

Iles Park Plaza

740 E. Ash Street

Springfield, IL 62703

(217) 782-6046 or TTY (888) 261-2887

 

This Report Digest is also available on

the worldwide web at

http://www.state.il.us/auditor

 

 

 

 

 

 

 

SYNOPSIS

 

 

¨      The Board paid for efficiency initiative billings from improper line item appropriations and funds.

 

¨      The Board maintained a locally held fund without statutory authority or proper internal controls.

 

¨     The Board had not established adequate planning, oversight, and controls for a computer system development project, which resulted in a costly and critical system development project failing.

 

¨      The Board did not use competitive bidding for five contracts which totaled $124,900.

 

¨      The Board paid 82 employees assigned to work directly with construction projects $3,977,403 from bond proceeds during FY 04.  The Board had not used bond funds to pay employee salaries prior to FY 04.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

{Expenditures and Activity Measures are summarized on the reverse page.}

 


CAPITAL DEVELOPMENT BOARD

FINANCIAL AUDIT

For the Year Ended June 30, 2004

COMPLIANCE EXAMINATION

For the Two Years Ended June 30, 2004

 

EXPENDITURE STATISTICS

FY 2004

FY 2003

FY 2002

·        Total Expenditures*..................

 

OPERATIONS TOTAL.................

      % of Total Expenditures............

      Personal Services......................

            % of Operations Expenditures.

            Average No. of Employees......

      Other Payroll Costs (Retirement,

        Social Security, Group Insurance)

            % of Operations Expenditures.

      Contractual Services...................

            % of Operations Expenditures..

      All Other Operations Items..........

            % of Operations Expenditures..

 

CONSTRUCTION TOTAL.............

      % of Total Expenditures..............

 

·        Cost of Property and Equipment.....

·        Cost of Construction in Progress.....

$811,215,675

 

$12,085,718

1.5%

$6,718,519

55.6%

147

 

$2,787,089

23.0%

$454,793

3.8%

$2,125,317

17.6%

 

$799,129,957

98.5%

 

$2,384,338

$113,256,362

$1,058,170,654

 

$13,368,708

1.3%

$7,982,397

59.7%

163

 

$2,256,301

16.9%

$578,260

4.3%

$2,551,750

19.1%

 

$1,044,801,946

98.7%

 

$2,541,054

$69,498,597

$1,153,252,302

 

$13,935,010

1.21%

$8,296,423

59.54%

187

 

$2,319,675

16.65%

$693,834

4.98%

$2,625,078

18.83%

 

$1,139,317,292

98.79%

 

$2,716,816

$183,629,607

SELECTED ACTIVITY MEASURES (unaudited)

FY 2004

FY 2003

FY 2002

Number of Active Construction Projects...

Number of Design Contracts Processed.....

Average Variation from Planned Schedule**

  Design Phase......................................

  Construction Phase.............................

Number of Change Orders...................

Percent of Change Orders to Contract Value

School Construction Grants Awarded............

599

142

 

40.5%

67.9%

2,470

5.54%

71

794

142

 

N/A

65.9%

3,955

6.96%

71

1,003

255

 

N/A

N/A

1,900

8.5%

110

*   Appropriated funds and CDB Contributory Trust Fund (#617)

** Not available for FY03 design phase.  In FY02, CDB reported average design and construction time (as a percent of schedule) as 160% and 171%, respectively.

EXECUTIVE DIRECTORS

During Audit Period:     Kim Robinson, Executive Director (7/1/02 through 9/30/02)

                                    Dan Egler, Acting Executive Director (10/1/02 through 3/30/03)

                                    Gevan Behnke, Acting Executive Director (3/31/03 through 6/24/03)

                                    Anthony Rossi, Executive Director (6/25/03 through 6/30/04)

Currently: Janet Grimes, Acting Executive Director

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Board did not receive guidance or documentation with the billings from CMS

 

 

 


Staff indicated no savings have been evident

 

 

 

 

 


Efficiency initiative payments totaled $5,084

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Board disagreed with finding

 

 

 

 

 

 

 

 

 

 


Auditor comment regarding Board's response

 

 

 

 

 

 

 


Evidence of savings not provided

 

 

 

 

 

 

 


Lack of statutory authority

 


Internal controls over record keeping were inadequate

 

 

 

An employee was able to obtain $1,050 from the fund and records prior to November 2001 could not be located

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board paid contractor $546,000 for failed project

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The five contracts totaled $124,900

 

 

 

 

 


Procurement Code requires use of competitive request for proposal process

 

 

 

 

 

 


Board disagreed with finding

 

 

 

 

 

 

 

 

 


Auditor comment regarding the Board's response

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


82 CDB employees paid from bond proceeds in FY 04

 

 


CDB had not used bond funds to pay employee salaries prior to FY 04

 

INTRODUCTION

 

The Capital Development Board (Board) serves as the non-road, construction management arm of the Illinois government.

 

FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

 

PAYMENTS WERE MADE FOR EFFICIENCY INITIATIVE BILLINGS FROM IMPROPER LINE ITEM APPROPRIATIONS

 

      The Board made payments for efficiency initiative billings from improper line item appropriations and funds.  The State Finance Act requires that the amount designated as savings from efficiency initiatives implemented by the Department of Central Management Services (CMS) shall be paid into the Efficiency Initiatives Revolving Fund.  The Act further requires “State agencies shall pay these amounts…from the line item appropriations where the cost savings are anticipated to occur.”

 

      The Board did not receive guidance or documentation with the billings from CMS detailing from which line item appropriations savings were anticipated to occur.  According to Board staff, they received no documentation or information from CMS detailing the nature and/or type of savings that CMS anticipated.  Additionally, Board staff indicated that no savings for the Board have been evident to date.  The only guidance received was the amount of payments that should be taken from General Revenue Funds versus Other Funds for the September 2003 billings.  While the CMS billings directed the Board to make payment from General Revenue Funds, this was changed after the Board reported it “had no GRF operational appropriations.”

 

      The Board used $5,084 from its appropriations from the Capital Development Board Revolving Fund to make all of its efficiency payments for Information Technology and Vehicle Fleet Management.  State law allows the Board to use the moneys in the Fund for multiple purposes, including electronic data processing expenses.  The law further states “Unexpended moneys in the Fund shall not be transferred or allocated by the Comptroller or Treasurer to any other fund, nor shall the Governor authorize the transfer or allocation of those moneys to any other fund.”  (Finding 1, Pages 10-12)

 

      We recommended that the Board only make payments for efficiency initiative billings from line item appropriations where savings would be anticipated to occur.  Further, the Board should seek an explanation from CMS as to how savings levels were calculated, or otherwise arrived at, and how savings achieved or anticipated impact the Board’s budget.

 

      Board officials disagreed with the finding and responded that when CDB inquired into the GRF billing, CMS responded that the fund should be the CDB Revolving Fund since bond funds as a source were not appropriate.  Also, the EDP line used to pay the Information Technology billing was a proper line in the Board’s opinion.  Further, the Vehicle Fleet Management billings were paid from the Operational Purposes line since that line had been used in FY02 and FY03 to make payments for operation of autos.  Finally, the Board agreed that the billings lacked detail and responded more detailed back-up would be sought before making future payments.

 

      In an auditor’s comment, we noted that information provided by a Board official stated the Fiscal Officer contacted GOMB (Governor’s Office of Management and Budget), not CMS, for direction on billings.  The State Finance Act directs CMS, and not GOMB, to be responsible for implementing efficiency initiatives and determining the amount of savings that agencies shall pay into the Efficiency Initiatives Revolving Fund.

 

      Further, our auditor’s comment noted that when we asked the Board for evidence of savings provided for the amounts billed, the Board responded that none had been provided.  Additionally, when we asked whether the Board had experienced any savings from the efficiency initiatives for which it was billed, the Board responded there was none that was evident to date.  Without specific guidance from CMS regarding the nature and type of savings initiatives, it is unclear whether these payments were appropriate.

 

LACK OF AUTHORITY AND INTERNAL CONTROL FOR LOCALLY HELD FUND

 

      The Board maintained a locally held fund without statutory authority or proper internal controls relating to transactions of the fund.  The fund was used for ticket sales, contributions, and expenses of the Board’s State Fair exhibition and an awards program which honored outstanding team efforts on Board projects.

 

      During a 2003 internal review, it was determined an employee was able to obtain $1,050 from the fund.  In addition, records of transactions prior to November 2001 could not be located.  As a result of the internal review, the matter was investigated, corrective action was taken, and the matter referred to the State's Attorney for follow-up.  (Finding 2, Pages 13-14)

 

      We recommended the Board continue efforts to obtain statutory authority prior to resuming any activities of this or any future locally held funds.  Further, the Board should establish appropriate internal controls.

 

      Board officials agreed with the finding and responded it will work with various associations to conduct activities in the future with all financial transactions handled by the associations.

 

INADEQUATE OVERSIGHT AND CONTROL OF A FAILED COMPUTER SYSTEM PROJECT

 

      The Board had not established adequate planning, oversight, and controls for a systems development project, which resulted in a costly and critical system development project failing.

 

      The Board has a statutorily mandated requirement to oversee the construction of new State facilities, such as prisons, college and university classroom buildings, mental health hospitals, and State parks.  In order to monitor the various construction projects, the Board contracted for the development of a project management business solution.

 

      In October 2002, the Board signed a $2,008,199, three-year contract for the development of the project management solution.  After one year of development, the Board cancelled the contract and discarded the project.  The Board paid the contractor approximately $546,000 for the failed project.  (Finding 04-3, page 15)

 

      We recommended the Board perform a detailed review of its computer systems development and contract monitoring process to provide for adequate planning, oversight, staff involvement, and management controls for externally developed applications.

 

      Board officials agreed with the finding and stated the contract was terminated saving approximately $1.5 million.

 

      CONTRACTS WERE NOT COMPETITIVELY BID

 

      The Board entered into five separate contracts ranging from $24,900 to $25,000 without using a competitive bidding process, contacting more than one vendor, or publishing the solicitation or contract award as required.  All five contracts, which totaled $124,900, were entered into with the same accounting firm and were executed over a six-week period.  The contracts consisted of agreed-upon procedures to help determine the Board’s outstanding obligations due to suspended construction of two prisons.

 

      The Illinois Procurement Code (Code) states that State contracts for professional and artistic services of $20,000 or more shall be awarded using the competitive request for proposal process.  (Finding 4, Pages 16-17)

 

      We recommended the Board implement adequate controls to ensure all procurement projects are submitted to the bidding process required by the Code.

 

      Board officials disagreed with the finding and responded that construction related professional services can be awarded non-competitively up to $25,000 according to the Qualifications Based Selection (QBS) Act.  The Board further responded that the $20,000 level is for other types of professional and artistic services.  The Board stated, “CDB feels that the work was engineering and architecturally related even though the firm was a CPA firm.”

 

      In our auditor’s comment, we noted that the QBS Act applies only to construction-related professional services of licensed architects, engineers, or registered land surveyors.  The Board contracted with an accounting firm, the services were provided by public accountants, and the Board has presented no evidence that these individuals are licensed as architects, engineers, or land surveyors.  Therefore, the Procurement Code applies to the procurement of these services, not the QBS Act.

 

 

OTHER FINDINGS

 

      The remaining findings are less significant and are reportedly being given attention by the Board.  We will review the Board’s progress toward the implementation of our recommendations in our next examination.

 

      Janet Grimes, Acting Executive Director, provided the responses to our recommendations.

 

 

OTHER MATTERS

 

EMPLOYEES PAID FROM BOND PROCEEDS

 

A portion of the Board’s FY04 operational expenditures for personal services were paid from the Capital Development Fund (141), which receives its funding from bond proceeds.  In accordance with the FY04 appropriation bill, 82 Board employees assigned to work directly with construction projects were paid $3,977,403 from Fund 141.  Prior to FY04, these employees were paid from appropriations to the General Revenue Fund.  The Board had not used bond funds to pay employee salaries prior to FY04.  (Page 90)

 

 

 

 

 

AUDITORS’ OPINION

 

Our auditors stated the financial statements of the Capital Development Board for the year ended June 30, 2004 are fairly presented in all material respects.

          

 

 

                                                     ____________________________________

WILLIAM G. HOLLAND, Auditor General

 

WGH:LKW:pp

 

SPECIAL ASSISTANT AUDITORS

 

Clifton Gunderson LLP were our special assistant auditors for this engagement.