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Wednesday, April 2, 2014

CLASH OF THE TITANS E MAIL EXCHANGE


Mr. Caron, 

Thank you very much for not only responding, but for your extremely detailed explanation.  Let me first clarify that I am not attempting to assign blame, I am merely asking what I consider to be a very basic question about how Lynn got into this mess.  That said, as unfortunate and unfair as you and others may believe it is, as head of the city of Lynn and Lynn Public Schools, the Mayor and Superintendent are ultimately responsible for anything that happens in the city and schools.

I am not interested in the decisions made and the actions taken by people over the past 20 years.  I am interested in the decisions made and actions taken by people over the past 2-3 years.  We do not have this shortfall because of decisions and actions that were made 20 or even 5 years ago.  We have this shortfall based on decisions and actions that were made over the past 2-3 years, which were discovered in a recent audit.  I do not recall ever saying the Mayor, Dr. Latham or anyone else had prior knowledge that these costs were being incorrectly included, nor do I recall ever saying there was deliberate actions taken to shortchange the school children.  What I have stated and will continue to state is that the Mayor, Dr. Latham, and others should have known these costs could not be counted.  As I mentioned, the restriction for not counting retired teachers' health care costs is well-documented.  The restriction clearly states, "Insurance for Retired School Employees will count toward the net school spending requirement only if it was reported on the FY92 End of Year Report Schedule 19 for FY93."  My understanding of the situation is that Lynn did not include these costs on the FY92 EOY report.  Based on your response, as well as what others have stated, it sounds like these costs have been included over the past few years merely because predecessors included them.  If this is the case, I think that was irresponsible and reckless to do.  Each year, or at any point, why didn't someone take the time to do a little research and find out if Lynn reported these costs on the FY92 EOY report, before they just went ahead and included them year after year?  If I am mistaken, and Lynn did include these costs on the FY92 EOY report, please let me know.      

Again, I appreciate you taking the time to respond.  The fact that no one else cared enough or bothered to respond, particularly elected officials, is at best unfortunate. 

 

Thank you,

Lori D'Amico


THE RESPONSE

Mr. Caron's Response:

It is with interest that I read your email today. I am glad to see that you are engaged in this issue, because it has the potential to be the most serious financial issue facing the City since the recession of the late 1980’s and early 1990’s that eventually led to levy ceiling budget cuts mandated by proposition 2-1/2.

Unfortunately, in your attempt to assign blame, your concerns are premised on an assumption that is completely false and without merit: i.e., that it is the Mayor who is responsible for the submission of the information upon which the DOE relies to set the City’s net school spending figure each year. The Mayor has ZERO input into that process. It is the School Department, specifically Kevin McHugh, the business manager, who puts together all the numbers for submission. The only involvement from City Hall is that certain departments, specifically the Comptroller and Treasurer, as well as the retirement board, produce information on school related spending, as requested by Mr. McHugh, which he requires to complete his submission to the DOE for the calculation of net school spending. The Mayor neither supplies information in the process, nor does she have any sign-off or influence on the numbers submitted to DOE. That oversight rests solely with Dr. Latham and Mr. McHugh. It is they, and not the Mayor, that have unknowingly included the teacher retiree health insurance as part of the submission during their tenures, and it was fully within their power not to include it if they were aware that it was not appropriate. Trying to assign blame to the Mayor is totally unsupported as she had no participation, active or otherwise, in the submission of the numbers to DOE.

As near as City Hall and school department personnel can determine, the inclusion of the retiree health insurance has been occurring since at least the 1990’s, and could go back all the way to the very start of education reform. In fact, we can find no records of any year dating back to the start of education reform where retiree health insurance was not included in the City’s submission, which includes both the Clancy and McManus administrations. I challenge anyone to produce any evidence to support your contention that the Mayor, or for that matter, Dr. Latham, Mr. McHugh, myself, City Treasurer Richard Fortucci, City Comptroller Stephen Spencer, sitting or former City Councillors, sitting or former School Committee persons, or any other local official, had any prior knowledge before last fall that the school department was incorrectly including teacher retiree health insurance in its net school spending submissions to the DOE. It was not until then that we were alerted by our independent auditor of the problem, and even the auditor had only been alerted for the first time a few months earlier to be on the lookout for this issue, not only in Lynn, but in all communities they audited, as this is an issue not isolated to Lynn. This issue only became an issue because a box was checked twenty years ago that was counter to what the school department was apparently doing then, and has continued doing going forward, and because the DOE in the last year began having auditors check for inconsistencies between the box checked and the actual practice of the community with their submissions. In fact, even DOE officials, though now enforcing the statute as written with regards to the inclusion of retiree health insurance, never challenged the accuracy of the City’s submissions in prior years. In addition, DOE realizes the inequity that that requirement has created for many communities in the commonwealth in recent years, with most communities including the number while others cannot, and is supportive of legislative efforts to make all communities make their calculations under the same rules going forward.

Arriving at a number to include in the City’s overall budget for the school department is a difficult endeavor each and every year. The biggest problem is that the school budget number must be arrived at each May without knowing what the key number, net school spending, will be. That number is not arrived at until seven months later, in December, five months after the start of the fiscal year. The Mayor relies on Dr. Latham and Mr. McHugh to provide their estimate of what the net school spending number will end up being, and the corresponding budget appropriation that will be needed to meet that estimate. The Mayor has typically budgeted with the expectation that she would make a supplemental appropriation to the schools during the fiscal year to cover any shortfall in the original budget once net school spending had been determined. This was the case for FY2014. Dr. Latham provided the Mayor with what turned out to be an incorrect estimate of net school spending that included teacher retiree health insurance as an allowable cost, as she had in previous years and previous superintendents had also done in previous years. So what was initially anticipated to be a budget shortfall of between $3M and $4M, based on the historic calculation method of net school spending, suddenly became a $8M shortfall with the revised calculation. This increased shortfall only came about because Dr. Latham unknowingly provided the Mayor with an incorrect estimate of the anticipated net school spending figure.

In conclusion, the extent of the Mayor’s involvement in the calculation of net school spending is no greater than that of any past or present school committee member: it was the committee who oversaw the school administrators who compile the numbers and submit them to DOE (and as it turned out, incorrectly). Furthermore, neither Dr. Latham or Mr. McHugh acted any differently than any of their predecessors, i.e., they were submitting the same figures to DOE in the same way as had been done long before they assumed their positions. For someone to infer that anyone involved in this issue, be it the Mayor or school officials, acted with deliberate intent to shortchange the school children of Lynn without any factual evidence to support such a conclusion is at best unfortunaBOGUS numberste.

Peter M. Caron, MAA
Director of Assessing
Chief Financial Officer
3 City Hall Sq. Room 202

So all of this means that it's NOBODY'S FAULT,  certainly not the MAYOR'S . Those peopleat the SCHOOL DEPARTMENT are to BLAME. No wait they were only just guessing cause it is a essed up system.

GUESS WHAT? It doesn't matter cause they control the perse strings were going to have to ante up and come up with some sort of strategy going forward. Bottom Line - It was the MAYOR's BUDGET so essentially it's her PROBLEM. Maybe those SCHOOL people gave her BOGUS numbers. How could she have KNOWN? It doesn't matter cause she should have - SORRY.

I agree with her the formula is inherently UNFAIR but the time to WHINE and complain was before you find out there is a problem.

6 comments:

  1. Clearly Mr. Caron is on the defensive, especially on the Mayor's behalf. My original email did not contain any of the accusations he mentioned in his response. I did not attempt to assign blame on the Mayor, or anyone else, I merely asked a valid question, which no one has been able or willing to answer, including Mr. Caron. I did not state or even imply that the Mayor or anyone else had any prior knowledge that the school department was incorrectly including these costs and I did not make any inference that anyone involved in this issue acted with deliberate intent to shortchange the school children of Lynn. These were all Mr. Caron's own words and statements, not mine. This is the original email I sent, which Mr. Caron is responding to:

    Good Morning,

    After listening to your response to the net school spending issue, I still have the same question I have had from the beginning and I am hoping you, or anyone else included in this email, can provide me with a simple, straight forward answer.

    As we all know, the restriction on not counting retired teachers health insurance costs is well-documented and publicized. It is specifically mentioned in Section 3 of the annual state budget and it is noted on the EOY Financial Reports. It is also highlighted each year at the summer EOY report workshops for business administrators, and it is mentioned on the DESE website. Therefore, the restriction is not, or at least should not have been a surprise to any of you. You have been Mayor for 4 years, but the audit only went back I believe 2 or 3 years. Therefore, the almost $16 million shortfall is from your time as Mayor. If this is not correct, please let me know. Knowing the restriction existed, why did Lynn include these costs toward net school spending for the past few years?

    I did not hear you give an answer to this simple question during last night's meeting. I heard you state in detail what costs could and could not be counted toward net school spending, as well as your personal feelings and opinion on the way the state does things. I heard you state that the reason the city has this almost $16 million shortfall was because of a box that was or was not checked on a form submitted 20 years ago. However, this is not really true. We are not facing this shortfall because of a form that was submitted 20 years ago. We are facing this shortfall because the city included these costs toward net school spending (fully aware of the restriction) for the past few years. I just don't understand how or why city and/or school officials simply ignored this restriction for the past few years and did not do any research to find out if Lynn did in fact include these costs in FY 94 as the restriction states. If they had, we would not be facing this issue, correct? So again, why did the city include these costs toward net school spending for the past few years?

    Thank you

    Lori D'Amico


    Based on my understanding of the information I have received, Lynn did not include these costs in the time period that is stated in the restriction. Because they did not include them then, they are not allowed to include them now. If this is incorrect and Lynn did in fact include these costs back then, I would think one of our city or school officials would have disclosed this information by now.

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  2. I do believe one of the complaints that Tim Phelan and the Councilors had previously about promoting Mr. Caron was his inexperience in federal and state budget process. He was an excellent assessor without a college degree. Of course the Mayor is the one holding the bag when these things happen. There was also a lot of problems with Mr. McHugh's resume - wasn't he dismissed for errors he made in other school systems from two previous cities?

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    1. It is outrageous that the city of Lynn has a CFO that does not have an advanced degree in accounting or finance. As far as Kevin McHugh, I heard similar stories. I think I heard Wilmington terminated him, but i don't know if it is true. It would not surprise me if it were. Perhaps the real reason Lynn is facing this financial crisis is because of the inexperienced and unqualified "professionals" they hire.

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  3. Is anyone else as surprised as I am that Caron so openly admitted that McHugh and Latham are the ones responsible for causing what he considers to be the most serious financial issue facing the city of Lynn since the recession in the late 80's? I hope the two of them do not have jobs after this. If you can cause the most serious financial issue the city has faced in decades, potentially leading to "tons of layoffs" in the police department, fire department, DPW, and other city departments, and still keep your job, then there is no hope for this city or the taxpayers in it and my suggestion is for homeowners to take their hard earned money and move!

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  4. The mayor is to blame. She is Caron's boss. He'll write whatever.

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  5. Its very good to share your knowledge regarding the clash of the titans E Mail Exchange

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