Last week I posted "
Decatur School Board Pulls Superintendent's Arse Out of Fire", where I spoke specifically about the school board recklessly approving the sumptuous parting gifts that Superintendent Don Stinson handed out to retiring Administrators. Those golden parachutes were granted without prior board approval, against standing board policy, not required by any contractual obligations, and totaled over $800,000 plus an ongoing $100,000 in annual health insurance payments. The board recklessly supported Stinson's spending spree nearly one month after 3 of the 5 had already taken the cash and gone.
In that entry, I mentioned that this was the second time in July that the Board had approved action taken by Stinson without prior board approval - which is required as Stinson does not have the authority to approve finances, that lies with the Board as granted by state law.
The first time in July was even more egregious than the $800,000 in parting gifts divvied up between 5 people.
The short story is that on July 13, 2010, the Board approved Stinson's unilateral action to flop a tax anticipation warrant (often called a 'temporary loan' in Decatur's school district) into a four year loan. But, there is so much more to it than first appears.
A little background. Let's take a couple of minutes to talk about property taxes and the route that the money takes from your pocket to the school district and other governmental units in Marion County. Every year during budget season, each taxing unit sets their budget and figures out how much property tax revenue they need to fund that budget. The tax rate is calculated from the total amount of property tax revenue required, divided by the total value of all property in the school district (called the 'assessed value'). The County Treasurer sends out a bill twice a year to collect these property taxes. Once the money is collected, the County Auditor mails a check to the school district for their portion. The school district then can spend that money.
The last few years have been unusual in that Governor Daniels ordered Marion County, among other counties, to do its determination of the 'assessed values' all over again. This took time. The delay in determining the assessed value caused a delay in determining the tax rate which caused a delay in sending out the property tax bills, which caused a delay in paying the property tax bills, which caused a delay in sending the property tax revenues to the school district. But the school districts, and other taxing units, still had to pay for their operations during the delay. So, they got short term loans called 'tax anticipation warrants', which this district often calls 'temporary loans'. The school district would eventually receive the property tax money; they would just receive it about one year late. The TAW would be repaid once the County Auditor sent the property tax check to the district. It is kind of like a payday loan. As soon as you get your paycheck, you are supposed to go in and pay off your loan.
The public has a right to assume that a 'tax anticipation warrant' will be paid off as soon as the tax money has been received.
Well, Don Stinson got Board approval on October 14, 2008, to arrange a TAW for the upcoming calendar year, 2009. The
Board minutes state:
"Dr. Baer asked permission to begin the process for pursuing temporary loans in the amount of $23,000,000 for 2009. He explained that because of the status of the state budget and the fact there has been no collection of property taxes it has become necessary to borrow against local tax monies. At present, the school corporation is not scheduled to receive any property tax money until June of 2009. Mr. Huffman moved that the Board approve begin the process of pursuing temporary loans for 2009. Mrs. Wiseman seconded the motion. The motion carried unanimously."
It is questionable whether the district should ever have taken such a large loan or TAW, since the
State Department of Local Government Finance only authorized them raise $18 million from property taxes in 2009. There is still an outstanding issue here on the $23 million, but it is not the main point of this blog entry. On January 13, 2009, the TAW was finalized and the $23 million was received by the District.
In June, half of the $18 million authorized for property taxes would have been sent to the school district by the County Auditor, and the rest sent in December. So, by the end of 2009, the district had $18 million in order to pay back the TAW. They should have paid it back then.
But, they did not.
The public has a right to assume that a 'tax anticipation warrant' will be paid off as soon as the tax money has been received.
On December 8, 2009, the Board approved a 6 month extension of the TAW, pushing the due date to June 30, 2010. The
minutes of that meeting state:
"Dr. Baer presented a Resolution for a Tax Anticipation Warrant Rollover to 2010. He explained this was the same process used in 2008 and this would allow repayment of debt to be carried over to the end of June 2010. Mrs. Wiseman made a motion to approve the Resolution. Mrs. Collins seconded the motion. The motion carried unanimously."
The money to pay back the 2009 TAW had been received by the school district during 2009, but it was not used to pay off the loan. Instead, on July 13, 2010, the Board approved turning $19 million of this $23 million TAW, or "temporary" loan, into a 4 year loan. Please note the date -- July 13, 2010. The 2009 TAW was due on June 30, 2010. The resolution passed by the Board on July 13 states that:
"...on June 30,2010, the School Corporation executed and delivered to Regions Bank, ...documents evidencing the extension of the final maturity of the Obligations to February 15, 2014..., and [Regions] has accepted the Extension."
The School Corporation did not have the authority to give such "documents evidencing the extension" because there had not been any Board action to create such documents. Again, Don Stinson acted unilaterally, usurping the authority of the Board... and the Board again pulled his arse out of the fire.
What does all this mean to the taxpayers? This means that the school district should have paid off the 2009 TAW with the property taxes paid by residents in 2009. Instead, Stinson and the Board will make you pay even more taxes to pay off the new 4-year loan. YOU ALREADY PAID THE TAXES, but you will have to pay them a second time.
The public has a right to assume that a 'tax anticipation warrant' will be paid off as soon as the tax money has been received. The public trust should not be abused by keeping the money and floating another loan to pay off the first one and then foisting the tab for the new loan onto the backs of the taxpaying public. Its called "robbing Peter to pay Paul".
Where has the money gone? $18-23 million is very serious money. Where has it all gone?
In the end, it is also a devious and underhanded way to get the Decatur Taxpayer to pay more money to the district without ever having had a say. There was never a public hearing, the public notice was uninformative, and there has not been a referendum to increase our property taxes over the next 4 years. Roughly $5 million more money will have to be raised EACH YEAR, which will cause a roughly 25% increase in school taxes.
No vote. No hearing. No say.
The school board, Dale Henson, Don Huffman, Doug Greenwald, Judy Collins and Cathy Wiseman, have allowed our school finances to go from really bad to unsustainable. They are allowing Don Stinson to raise cash by not paying off our loans, when the money was available to pay off those loans. We are now in hock twice for the same money. This is reckless. And to approve this fiscal disaster two weeks after Stinson usurped their authority, is to have totally abandoned all responsibilities that they have as elected officials to serve the public interest.
Stinson and the Board were reckless in getting a $23 million TAW, when $18 million was all the State of Indiana authorized them to raise in property taxes for that year. Stinson and the Board were reckless in not paying off that TAW in June of 2009 or January of 2010, when they had the money from the taxpayers to do so. Stinson and the Board were reckless to turn that 2009 TAW into a four year loan, making the taxpayers pay yet again for loan. This last point is where they have totally abandoned the voting public; they made a grab for more money and hoped the public would not notice that they never had a say on whether or not they wanted to give the district more money.
Stinson and the Board have acted without honor. They have abused the public trust.