It's a scandal.
Attention, Fayette District
Attorney Bill McBroom and Fayette State Court Solicitor Steve Harris:
You two have some work to do in Peachtree City.
Public employees running the
cash register for a private for-profit business.
Public money being mixed willy-nilly
with private sales, and no accounting at all of what belong to which.
Tens of thousands, maybe hundreds of thousands, of dollars are involved
here.
A for-profit monopoly retail
business operating rent-free in an expensive city-owned facility. (What
a sweetheart deal. Does the city have any rent-free space it can let me
use? I can make good use of it.)
Who owns this business, and
who gets the benefits of the sales? Is it the publicly-paid executive
director of a local government entity that runs the city-owned facility?
A $366,000 secret contract
with a major sponsor obligating the cash-strapped Development Authority
of Peachtree City (DAPC) to guarantee huge quantities of sales in this
privately-owned retail business, and DAPC never even voted on it, maybe
never even knew about it until this month.
And is there another secret
sponsor contract out there that has yet to be disclosed?
A $200,000 bank loan to the
DAPC that magically appears. Where is the record of a public vote on this
obligation?
Secret meetings, secret deals,
secret obligations.
A year after an auditing firm
warned of woefully inadequate accounting of public money, the financial
picture involving two multi-million-dollar city-owned venues is even murkier
now than it was a year ago.
Nobody can say with any confidence
what is really going on at the tennis center and amphitheater that Peachtree
City taxpayers own.
They face a cash flow crisis
and can't borrow any more money.
Folks, you've got a genuine
scandal on your hands, and a local government entity, the DAPC, is fully
responsible for this foul mess.
It's clear now, even to the
willfully blind, the DAPC is incapable of managing the financial affairs
of the two venues it is charged with overseeing. And it's similarly clear
that the Authority's executive director is out of control. He should be
fired forthwith.
Vice Chairman Scott Bradshaw,
a class act and a true public servant, did the only honorable thing left
to him to do and resigned from the Authority Tuesday. In parting, he delivered
in measured, gentlemanly tones a devastating critique of the Authority's
failure to come to grips with its own ineptness.
His letter is reprinted in
full within these pages and is also on our Web site. Also available is
the "contract" between Adidas and DAPC, as well as an excerpt
from last year's audit summary.
As he notes in an interview
with our reporter, J. Frank Lynch, Bradshaw is no friend of the current
mayor. But Bradshaw's blistering summary of mismanagement and management
concealment of crucial financial matters fully vindicates nearly everything
Steve Brown has been saying about the Authority's faulty oversight of
the Tennis Center and the Fred Brown Amphitheater for more than a year
now.
Most troubling, perhaps, is
the unauthorized and secret deal Executive Director Virgil Christian made
with Adidas that obligated the Authority for more than $366,000 in sales
through the privately-owned pro shop that is not controlled by the Authority.
For that deal, DAPC gets $15,000
in t-shirts and travel bags to give away to tennis center and amphitheater
fans, plus the shoemaker's logo on some tournaments. In return, Adidas
requires DAPC to "guarantee Adidas sales" of $366,000 over the
life of the five-year contract.
Bradshaw says the contract
was never even discussed, let alone approved in any vote, by DAPC. The
February 2002 contract that virtually gives away the city's store has
Virgil Christian's signature on it. Bradshaw says he had to ask "three
or four times for a copy of the agreement" before finally receiving
it two weeks ago.
Is DAPC on the hook for $366,000
in sales of Adidas products solely through one privately-owned, non-rent-paying
pro shop on city property? That's a question that high-priced lawyers
will debate, costing Peachtree City taxpayers yet more money.
Here are other management missteps:
Withholding news of an impending
cash crisis until just before the DAPC's fiscal year ends later this month.
Bradshaw said management had consistently portrayed a rosy financial picture
up until disclosing on Sept. 15 that DAPC likely couldn't meet payroll
or pay $50,000 for the band in the upcoming final concert series at the
amphitheater.
(An aside: We note that the
amphitheater's office manager is running for city council. It will be
interesting to learn from her whether she was aware of the dire financial
situation confronting the venue.)
Ignorance of or disdain for
common accounting principles, despite being warned in an outside audit
last year of the confusing or missing financial statements. "Key
members of management [read: Virgil Christian or the Authority chairman,
take your pick] did not contain an adequate level of knowledge and control
over the accounting function," reads the Sept. 30, 2002, audit report.
"We encountered several examples of this throughout the audit, including
not being furnished with amounts owed by the Authority ... until after
our audit fieldwork was complete. Management should take more of a role
in the accounting function of the Authority and obtain the knowledge necessary
to make management decisions."
Wow! In that dry, bean-counter's
language is as devastating a portrayal of a financially-out-of-control
entity as you are likely to see in public documents.
Now this is the same DAPC and
management team that have been praised to the sky by former Mayor Bob
Lenox and others.
That was a year ago. Has it
improved in a year's time? Bradshaw says, "Individual Authority members
have worked diligently with staff on this issue, even helping to reformat
the budget report. However, much of the information received by the Authority
is still vague and it is difficult for members to have confidence in the
financial picture as presented."
Again, wow! Could it be more
devastating an indictment of either ignorance or protracted, ongoing mismanagement?
An executive director who
either ignores or deliberately misleads his board of directors, the DAPC.
Christian fired the outside
auditor "without vote of the Authority." He ignored a hiring
freeze and hired two full-time and two part-time workers "in clear
violation of the mandate. There was never a vote by the Authority to make
an exception or waive the hiring freeze," Bradshaw wrote.
The director signed a contract
obligating the DAPC to $366,000 in sales through the store he operates,
but there is no record he ever asked the Authority's permission nor is
there any vote that DAPC ever approved such a one-sided giveaway. The
director did get named to the Adidas Advisory Board, presumably a prestigious
coup for him.
This is the same privately-owned,
for-profit business that operates rent-free inside the tennis center,
with DAPC-paid employees running the cash register and selling the store's
merchandise for the benefit of private owners.
All that money, from tennis
court fees that belong to the DAPC to sales of Adidas clothing and tennis
balls belonging to the for-profit pro shop, goes into the same pot and
nobody can tell you with any accounting certainty which part is public
and which part is private.
That's called "commingling"
and it is an accounting and legal "no-no."
And here's an eerie echo of
Mayor Brown's yearlong jeremiad about the cost overruns for the tennis
center expansion:
"There has been no consolidated
final report to the DAPC or to the public detailing the exact expenditures
and final cost related to the Amphitheater administration office/SCT building
renovation (approximately $200,000) or the Tennis Center expansion project
(approximately $2 million)," Bradshaw wrote.
"Members of the Authority
have been provided with a variety of somewhat disconnected change orders,
contracts and partial lists of unpaid supplier and subcontractors,"
Bradshaw wrote. "It is very difficult for anyone to clearly understand
the total financial picture related to these critical expenditures."
Double wow! This from an insider
for the past four years. Is not this exactly what the mayor has been shouting
for more than a year to anyone who would listen?
More from Bradshaw: "This
issue is particularly important because of the controversy related to
the cost overruns and the Authority's present inability to pay very large
amounts of money owed to Group VI and other companies. Some Authority
members were unaware of most of the cost overruns until the project was
complete and the mayor [Brown] was quoted in the newspaper about cost
overruns. The circumstances that permitted these cost overruns WITHOUT
VOTE OF THE AUTHORITY [my emphasis] should be better clarified and corrected."
Triple wow! Former Mayor Lenox
and various also-rans, I'm sure current Mayor Steve Brown would appreciate
your phone calls acknowledging your mistaken support of an insupportable
situation.
Attention, District Attorney
Bill McBroom and state court Solicitor Steve Harris. You two have some
obligations to the public here, to find out what has been going on with
public money, public meetings and public facilities.
It's obvious that DAPC has
miserably mismanaged the amphitheater and the tennis center, utilizing
millions in public funds. The DAPC is in the throes of a financial crisis,
with more questions than answers about how we got into this fine mess.
Now the remaining DAPC members
should own up to their past mistakes and fire the executive director immediately
before he can sign more unauthorized contracts or initiate more unsanctioned
cost overruns.
They should require that for-profit
pro shop to pay market rent for its space. They should stop providing
free employees for that private company, public employees that are being
paid for by a government entity, the DAPC, with public money.
And then the board can do one
more honorable thing: En masse, they can resign and give the City Council
the opportunity to get some auditors in there to account for public money
and public facilities' use and clean up this miserable mess that has been
made.






Easy button Return it to long suffering taxpayers including those who have paid huge tabs to educate other people's kids…