Cynthia Diaz
Cynthia Diaz, the Coventry town clerk, treasurer and delinquent tax collector. Photo by John Lazenby

[V]TDigger has obtained documents that show the Coventryย school had as much trouble with Cynthia Diazโ€™s bookkeeping asย the town did.

An estimated $20,000 went missing from the school by theย time the board fired Diaz in 2011. More than a year earlier,ย the IRS froze nearly $80,000 in a school bank account because Diaz had eitherย not made employee Social Security payments or made them incorrectly.

The records are more evidence of the bewildering failureย by state authorities and local leaders to protect taxpayers from a municipal official who wasย suspected of embezzlement for more than a decade.

Diaz became the Coventry town clerk, treasurer and delinquent tax collector in 2004 and also began handling the bookkeeping for the Coventry school that year.

Four different entities, including the school, the town, the Vermont Department of Motor Vehicles and a local employer, began questioning Diazโ€™s financial dealings starting in 2005.

But it wasnโ€™t until earlier this year that allegations of embezzlement came to light. Diaz has been accused of stealing more than $1 million from the town of Coventry.

Even though there were many red flags along the way, local prosecutors and the attorney generalโ€™s office, under Bill Sorrellโ€™s leadership, never accused Diaz of embezzlement. The Vermont attorney general’s office opened an investigation into Diaz in 2008, charging her with more than 10 felony counts of tax evasion in 2011. Diaz was convicted later that year on two misdemeanor counts of tax evasion. The FBI began investigating in theย summer of 2011.

The Coventry Selectboard struggled for a decade to remove the town clerk from power and finally succeeded last month in ousting her.

Diaz says sheโ€™s done nothing wrong. Efforts to reach her forย this story were unsuccessful.

The latest information about missing money in Coventry comes from records released late last month by Vermont Attorney General TJย Donovan. The attorney generalโ€™s office stalled VTDiggerโ€™s public records request for six months. Other documents detailing Diazโ€™s financial dealings and the stateโ€™s probe continue to be withheld by Donovan, even though the AGโ€™s investigation was closed in 2011.

The schoolโ€™s problems with Diaz mounted slowly, according to Frank Carbonneau, the chair of the board. The town of Coventry began offering Diaz’s bookkeeping services at no cost to the school in July 2004 and although auditors warned the board in 2005 and every subsequent year that the books had been mishandled, the situation didnโ€™t come to a head until 2010 when the teachers union issued formal complaints to the school board, the supervisory district, and several state agencies.

Besaw and Associates, an accounting firm in Newport, issued an adverse opinion in fiscal year 2006 for the districtโ€™s financial statements because management did not present adequate financial statements.

The accountants found that the schoolโ€™s books did not conform to generally accepted accounting principles and that there were significant deficiencies in the internal controls, i.e. procedures that ensure taxpayer money is protected.

The auditor said the board had no direct oversight of Diaz as she managed theย districtโ€™s money and wouldnโ€™t be able to catch a bookkeeping error because of poor internal controls. That same determination was repeated year after year. These are the same problems auditors found with the Diazโ€™s bookkeeping for the Town of Coventry over the same period.

In 2006, a new auditor was hired. Corrette and Associates based in St. Johnsbury came to the same conclusions Besaw did, with the additional assessment that the โ€œaccounting system does not accurately collect and report balance sheet and income activity.โ€

In fiscal year 2008, audits show the IRS imposed a $72,343 penalty on the school and in fiscal year 2010, the feds froze assets for the school worth $77,961. Officials wonโ€™t say and documents donโ€™t show the relationship between the penalty and levy from the IRS and what, if anything, the school paid.

The tipping point was in the fall of 2010, when payroll was issued late, according to Glenn Hankinson, the director of business and finance for the North Country Supervisory Union.

At about the same time, an auditor told the board that more than $20,000 appeared to be missing, according to supervisory union officials.

At that point, Hankinson suggested that the Coventry school board hire a forensic accountant.

When the school board learned that a forensic account would cost as much as the amount that was allegedly missing, they decided not to pursue it, according to Carbonneau, the school board chair.

Meanwhile, officials with the local chapter of the Vermont National Education Association were demanding action.

Documents show the teachers union askedย the Vermont attorney general in December 2010 to prohibit Diaz from keepingย the Coventry Village Schoolโ€™s books.

In a letter to the Vermont attorney general โ€“ parts ofย which are blacked out by Donovanโ€™s office โ€“ Joyce Foster, who represented teachers in the school for the union, accuses Diaz of late payments on a number of school bills.

Foster outlined โ€œa short list ofย the questionable errors,โ€ listed in part below:

  • โ€œFrequent errors in the amount of (redacted)ย paychecks with significant fluctuations in pay from one payroll period to theย next. Ms. Diaz was either unwilling or unable to adequately address the reasonsย for the fluctuation.โ€
  • โ€œSocial Security payments were not made on behalfย of (redacted).โ€
  • โ€œWhen asked by (redacted) to correct the mistakesย with the Office of Social Security, Ms. Diaz responded, โ€˜If you (redacted) wereย as concerned with teaching our students as you are with your paychecks.โ€™ Thisย statement was made at a public meeting.โ€
  • โ€œMs. Diaz has had her young son elementary school son deliver to (redacted) paychecks thus jeopardizing security and confidentially.โ€
  • โ€œLate payments resulting in fines or potential harm to the Town of Coventry School and therefore (redacted):โ€
  • โ€œMany late payments to Fair Point Communications.โ€
  • โ€œSeveral payments not made in a timely manner to Toshiba Financial Services resulting in fines to the school district.โ€
  • Redacted โ€œsubscriptions were not timely paid and (redacted) received multiple notices.โ€
  • โ€œDisconnect notices from Vermont Electricย Cooperative, Inc., for non-payment of debt.โ€
  • โ€œTwo notices, August and May from the Coventry Fire District #2 for non-payment of water account debt.โ€
  • โ€œNon-payments to Turning Points in the amount of $1,647.50 for psychological services were not timely paid.โ€
  • โ€œDeer Creek Psychological services were not paid in a timely manner.โ€
  • โ€œ4/12/2010 Speech and Language services were not paid in a timely manner: amount $10,973.50.โ€
  • โ€œAt least one bill for $2,966 was paid to the vendor twice resulting in the request for the return of the check.โ€
  • โ€œThe Board of School Directors report reflects that they do not always receive a financial statement from Ms. Diaz as requested and per general audit practice.โ€
  • โ€œSpecial Education expenditures and paperwork are routinely in error.โ€

Foster asked the Vermont attorney generalโ€™s office, which soon would settle its criminal case against Diaz for two counts of misdemeanor tax evasion, to set Diazโ€™s conditions of release to prevent her from keeping the districtโ€™s books. Diaz had access to Social Security and bank account numbers, Foster said.

But Assistant Attorney General Ultan Doyle said conditions of release are imposed for two reasons: to assure a defendant will show in court and, sometimes, to protect the public. Fosterโ€™s request is unrelated to the first, he said, and the crimes with which his office charged Diaz โ€“ tax evasion, not embezzlement โ€“ didnโ€™t endanger the public.

โ€œUnfortunately,โ€ Doyle wrote, โ€œour office is unable to comply with your request.โ€

Foster, now retired, couldnโ€™t be reached for comment.

The Vermont National Education Association also wrote to theย state labor department requesting an investigation.

In a separate letter to the supervisory union, Foster said the board was enabling Diaz.

Teachers faced IRS fines because Diaz batched Social Security and other payments to the federal government, Foster alleged.

Foster wrote that when teachers confronted the school board about the fines, Viola Poirier, then board chairwoman, said it was their problem.

Reached by phoneย Thursday, Poirier wouldnโ€™t say muchย about Diaz, other than her work wasnโ€™t up to par and that she didnโ€™t want to beย quoted. But before the call ended, she said Diaz is a friend.

โ€œI like her. I think sheโ€™s had a lot of problems, but until proven guilty,โ€ Poirier said, pausing, โ€œthatโ€™s it.โ€

Carbonneau described Fosterโ€™s accusations as โ€œposturing.โ€ He discredited the relationship between Poirier and Diaz as โ€œcollegial, at best.โ€ Carbonneau said Poirier had no conflict of interest and the two do not spend time together. He said heโ€™s friendly with Diaz, too, because Coventry is a small town.

โ€œOur relationship is the same way,โ€ he said. โ€œIโ€™ve coached her sonโ€ on the local baseball team. โ€œSheโ€™s coached my son.โ€

Hankinson, the finance director for the supervisory union, said the board wanted to work with Diaz.

“What they were thinking is that she was a member of their community and the elected town clerk, and you do what you can,” Hankinson said.

But looking back, Hankinson said, it’s clear what the board should have done.

The ultimate responsibility to protect taxpayer money rests with a school board.

Coventryโ€™s school board didnโ€™t fire Diaz until February 2011, even as the North Country Supervisory Union expressed concern, year after year, about the audits, telling the board it had other options for bookkeeping and finally demanding that the board do something after the union complained in late 2010.

School board chair Carbonneau defends Diaz and says she is innocent until proven guilty. Noย money went missing, โ€œever,โ€ he said, when she kept the books. The problem was that Diaz was sloppy, he said.

โ€œIt was just one of those things when you got somebodyย working for you and you wished they did a little bit better job,โ€ Carbonneau said. โ€œYouย can deal with it, but you canโ€™t deal with it forever.โ€
/

Dan Schwartz is a master's student at the Missouri School of Journalism. Before going back to school he worked for newspapers in Alaska, New Mexico and Vermont, winning awards along the way for investigative...

VTDigger's founder and editor-at-large.

6 replies on “Pattern of money woes in Coventry hit school district, too”