
[V]TDigger has obtained documents that show the Coventryย school had as much trouble with Cynthia Diazโs 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 Diazโs financial dealings starting in 2005.
But it wasnโt 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 generalโs office, under Bill Sorrellโs 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 sheโs 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 generalโs office stalled VTDiggerโs public records request for six months. Other documents detailing Diazโs financial dealings and the stateโs probe continue to be withheld by Donovan, even though the AGโs investigation was closed in 2011.
The schoolโs 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 didnโt 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 districtโs financial statements because management did not present adequate financial statements.
The accountants found that the schoolโs 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 districtโs money and wouldnโt 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 Diazโs 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 โaccounting 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 wonโt say and documents donโt 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 Schoolโs books.
In a letter to the Vermont attorney general โ parts ofย which are blacked out by Donovanโs 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 โa short list ofย the questionable errors,โ listed in part below:
- โFrequent 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
- โSocial Security payments were not made on behalfย of (redacted).โ
- โWhen asked by (redacted) to correct the mistakesย with the Office of Social Security, Ms. Diaz responded, โIf 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
- โMs. Diaz has had her young son elementary school son deliver to (redacted) paychecks thus jeopardizing security and confidentially.โ
- โLate payments resulting in fines or potential harm to the Town of Coventry School and therefore (redacted):โ
- โMany late payments to Fair Point Communications.โ
- โSeveral payments not made in a timely manner to Toshiba Financial Services resulting in fines to the school district.โ
- Redacted โsubscriptions were not timely paid and (redacted) received multiple notices.โ
- โDisconnect notices from Vermont Electricย Cooperative, Inc., for non-payment of debt.โ
- โTwo notices, August and May from the Coventry Fire District #2 for non-payment of water account debt.โ
- โNon-payments to Turning Points in the amount of $1,647.50 for psychological services were not timely paid.โ
- โDeer Creek Psychological services were not paid in a timely manner.โ
- โ4/12/2010 Speech and Language services were not paid in a timely manner: amount $10,973.50.โ
- โAt least one bill for $2,966 was paid to the vendor twice resulting in the request for the return of the check.โ
- โThe 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
- โSpecial Education expenditures and paperwork are routinely in error.โ
Foster asked the Vermont attorney generalโs office, which soon would settle its criminal case against Diaz for two counts of misdemeanor tax evasion, to set Diazโs conditions of release to prevent her from keeping the districtโs 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. Fosterโs request is unrelated to the first, he said, and the crimes with which his office charged Diaz โ tax evasion, not embezzlement โ didnโt endanger the public.
โUnfortunately,โ Doyle wrote, โour office is unable to comply with your request.โ
Foster, now retired, couldnโt 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 wouldnโt say muchย about Diaz, other than her work wasnโt up to par and that she didnโt want to beย quoted. But before the call ended, she said Diaz is a friend.
โI like her. I think sheโs had a lot of problems, but until proven guilty,โ Poirier said, pausing, โthatโs it.โ
Carbonneau described Fosterโs accusations as โposturing.โ He discredited the relationship between Poirier and Diaz as โcollegial, at best.โ Carbonneau said Poirier had no conflict of interest and the two do not spend time together. He said heโs friendly with Diaz, too, because Coventry is a small town.
โOur relationship is the same way,โ he said. โIโve coached her sonโ on the local baseball team. โSheโs 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.
Coventryโs school board didnโt 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, โever,โ he said, when she kept the books. The problem was that Diaz was sloppy, he said.
โIt 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. โYouย can deal with it, but you canโt deal with it forever.โ
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