Two Standards for Accounting

There are two standards in the governance/accounting world today: one for the public sector, one for the private sector. Under the rules of the Sarbanes Oxley Act, chief financial officers of publicly traded companies must certify that the financial results they report are accurate. If mistakes are made and financial statements must be recalculated, the company’s stock price usually takes a beating — and the CFO takes a whipping.

Then you have the public sector.

John Bennett, who functioned as “CFO” for the state of Virginia during the Warner administration, knew of a $137 million miscalculation in the state budget back in December but neglected to tell his boss, Mark Warner, or the incoming governor, Tim Kaine. The reaction? Not surprisingly, Republican legislators issued “howls of outrage” (to use a phrase in the Washington Post). Even Warner-loving editorial pundits conceded that Bennett’s action was a no-no. But now that Kaine has identified the problem and proposed how to fix it, the chattering classes seem quite content to move on. Yeah, yeah, it was a mistake, but there are bigger problems, so let’s get over it.

But Del. Tim Hugo, R-Fairfax, among others, isn’t ready to “get over it.” As he rightly observed: “If you were in the private sector and did this, these people would be facing serious consequences.”

Now, I don’t know whether or not people in the Warner administration intentionally covered up the transgression, as some have suggested. But I share Hugo’s view that the incident needs to be investigated — with the proviso that it not be turned into a partisan excuse to bash Bennett or the Warner administration. The problem, I suspect, transcends partisan affiliations.

Somewhere along the line, Bennett failed to communicate a highly significant piece of information. In my experience in the business world, communications breakdowns are rarely due to deviousness or ill will. In this case, the breakdown appeared to have been connected to the transition from one management team (Warner’s) to another management team (Kaine’s). It’s conceivable that laziness or negligence was a factor — perhaps Bennett was itching to wind up and move to his next job — but the purpose of any hearing should be to correct the structural flaws in the budgetary process. The goal should be ensuring that the error is never repeated, not to hang Bennett.

However, because there seems to be a complacent attitude in the press — $137 million accounting errors in a $60 billion state budget really aren’t that big a deal, unless, of course, it had been committed by the Gilmore administration, in which case the scandal would be flogged for months — the momentum may never build to hold those hearings. We’ll have to wait for a Republican administration to make the same mistake — I’m under no illusions that Republicans are somehow exempt from committing such blunders — for the press to work itself into a lather.


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9 responses to “Two Standards for Accounting”

  1. The press? What press?

    If it doesn’t have a direct political angle, nothing in state government gets covered in Richmond, or anywhere else for that matter. You’re right that the “I forgot” budget story would have been much bigger had it occurred in a Republican Administration, but even then it would only have focused on the politics.

    A grand jury is still looking into the Game & Inland Fisheries safari scandal. You’d never know that from the reading the Times-Distance. All sorts of questionable policy decisions and outrageous practices are happening in state government but it might as well be happening in Alaska.

    It’s high time some blogger or rag publisher started really covering state government.

  2. Vivian J. Paige Avatar
    Vivian J. Paige

    Perhaps the reason this has not been such a big deal is because of the nature of this error. The money is there, coming into the general coffers of the state, instead of being allocated to the schools. If, instead, the error had been that the money wasn’t there, it would have been a bigger scandal.

    Just my take.

  3. Larry Gross Avatar
    Larry Gross

    Compared to VDOT’s speed bump… with their accounting practices – this is a gnat on an ant’s butt – and remember prior administrations did absolutely nothing about it and they either had to know about it or the top guys knew about it and said nothing. It was Schucet who blew the whistle…

    Note also the state DID take action and made immediate changes at DGIF… what’s in the courts now are criminal charges.

    I don’t discount this – it’s not a good thing – but the context is that the prior and current administrations are not rife with similiar reports of book jiggling…. unless I am misinformed.

    so without further enlightenment.. the “legs” associated with this.. I suspect are at least partly political.

    However, I will say that if we see more of this type of thing.. it’s not going to bode well for Kaine.

    bottom line: strike one

  4. Anonymous Avatar

    Agreed — that is the ultimate question: will this become a pattern? The mistakes themselves (and it was two that compounded to a total of $137 million) were the kind that can be made by anyone and it is clear they were caught. I don’t for one minute believe a professional like Bennett or for that matter DPB Director Brown didn’t make people aware and suggest the necessary corrections. And my theory is that the atmosphere between the R House Caucus and the Third Floor is so poisonous, so vitriolic, that nobody wanted to offer the fix at the height of the session. If I read all this right, the result is some school divisions get MORE money than they deserved under the existing formulas, which might also be a motivation for silence in some quarters.

    If Bennett really didn’t tell anyone, he has no business managing a 7-11, let alone VCU, an insitution with its own financial management issues (massive ones.)

    As for the Kaine administration, this is their mulligan.

  5. Anonymous Avatar

    Sounds like th VaPAF.

    Oh, sorry, I forget you don’t want to cover that mismanagement.

  6. Toomanytaxes Avatar
    Toomanytaxes

    I agree that this is not a huge error, but even if it were, we wouldn’t read much about in the MSM. Didn’t happen on a Republican’s watch.

    Notice that, despite noting that Kaine’s taken quite a bit of money from West Group, et al., there’s been not a bit of discussion by the Post that our Governor’s support for extending Metrorail is a pay-back to those contributors. Similarly, there’s been no discussion of the Scott Kasprowicz’s conflict of interest on Metrorail.

    Also, read today’s incredibly stupid Post editorial on, what I think is a responsible move on Kaine’s part, the Governor’s effort to find points of agreement with the House on trasportation. The Post’s editors, who probably met with the developers and road-building lobby, rant on for higher taxes and more track and roads.

    The rank hyprocrisy and inconsistency on the part of the Post is incredibly apparent. For example, there’s no mention of VDOT’s lack of cost controls or the fact that transportation projects are funded based, not on economic and engineering data, but rather, based on who does the best lobbying job. (Of course, the very same editors regularly slam others, including D.C.’s government for failing to implement cost controls and for letting lobbyists have their way.)

    Moreover, there’s no mention of development impact fees, which Maryland has and which the very same editors regularly praise, but which Virginia does not have. Similarly, there is no discussion of adequate public facilities laws, which Maryland again has and which the very same editors regularly praise, but which Virginia does not have.

    When it comes to Republicans and taxes in Virginia, the Post doesn’t even try to be fair anymore.

  7. To Vivian Paige: 1. As someone who grew up in Norfolk and Virginia Beach, I appreciate and enjoy your blog. Please, keep up the good work. But, please note that Governor Kaine’s staff informed me that because of this error, there would be $137 million LESS for the General Assembly to use for other purposes (tax cut, Chesapeake Bay, mental health, schools, or….transportation…i.e. the Third Crossing in Hampton Roads!!!!).

    To Anonymous 8:35 and Larry Gross: Look in the Washington Post and Virginian Pilot. Indeed, Bennet and Brown made no one aware. This coverup was discovered by the House-Senate JLARC committee during this summer. It came to light that former Secretary of Finance John Bennett knew about this error in December 2005 and – supposedly – made no superiors aware.

    I find it incredibly strange, and unlikely, that the Secretary of Finance would not tell the outgoing Governor, the incoming Governor, or the Chief of Staff who served both Governors about a $137 million error.

    But, you are correct that the schools get more. But, you also hit on another possible motive, if ther was less availabe in the general fund that might be used for transportation; that makes it seemingly more necessary to raise transportation taxes.

    As for a pattern, remember, this is the same John Bennett who knew of the pending budget surplus in 2004 and hid the numbers until just days after the vote to raise Virginia’s taxes.

    Look, I understand people making accounting errors. My wife won’t let me near the family checkbook. If it was just an accounting error, they would simply be incompetent. But, they intentionally hid the numbers for over six months.

    If they worked for a private company, under the Sarbanes_Oxley federal statute, they would be in trouble.

  8. Jim Bacon Avatar

    Tim raises an interesting issue. Was Bennett’s “oversight” in fact deliberate? Is he lying about “forgetting” to inform others about the error? Or was there, in fact, an agreement with the incoming Kaine administration to hide the truth?

    Frankly, I find that hard to believe. It’s one thing to break a campaign promise about raising taxes (as both Warner and Kaine did) and quite another to play games with the budget, in effect lying to the General Assembly.

    Tim, I wonder, what would be the basis for holding a hearing? How would you define the issues in such a way as to avoid making it appear as if House Republicans were looking for a Democratic scalp? (Let’s face it, given the tenor of the news and editorial coverage in Virginia, House Republicans have a higher standard of proof.)

  9. Anonymous Avatar

    Tim – you can have your conspiracy theories ahd hold your kangaroo court hearings if it happens again. And it is kind of tortured to argue this was an intentional effort to squeeze the GF a little harder since it came to light so late in the game.

    The General Fund option for tranpsortation funding is evaporating with the declining real estate market. The bubble is not burst, but the air is escaping quickly. Another $137 spead over two years is not significant.

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