Report No. 07567, County Judge 7567
STATE ON' FLORIDA
OFFICE OF THE AUDITOR OENERAL
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*** MONROE COUNTY .c%%;
COUNTY JUDGE
As of October 15, 1970
7567
STATE OF FLORIDA
OFFICE OF THE AUDITOR GENERAL
Report on Audit
of the Accounts of
MONROE COUNTY
COUNTY JUDGE
As of October 15, 1970
Dated: August 2, 1971
\ 1^p STATE OF FLORIDA
P O➢'EIOE OF THE AUDITOR GENERAL
no"
ERNEST ELLISON.C.P. A. Tallahassee, Florida
AO°^o°oL"`"'L August 2, 1971
The Legislative Auditing Committee
of the Legislature
and the
Governor of Florida
Sirs:
Pursuant to law, I have directed that an audit be made of the
accounts and records of the
HONORABLE NELIO GOMEZ
COUNTY JUDGE
MONROE COUNTY
For the period beginning August 1, 1968,
and ending October 15, 1970,
and present this report thereon.
As the office is operated on the basis of fiscal years (October 1 to
September 30), the results of the financial operations for the entire fiscal
year 1967-68 are shown in this report.
SCOPE AND OPINION
An examination of the accounts and records was made in accordance with
generally accepted auditing standards, and accordingly included such tests of
the accounting records and such other auditing procedures considered necessary
in the circumstances.
The required financial records for the office of County Judge were
governed by the provisions of Chapters 44 and 219, Florida Statutes, and
regulations issued pursuant thereto. The attached financial statements were
prepared from information shown in the Judge's records.
1
The probate trust control account, subsidiary ledger, and dockets
were not periodically reconciled and balanced which let errors apparently minor
in amount go undetected. A number of erasures and overwrites in the cashbook
and changes and omissions on receipts issued were made which tend to discredit
the reliability of a permanent record. However, verification on a test basis
by other records and source documents did not reveal any material discrepancies
affecting the current financial statements.
There were no official records kept of fees earned and/or received
from the sale of copies made on the office copy machine.
In my opinion, subject to the comments above, the attached financial
statements present fairly the financial condition of the office of County Judge
at October 15, 1970, and the results of its financial operations for the fiscal
years 1967-68, 1968-69, 1969-70, and 1970-71 to October 15, in conformity with
generally accepted governmental accounting principles applied on a consistent
basis.
GENERAL STATEMENT
There was a shortage of 53,476.94 in trust account collections and a
shortage of $183.50 in public hunt management area permits and/or collections.
License collections for the State and fees for the county were promptly remitted.
Fees charged appeared to be those provided by law. Annual reports of income
and expenses were properly filed and unexpended budget balances were promptly
refunded .to the county. Records were not currently or properly posted until
after the close of the audit period, and internal control procedures were in
need of some improvement.
Detailed comments are made under appropriate headings.
RESOURCES AND LIABILITIES
At the close of business on October 15, 1970, cash was insufficient
in the amount of $3,660.44 to cover the liabilities in the Judge's trust account
as shown on exhibit A. This deficit was determined to be as follows :
Description
Amount
Collections Which had not Been Deposited in Bank or Otherwise
Accounted for by Remittance or Cash on Hand at October 15, 1970 $3,462.19(1)
Unidentified Cash Overage on June 18, 1969, Deposited
July 1, 1969 -1.00
Three Checks from Customers Which were not Honored by Bank 15.00
Shortages Shown on Daily Cash Checkout Sheets January 7, 1970, of
25 Cents and September 15, 1970, of 50 Cents .75
Public Hunt Management Area Permits and/or Collections (as
Explained Below) 183.50
Deficit
$3,660.44
Note: (1) Includes $205.19 copy fees not handled through official accounts.
2
The office copy machine was made available to and used by local
abstract companies for reproducing copies. The abstract companies paid the
Judge monthly various amounts totaling $503.15 during the audit period. The
amounts payable to the Judge were apparently determined by the company. Official
prenumbered receipts were not issued and, except for the payment of $32.85 on
July 8, 1969, these collections were not recorded in the cashbook, as required
by Chapter 219 , Florida Statutes, or deposited into the official accounts. The
Judge stated that the amounts received were used as a fund from which to purchase
printed forms which he required to be used in probate cases. There was no
contract or other official records noted to support the collections. The
Judge furnished invoices, totaling $265.11 for the audit period, which he
stated were paid from the funds received for the copies. The balance that
should have been on hand at the close of the audit period was not furnished
to or counted by the auditor. Therefore, the net amount of $205.19 ($503.15
less $32.85 deposited in official accounts and less $265.11 supported by
invoices) is included in the deficit at October 15, 1970.
The collections for the sale of public hunt management area permits
for the Game and Fresh Water Fish Commission were kept in an envelope in a
separate locked compartment in the Judge's vault. There were no written
official records of receipts and disbursements and there had been no remittances
at October 15, 1970, to the Game and Fresh Water Fish Commission for 1970-71
permit sales. A comparison of permit forms assigned with the cash and forms
in the locked compartment revealed that funds and/or permits totaling $163.50
had not been accounted for as of October 15, 1970. A tabulation of permits
assigned and funds and/or permits not accounted for is shown below:
Type of Permit Permits Permits Permits and/or Collections
Assigned on Hand to be Accounted for
10-15-70 Number Value ' Amount
Regular 100 69 31 $5.00 $155.00
Archery 25 9 16 5.00 80.00
Underage 20 19 1 2.50 2.50
Total Amount to be
Accounted for $237.50
Less, Cash on Hand 54.00
Funds and/or Permits
Unaccounted for $183.50
According to a sworn statement made by the Judge, he became aware of
the fact that there was a shortage in his official funds on the afternoon of
October 14, 1970. On the next day, the Judge notified the surety company of
the loss, discharged the clerk-bookkeeper from employment, and requested that
an audit of his accounts be made.
The audit examination of the Judge's records revealed that during
the audit period trust account daily collections were being held from 1 day up
to 125 days before they were deposited with the hank. The length of time any
one day's collections would be held before being deposited in the bank gradually
increased during the audit period with the longest period of time being for the
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June 9 , 1970, collections which were deposited on October 13, 1970. The total
of the daily collections held before being deposited varied from a low of S521.25
to a high of $5,751.20. It is possible that these various amounts collected
but not deposited with the other collections could have been missing or short
on the various dates involved.
At the close of business on October 15, 1970, there were 40 separately
prepared deposit slips with the checks and money orders attached as received in
the course of the particular day's business along with 827.00 in bills and $12.95
in coins. The combined amount of the 40 deposit slips totaled $5,701.70. The
money attached to these deposit slips , including checks and money orders,
amounted to $2,444.70 which left $3,257.00 unaccounted for.
Included in the undeposited collections on hand in the office at
October 15, 1970, were four checks, totaling $77, that were the personal checks
of the former clerk-bookkeeper. The oldest one was dated June 11, 1970. Such
delay in depositing the employee's personal checks may constitute the use of
public money for private purposes which is contrary to law. Also included in
the undeposited collections were numerous checks from customers dating back to
June 1, 1970. The undeposited collections, including the above checks , which
were on hand in the office at October 15, 1970, are shown on exhibit A as cash
on hand.
At the close of business on October 15, 1970, the outstanding checks
drawn on the Judge's trust account exceeded by $202.13 the balance held by the
bank for the Judge's trust account. This overdraft of the account was probably
caused by the fact that no record was kept for several months prior to this
date as to the actual balance available in the bank for disbursement by the
Judge.
The probate trust control account balance at October 15, 1970, was
$4,853.32 while $4,863.52 was the sum of the amounts shown on subsidiary ledger
sheets. Posting errors were noted on the earning sheets, control accounts,
subsidiary accounts, and dockets which would increase the control balance by
$51.50 and the subsidiary ledger $59.00. These errors resulted in additional
fees due to the county in some cases and refunds due back from the county in
other instances. Two errors totaling an increase of $33 in both the control
account and the subsidiary accounts were noted by the Judge's personnel and
corrected on the daily sheet for October 22, 1970. The remaining entries
necessary to correct the accounts should be determined and the necessary cor-
recting entries made to the records.
COLLECTIONS AND REMITTANCES
Trust fund collections, remittances, balances available, and the
amount unaccounted for are summarized on exhibit B.
REMITTANCES OF FEES TO COUNTY
Except for a few errors made in recording probate transactions,
fees collected or earned for the county were properly and promptly remitted
in accordance with the provisions of Chapter 44, Florida Statutes. A
summary of the fees collected or earned is as follows:
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Source of Fees Fiscal Year
1967-68 1968-69 1969-70 1970-71
to 10-15
Probate Earnings $ 9,242.40 $ 8,034.65 $ 9,001.25 $270.50
Marriage Licenses 1,361.25 1,446.75 1,410.75 63.00
Fishing, Hunting, and Trapping
Licenses 117.00 139.25 112.00 16.00
Drivers Licenses (1) 5,822.90 5,962.15 4,892.75
Miscellaneous 1 562_00 1,773.90 1,218.55 91.00
Total $18,155.55 $17,356.70 $16,635.30 $440.50
Note: (1) Beginning July 1, 1970 , drivers licenses were sold by the Department
of Highway Safety and Motor Vehicles, Division of Drivers Licenses,
instead of by the Judge's office.
RECEIPTS, EXPENDITURES, AND BUDGETS - OPERATING ACCOUNT
As provided by Chapter 44, Florida Statutes, the Judge submitted
budget requests to the county before the beginning of each fiscal year, and
received monthly advances from the county for his operating expenses according
to the budgets and budget amendments approved by the county.
A statement of the receipts , expenditures, and budgeted amounts for
the Judge's operating account is shown on exhibit C.
Annual reports were properly filed at the end of each fiscal year
with the Board of County Commissioners and the State Comptroller. Unexpended
receipts for operations were promptly refunded to the county.
Expenditures were held within budgeted amounts and were properly sup-
ported except the Judge's vouchers for travel did not contain the signed state-
ment of the traveler required by Section 112.061(11) , Florida Statutes.
COMPENSATION
Under the provisions of Section 145.061, Florida Statutes, the Judge's
annual compensation was $12,500 until July 10 , 1969 , when it was increased to
$14,000 by Section 44.12, Florida Statutes.
Due to a small mathematical error in the computation of the Judge's
salary check for July 1969, an overpayment of $21.65 was made to him. The Judge
immediately refunded the $21.65 from his personal funds to the county when the
error was called to his attention subsequent to the audit period.
RETIREMENT
Retirement contributions were properly deducted and remitted for the
Judge and all eligible employees. Other payroll deductions were also correctly
remitted.
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INTERNAL CONTROL AND RECORDS
Internal control can be defined as those procedures and records which
safeguard resources against waste, fraud, and inefficiency; promote accuracy and
reliability in accounting and operating data; encourage and measure compliance
with administrative policies; and judge the efficiency of operations. One major
feature of internal control is the system of keeping certain records which will
act as verifications of other financial records. Another major feature of
internal control is the organization and assignment of duties of personnel so
that the work of one person acts as a check on that of another. The most impor-
tant separation of duties needed among personnel are the functions of handling
cash and the maintenance of general accounting records.
Some improvement was needed in the internal control procedures of
the Judge's office. The controls and procedures described above may be used
effectively with the limitation of a small number of employees.
Records were not currently posted at the close of the audit period.
Most of the trust account transactions since May 31, 1970, had not been posted
to the cashbook as of October 15, 1970. Shortly after the end of the audit
period, the Judge completed the entries for the trust account. The cashbook
was kept in ink; however, throughout the audit period there were a number of
erasures and overwrites which made the amounts difficult to read and reflected
on the reliability of the records. Entries in the cashbook were not made daily,
as required by Section 219.04, Florida Statutes , and the amount of undeposited
cash actually on hand in the office was not accurately shown on the cashbook.
The dates shown in the cashbook for deposits of collections in many instances
were at variance by several days with the dates shown on the bank statements
for such deposits. The check numbers had not been entered in the payroll
register section of the cashbook for November 1968, December 1968, and March
1969 through September 1970. Except for the above items, the cashbook was
generally well kept.
Bank reconciliations had not been made for the trust account balances
since February 28, 1969, or for the operating account balances since November 30,
1969.
Estimates of funds expected to be on deposit in banks during the
ensuing month were properly reported monthly to the Clerk of the Circuit
Court as required by Section 136.02(2) , Florida Statutes.
Several minor errors occurred in recording probate transactions on
daily cash sheets, earnings sheets, probate dockets, and subsidiary ledger
sheets. If monthly reconciliations between the probate control account subsid-
iary ledger sheets and dockets had been made, these errors could have been
discovered and corrected.
Records were not kept for fees earned from individuals for the
reproduction of copies on the office copy machine.
A number of issued receipt forms were noted in which the amounts were
changed from those originally written, individual amounts were not totaled, the
retained copies were not carbons of originals, the payors were not listed, nor
were all of the receipts dated. These things tend to create doubt as to the
reliability of these particular source documents .
No entries had been made to employee earning records since April 30,
1970.
6
From June 1969 until the end of the audit period, the application
numbers and the numbers canceled (if any) were not shown on the monthly reports
of marriage licenses to the Bureau of Vital Statistics, and an office file copy
of the report for February 1970 was not located. From a review of the dockets
and other records, it appeared that the collections and remittances for these
licenses were properly handled.
The employees of the office were bonded.
STATEMENT FROM AUDITED OFFICIAL
A list of audit findings was submitted to the County Judge, Monroe
County. The Judge's written comments concerning this list are shown on
exhibit D.
EXHIBITS
The following exhibits are attached to and form a part of this report:
EXHIBIT - A Resources and Liabilities.
EXHIBIT - B Collections, Remittances, and Balances - Trust Account.
EXHIBIT - C Receipts, Expenditures, and Budgets - Operating Account.
EXHIBIT - D Statement from Audited Official.
Respectfully submitted,
(Signed) Ernest Ellison, C.P.A.
Auditor General
Audit made by:
(Signed) Willard G. Hale
7
EXHIBIT - A MONROE COUNTY
COUNTY JUDGE
RESOURCES AND LIABILITIES
October 15, 1970
TOTAL TROST OPERATING
ACCOUNT ACCOUNT
Resources
Cash on Hand $ 2, 594. 20 $2, 594. 20 $
Cash in Bank 5, 000. 10 5, 000. 10
Bank Overdraft -2o2. 13 -2o2.1g
Net Resources $ 7, 392. 17 $.2, 392,07 $5, 000. 10
DEFICIT 3, 660.44 3, 660. 44
Total $11 , 052. 61 $6, 052. 51 $5,000. 10
Liabilities
Unexpended Advance on Budget $ 5, 000. 10 $ $5, 000. 10
Probate Balances 4, 853. 32 4, 853. 32
Marriage License Fees to be Refunded 18.00 18. 00
Unremitted License Collections:
Marriage Licenses 77. 00 77.00
Fishing, Hunting, and Trapping Licenses 221.00 221.00
Public Hunt Management Area Permits 237. 50 237. 50
Fees for County 645. 69 645. 69
Total Liabilities 211, 052. 61 $6,052. 51 $5. 000. 10
EXHIBIT - A
8
MONROE COUNTY EXHIBIT -
COUNTY JUDGE
COLLECTIONS, REMITTANCES, AND BALANCES - TRUST ACCOUNT
August i, ig68 to October 15, 1g7o
Beginning Balances:
Cash on Hand $ 95. 50
Cash in Bank 3. 777.32
Total Balances, August 1, 1g68 $ 3. 872. 82
Collections:
Probate Deposits $ 20. 260. 13
Marriage Licenses 3, 866. 50
Fishing, Hunting, and Trapping Licenses 3, 881. 00
Drivers Licenses 79, 229.30
Fees Other Than Probate Earnings 18, 662. 59
Public Hunt Management Area Permits 237. 50
Total Collections $126, 137.02
Total to be Accounted for $130, 009. 84
Remittances:
Probate Deposit Refunds $ 678. 98
Bureau of Vital Statistics 3, 789. 50
Game and Fresh Water Fish Commission 3,660. 00
Department of Public Safety 79, 221. 50
Refunds for Drivers Licenses and Fees 9. 00
Fees to County 36, 598. 35
Total Remittances $123, 957. 33
Ending Balances:
Cash on Hand $ 2, 594. 20
Bank Overdraft -2°2. 13
Total Balances, October 15, 297o $ 2, 392. 07
Total Remittances and Ending Balances $126,349.40
DEFICIT 3, 660. 44
Total $130,009. 84
EXHIBIT - B
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EXHIBIT - C MONROE COUNTY
COUNTY JUDGE
RECEIPTS, EXPENDITURES, AND BUDGETS - OPERATING ACCOUNT
October i, 1967 to October 15, 1940
Fiscal Year Ended 9-30-68 Fiscal
Budgeted Actual Budget ludgeted
Difference
Receipts
County Appropriation $30.000.00 $28,700.00 S-1,300.00 $30.000.00
Expenditures
Salary of the County Judge $12,500.00 $12,500.00 $ S12,900.00
Salaries of Assistants and Clerks 11,400.00 $11,093.27 306.73 12,600.00
Expenses Other Than Salaries:
Travel $ 440.60
Telephone and Telegraph 382.54
Office Supplies 1,578.57
Other Administrative 316.30
Total Expenses Other fhan ,Salaries 3.800.00 $ 2.718.01 1,081.99 3,500.00
Equipment 1,000.00 $ 401.50 598.50 1.000.00
Reserve for Contingencies 1,300.00 $ - - 1,300.00
Total Budgetary Expenditures $30,000.00 $26,712.78 $ 3.287.22 $30,000.00
Balance Refunded to County 1,987.22 -1.987.22
Fund Balance
Total $30,000.00 $28,700.00 $ 1.300.00 $30,000.00
EXHIBIT - C
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EXHIBIT - C
Year Ended 9-30-69 Fiscal Year Ended 9-30-70 Fiscal Year Ending 9-30-71
Actual Budget 1ldgeted Actual Budget Budgeted Actual Budget
Difference Difference to 10-15-70 Difference
$30,000.00 $ - - $31.500.00 $31,000.00 $ -500.00 $31,500.00 $5.000.10 8-26,499.90
$12,860.36 $ 39.64 $14,000.00 $14,000.00 $ $14.000.00 $ - - $ 14.000.00
$12,072.50 527.50 12,000 00 $11,204.76 795.24 10,600.00 $ - - 10,800.00
$ 613.60 $ 408.65 $
347.05 361.92
882.59 778.39
1.468.16 2,565.60
S 3,311.40 188.60 4,500.00 $ 4,114.56 385.44 4,500.00 $ - - 4,500.00
$ 263.95 736.05 500.00 $ - - 500.00 700.00 $ - - 700.00
$ - 500.00 $ - - 500.00 1.500.00 $ - - 1,500.00
$28,508.21 $ 1,491.79 $31,500.00 $29,319.32 $ 2.180.68 $31.500.00 $ - - $ 31,500.00
1.491.79 -1,491.79 1,680.68 -1,680.68
5.000.10 -5,000.10
$30,000.00 $ - - $31,500.00 $31,000.00. $ 500.00 $31,500.00 $5,000.10 $ 26,499.90
EXHIBIT - C
11
F.%III/IT - ll MONROF COUNTY
COUNTY JUDGE
STATEMENT FROM AUDITED OFFICIAL
August „ 1968 to October 15, r97o
Ilclin Gmnaz, Emily Judge
Munrue Csunty Cmmflumd
Key 17esi lhdia
July 30, 1971 TelcnLanu
2944G41
Eel. 221
Honorable Ernest Ellison,
Auditor General,
P. 0. Pox 1735,
Tallahassee, Fla. 32302
Dear Mr. Ellison:
This will acknowledge receipt of the amended list of pre-
liminary and tentative findings on the audit made at my request
on October 15, 1970, and would like to take this opportunity to
bring certain matters up to date .
Of the three checks , totaling $15.00, from customers, which
were not honored by the banks due to accounts being closed, one
in the amount of $6,00 was redeemed by the maker and this sum
was re-deposited on February 24, 1971 after the audit period.
The makers of the two remaining checks, totaling $9.00, have not
been located and this deficit still exists.
On the deficit of $183.50 in public hunt management arca
permits, the sum of $33.50 was paid in restitution on November
2, 1970 after the audit period. Further payments wcro promised,
but none has been received. In order to bring this account up
to date so that: I would be in a position to close out the public
hunt permit year, I had to make up the remaining deficit balance
of $150.00 out of my own personal funds end remitted to the Flo-
rida Game and Fresh Water Fish Commission according to usual
procedure.
Thorn has not been any payment made in resti tution on the
$3,257.00 in cash which was missing from the h0 separately pre-
pared deposits that were returned to me on the night of October
lii , 1970.
Ny employees have always been bonded, the bond here being
POSITION SCHEDULE POND No. 22079-07-553-61, UNITED STATES FI-
DELITY AND GUARANTY COMPANY. }laving received the list of pre-
liminary and tentative findings, I did, concurrently with my
letter of July 28, 1971, filo a claim with the said bonding com-
pany for payeicnt of the above said deficits or shortages of'
$9.00, $150.00 and $3,257.00.
El/iBIT - D
ICont,nuedl 12
MONROE COUNTY EX0I MIT - D
Wort tr„„d,
COUNTY JUDGE
STATEMENT FROM AUDITED OFFICIAL
August +, 1966 to October 15, 1970
Immediot ly after the discovery of the missing funds, I dis-
cussed the matter with the 'Fenroe County Solicitor, Nflthsn M. Hden,
and his Assistant, Robert T. Feldman. At such time, it was decided
that it would be advisable to wait for the results of the official
audit. During this period the Solicitor 's office has boon kept in-
formed of any and all matters connected herewith.
I would also like to add the following comments on the records
in general. The few minor errors which occurred in recording pro-
bate transactions on the daily cash sheets, the earning shoot, the
probate docket and subsidiary ledger sheets have been corrected by
making the necessary correcting entries .
Those records which wore not up to date at the beginning of
audit are now up to date and on a daily- basis . Corrective steps
have boon taken on all other matters which wore criticized.
The following invoice for purchase of official supplies and
official county judge 's receipts after the audit period should be
set off against the deficit stated in Note (1) and arc mentioned
hero to indicate this deficit no longer exists:
Cabanas Printing & Offset Co. 4 88.15
Receipt No. 140349A 1-44.69
Receipt No. 1110393A 66.49
Receipt No. 11}1l5Of. 5.56
's205.19
Mr. Willard G. Hale of your Miami office has examined the
above and received Xerox copies thereof .
The duties of the present employees have been re-assigned so
that the work of one employee acts as a chock on that of another.
No longer does the bookkeeper handle the bank deposits . Even the
bookkeeping duties have been divided, and, in addition, I porson-
ally take the daily bank deposits to the bank.
I feel I hove done everything possible to improve the intern-
al control to safeguard against waste, fraud, and inefficiency.
Yours very truly,
f< e 7;7 , /
Ea l..o Gomez
County Judge
rrulMl. .
13