FALL 2006 FOCUS November 14-15, 2006 Higher Education Restructuring Act Financial & Administrative Standards Bill Cole, Deputy Auditor Auditor of Public Accounts

Higher Education Restructuring Act Financial and Administrative Standards  COV Section – Financial and Administrative Management Standards Unqualified opinion from the APA Unqualified opinion from the APA No significant audit deficiencies No significant audit deficiencies Substantial compliance with all financial reporting standards approved by the State Comptroller Substantial compliance with all financial reporting standards approved by the State Comptroller Substantial attainment of A/R standards approved by the State Comptroller Substantial attainment of A/R standards approved by the State Comptroller Substantial attainment of A/P standards approved by the State Comptroller Substantial attainment of A/P standards approved by the State Comptroller Such other financial and administrative management standards as the Governor may establish Such other financial and administrative management standards as the Governor may establish

Higher Education Restructuring Act Financial and Administrative Standards  COV Section B. 11 (Goal 11) … meets the financial and administrative standards as specified by the Governor pursuant to Section and included in the appropriation act, including best practices for: … meets the financial and administrative standards as specified by the Governor pursuant to Section and included in the appropriation act, including best practices for: Electronic procurement and leverage purchasingElectronic procurement and leverage purchasing Information technologyInformation technology Real estate portfolio managementReal estate portfolio management Diversity of suppliers through consideration of SWAMDiversity of suppliers through consideration of SWAM

Higher Education Restructuring Act Financial and Administrative Standards  …the Governor shall develop objective measures of financial and administrative management performance and related institutional performance benchmarks for the goals and objectives set forth in B 11.

Higher Education Restructuring Act Financial and Administrative Standards  2006 Appropriation Act ( K. 23) The Governor or his designees … shall develop additional standards to assess the extent to which an institution is well-managed in the areas of information technology, personnel, capital outlay, and procurement. The Governor shall report these standards no later than October 1, 2006 for consideration by the 2007 General Assembly. The Governor or his designees … shall develop additional standards to assess the extent to which an institution is well-managed in the areas of information technology, personnel, capital outlay, and procurement. The Governor shall report these standards no later than October 1, 2006 for consideration by the 2007 General Assembly.

Higher Education Restructuring Act Financial and Administrative Standards  2006 Appropriation Act ( K. 23) Until such additional standards are authorized by the 2007 GA, all institutions shall be subject to the following standards: Until such additional standards are authorized by the 2007 GA, all institutions shall be subject to the following standards: Completes no < 75% of all non-exempt purchase transactions through eVA and makes no < 75% of dollar purchases from vendors and suppliers who are registered in eVA; andCompletes no < 75% of all non-exempt purchase transactions through eVA and makes no < 75% of dollar purchases from vendors and suppliers who are registered in eVA; and Completes no < 75% of dollar purchases through leveraged cooperative contracts such contract is available, except when the institution can demonstrate that the cost < available leveraged contractsCompletes no < 75% of dollar purchases through leveraged cooperative contracts such contract is available, except when the institution can demonstrate that the cost < available leveraged contracts

What is Happening with the Standards in the Identified Areas?  Secretary of Finance working group Secretaries of Finance and Administration Secretaries of Finance and Administration Deputy Secretaries (Finance, Admin, Technology) Deputy Secretaries (Finance, Admin, Technology) House Appropriations staff House Appropriations staff Senate Finance staff Senate Finance staff APA APA DGS, VITA, DHRM DGS, VITA, DHRM Institutions of higher education (UVA, VT, W&M, LU, VSU, and VCCS) Institutions of higher education (UVA, VT, W&M, LU, VSU, and VCCS)

What is Happening with the Standards in the Identified Areas?  Capital Outlay Points for consideration Points for consideration Projects on schedule based on budgetProjects on schedule based on budget Comparison of GF to NGF projectsComparison of GF to NGF projects Centralized vs. decentralizedCentralized vs. decentralized  Subgroup is working! Nothing Finalized!

What is Happening with the Standards in the Identified Areas?  Procurement Points for consideration Points for consideration eVAeVA SWAMSWAM Purchases from leveraged cooperative contractsPurchases from leveraged cooperative contracts  Subgroup is working! Nothing Finalized!

What is Happening with the Standards in the Identified Areas?  Information Technology Points for consideration Points for consideration Information securityInformation security Major information technology projectsMajor information technology projects On schedule On schedule Within budget Within budget  Subgroup is working! Nothing Finalized!

What is Happening with the Standards in the Identified Areas?  Personnel Points for consideration Points for consideration Strategic workforce analysis and planStrategic workforce analysis and plan What are identified risks? What are identified risks? What is the institution doing to address the risks? What is the institution doing to address the risks?  Subgroup is working! Nothing Finalized!

Who is Responsible for Evaluating the Institutions?

Higher Education Restructuring Act Financial and Administrative Standards  COV Section – The APA shall promptly upon completion of the annual audit for each institution, certify in writing to the BOV chair, Secretaries of Education, Finance, and Administration, and GA Money Committee Chairs whether or not the institution meets all of the financial and administrative management standards currently in effect.

Higher Education Restructuring Act Financial and Administrative Standards  COV Section (cont’d.) - In addition, for any institution required to develop and implement a plan of corrective action under Section , the APA shall at the time of making the certification provide a written evaluation of the institution’s progress in implementation of the plan and in meeting all the financial and administrative management standards currently in effect.

Higher Education Restructuring Act Financial and Administrative Standards  COV Section – Par. B and C Any institution that does not meet all of the financial (par. B) and administrative (par. C) standards … shall develop and implement a plan of corrective action for purposes of meeting such standards as soon as practicable. BOV chair shall provide copy of the written plan to the APA and Secretaries (E/F/A) promptly upon completion of the development of the written plan. Any institution that does not meet all of the financial (par. B) and administrative (par. C) standards … shall develop and implement a plan of corrective action for purposes of meeting such standards as soon as practicable. BOV chair shall provide copy of the written plan to the APA and Secretaries (E/F/A) promptly upon completion of the development of the written plan.

Higher Education Restructuring Act Financial and Administrative Standards  COV Section :1.01 – Assessment of Institutional Performance Paragraph C – The State Council shall annually assess the degree to which each institution has met the financial and administrative management and educational- related performance benchmarks. The Council shall request assistance from the Secretaries of Finance and Administration for purposes of assessing the financial and administrative management performance benchmarks. Paragraph C – The State Council shall annually assess the degree to which each institution has met the financial and administrative management and educational- related performance benchmarks. The Council shall request assistance from the Secretaries of Finance and Administration for purposes of assessing the financial and administrative management performance benchmarks.

Higher Education Restructuring Act Financial and Administrative Standards  COV Section :1.01- Paragraph C (cont’d.) No later than June 1, the State Council shall provide a certified written report of the results of such annual assessment No later than June 1, the State Council shall provide a certified written report of the results of such annual assessment Those institutions certified by the State Council as having met the financial and administrative management and educational- related performance benchmarks shall be entitled to the financial benefits set forth in Section Those institutions certified by the State Council as having met the financial and administrative management and educational- related performance benchmarks shall be entitled to the financial benefits set forth in Section

Higher Education Restructuring Act Financial and Administrative Standards  2006 Appropriation Act Section … the following education-related and financial and administrative management measures shall be the basis on which SCHEV shall annually assess and certify institutional performance. Institutional performance measures set forth in par. K shall be evaluated year-to-date by the Secretaries of Finance and Administration, as appropriate, and communicated to SCHEV before 6/1 of each year.

So Who is Responsible for Evaluating the Institutions? A. SCHEV B. Secretary of Finance C. Secretary of Administration D. Auditor of Public Accounts E. All of the above

Financial Management Standards Unqualified opinion from the APA Unqualified opinion from the APA No significant audit deficiencies No significant audit deficiencies Substantial attainment of A/R standards approved by the State Comptroller Substantial attainment of A/R standards approved by the State Comptroller Substantial attainment of A/P standards approved by the State Comptroller Substantial attainment of A/P standards approved by the State Comptroller Substantial compliance with all financial reporting standards approved by the State Comptroller Substantial compliance with all financial reporting standards approved by the State Comptroller

Audit Deficiencies  No significant audit deficiencies – What does that mean?  New AICPA and Yellow Book Definitions Material weaknesses Material weaknesses Significant deficiencies Significant deficiencies

AICPA Standards, SAS No. 112, Communication of Internal Control Matters  New definitions  New thresholds  New reporting timeframes

Definition  Control Deficiency – Exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. Design – control is missing or existing control is not properly designed Design – control is missing or existing control is not properly designed Operation – properly designed control does not operate as designed or person does not have necessary authority or qualifications to perform the control effectively Operation – properly designed control does not operate as designed or person does not have necessary authority or qualifications to perform the control effectively

SAS 112 Definitions A control deficiency with more than a remote likelihood that a misstatement: Is greater than inconsequential = significant deficiency Is greater than inconsequential = significant deficiency Is material = material weakness Is material = material weakness

SAS No. 112 Reporting Considerations  In writing to management and “those charged with governance”  Not later than 60 days after audit report issued  Other issues - material audit adjustments, prior year uncorrected, shock and horror to our auditees

Significant Deficiencies  Insufficient controls over, or expertise in, selecting and applying accounting principles in conformity with GAAP  Insufficient antifraud programs & controls  Inadequate controls over non-routine and non-systematic transactions  Inadequate controls over the period-end financial reporting process

Significant Deficiencies, Likely Material Weaknesses Strong indicators of a material weakness in internal controls:  Ineffective internal control over financial reporting.  Restatement of previously issued financial statements.  Audit adjustments to current financial statements.  Ineffective internal audit function.

Significant Deficiencies, Likely Material Weaknesses  Ineffective regulatory compliance function.  Identification of fraud by senior management.  Failure by management to correct a previous significant deficiency.  An ineffective control environment with various control deficiencies.

Effect of the New Definitions Old DefinitionsNew Definitions Material Weakness Reportable Condition Significant Deficiency Management Letter Comment Other Control Deficiency

What is the Impact of SAS 112 on Financial Management Standards?  Does significant audit deficiencies = AICPA significant deficiencies?  NO!  Does significant audit deficiencies = AICPA material weaknesses?  Probably! But not absolutely 100%!  Decision is up to APA’s judgment

QUESTIONS?