Audit passes judgment

BY JIM MUSTIAN
THE DAILY IBERIAN
Published/Last Modified on Sunday, December 7, 2008 6:08 AM CST

Former Iberia Parish Sheriff Sid Hebert exercised poor judgment in some financial decisions that left Sheriff Louis Ackal’s administration in somewhat of a hole, but few, if any, of the findings in a recently concluded forensic audit could result in legal penalties against the former sheriff, said C. Burton Kolder, the Lafayette auditor whose firm conducted the audit.

Ackal said he expected the findings to reveal a more condemning assessment of Hebert’s accounting, and the audit makes no mention of any mismanagement of funds in relation to the Iberia Parish Correctional Center, which Ackal, upon taking office, had cited as an impetus for conducting his own third-party audit.

But Kolder, whose firm audits 15 sheriff’s offices annually, described the amount of deficiencies listed in the audit as “more than normal,” adding they exceeded the amount found in any other sheriff’s office he audited this year. He said the most alarming finding of the audit, perhaps, was that Ackal’s administration inherited a severely depleted general fund — $1.68 million — that only covered about a month of expenditures.


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Kolder said standard practice calls for about three months’ worth of expenditures to be left over so the incoming administration can avoid excessive borrowing. Ackal said the cash left over was “only sufficient to make the first payroll” and that “funds had to be borrowed to pay staff.”

“We haven’t completely analyzed the auditor’s findings,” Ackal said Friday in a prepared statement. “But these specific findings alone indicate to me that Hebert made very poor financial decisions for the citizens of Iberia Parish.”

In the long run, Kolder said, the Sheriff’s Office would be hamstrung by a number of contracts the previous administration committed to over the years with Iberia Parish and the city of New Iberia that “are not well-written in favor of the Sheriff’s Office.” The auditor cited in particular the parish jail as being problematic in that Ackal’s administration only receives a fraction of its operating costs from the parish.

“This is something that’s evolved over the years and it’s going to take some time to fix it,” Kolder said.

The audit, a copy of which was obtained Friday by The Daily Iberian, identifies one instance of noncompliance and two significant deficiencies in internal control considered by the auditing firm to be “material weaknesses.” 

The noncompliance comment notes there was no documentation maintained on vehicle purchases between $10,000 and $20,000, indicating a possible violation of public bid laws.

The audit also cites one management issue as a possible violation of the Louisiana Constitution, namely a finding in which an auditing consultant of Hebert’s identified  as “questionable and/or not appropriate” $1,088  in credit card expenditures that Hebert later reimbursed. “Management should practice appropriate business purchases and should not expend public monies to identify inappropriate/questionable expenditure practices by the Sheriff,” the report states.

In a telephone interview Friday, Hebert said some confusion had resulted from his serving on multiple governing bodies at the same time and that he was unsure who had spent the money and what it was for. He said he decided to reimburse it out of his own pocket.

In a press release sent to media late Friday afternoon, Ackal stated the auditor “made Hebert pay $1,088 in charges because the charges were of a personal nature.” Ackal’s statement enumerated seven “management issues” in all, based on the auditors’ findings, that “caught his eye.” He said the disclosure that Hebert spent more than $145,000 last fiscal year on advertising and public relations could stand in “violation of the Louisiana Constitution.”

“There were a lot of billboards around the parish,” Ackal said. “There were many put up on a monthly basis bragging about the office it serves. That’s self-serving.”

The audit states 86 percent of that money was paid to one vendor — Kolder could not recall the name of the vendor but said it was a marketing firm that sells advertisements such as billboards — but makes no mention of the expenditures being unconstitutional.

“There’s no question it was excessive,” Kolder said, adding an office the size of Iberia’s would conservatively spend about $25,000 on advertising and public relations. Steve Elledge, counsel to the Sheriff’s Office, estimated Ackal’s administration would spend “around $10,000” in that category.

Hebert said some of the money likely was spent as part of an effort to improve hurricane evacuation information dissemination that included an emergency preparedness Web site.

In his press release, Ackal also said Hebert failed to address capital needs for the past several years “necessitating acquisition of a new fleet of patrol cars to properly police the city of New Iberia and the parish of Iberia.” The audit did not explicitly reference the patrol cars.

Hebert defended what he called his piecemeal approach of replacing “10 or so” cruisers each year, saying it was a better business decision at the time. He also questioned whether Ackal will be able to pay back the some $4 million he borrowed in part to purchase the new fleet.

After listening to Ackal’s list of concerns over the phone, Hebert said, “None of them have anything to do with a legislative audit report. Typically, you’re going to have some cited deficiencies in any year.” He continued, “If you don’t like why I did it, fine. But it’s not criminal. It’s now time for him to be sheriff and solve the problems of the community.”

The audit will be sent this week to the state legislative auditor, whose office will assign a letter grade to the audit. Kolder declined to speculate as to what grade the Sheriff’s Office can expect but said it could expect the state to intervene if the deficiencies found this time persist in years to come.

Comments

    Felton Carmouche wrote on Dec 10, 2008 5:38 PM:

    " The main problem I found with this article was it did not include a picture of Ackal with his foot in his mouth. It's time for him to quite talking about what he "thinks" Hebert did wrong and start working on his goal of ZERO crime in New Iberia. Bottom line is Ackal looks like a complete fool and proves he is only 2 shakes of a lambs tale from being nominated to replace Bozo at the circus when it comes through. He said that the audit would find "CRIMINAL" wrongdoing? So what happened? "

    Max wrote on Dec 10, 2008 3:48 PM:

    " The former sheriff passed the audit, the new sheriff should move on he has a job to do. To serve and protect. You can't do that while holding press conferences. Do the Job you get paid for sheriff. "

    good luck wrote on Dec 9, 2008 5:25 PM:

    " Looks like the jail staff came out okay! May be things wasn't as dirty as Ackal claim at the jail. Go warden reberta you did a good job. "

    to spanishlake wrote on Dec 9, 2008 5:19 PM:

    " Ackal is NOT clearing the slate as you claim! If he were, he would accept the results of the audit and move on! No, he now "Passes Judgement" that Hebert spent too much money in his last year of office. Don't you think if the spending was illegal the auditors would have said so? Come on guy, Ackal can't accept the final out come nor can you! Trust me there will be plenty of time to audit the Ackal administration and I'm would bet that the results will be gravely different! What a bet??? "

    my opinion wrote on Dec 9, 2008 5:13 PM:

    " "Audit Passes Judgement" I believe that Ackal is passing judgement not the audit/auditors. The spending may have increased in Hebert's last year of service but that doesn't mean that it was illegal. If it was, don't you think the auditors would have said so? Ackal is passing judgement alone not the auditors. The headling should have read "Ackal Passes Judgement"! Ackal has passed judgement since day one and now there is proof that Hebert did nothing wrong and he still can't accept it! May be Ackal needs judging? "

    citizen wrote on Dec 8, 2008 2:12 PM:

    " To deputy's dad. Yes I would say that to his face. I have in the past.. I got no love for Sid. In fact I voted for Louis-but when he acts an idiot-I calls them as I sees them. "

    agree wspanishlake wrote on Dec 8, 2008 8:49 AM:

    " Every elected department head should have their department audited when leaving office . Accountablity would drive honest goverment "

    wheres mine wrote on Dec 8, 2008 7:15 AM:

    " spanish lake - the sheriff and the cities ARE ALREADY AUDITED! They just don't use the audit as a grandstanding opportunity like the joke we have now, and you don't bother to avail yourself of the information already available. This was a total waste of $40,000 to $60,000 dollars. Throwing them in the toilet would have gotten the same result. And it was BORROWED MONEY! If you can't see how wrong that was I really feel sorry for you. "

    spanishlake wrote on Dec 7, 2008 5:22 PM:

    " I think it should be the rule that we audit the old sheriff when he leaves. It would then make the new sheriff more accountable. Ackal is not an idiot, he is clearing the slate. When ackal leaves office, he should be audited also. This kind of audit keeps everyone honest. We should audit the mayors and everyone else. This is good business. "

    citizen2 wrote on Dec 7, 2008 4:33 PM:

    " Citizen,
    Be open minded. Louis is trying to share with the people who elected him the road blocks in office he's running across. Atleast he is being honest. Don't you think we have a right to know what is going on and has went on? he is doing "exactally" what he was elected to do. That's to keep the people of Iberia parish aware of problems and changes.
    If he would just let it all rolloff his back, later you'd blame him for hiding info. "

    A Deputies Dad wrote on Dec 7, 2008 3:22 PM:

    " I wonder if *Citizen* would be so bold face to face? "

    local mocal wrote on Dec 7, 2008 1:51 PM:

    " I agree someone tell the fool the elections over quit ggrand standing a solve some of the crimes. "

    Just what I expected wrote on Dec 7, 2008 10:05 AM:

    " I see that Ackal now has to find another kind of excuse to blame the previous administration for his faults! His careless spending is why payroll could not be made Not because the department was left financially strapped! Instead of going in and assessing what he had, he went in pruchasing every item he FELT he needed. Now the question is HOW/WHO will pay the price for his actions? My guess is all departments except PATROL by salary adjustments and the like. "

    Drivers wrote on Dec 7, 2008 10:01 AM:

    " Well, it looks like Ackal didn't get the results that he was exspecting! He complains that Hebert made poor financial decisions....HMMM When Hebert was in office this forum was full of complainers about his department and now that Ackal is in office the forum writers are called complainers. Why is there a difference? Oh, the driving force is different now and that aggravates the Ackal supporters RIGHT? "

    citizen wrote on Dec 7, 2008 9:08 AM:

    " Louis, you're an idiot-quit grandstanding and do what you were elected to do. The election is long over. "

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