Thursday, November 5, 2020

San Bernardino County grand jury says Upland was ‘deceptive,’ tried to hide pension costs

 The panel makes 16 recommendations for the city to follow

 Upland City Hall at 460 N. Euclid Ave. as seen on Monday July 1, 2019. A grand jury report from Nov. 2, 2020, found the city’s handling of unfunded pension liabilities “deceptive.” (Photo by Will Lester, Inland Valley Daily Bulletin/SCNG)

The San Bernardino County grand jury has found the city of Upland was “deceptive” and tried to hide information from residents when it removed the city treasurer’s annotation regarding $112 million in unfunded pension costs from several of his reports.

The panel’s report Monday, Nov. 2, said the city staff had removed handwritten notes made by the city treasurer on five different monthly treasury reports, from January 2019 to June 2019, without informing the City Council that the reports presented for its approval were altered.

Although the grand jury report said the staff’s action amounted to “a lack of proper government practices and transparency to its citizens,” it concluded that no laws were broken.

The grand jury said the issue of paying pension costs of retired employees is extremely important to determine the financial health of the city, but city management didn’t want the public to know this information “because it would result in the public asking too many questions of management personnel and elected City officials,” according to the report.

The grand jury concluded it was within the scope of the duties of the elected treasurer to include such notations, but added it was not considered “best practices.” City Treasurer Larry Kinley resigned on Aug. 10 citing the issue of his altered reports.

The city staff told the grand jury the information about unfunded pension costs was included in the city’s annual financial document and didn’t need to be added to the treasurer’s monthly reports.

In a five-paragraph statement released late Monday on city letterhead, the city said it is taking steps to be more transparent about its Unfunded Pension Liability (UPL). In the past two months, the City Council held a public workshop reviewing how to address the problem and continues to make “all required annual UPL payments,” the city said. The statement contained the name of City Manager Rosemary Hoerning as a contact but did not quote any city official.

City Councilman Bill Velto, who is running for mayor in the Nov. 3 election, said he needs more information before deciding what actions the city should take.

“I think we will have to do an internal investigation to find out who is ultimately responsible,” he said on Nov. 2. “It is easy to point fingers but we need a third-party investigation.”

Stone, in an emailed response on Tuesday, Nov. 3, said the city staff and City Council have discussed the issue of unfunded pension costs on several occasions and refutes the claim the city was covering up the information.

“It is absolutely untrue,” she wrote. “Since I have been on Council it has been mentioned and discussed numerous times.”

The grand jury said the evidence showed the city staff mismanaged the matter and that they could have simply attached a memo to the treasurer’s report concerning the pensions liability.

The panel made 16 recommendations that would correct what it called missteps that should be done by March 2021. They include:

• Investigating the matter and all the actions taken. The narrative and findings should be made public at a City Council meeting and on the city’s website, the grad jury said.

• In the future, any changes made to the city treasurer’s report after it is signed by the treasurer and submitted to the city clerk must be documented in writing.

• Hold an orientation for the new city treasurer, City Council and staff explaining the responsibilities of the treasurer according to California law. Also, reinstate all financial duties to the city treasurer that were previously taken away.

• Publish a comprehensive quarterly report on the city’s website that lists current pension costs, plus a 10-year cost projection.

The city stated it is reviewing the grand jury’s findings and recommendations and will present a more detailed response “in due time.”

Daily Bulletin
San Gabriel Valley Tribune
By STEVE SCAUZILLO
 November 3, 2020.

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