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The Midway

It Pays to Be DART Board Chair

Wed Jan 23, 2008 at 04:33:59 PM

The biggest issue facing Dallas Area Rapid Transit right now is the growing drumbeat for an independent audit, based on DART’s billion-dollar budget goof. That means some accounting firm may get the job of doing an overall performance audit. And the first one in line for that job might be Deloitte & Touche, DART's external auditors.

I guess Deloitte might also be viewed as having an interest in not having some other accounting company review its work for DART. Let’s assume the accounting firm would like the job, and wouldn’t want to have problems that might knock it out of the running.

So this: At the tag-end of a long presentation to the DART board’s audit committee, a representative of Deloitte made the following announcement to the committee members: “One additional item,” said Deloitte employee Terry Kile. “As a part of every audit we look to make sure we maintain independence, and we’re always looking at areas of independence to make sure that that is appropriate.

“We identified a matter -- last week, actually -- and it’s an affiliate of Deloitte & Touche, Deloitte Services. Some of their human resources folks had gone into a contract with your board chair, Miss [Lynn] Flint Shaw, to pay her about $20,000 on an annual basis to help identify ways in which the accounting profession might be promoted among minority students and local high schools.”

A personal note here. I got word of this several days before the meeting, and I had been asking DART about it. DART spokesman Morgan Lyons confirmed to me that some kind of contract between Flint Shaw and Deloitte had been canceled. No details. Naturally, I was all ears when this Deloitte guy brought it up at the meeting.

“It came to my attention last week,” he said. “We terminated the contract last week.”

O.K. But listen to this:

“We paid her about half of that amount," Kile said. "In working with our independence folks, we looked, and we said that the amount that we paid, about $10,000, is not material to us, DART, or to Miss Flint Shaw.”

Hit the "pause" button for a second.

Shaw is being investigated by the Dallas County District Attorney right now about an accusation that she forged an official document with Craig Watkins’ signature in order to avoid paying back a personal debt of $7,500.

In a separate matter, I have reported here that at least $17,000 in her recent city council campaign finance reports did not go to the guy to whom she said she paid it, according to the guy -- lawyer Michael Sorrell, also the president of Paul Quinn College.

I think 10 grand is important to her. By the way, 10 grand is important to me. Is 10 grand important to you?

Kile said: “We didn’t think that that impaired her independence in any way. However, our office standards required that we do notify you of that. Also, your own policies require that we fill out a conflict of interest form, and that’s attached to that letter as well.”

After a pause so pregnant I was beginning to think it needed a Caesarean, audit committee chair Raymond Noah said, “I have a suggestion to the board that we receive this notification and place it in the hands of the general counsel for purposes of review and comment.”

I called and spoke with Deloitte spokesman Jerry Bennett yesterday. He said he would get back. Radio silence. Called again today. He said, “Jim, we don’t talk about contracts with vendors, nor do we talk about our clients.”

I asked what Deloitte’s policy would be generally on entering into side deals with directors of companies it audits. He said, “I’m not certain that that’s something that I’m prepared to discuss with you.”

I asked if Deloitte has any conflict policies. He suggested I put my question in an e-mail. I did that. He e-mailed me back: “In response to your question, Deloitte does have conflict policies that are internal to our organization. We do not disclose those policies publicly."

Here is one of my questions, which I think I will put in the form of a blog item rather than another e-mail: How many other undisclosed side-deal contracts does Deloitte have with DART board members? Is Deloitte or any Deloitte “affiliate” paying money to DART directors for any reason at all?

The directors are supposed to vote thumbs up or thumbs down on a contract worth approximately $2 million over five years to Deloitte. Why would Deloitte have a contract like this with a director?

How many more deals like this with other DART vendors does Shaw have? How many deals do other board members have?

This particular deal popped out, I must assume, because of all the pressure cooked up by Shaw’s other legal problems and by the political pressure surrounding the billion-dollar budget goof. Somebody at Deloitte must have felt the heat coming. But how many more deals have not popped loose yet?

Another question: When Deloitte was auditing DART, did Deloitte not notice that DART was about a billion dollars short on its construction budget? Is that not Deloitte’s job?

Of course if it did notice it and if it had brought it out, that would have been very embarrassing for the DART board. Real embarrassing. Is there something about the relationship between Deloitte and DART board members or DART board chairpersons that tends to make them not want to embarrass each other? --Jim Schutze

Category: Schutze

24 Comments:

gabz says:

WHATWHATWHAT!!!!!!

omg, this get's better and better. netxt time, will be sure to have popcorn....

religion of bacon says:

a contract with your board chair, Miss [Lynn] Flint Shaw, to pay her about $20,000 on an annual basis to help identify ways in which the accounting profession might be promoted among minority students and local high schools

Isn't that a bit like paying Kenneth Lay to come up with ways to motivate high school students to want to become corporate executives?

I'd like to hear what bright ideas she actually came up with for that $10,000 fee.

Jeff W says:

No, it's not the external auditor's job to assess the accuracy of an organization's internal budget. The external auditor's duty is to assess whether the auditee's financial statements are reasonably stated. The budget may be reviewed as part of that process, but it is not an auditor's job to opine on that document. Auditors will generally shy away from opining on such documents due to the obvious risk involved.

It sounds like the type of audit being contemplated is a totally different type of audit. In fact in the audit profession, it's generally not preferred to as "audit" but as "agreed upon procedures." It essentially means an external auditor would come in and assess DART's internal controls for glaring holes and possibly suggest corrective action. One of those areas in obvious need of corrective action is the budgeting process.

If DART were publicy traded, my guess is that Deloitte would not be allowed to perform the audit due to the fact a company's external auditors are limited as to how much internal audit work they can do. Such an entanglement would impair their independence.

Schutze is correct in that having Deloitte do an additional audit is probably not a sensible thing to do and also correct in that this independence issue appears to have been dealt with VERY clumsily by Deloitte. (The audit firms generally have stringent checks to avoid these kinds of screw-ups.) Still, the accusation that somehow Deloitte is complicit in DART's inability to prepare a proper budget only serves to discredit the entire blog posting from my point of view.

Bjorn says:

At what time is it right for the Feds to get involved and investigate? As a citizen who is affected by having a BILLION dollars missing from my public transportation system, I think we should be trying to get forces bigger than DART and Deloitte to investigate because this looks like more corruption than even the Trinity disaster is.

Seroiusly what is happening to this country? Greed is getting out of control. Hello Gov't please investigate this!

Go Get 'em Jim!

Matt says:

I'm with bacon -- I'd like to see exactly what she produced for $10K. And if it's not material to her, then there should be no problem with her promptly returning it.

Surely DART has some conflict of interest / ethical policy that prevents the board members from being on the payroll of their vendors.

JimS says:

Based on JeffW's post, I'd say he knows what he's talking about, where I admit I need help. That is why I made multiple calls and emails to Bennett at Deloitte and tried to get him to explain Deloitte's position. Of course, I was asking him about conflict policies in particular, and JeffW is writing about how auditing works in general. Deloitte might have foolishly assumed I already knew that part. Anyway, Jeff W's post is very helpful. The conflict policies that Bennett didn't want to disclose to me, by the way, are published on Deloitte's home page http://thecaq.aicpa.org/Resources/Ethics+and+Independence/
. I am struggling along in my own bumbling way to interpret them for myself, which I hope gives Mr. Bennett great comfort to know.

sandra crenshaw says:


At the time that this blog was being written, I was at DART headquarters trying to find a map of the proposed blue line extensions to determine how many YARDS from my family's home is DART planning to put a rail station. I had just left the council meeting urging the council to exercise any fidiciary oversight authority in the DART matter, however I would like the council to stay out of Dallas Area REGIONAL Authority's operations. If Dallas wants to be an 800 lb gorilla and allow the suits to dictate where rail is supposed to go, when, and where,in the name of economic development and ignoring the public transportation needs of the citizens, I am going to lobby the legislature to create a regional authority that would answer to the county or the state to avoid these territorial battles lead by Hunt, who made my argument in her response affirming that she thinks the council should advocate for dallas first, specifically for the Central Business District and souther sector development. If the turf battles between members cities is not enough to make you sick, know this, southern sector council member HIll has declared turf battles within the dallas city council furthering my argument for an independent regional authority. In 1994, while I served as the vp of the city's transportation committee, the council joined me in sponsoring a resolution delaying the extension of the blue line in support of continuing rail north to provide transportation for southern sector rides to jobs located in the member cities and to allow those cities more convient opportunities to spend money into our city's coffers. At that time, the entire southern sector was opposed to rail anywhere on Lancaster Road period however, extending the rail south on the eastside of the road and through my neighborhood presented additional cost considerations to address the topgraphy of the hilly land also located in a floodplain having to cross over a large creek notwithstanding running adjacent to a recreation center and now site of a new elementary school,noise abatement for our bedroom neighborhood, and now a police substation with emergency response and public safety issues for pedestrian crossing south at Camp Wisdom Rd, a six lane divided major throughofare in the southern sector. The current plans also call for a spur east to Bonnie View RD. DART advised me that the only way they can make adjustments to accomdate our concerns and to ensure that the rail does not run at grade level at Camp Wisdom, east on Simpson Stuart RD or Bonnie View is to get 8 council members to pass a resolution. After inviting Hill and Atkins to schedule a time to meet with us regarding these issues, I began to lobby the members of the city's now transportation and environmental committee. At yesterday's meeting, southern sector council member Hill advised me that she and Atkins have instructed their colleagues on the council that since the proposed blue line extensions run in their districts (98% in Atkins, a few yards in Hill's district)that all concerns must be addressed to them and nobody on that council is going to talk to me about my concerns. She further stated that she thinks that I am grandstanding and that I better not ever come to that council and front her off again. I reminded her that when I was on the council I voted against extending that line for reasons above and that I still live in the impacted community so how in the hell could she consider I am grandstanding trying to protect my family's interests. I am still an elected neighborhood leader and that I am the most knowledgle and the best position to articulate the neighborhoods concerns. Further, more other leaders are assigned to lobby she and Atkins, and I was privately lobbying the others until some of them said that Atkins and Hill threatened them that they better vote with them on this issue. That is the ONLY reason why I am having to go public with this battle and if she wants to call that grandstanding, then bring it on. She instructed me to address my concerns to her and then SHE and Atkins will schedule a meeting to hear our concerns. (Please follow the public corruption trials this spring, where these type of meetings hosted by council persons are infiltrated with folks who don't live in the community but support and argue against the impacted residents concerns to give the council representative justification to vote their personal convictions and then when there is community-wide outrage, these representatives play the race card and lay it on white folks. There is no rail anywhere in the entire DART system running down the middle of the road except Lancaster blue line, The citizens tell us "These white folks did this on purpose when it was their black representatives threatened the white people to support this at the taxpayer's expense. I reminded Hill that when Fantroy the former council member, announced plans to revist this extension over our opposition, Fantroy told us at HIS town hall meeting that it was not enough votes in our neighborhood to be concerned about what we wanted or did not want and he killed zoning requests that we supported and supported requests that we were opposed to and that the entire council voted with him. He told the council on public record that there were only two people in my neighborhood that were opposed to everything that he wanted when in one zoning case affidavits were filed with the zoning commission in support of a project that he opposed in support of business interests. (Follow the trial, this will soon be all public information) I also reminded her that under this type of governance,when the single member district representatives insist that the council votes the way they want them to instead of what is in the best interest of the entire city and here the entire DART region, all citizens have to pay the costs in money and the impacted community has to live with these decisions. Hill responded "Well that's the way things will be run here at city hall and that's it. When I reminded her that type of governance creates an environment that is vulnerable to public corruption, she said too bad, the rest of the council will not listen to you. I reminded her that the blue line costs 44 million dollars than the DART recommended route. I advised her that I will go to the town hall meetings of any of her colleagues who vote on the dictates of one council member at the expense of the taxpayers. I think that those council members will then take their dictates from their constients versus what Hill or ATkins say. When individual councils members, be it Hunt of ATkins who reroute rail for the benefit of the business community at our expense, those council members should be held accountable by their consituients. Be it known here that the Downtown Central Business District wants the taxpayers to spend 300 million dollars for an underground tunnel downtown to route the riders that look like me ( I'm black ) who hang out and loiter at the WEst end transfer center. These are the same folks who panhandle,pilfer, and loiter at what little retail and commercial outlets reducing potential investors in their own neighborhoods.Studies show that the people in my neighborhood have cars and we will drive north to avoid shopping under these type of conditions. Try getting the police to stop panhandling in front of minyards or the mall (REdbird ) in the south and see if panhandling is tolerated in the north These same riders killed all the movie theatres in the southern sector. Hunt wants them routed underground so that visitors and residents DOWNTOWN in HER district don't have to be threatened by them and then she supports a RAil station to dump these same riders within yards of our homes ,like we want them in our neighborhood!!!!!!!! Our homeowners associations in Singng Hills work hard to to keep our neighborhood clean and keep our children in school and out of trouble. The black flight from our neighborhood to the suburbs is tremendous leaving boarded vacant houses and bringing section 8 into our neighborhood and reducing tax dollars IF and Until the Dallas city council fulfills it's responsibilty to provide adequate recreational outlets, crime prevention, adequate schools, libraries, code enforcement and infrastructure for ALL the neighborhoosd in the southern sector, they need to let DART address our public transportation needs instead of rerouting DART for their business supportors then maybe NONE of us would mind have a rail stop in our community residential or business. Atkins nor Hill live in our neighborhood, however ATkins and his predecessor support this stop inspite of higher costs and neighborhood opposition because the land adjacent to this Planned DART stop is owned by a business interest who loaned Atkins several hundred thousand dollars (visit Dallas Observer DEadbird)to bail Atkins out his financial troubles at the city's redbird airport. After being evicted from the airport by the city, Atkins countersued and instead of the city appealing on soverign immunity, they settled for 3 million taxpayer dollars. ATkins, the Mayor and the Mayor's black political consultant, a prominent DJ, Willis Johnson twisted the DART board to make Lynn Shaw the chair. On this blog, there are indications that Shaw is deep personal financial problems (not unlike many of us ) but the Mayor pushed for this woman to lead an organization that has not accounted to the public. Who's protecting who? Why is Hill trying to back me down? Hill needs to address all the potholes and trash in the old Gibson building on Ledbetter that is the portal entry to our middleclass Singing Hills so it will not become like South Dallas. Where she and the city are responsible for econmic development instead of trying to run DART. and talking about me is not going to stop me from coming to city hall to hold black folks at that horse shoe accountable. Atkins and Shaw's Husband Rufus Shaw are SMU graduates and personal friends. With Shaw at the helm and threates against any intrusion from other council members, Atkins has free reign to direct the rail station adjacent to his former business partner's property now owned by his partner's son-in-law and now zoned for retail. Mitch Ransanky advised the council that he takes issue with my 8 votes approach in support of deferring to the council district representative. When Fantroy asked for 75,000 dollars of tax money for Paul Quinn College CDC, then councilmember Alan Walne discouraged council support because FAntroy was the treasuer of the organization. Fantroy played the race card and just like the 44 million boondoggle on Lancaster Rd, the rest of the council caved in and approved these projects. Next month, Fantroy is facing conviction from taking money from Paul Quinn College CDC, I told Mitch that I think that if he was on that council that voted to give the group money with a sitting councilmember, the treasuer, then he and the other council members should be convicted right along with FAntroy. I closed with telling HIll that our elected officials are stewards of our tax money and when they do not adhere to all safety precautions to protect our money and spend it judiciously, they are just as criminal as the Ken Delay and others. What do you think? Please share your concerns with your council representative. We're all in this together. The mayor wants us to believe that by giving bowl cotton bowl tickets and requiring that campaign reports be filed onlilne ( the reports are already on line mayor)that he seeks to restore public trust in city hall. The Mayor and council need to do alot more than giving back tickets.

jimbo says:

can someone teach sandra what the 'enter' key is for...I felt like I was reading Ulysses, especially after I woke up.

Forget run-on sentences... that is a run-on-and-on paragraph

Damn, my eyes hurt.

Nathan says:

Paragraphs Sandra, they are a good thing.

religion of bacon says:

Maybe the blog software should force a paragraph break every 25 lines or so?

Poor JimS, he's probably going to feel a journalistic obligation to read the whole thing...

BR says:

Ms. Crenshaw

Paragraphs would be helpful.
I believe there are several valid reasons Ms. Hunt and various business leaders want bury the DART line downtown.

1. Another surface line would have a significant impact on car traffic Downtown...especially during rush hour.
2. DART trains are too long to stop on the north/south blocks without completely blocking traffic on one end.
3. Below grade alignment would significantly increase the speed of the new lines through downtown. Have you noticed how long it takes the trains to make it though the transit mall currently?
4. The two lines must cross at some point. If this occurs at grade, the trains will be delayed even more.
5. Below grade stations allow passengers to wait protected from the elements and increase the effective radius of the stations. Look at the Cityplace station...escalators allow a single stop to serve both sides of Central Expressway. The exits are 500-600 ft. apart. That's 3 city blocks in Downtown.

The debate should be if this incomplete list is worth $300 million. No one is proposing spending $300 million to hide the panhandlers. That's what Mr. Leppert's new donation kiosks are for.

gabz says:

Wow. Just, wow. Interesting read Sandra. I never would have known anything about that. Grammatics aside, feels more like an impassioned stream of consciousness.

Sandra, if you happen to read this, please be careful of what you say here. Lots of the local politicos read this forum.

Jim, my leader, you guys should consider giving Sandra some blog space here at UP...

knottygirl says:

jimbo says: "can someone teach sandra what the 'enter' key is for...I felt like I was reading Ulysses, especially after I woke up."

What I got from it is that Angela Hunt doesn't want panhandlers aboveground in the Central Business District, and somehow if they can't be above the ground, they'll all ride DART down to Sandra's neighborhood and hang out there?

Makes about as much sense as "Ulysses."

confused and angered taxpayer says:

I have read all the stories in the Dallas Morning News and also in your newspaper, but I can't seem to find the article where LYNN FLYNN SHAW IS BEING ASKED TO STEP DOWN AS DART CHAIR. Do we realy want someone running a transportaion agency that has a history of committing fraud, taking bribes, lying, and smiling while she is doing all of this!! In that case, you should go down to Lew Sterrett and find someone to replace her!!!! The only thing that seperates her from the criminals is the clothes she wears. I find it repulsive that she uses the color of her skin to get what she wants!! Why has the Dallas City Council not looked into her actions???? Oh, I forgot!! SHE IS TOM LEPPERT'S FRIEND!!!!!

JimS says:

I read everything Sandra Crenshaw writes, and I listen to every word she says until her cell phone dies. The journalist who ignores Sandra Crenshaw does so at his or her peril. The journalist who listens to her gets good stories. She is, indeed, the James Joyce of City Hall.

Wylie H. says:

Since $10,000 is not material to Deloitte, can they please send another $10K my direction... by the way, $10K isn't material to me, either... I swear!

I would LOVE to see what sort of work product Ms. Shaw produced in return for the $10K. Also, I would be fascinated to know how this contract came into being in the first place.

NOTHING about this deal makes any sense whatsoever.

Hello, FBI? Anyone, anyone?

Lakewooder says:

DART + Deloitte + Dallas City Council + Never-ending Reach-arounds = Brokeback Taxpayers. The stench is killin me. Where's the handle on this commode? This place needs to be flushed.

Eagle Watcher says:

hopefully Mr Watkins is as adament and aggressive to prosecute these thiefs as his is about exonerating the innocent

john k says:

It make a convienient way to donate $10,000 to Ms.Shaw for just allowing them to enter out of the contract that should have not been entered in the first place. Had the contract existed long enough for her to conduct any of the business to bring young women into the accounting field they may have owed her more to move out of a contract that had conditions of unethical proportion with their association with DART. As it was, they went into contract and then out of contract and effectively gave her $10K which she has needed very badly.
Breach of contract,is what Ms.Crenshaw does when she keeps coming back into the Council Chambers and then speaks.

Michael says:

As usual, you're on to something big Jim.

D&T have to be on the take, along with the rest of the DART internal auditors. No serious financial audit could have been conducted during the construction of the line up to Allen. I've become aware of an environmental services company overbilling by a factor of 4, for stormwater inspections and subsequent reports. Not that DART heeded any recommendations. Remember the flood on 635 - when was that summer 2000? I'd bet whatever I have in the bank that that's a trickle in the river of fraud associated with most DART projects.

Oakcliffer says:

And we bitch about the Iraqis being corrupt?

It seems our own country is full of it.

Peterk says:

would someone pls edit Sandra's posting to a more readable format? puhleeeeeese
my eyes are as crossed as the unbuilt DART lines

Upset mother says:

My child is learning about the effects of public transportation at school. She knows what DART stands for, and also knows who LYNN FLYNN SHAW is. Isn't it a shame that elementary school students want to be a part of DART because they can steal money, forge signatures, and not go to jail. I have raised my children with good moral and ethical values. It sickens me to have to tell them that this woman is still chair of DART when I am constantly "preaching" to my kids that actions have consequences. We should start a petition to get her removed from the DART board. I wonder if Medicare knows of all her activities. She owns a home healthcare agency. I would love to see the claims she has submitted for services that were not rendered!

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