Laurentian Blues (5) – Money & Governance

Good morning all.  Last week, in the course of writing a series on Laurentian University, I ran a feature comparing accumulated annual deficits at various Canadian universities.  I stand by what I wrote in it.  However, it has been drawn to my intention that people may have been overly influenced by the blog title (“who’s next?”) and not enough by the text itself, which was more cautious in drawing conclusions – if this is the case, I regret that.  Also, some of the institutions named in that blog have suggested that my analysis is partial at best, and have asked for some space to present a different picture.  I thus invite you to read counter-arguments from Concordia University and St. Thomas University by clicking the respective links (pdfs will appear in a separate tab).

Anyways: on to today’s installment.

Today I want to focus in on some of the unresolved puzzles of the Laurentian affair and what the rest of the sector should take from them.  I think there are five such puzzles.

(1) What about the single bank-account?  I have been one of many people asking how in the hell the university managed to mix all its funds in a single bank account.  However, a well-informed colleague tells me this is wide of the mark: in fact, most universities in Canada – including all the big ones – use but a single bank account.  They use fund accounting, of course, to make sure various funds are not mixed, but still only a single bank account.  This seems a bit weird to me, but I am assured it is true.  Still, this leads me to the second question, specifically with respect to the question of the breach of fund accounting which is:

(2) HOW DID KPMG NOT NOTICE ANYTHING?  I mean, I get it, if something was going on for a single year, you might not catch on, but these guys have been Laurentian’s auditors for at least eight years.  Missing something as big as breaching the restricted/unrestricted barrier on the fund accounting should have been obvious.  Obviously, we’re never going to get a decent answer in public, because that’s not the way things work.  Every single university and college in the country which uses KPMG as an auditor (and there are at least a dozen) needs to call them in and get a definitive answer to that question for themselves.  Because if they can’t explain how this slipped by at Laurentian, there’s no guarantee they aren’t missing this at your institution, too.  Please, do it: quality improvement starts by calling these people out on the carpet.   

(3) How did the Board not know about the fund mixing?  Well, this is the real question, isn’t it?  At a fundamental level, the Board should have caught this.  I don’t know why they didn’t, but my assumption is simply that they didn’t ask the right questions.  They took management assurances at face value and did not ask for the kinds of documents that could have exposed the problem (particularly when it seems that a simple bank statement would have sufficed to expose the problem).  It’s not clear why the Board did not do this.  Was it simply that the Board was too close to management (note that Laurentian’s VP Administration, Lorella Hayes, was in fact a Board Member at the time she was appointed to her position) and this did not have the right amount of distance?   Or did the Board not have enough people with the right financial skills to ask the right questions? 

(4) How is it possible that a Board not have people with those kinds of skills?  Ok, so this is not about Laurentian specifically: I don’t know its current members well and so am not in a position to comment.  But you must understand that the way a University Board works is fundamentally different to the way any other non-profit Board works.  On a regular non-profit Board, the Board itself has a responsibility to ensure that it has the right kinds of skills =.  That doesn’t just mean financial skills – it can mean marketing, or communications, or fundraising, or whatever – it depends on the nature of the organization.  But the point is, the matrix of skills available to the Board is in the Board’s hands.  It won’t always get it right, but it has the ability to get it right.

There are a very few Canadian universities where the Board selects its own successors (at least apart from the elected faculty, student, staff and alumni members): Queen’s, McGill and Mount Allison, for instance.  However, most institutions have a substantial chunk of the Board appointed by their respective provincial government.  And folks, I know this may shock you, but not all provincial governments are equally careful in listening to universities and colleges when they say, “we need someone who can fulfill X and Y roles on our Board”.  I may shock you further by saying some provincial governments pay a lot more attention to getting party loyalists on Boards rather than think through what skills these loyalists have to offer the institutions in their governing roles.

I am not saying this is what happened at Laurentian.  What I am saying is that the casual way some Canadian provinces choose to handle their role in selecting governors is a source of systemic risk.   If we were talking about institutions as they were in the 60s and 70s when PSE institutions were relatively simple enterprises and took most of their money from government, it would be one thing.  But today, institutions across the country go out and earn substantial sums of money from for-profit or cost-recovery projects (or in Laurentian’s case, large research endeavours) and quite frankly very few Boards of Governors are structured in ways that provide for adequate oversight of those activities (see this 2015 Alberta Auditor General’s report for more on this, starting on page 21).  If people really want to take lessons from what’s happened in Laurentian and pay more attention to institutional finances and risk, they could do a lot worse than to scrutinize how provincial governments choose Board members.

(5) Any implications for Laurentian’s Board? Well, it’s pretty clear the Board itself thinks there might be consequences, because it has retained legal counsel (Lenczner Slaght Royce Smith Griffin LLP, and if you can say that three times fast, you deserve some candy) separate from that of the university itself (Thornton Grout Finnegan LLP). And I am pretty sure that part of the price of a bailout from Queen’s Park is going to be a very large number of Board resignations: the finance committee at the very least, but possibly the whole thing: there is simply no way government is going to hand over more money to the same oversight Board that got the institution into trouble in the first place.  But for that we may need to wait for April/May when the current conservancy period is over.

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6 responses to “Laurentian Blues (5) – Money & Governance

  1. I think the role of the external auditor is being misunderstood which is leading to a mismatch in expectations vs what they actual deliver. They are attesting that the financial statements are accurate and comply with Canadian accounting standards for non-for-profit organizations, and those standards are rather lenient relative to a public traded company. Its a limited scope of engagement, they are not full on consultants helping the University run its business as best it can.

    A review of the financial statements show a University with high debt vs revenue and low on cash.

    1. The statements are used by banks to determine credit worthiness. So this comment is disingenuous at best as clearly these statements are misleading. Obviously this comment written by a KPMGer. The payment of 14 mil to the caisse lead to the unraveling of LU. I wonder how the RBC feels about this payment and these “statements”.

      1. Working for KPMG? No, just someone who reads. The financial statements show a University that was not in a good financial position and at risk. Check out Note 11: Internally restricted net assets… its disclosed right there how much they have restricted. Hint: its not much. Maybe they mislead and inappropriately used those funds too, I don’t know. If they did and the auditors missed it then yes they should be held accountable. But relying on external auditors to tell you what to do with your investments is a bad idea.

        1. OK Ok I get it now, thanks. You take note 9 the amounts that should restricted and you deduct note 11 the amounts actually restricted and you can clearly see the amount “redirected”. Wow silly me how could I have missed that?

          1. Just look at their Balance Sheet as of April 30th, 2020:

            $4.5 million in cash
            vs
            $38.5 million in deferred contributions (research cash received but not yet recorded as revenue aka not yet earned).

            This sounds exactly like what Alex is saying, they used cash given from research grants for something else. The auditors role is to ensure they are reporting it accurately, which they seem to have done. The only piggy bank they didn’t raid was the endowment funds.

            On top of that, they had another $43.7 million is current liabilities (line of credit, payables, current portion of long-term debt). Also this:

            “The in-year deficiency associated with COVID-19 was $5.2 million. There is further
            concern as to the revenues into fiscal 2021. The University negotiated a deferral of residence debt
            repayments for six months subsequent to year-end to manage cash flow requirements. ”

            They $5.2 million from COVID in March and April 2020? Already having to deferred debt payments to meet cash flow requirements.

            If they owed me money I would have been worried… especially if it was an unsecured line of credit.

  2. A few thoughts about fund accounting and the pickle that Laurentian now finds itself in. Would the use of fund accounting have prevented or, at least, provided an early warning of the problems that ultimately erupted? In the case of the misuse of sponsored research income it could have done both. PIs would have had to approve spending from their grants. As it was from what we know so far, the university’s conduct in this regard was egregiously indefensible. Had it been allowed play-out to the end, it would have had most of the characteristics of a Ponzi scheme. But what about expense? Fund accounting addresses income and expense together, making possible a net bottom line. This is why the case for fund accounting is strongest as management information. It promotes accountability and timely identification of fiduciary risk. Perhaps less blame should be laid at the feet of Laurentian and KPMG on the expense side. In Ontario fund accounting is limited, if not undermined, by a systematic asymmetry between income and expense, especially with regard to research. Neither the COFO-UO nor the ministry’s instructions to external auditors require separate reporting of instructional and research expense. Although separated on the income side, they are lumped together on the expense side. Had Laurentian engaged KPMG as consultants, they might have tried to produce proper fund accounts for sponsored and contract research. But that was not their duty as external auditors, nor is it for other universities in Ontario, although universities that employ Responsibility Center Budgeting voluntarily use fund accounting properly for their own purposes. This proves, by the way, that proper fund accounting is possible for all universities. Universities in Ontario, not just Laurentian, bear some culpability for the asymmetry that limits the reliability of fund accounting. For years, usually in defense of institutional autonomy, Ontario universities have successfully argued for “core” or fungible funding for research and instruction, which, in turn, allows cross-subsidization between instruction and research. More often than not this is a license for the research Paul to rob the instruction Peter. It also makes it difficult under performance funding for funding incentives to trickle down to the program or fund level, which under the OPF plan the government seems to think it does. Some recent Ontario governments have rattled swords about the “seepage” of public university funding to discount the indirect costs of research in order to attract private research contracts. No government has acted, and maybe there is good reason why they shouldn’t, but here we see another asymmetry between income and expense that can confound fund accounting. A final note about the alternative to fund accounting – global accounting, which, whether consciously or not, seems to be the approach taken by Laurentian. Global accounting offers some advantages that fund accounting lacks. Global accounting is useful for strategy and planning and, when called for, top-down fiscal control, the setting and enforcing of university-wide performance standards, and fund-raising based on institutional reputation. Under fund accounting, institutional strategies and plans are anthologies of divisional or “fund” plans and strategies that not only are less effective but invite harmful internecine competition.

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