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Audit: Historical Society broke state rules in lease agreement

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BY NANCY HICKS / Lincoln Journal Star

Tuesday, Oct 16, 2007 - 12:24:56 am CDT

The Historical Society agreed to spend about $500,000 in tax dollars renovating space the agency leased without the required approval of the state’s Department of Administrative Services, according to an audit report.

In addition, the society did not submit a request to DAS before looking for space to rent outside the Capitol and did not get the DAS director’s approval of the lease, as required by state law.

The department does not have enforcement power when agencies violate lease laws, but the state has stepped in to renegotiate this lease with the Lincoln Children’s Museum, said Doni Peterson, DAS deputy director. 

The society reviewed the particulars of the lease and costs with the state budget office when the lease was originally negotiated, said Michael Smith, society director.

But Smith conceded the lease should have been developed by DAS, not the society.

Jeff Jensen, building division administrator for the state, said he didn’t know whether the renovation and lease costs are reasonable, but the almost seven-year-old lease is not a typical state lease, he said.

The state usually seeks proposals from a number of landlords, rather than negotiate with a single landlord, he said. And the state would not generally sign a 20-year lease as this one is, he said.

The state is trying to bring the lease into compliance and arrange for better space for storing archeological objects owned by the U.S. Bureau of Reclamation, Jensen said.

The museum’s basement storage area under a parking lot is susceptible to leaking — and it places artifacts at risk, auditors reported.

In 2001, the society agreed to pay more than $536,000 to renovate third-floor office space and basement storage space at the Children’s Museum, 1420 P St., according to the audit.

State tax dollars are paying for all but about $38,000 of that cost, according to the audit.

The society also was required to pay $84,000, plus interest, for its portion of the costs to install a central boiler and chiller system over the first 10 years of the lease, according to the audit.

Last fiscal year, the society paid $116,400 to lease 27,081 square feet, or $4.29 per square foot, Jensen said.

The agency receives $181,414 annually from the U.S. Bureau of Reclamation to pay for staff associated with the archeological artifacts, Smith said.

The museum has been cooperative and is working with the state, even though the agency has a signed agreement, Jensen said. 

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.


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Stay Focused wrote on October 16, 2007 2:15 am:
" Let's keep our eye on the ball and ensure justice is served regarding the embezzlement charges. Factor in the size of the space and the duration of the lease and these "big numbers" are below market value. Correct protocol? No. Taxpayers fleeced? No "

Mnay Agencies, Little Guidance wrote on October 16, 2007 10:44 am:
" There are many agencies that conduct many type of business. There is no one central Guidance Office on personnel, purchase, contracts, proposals, or even leadership. That's what the audits show - drip by drip. "

Agreed wrote on October 16, 2007 11:03 am:
" I also feel that this story is getting too much attention. It seems we, the public, are hearing every single negative thing that has come from this report, including information that we care less about. "

eagle60 wrote on October 16, 2007 1:01 pm:
" Too much info? This is our tax dollars, we have a right to know how a governmental agency is wasting it. This organization is accountable for it's expenditures and there are rules to follow. "

Audit the Auditor wrote on October 17, 2007 12:19 am:
" I think a performance audit for DAS is in order. Everyone is correct: there is no training, guidance, rule books, business support, centralized accounting, personnel, contract info, leadership development and more for independent agencies. These agencies are on their own and have to recreate state agency micro-business systems to compensate for the hulking inefficiency and underfunding of apparently necessary government business functions which could be under the umbrella at DAS. The young man currently running DAS is the former campaign manager for Governor Heinemann. He will have a big task here. Why is this lease an issue now? This lease was done ten years ago. This muckraking is costing taxpayers plenty if the audit had to go clear back outside of audit perameters to make an issue out of this for a 2006-07 audit. Auditor Foley has done weird damage like this to other agencies, and it drags good state personnel through the dirt while setting a very negative government tone. I think this agency does an exemplary job in spite of the bureaucratic nightmare it lives with. Bravo to them. "