Audit of the Baker Hill Road District
March 24, 2022 · Baker Hill Road District · Read the full official report on mass.gov ↗
source
“BHRD did not file an annual report for 2019.”
Read the plain-English breakdown
This is a state performance audit of the Baker Hill Road District, a local district connected to maintaining US-7/SR-8 Connector Road in Lanesborough.
“BHRD’s purpose is to own, monitor, and maintain US-7/SR-8 Connector Road (formerly Berkshire Mall Drive), and BHRD has the autonomy to purchase goods and services to help maintain the road.”
The auditor checked whether the district followed required rules for annual reports, annual budgets, and payments for contracted services during 2019 and 2020.
“In this performance audit, we reviewed BHRD’s compliance with Chapter 41 of the Acts and Resolves of 1989—specifically Section 4, which requires BHRD to file an annual report of receipts and expenditures, and Section 6, which requires BHRD to prepare and approve an annual budget.”
If required reports are not filed, the oversight committee may not have the information it needs to judge what the district did and how money was handled.
“As a result, the prudential committee did not have the information necessary to adequately review and assess BHRD’s activities.”
If you pay taxes to the district or use the road, this affects whether public money for road upkeep and related services is being tracked, reviewed, and spent under clear terms.
“Revenue to pay for the district’s operations is derived from taxes levied on the property owners in BHRD.”
The district met the auditor’s tests for budgeting and contracted-service payments, but it failed to file the 2019 annual report and had several management practices the auditor said should be improved.
“Below is a summary of our finding and recommendation, with links to each page listed.”
The district said the missing 2019 report was later approved and filed, and it said it would look at improving its legal-services contract, ethics compliance, and road maintenance bidding.
“With regard to the 2019 Annual Report, it has been approved and filed.”
The finding is narrow but important: the district’s main legal reporting lapse was one missing annual report, while the other issues were presented as matters the auditor believed should be improved to protect transparency and value.
“BHRD should file its report annually with the prudential committee.”
A “prudential committee” is the district’s three-person oversight board. It supervises the district and appoints a treasurer who cannot also sit on the committee.
“The district is overseen by a three-member prudential committee, which consists of two members appointed by the Town of Lanesborough and another member appointed by the owners of property in BHRD.”
5 figure(s) pending source verification - not shown
What the Auditor checked
- Did not comply Does BHRD file its annual reports with its prudential committee, as required by Section 4 of Chapter 41 of the Acts and Resolves of 1989?
- Complied Does the BHRD prudential committee prepare and approve an annual budget, as required by Section 6 of Chapter 41 of the Acts and Resolves of 1989?
- Complied Does BHRD pay for contracted services in accordance with agreed-upon terms and account for those expenditures in its annual budget?
What the Auditor found
Why it matters: The prudential committee lacked information needed to adequately review and assess district activities.
Standard: Section 4 of Chapter 41 of the Acts and Resolves of 1989 requires BHRD's treasurer to annually report receipts, disbursements, and official acts to the prudential committee. ( Section 4 of Chapter 41 of the Acts and Resolves of 1989 )
1 recommendation
- BHRD should file its report annually with the prudential committee.agency: already implemented
Agency response & Auditor reply
Agency: "With regard to the 2019 Annual Report, it has been approved and filed."
Auditor: "Based on its response, BHRD is taking measures to address our concerns."
Why it matters: Without a written contract defining services and duration, BHRD may incur unnecessary costs.
Standard: The Office of the Comptroller of the Commonwealth and Operational Services Division policy requires written contracts with scope of services and duration for executive branch agencies; OSA identified this as a best practice for BHRD. ( Office of the Comptroller of the Commonwealth and Operational Services Division policy “Procurement/Contracts: Commodities and Services” )
1 recommendation
- BHRD should enter into written contracts for all services it purchases, including legal services, that include the scope of services, work duration, and responsibilities of each party.agency: agreed
Agency response & Auditor reply
Agency: "We will discuss adding a term to our contract for legal services."
Auditor: "Based on its response, BHRD is taking measures to address our concerns."
Why it matters: Officials may be less aware of conflict of interest requirements and the consequences of noncompliance.
Standard: Massachusetts State Ethics Commission Conflict of Interest Law Education and Training Guidelines require annual summaries and biennial online training. ( Chapter 268A of the Massachusetts General Laws; Massachusetts State Ethics Commission Conflict of Interest Law Education and Training Guidelines )
1 recommendation
- BHRD should maintain conflict of interest law training certificates and annual acknowledgments to ensure compliance with State Ethics Commission requirements.agency: agreed
Agency response & Auditor reply
Agency: "The District will certainly pay closer attention to completing the ethics and open meeting law reporting requirements in a timely fashion."
Auditor: "Based on its response, BHRD is taking measures to address our concerns."
Why it matters: BHRD may not know whether its road maintenance contract is the best value available.
Standard: Although exempt from competitive procurement requirements for these services, OSA stated BHRD should ensure best value by posting a request for response. ( Chapter 30B of the General Laws, Section 1 )
1 recommendation
- BHRD should post a request for response for road maintenance services.agency: agreed
Agency response & Auditor reply
Agency: "We will solicit bids to see if we can achieve savings in our road maintenance budget."
Auditor: "Based on its response, BHRD is taking measures to address our concerns."