CASH SD Workshop October 5, 2017 Eric Hall CASH Past Chair, Eric - - PDF document

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CASH SD Workshop October 5, 2017 Eric Hall CASH Past Chair, Eric - - PDF document

CASH SD Workshop October 5, 2017 Eric Hall CASH Past Chair, Eric Hall & Associates CASH Workshop Making the School Facility Program Work for You Thursday, October 26 th Hilton Garden Inn Redding Thursday, November 2 nd Sonoma


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CASH SD Workshop October 5, 2017 1

Eric Hall

CASH Past Chair, Eric Hall & Associates CASH Workshop Making the School Facility Program Work for You

  • Thursday, October 26th – Hilton Garden Inn Redding
  • Thursday, November 2nd – Sonoma County Office of

Education

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CASH SD Workshop October 5, 2017 2

Register for the Fall Conference which will be held at the Duke Hotel in Newport Beach.

Go to www.cashnet.org for more info.

Showcase your K-12 Design project at the CASH Annual Conference! ♦♦♦ Entry Entry Fee Fee due: due: Friday, Friday, Septe September 29 29th

th

Octob October 6 6th

th (tomorr

(tomorrow!) w!) Pr Proje

  • ject

due: due: Friday Friday, Octob October 27 27th

th Current Entries

Williams + Paddon Architects + Planners Quattrocchi Kwok Architects Gelfand Partners Architects WLC Architects, Inc. JK Architecture Engineering BCA Architects BakerNowicki Design Studio

201 2018 CAS CASH /AIA /AIACC Leory Leory F. . Gr Green eene Des Design gn & & Planning Planning Awar Awards ds

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SLIDE 3

CASH SD Workshop October 5, 2017 3

Speakers

 Speak directly into the microphone.  Repeat audience questions during the Q & A session so that the full audience can hear what is being asked as well as the answer.  Avoid using acronyms.

Directory of Acronyms can be found in the back of the room.

Housekeeping

 This workshop qualifies for AIA continuing education.  Turn off or silence cell phones.  Emergency exit and restrooms.  Please complete your workshop evaluations.  Lunch will be served in the Solana Room.

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CASH SD Workshop October 5, 2017 4

New New Requir Requirements ements – – Why Why Do Do They They Ma Matter tter Now? Now?

Eric Hall CASH Past Chair, Eric Hall & Associates

New New Requir Requirements ments – Why hy Do Do They They Ma Matter tter Now? Now?

  • State

Audit

  • f

OPSC was initiated in 2016.

  • “The

Office

  • f

State Audits and Evaluations (OSAE)” conducted the audit.

  • OSAE

is within the Department

  • f

Finance (DOF).

  • OSAE

found fault with OPSC’s audits.

8

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CASH SD Workshop October 5, 2017 5

  • OSAE

charged OPSC with allowing districts to make inappropriate expenditures

  • f

state bonds.

  • The

inappropriate expenditures included:

  • Band

uniforms, golf carts, tractors, and computers.

9

  • In

January 2017, Governor Brown announced he would honor the will

  • f

the people regarding Proposition 51. However, citing the audit

  • f

the OPSC, he would agree to sell Proposition 51 bonds with two (2) new conditions.

10

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CASH SD Workshop October 5, 2017 6

  • The

Governor’s Conditions:

  • First- districts

must sign Upfront Grant Agreements before receiving state bond funds.

  • Second- Proposition

51 bond audits happen at the district level with new procedures.

11

Implementing Implementing the the Governor’s Governor’s Conditions Conditions

  • The

SAB approved the Upfront Grant Agreement as a required Document in June 2017.

  • The

new audit requirements are law as

  • f

June 2017.

12

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CASH SD Workshop October 5, 2017 7

  • The

Upfront Grant Agreement by the SAB for projects from the “Acknowledged List.”

13

New New Audit Audit Requir Requirements ments ar are Outlined Outlined in in Sta Statute ute

  • The

new requirements will be incorporated into the K-12 Audit Guide.

  • The

audits must be done by the District’s independent auditors.

  • Districts

must pay for the audits.

14

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CASH SD Workshop October 5, 2017 8

  • Districts

must sign the agreement in

  • rder

to receive an apportionment from Proposition 51 funds; AND

  • Districts

must abide by the agreement expenditure provisions

  • r

be penalized.

15

Grant Agreement: How to Navigate Projects to the Audit

Presenter:

Sara Slater, Assistant Fiscal Services Director of Facilities Planning and Development for the Long Beach USD

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CASH SD Workshop October 5, 2017 9

Reason for Grant Agreement

› Proposition 51 – November 8, 2016 Bond Passed › Administration Concerns – $3 million of ineligible expenses › Accountability – June 5, 2017 State Allocation Board (SAB) approved template grant agreement

– Conforming School Facility Program (SFP)

regulations on September 6, 2017

17

What is the Purpose of the Grant Agreement?

› Binding document that defines responsibilities › Eligible vs. Ineligible Expenditures › Defines accounting of a project › Thorough understanding of the requirements in receiving the funds › Still requires 50/04, 50/05, and 50/06

18

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CASH SD Workshop October 5, 2017 10

Grant Agreement vs Trailer Bill

› Grant Agreement references audit in accordance of Education Code 41024 › Grant Agreement is SAB regulations for implementation of Prop 51 › Grant Agreement is tailored to project › Trailer Bill explains audit requirement › Trailer Bill outlines repayment

19

Omnibus Budget Trailer Bill AB #99

› Establishes 41024 of the Education Code – Accounting regulations › Accounting Guide from Department of Finance (DOF) – Reporting requirements › Audit from external Local Education Agency (LEA) audit firm › Repayment of funds – ineligible expenses

20

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CASH SD Workshop October 5, 2017 11

Grant Agreement Timeline

› Approved unfunded list (Lack of AB 55 loans) › SAB allocates fund – Notification of funding › Sign 50/05 and grant agreement – 90 days to submit – Redundant requirement › 1st annual report from date of fund release 50/06 – Date from fund release letter – Yearly audit review › Report annually until project completion – Audit requirements – Eligible vs. Ineligible

21

Eligible vs Ineligible Expenses

› Eligible is finite › Ineligible is ambiguous › Ineligible supplies as described in the California School Accounting Manual (CSAM), Procedure 770. › Items not considered Furniture and Equipment because they are considered operational or supplies in nature including: › Computers, printers, computer carts, golf carts, bunsen burners, test tubes, chemicals, mechanic wrenches › Operational expenses

22

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CASH SD Workshop October 5, 2017 12

Appeals Process, Expenditure Authorization

› Grantee may seek written clarification from the OPSC for items not included in the lists of eligible › Local auditor may use the written response from OPSC to guide the audit › The State is creating a website with appeals – Appeals, if accepted are only good for the appealing district – District can use other accepted appeals and submit written expenditure authorization

23

What’s Really New

› Leroy F. Greene School Facilities Act of 1998 › Labor and public contract laws › Maintain a general ledger at a Project-specific level as described in the California School Accounting Manual (CSAM), Procedure 301 and 345 › Subject to an audit pursuant to section 41024 of the Education Code from LEA external audit firms – Office of Public School Construction (OPSC) will not review expenditures to determine eligibility, this will be done by the local auditor

24

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CASH SD Workshop October 5, 2017 13

Things to Consider

› Budgetary concerns › If you're a facilities hardship district what can you do? › How will this be applied to past projects? › Audit needs to be paid for out of general funds - cannot be charged to State Bond funds

25

Next Steps

› CASH Audit Working Group › Develop audit guide – Department of Finance (DOF) › OPSC workshops – September 21, 2017 - Fresno – September 22, 2017 - Visalia – September 25, 2017 - West Sacramento – September 27, 2017 - Santa Rosa – October 4, 2017 - Eureka – October 5, 2017 - Yreka

26

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CASH SD Workshop October 5, 2017 14

THE LOCAL AUDIT & DEVELOPING THE NEW GUIDANCE

Presenters:

Sara Slater, Long Beach USD Lettie Boggs, Colbi Technologies, Inc. Tom Duffy, CASH Legislative Advocate, Murdoch, Walrath & Holmes

SAB 50-06 DLOPE

Detailed Listing of Project Expenditures

›Districts still need to produce this every year and send it to OPSC ›Districts should continue to use unique coding in the GL for each project

NEW – Districts will need to differentiate eligible from ineligible expenditures - and not report ineligible expenditures! IDEA – Districts could use a part of the code, such as the Year indicator, to mark ineligible expenditures for OPSC purposes

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CASH SD Workshop October 5, 2017 15

What Doesn’t Change

›All the steps through the 50-05 remain ›You have to make your match (50/50 or 60/40) ›You have to track your interest and savings – and use them Mod for Mod, New for New,

  • r on a District Funded Capital Project

›OPSC will want a 50-06 with DLOPE for Interest and Savings expenditures

How Audits Work

›GAAP Standards ›Findings are discussed with the client prior to close of audit

–Adjustments/Corrections can be made

›Confer with your auditor to understand the process and what will be required

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CASH SD Workshop October 5, 2017 16

How Audits Work

›We hope the audit will be

–Supplemental Audit –Outside the K-12 audit –Required when the project is final BUT WE DON’T KNOW THIS YET!

Working with your auditors

›Collaborate with the auditor in advance ›Discuss the multi-year aspect of projects

–Will expenditures be reviewed annually

Internally or by the auditor?

–How will adjustments be handled

›Discuss the audit approach with your auditor

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CASH SD Workshop October 5, 2017 17

CASH CASH Pr Proposals

  • posals

f for Dis District rict Implementa Implementation tion

  • f
  • f

Local Local Audit Audit Requ Requir irements ements f for Pr Proposition

  • position

51 Bo Bond nd F Funded nded Pr Projects ects

Tom Duffy, CASH Legislative Advocate, Murdoch, Walrath & Holmes

Existing Existing Audit Audit Requir Requirements ments f for Calif California rnia School School Districts Districts

  • California

statutes require local independent audits annually

  • Auditors

are required to audit all district funds

  • Audits

must be reviewed and accepted by governing board at a public meeting

  • Audits

Must be Filed with Several State Agencies

  • Audits

are required to comply with state imposed audit guidelines

  • Audit

guidelines are subject to change annually

34

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CASH SD Workshop October 5, 2017 18

Local Local District District Bond Bond Financial Financial and and Perf rformance

  • rmance

Audit Audit Requir Requirements ements

  • Local

bond financial and performance audits have become commonplace since passage

  • f

proposition 39 in 2000

  • Proposition

39 bonds require a passage rate

  • f

at least 55 percent compared to Proposition 46 bonds that require a passage rate

  • f

at least 66.67 percent

  • Most

districts place Proposition 39 bond measure

  • n

the ballot

  • Proposition

39 bond measures require school boards to appoint a Bond Oversight Committee (BOC)

  • The

Role

  • f

the BOC is to assure the community that Proposition 39 bond funds comply with the bond measure resolution and as promised the community

35

  • Proposition

39 independent financial and performance audit are presented to and reviewed by the BOC

  • Proposition

39 audits are presented to the Governing Board by the BOC

  • The

Proposition 39 audit is a major tool used by the BOC in tracking projects and expenses

  • Although

completed annually, Proposition 39 audits are “Stand Alone” audits and separate and NOT part

  • f

the annual audit

36

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CASH SD Workshop October 5, 2017 19

Gener Generally lly Accepted Accepted Accounting Accounting Principl Principles es (GAAP) (GAAP)

  • Auditors

conducting school district audits in California adhere to GAAP

  • GAAP

Principles are national standards

  • School

district financial software programs have been developed and implemented based

  • n

GAAP standards

37

Wha What We We Know Know About About the the Sta State’s New New Requir Requirements ements in in Having Having Districts Districts Contr Contracting cting for Independent Independent Audits Audits

  • f
  • f

Pr Proposition

  • position

5 51 Sta State Bond Bond Funds Funds

  • Requirements

will be established as part

  • f

the annual audit guidelines

  • Audit

guidelines will become effective with the 2018-19 fiscal year audit

  • Audit

guidelines for Proposition 51 bonds will be known in Spring 2018

  • As

reported by OPSC staff, OPSC will not be involved in the audit

  • f

Proposition 51 bond funds

38

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CASH SD Workshop October 5, 2017 20

CASH CASH Pr Proposals

  • posals

f for the the Local Local Audit Audit

  • f
  • f

Pr Proposition

  • position

5 51 Sta State Bond Bond Funds Funds

  • Proposition

51 bond audits adhere to GAAP Principles and standards

  • Utilize

local financial & performance audit procedures currently in place for the local audit

  • f

Proposition 39 (55 Percent Vote) bonds

  • Proposition

51 audits should be a “Stand Alone” audit and NOT part

  • f

the annual audit report

  • The

Grant Agreement should be the compliance document used in completing the Proposition 51 audit

  • Recognize

that facility projects extend

  • ver

multiple years

39

  • Provide

a means

  • f

using the required annual expenditure reporting to OPSC as interim audit material

  • Require

the local audit

  • f

projects funded with Proposition 51 state bonds to be conducted in the fiscal year in which the project is completed

40

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CASH SD Workshop October 5, 2017 21

Audit Audit Appeals Appeals Pr Process

  • cess

– – Looking Looking Forwar Forward

  • Project

savings and interest

  • Must

be used for

  • ther

high priority capital

  • utlay
  • Must

still meet allowable cost requirements

  • Unspent

funds must be returned

  • Any
  • f

these items must be identified and reported

  • n

as part

  • f

the audit but are not considered exceptions

41

Audit Update- BREAKI BREAKING NG NEWS!! NEWS!!

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CASH SD Workshop October 5, 2017 22

Educa Education ion Audit Audit Appeal Appeals P Panel nel (EAAP) (EAAP)

  • Separate

State agency whose purpose is to serve as the neutral arbitrator in informal and formal administrative appeals

  • EAAP

can also adopt regulations and does so by issuing the annual audit guide

  • Statutory

members are the Superintendent, Director

  • f

the Department

  • f

Finance and the Chief Executive Officer

  • f

the Fiscal Crisis and Management Assistance Team (FCMAT).

  • Other

State departments are also involved

43

Audit Audit Appeals Appeals Pr Process

  • cess
  • Gives

districts a platform for neutral arbitration that can be informal

  • r

formal when there is a question

  • f

fact, compliance

  • r

interpretation related to a specific audit finding

  • Reasons

for appeals process

  • Substantial

compliance

  • Question
  • f

fact

  • Interpretation
  • f

law

  • This

is not a waiver and not a payment plan

44

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CASH SD Workshop October 5, 2017 23

Audit Audit Appeals Appeals Pr Process

  • cess
  • Summary

appeal process

  • Voluntary

and informal

  • Conducted

by EAAP Executive Officer independently

  • f

the Panel

  • Used

when there may be substantial compliance

  • Findings
  • f

more than 150 ADA

  • r

$750,000 require approval

  • f

DOF and Superintendent

  • Formal

appeals process

  • Appeals

filed

  • n

basis

  • f
  • Errors
  • f

fact

  • Interpretation
  • f

law

  • Substantial

compliance

45

Audit Audit Appeals Appeals Pr Process

  • cess
  • Formal

appeals process

  • Appeals

are heard by the EAAP

  • Controller

is party to every appeal

  • Department
  • f

Education and Department

  • f

Finance are also authorized

  • Gives

the District the

  • pportunity

to present evidence at a hearing

  • This

process is independent

  • f

the summary appeal process

  • Districts

can do both a summary and formal appeal

  • r

just

  • ne.

46

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CASH SD Workshop October 5, 2017 24

Audit Audit Appeals Appeals

  • Timing

iming

› Clock starts upon receipt

  • f

the letter from the State Controller’s Office certifying the audit report. – District has 30 days to file a request for summary appeal

  • r

– 60 days to file a request for a formal appeal › If a summary appeal has been completed, District has 30 days upon receipt

  • f

determination to file a request for a formal appeal › Hearings must be held within 90 days › Requests can be sent via mail

  • r

fax – Note the website advises FAX submission to provide proof

  • f

timely filing

47

Audit Audit Appeals- Appeals- Other Other Thoughts Thoughts

  • Settlement

agreements are possible

  • All

parties agree

  • n

the repayment amount and any remedial measures needed

  • Does

not result in findings

  • f

fact, interpretation

  • f

law

  • r

determination

  • f

substantial compliance

  • Repayment

plans may be available

  • Must

request within 90 days

  • f

receipt

  • f

the letter from the State Controller’s Office certifying the audit report

  • r
  • 30

days upon receipt

  • f

determination regarding an appeal

48

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CASH SD Workshop October 5, 2017 25

Pr Prop

  • p

5 51 – – SFP FP Applica Applications ions Beyond Beyond Authority Authority List List

Martin Martin

  • A. Hom
  • A. Hom

Atkin Atkinson son, Andel Andelson

  • n,

Loya, Loya, Ruud Ruud & Romo Romo Tom Duffy Duffy CASH CASH Legisla Legislativ ive Advoca Advocate, te, Mur Murdoch

  • ch,

Walr Walrath & & Holmes Holmes

Applica Applications tions Received Received Beyond Beyond Bond Bond Authority Authority List List

  • Sept. 2012

– SAB approved Regulation Section 1859.95.1, which allowed the OPSC to continue to accept SFP eligibility and funding applications, even though existing bonding authority was exhausted. SAB acknowledged but did not approve applications for apportionment.

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CASH SD Workshop October 5, 2017 26

Applica Applications tions Received Received Beyond Beyond Bond Bond Authority Authority List List

As

  • f

March 1, 2017: New Construction

  • $1,526,332,061

(280 projects) Modernization

  • $791,907,595

(439 projects)

SAB SAB CONCERNS CONCERNS

Potential inequities – given the uncertainties

  • f

a future bond, some districts may have waited to submit SFP applications. Outdated program eligibility – some applications were submitted in 2012 and eligibility information is not current.

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CASH SD Workshop October 5, 2017 27

SAB SAB CONCERNS CONCERNS

State Agency approvals have expired. Projects were completed with local funds and state funds are no longer needed. Past practice – process applications in accordance with SFP regulations in effect when applications submitted.

SAB SAB OPTIONS OPTIONS

  • Option

1 – use regulations at time

  • f

submittal, but require updated construction eligibility to justify funding.

  • Option

2 – process applications in accordance with regulations in effect at time

  • f

submittal .

  • Option

3 – return all applications and resubmit with updated eligibility.

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CASH SD Workshop October 5, 2017 28

OPTION OPTION 1 1

  • Projects
  • n

the Applications Beyond Bond Authority List and Approved Applications received

  • n
  • r

after April 1, 2017, moved to the OPSC worklist.

  • OPSC will

process applications in date

  • rder.
  • New

construction applications must file updated eligibility for the enrollment year OPSC processes the application.

Administr Administrative tive Pr Procedur

  • cedures

es Act Act

  • Every

regulation is subject to the rulemaking procedures

  • f

the APA, unless exempt by statute.

  • Regulations

are meant to implement statutes.

  • Exemptions

– internal management, forms, audit guidelines

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CASH SD Workshop October 5, 2017 29

CASH CASH PETITION PETITION TO TO OAL OAL

CASH challenges SAB “underground regulation” to update new construction eligibility

  • n

two grounds:

  • 1. Failure

to submit emergency regulations to Official Administrative Law (OAL).

  • 2. Contrary

to Leroy

  • F. Green

Facilities Act

  • f

1998.

OAL OAL RESPONSE ESPONSE

  • OAL has

60 days to review and respond to petition.

  • OAL declined

to accept the petition. In

  • ther

words, OAL took no action

  • n

the petition.

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CASH SD Workshop October 5, 2017 30

NEXT NEXT STEPS? STEPS?

  • File

SAB appeal if new construction eligibility decreases due to new requirement to update eligibility.

  • Lawsuit

against SAB.

Wha What Districts Districts Can Can Do Do

Eric Hall, CASH Past Chair, Eric Hall & Associates

Tom Duffy, CASH Legislative Advocate, Murdoch, Walrath & Holmes

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CASH SD Workshop October 5, 2017 31

New New Requir Requirements- ments- Wha What Districts Districts Can Can Do? Do?

  • Prepare

the Governing board and Cabinet for the new audit requirements

  • Explain

to them the rationale for the new rules

  • Keep

the narrative positive:

  • Accountability

for public money is a fundamental responsibility

  • f

public agencies

  • Transparency
  • f

action for public

  • fficials

should be a daily

  • bjective
  • Clarity
  • f

rules for spending state funds is to be valued by local agencies

61

  • Develop

expertise in the requirements

  • f

the Grant Agreement and the new audit requirements

  • Create

four lists identifying categories

  • f

expenditures based upon fund sources:

  • State

bond expenditures (must conform to the Grant Agreement adopted by the State Allocation Board)

  • Local

bond expenditures as “match” to state bond expenditures (must conform to the Grant Agreement adopted by the State Allocation Board)

  • Local

bond expenditures not required as match

  • Hardship

expenditures: 100% State funds

62

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CASH SD Workshop October 5, 2017 32

  • Draft

a list

  • f

intended goods and services for the purpose

  • f

a pre- purchase screening

  • f

anticipated expenditures based upon the four lists.

  • Anticipate

the need for communicating with OPSC regarding expenditures for services, furniture and equipment

  • r
  • ther

products not listed in the SAB Grant Agreement.

63

  • Prepare

for the state bond audit by creating a list

  • f

documents to be gathered by the district for each state funded project

  • Anticipate

and prepare for the circumstance

  • f

multiple state funding sources being used in the construction

  • f
  • ne

project (modernization, facility hardship and career tech) and the complications involved in the audits

  • f

those multiple funds

  • Work

with the independent auditor from the commencement

  • f

each project to plan a successful audit

  • Save

and secure all documents through project completion and close-out … and beyond

64

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CASH SD Workshop October 5, 2017 33

THANK YOU!

Speakers: Eric Hall Lettie Boggs Martin Hom Nina Boyd Sara Slater Tom Duffy

www.cashnet.org

Please fill out your evaluation form.