Complete 2012 forensic audit documents - Kansas Bioscience ...

KBA Forensic Audit Summary Page 24 of 30
Other Issues
Audit location Issue/Question Summary
Continuing on
page 80
On page 86
(continued from previous page)
… and, last, whether an analysis from the attorney
general’s office in 2007 regarding the conditions
under which a state entity such as the KBA may
hold meetings outside the state is “still correct.”
BKD: “Allegations have been made that the
director of special projects’ responsibilities were
already being fulfilled by others in the marketing
and communications department” (p. 86) before
Tom Thornton hired Lindsay Holwick as director
of special projects.
BKD notes that as of the date of its report, Attorney General Derek Schmidt had not yet given an
opinion on the question. BKD: “The KBA generally holds one meeting a year outside the state of
Kansas. These meetings have generally been held in Washington, DC, or in the location of the
annual BIO conventions. The 2007 attorney general’s opinion was that meetings held outside …
Kansas are appropriate” (p. 82) if five specific conditions are met. BKD reports that KBA
management told it “that the KBA has no issue with the 2007 attorney general’s opinion and has
fully complied with the elements in that [opinion] when holding meetings outside of Kansas” (p.
82).
KBA notes that on Dec. 28, 2011, Attorney General Derek Schmidt issued an opinion reaffirming
the 2007 opinion: “Because the legislature has not changed the statutes upon which the [2007]
opinions are based, we cannot discern any reason to change our conclusions. ... A public entity
subject to KOMA may conduct meetings outside of Kansas or by teleconference or
videoconference if it complies with all the requirements of KOMA.”
BKD: “There was overlap to a degree. … However, Mr. Thornton drew a distinction between the
outreach done by the marketing and communications department and the director of special
projects. He indicated that the marketing and communications personnel were not asked to
attend and monitor legislative meetings or to perform outreach to or to promote the KBA with
state and national government officials. According to Thornton, these activities were either
performed by him personally or by the director of special projects” (p. 86).
Beginning on
page 86
On page 88
BKD: “Tom Thornton testified at the … Commerce
Committee meeting that Melissa Lynch [his
executive assistant at the KBA] had been
terminated for just cause. Ms Lynch disputes
Thornton’s statement and indicated to BKD that
she had resigned” (p. 86).
BKD: “… We received information relating to at
least one other employment decision by Mr.
Thornton. We were asked to investigate whether
this employment decision was made in an effort
to cover up alleged inappropriate behavior
between Mr. Thornton and Lindsay Holwick
Thornton in KBA’s office” (p. 88).
BKD reviewed pertinent emails and other records, including an internal investigation conducted
by the KBA in March 2011 that found Lynch had been terminated for cause, but BKD takes no
independent position on the question.
BKD: “Based on our review of computer forensic records and evidence and an evolution of the
relevant timetable, our assessment is that the most likely scenario is that the decision was made
for work performance related issues” (p. 88).