Auditor: Fagan’s actions should not reflect on audit or auditors
Published 10:45 am Monday, May 8, 2023
- Shemia Fagan resigned as Secretary of State following revelations she was moonlighting as a consultant for a subsidiary of La Mota, a major cannabis retailer. Her actions are under investigation by federal officials.
Editor’s note: The following is an open letter to Oregonians from the office of Kim Memmott, audits director, Oregon Secretary of State’s Office, following this week’s resignation by Secretary of State Shemia Fagan.
Much like all of you, I have learned concerning information about the actions of Secretary Fagan in her private life. By taking a contract with a cannabis business, Secretary Fagan made a mistake that tarnished her credibility and put the Audits Division into a difficult situation. Her actions have cast a shadow over the good work of the audits team, and I join Deputy Secretary (Cheryl) Myers in agreeing with the Secretary’s decision to resign. It’s the best way for the agency to move forward.
Soon, an independent, third-party review of our audit work will show we operated in full compliance with Government Auditing Standards and demonstrated our commitment to accountability, integrity and reliability. I look forward to that validation as we begin to restore the trust that is necessary to the work we do as auditors.
I’d like to spend a little time today sharing with you our side of this story.
The Secretary of State is Oregon’s chief auditor. The Secretary sets the direction for the Audits Division in an annually published plan and provides high-level input into the work of the team. Secretaries do not, however, direct what findings or conclusions go into an audit. That incredibly important job falls only to professionally trained auditors — the dedicated people on our team. Our independence, even from our boss, is a core principle in our work.
Earlier this week, we learned Secretary Fagan shared the language of her draft audit plan and allowed the owners of a cannabis business to influence the final description of the proposed Oregon Liquor and Cannabis Commission audit that appeared in her 2021 Audit Plan. This action was inappropriate. But let’s be clear: the Audit Plan isn’t the audit. After the Secretary approves the plan, my team did the actual work of independently auditing the OLCC.
To complete our audit of the OLCC, my team conducted dozens of interviews. We poured over the agency’s data and reached out to colleagues across the country. We produced over 800 workpapers documenting every step of our work. Every finding and conclusion in the report is supported by evidence. Secretary Fagan’s involvement in the audit was limited to preliminary input into the scoping phase of the audit and reviewing the final report. She had no input on the findings, conclusions or recommendations that appear in the final audit report.
It has not escaped my attention that there have been no specific findings, conclusions or evidence called into question. And yet I understand why many are concerned — and why (Gov. Tina Kotek) recommended an independent third-party investigation into the audit. Trust isn’t owed to us. It’s something we must earn.
Regrettably, Secretary Fagan’s actions may have harmed your trust in Oregon’s Audits Division. But the truth is that from the origin of the idea to audit cannabis up until its release last week, there was nothing improper by the division with how this audit was conducted. We followed auditing standards and procedures every step of the way, as we always do.
Our hope is that by doing more to highlight and clarify how we do our audit work, the people of Oregon will see the professionalism, independence and integrity their auditors bring to this work every single day.
I encourage you to read the audit yourself and review the citations backing up the work. I stand behind my staff and the work completed in our audit of OLCC, and under close examination, I think you will, too.