Pomona Unified School District

BETTY T. YEE California State Controller May 11, 2015 Richard Martinez, Superintendent Pomona Unified School District 800 S. Garey Ave., Suite 209 Pomona, CA 91766 Dear Mr. Martinez: The State Controller’s Office performed a desk review of costs claimed by the Pomona Unified School District for the legislatively mandated Collective Bargaining and Collective Bargaining Agreement Disclosure Program (Chapter 961, Statutes of 1975; and Chapter 1213, Statutes of 1991) for the period of July 1, 2010, through June 30, 2013. We conducted our review under the authority of Government Code sections 12410, 17558.5, and 17561. Our review was limited to ensuring that direct and indirect costs were properly reported in accordance with program requirements. The district claimed $240,303 for the mandated program. Our review found that $162,716 is allowable and $77,587 is unallowable. The costs are unallowable because the district did not report the Winton Act base-year costs, as described in the attached Summary of Program Costs and the Review Results. The State made no payments to the district. The State will pay $162,716, contingent upon available appropriations. We informed Sandra Garcia, Director of Fiscal Services, of the finding via email on April 17, 2015. We did not receive a response from the district. If you disagree with the review finding, you may file an Incorrect Reduction Claim (IRC) with the Commission on State Mandates (Commission). The IRC must be filed within three years following the date that we notify you of a claim reduction. You may obtain IRC information at the Commission’s website at www.csm.ca.gov/docs/IRCForm.pdf. If you have any questions, please contact Jim L. Spano, Chief, Mandated Cost Audits Bureau, by telephone at (916) 323-5849. Sincerely, Original signed by JEFFREY V. BROWNFIELD, CPA Chief, Division of Audits JVB/as P.O. Box 942850, Sacramento, CA 94250  (916) 445-2636 3301 C Street, Suite 700, Sacramento, CA 95816  (916) 324-8907 901 Corporate Center Drive, Suite 200, Monterey Park, CA 91754  (323) 981-6802 Richard Martinez, Superintendent -2- May 11, 2015 Attachment RE: S15-MCC-9023 cc: Leslie Barnes, Chief Financial Officer Pomona Unified School District Sandra Garcia, Director of Fiscal Services Pomona Unified School District Charles Faulkner, Assistant Director Division of Business Advisory Services Los Angeles County Office of Education Peter Foggiato, Director School Fiscal Services Division California Department of Education Amy Tang-Paterno, Education Fiscal Services Consultant Government Affairs Division California Department of Education Thomas Todd, Assistant Program Budget Manager Education Systems Unit California Department of Finance Jay Lal, Manager Division of Accounting and Reporting State Controller’s Office Pomona Unified School District Collective Bargaining and Collective Bargaining Agreement Disclosure Program Attachment 1— Summary of Program Costs July 1, 2010, through June 30, 2013 ____________________________________________________ Actual Costs Allowable Review Cost Elements Claimed per Review Adjustment 1 July 1, 2010, through June 30, 2011 Direct costs: Component activities G1 through G3: Salaries and benefits $ 50,612 $ 50,612 $ - Contract services 600 600 - Subtotal 51,212 51,212 - Less base-year direct costs adjusted by the implicit price deflator - (23,772) (23,772) Increased direct costs, G1 through G3 51,212 27,440 (23,772) Component activities G4 through G7: Salaries and benefits 1,048 1,048 - Increased direct costs, G4 through G7 1,048 1,048 - Total increased direct costs, G1 through G7 52,260 28,488 (23,772) Indirect costs 3,026 1,650 (1,376) Total program costs $ 55,286 30,138 $ (25,148) Less amount paid by the State - Allowable costs claimed in excess of (less than) amount paid $ 30,138 July 1, 2011, through June 30, 2012 Direct costs: Component activities G1 through G3: Salaries and benefits $ 42,351 $ 42,351 $ - Contract services 48,775 48,775 - Subtotal 91,126 91,126 - Less base-year direct costs adjusted by the implicit price deflator - (24,576) (24,576) Increased direct costs, G1 through G3 91,126 66,550 (24,576) Component activities G4 through G7: Salaries and benefits 844 844 - Contract services 3,750 3,750 - Increased direct costs, G4 through G7 4,594 4,594 - Total increased direct costs, G1 through G7 95,720 71,144 (24,576) Indirect costs 5,159 3,835 (1,324) Total program costs $ 100,879 74,979 $ (25,900) Less amount paid by the State - Allowable costs claimed in excess of (less than) amount paid $ 74,979 1 of 2 Pomona Unified School District Collective Bargaining and Collective Bargaining Agreement Disclosure Program Attachment 1 (continued) Actual Costs Allowable Review Cost Elements Claimed per Review Adjustment 1 July 1, 2012, through June 30, 2013 Direct costs: Component activities G1 through G3: Salaries and benefits $ 43,923 $ 43,923 $ - Contract services 31,455 31,455 - Subtotal 75,378 75,378 - Less base-year direct costs adjusted by the implicit price deflator - (25,074) (25,074) Increased direct costs, G1 through G3 75,378 50,304 (25,074) Component activities G4 through G7: Salaries and benefits 4,117 4,117 - Increased direct costs, G4 through G7 4,117 4,117 - Total increased direct costs, G1 through G7 79,495 54,421 (25,074) Indirect costs 4,643 3,178 (1,465) Total program costs $ 84,138 57,599 $ (26,539) Less amount paid by the State - Allowable costs claimed in excess of (less than) amount paid $ 57,599 Summary: July 1, 2010, through June 30, 2013 Total increased direct costs, G1 through G7 $ 227,475 $ 154,053 $ (73,422) Indirect costs 12,828 8,663 (4,165) Total program costs $ 240,303 162,716 $ (77,587) Less amount paid by the State - Allowable costs claimed in excess of (less than) amount paid $ 162,716 __________________________ 1 See Attachment 2, Review Results. 2 of 2 Pomona Unified School District Collective Bargaining and Collective Bargaining Agreement Disclosure Program Attachment 2— Review Results July 1, 2010, through June 30, 2013 BACKGROUND— In 1975, the State enacted the Rodda Act (Chapter 961, Statutes of 1975), requiring the employer and employee to meet and negotiate, thereby creating a collective bargaining atmosphere for public school employers. The legislation created the Public Employment Relations Board to issue formal interpretations and rulings regarding collective bargaining under the Rodda Act. In addition, the legislation established organizational rights of employees and representational rights of employee organizations, and recognized exclusive representatives related to collective bargaining. On July 17, 1978, the Board of Control (now the Commission on State Mandates [Commission]) determined that the Rodda Act imposed a state mandate upon school districts reimbursable under Government Code section 17561. Chapter 1213, Statutes of 1991, added Government Code section 3547.5. This section requires school districts to publicly disclose major provisions of a collective bargaining effort before the agreement becomes binding. On August 20, 1998, the Commission determined that this legislation also imposed a state mandate upon school districts reimbursable under Government Code section 17561. Claimants are allowed to claim increased costs. For components G1 through G3, increased costs represent the difference between the current- year Rodda Act activities and the base-year Winton Act activities (generally, fiscal year [FY] 1974-75), as adjusted by the implicit price deflator (IPD). For components G4 through G7, increased costs represent actual costs incurred. The seven components are as follows: G1 – Determining bargaining units and exclusive representatives G2 – Election of unit representatives G3 – Cost of negotiations G4 – Impasse proceedings G5 – Collective bargaining agreement disclosure G6 – Contract administration G7 – Unfair labor practice charges The program’s parameters and guidelines establish the state mandate and define the reimbursement criteria. The Commission adopted the parameters and guidelines on October 22, 1980, and amended them ten times, most recently on January 29, 2010. In compliance with Government Code section 17558, the State Controller’s Office (SCO) issues claiming instructions to assist school districts in claiming mandated program reimbursable costs. 1 of 3 Pomona Unified School District Collective Bargaining and Collective Bargaining Agreement Disclosure Program The current finding is the result of our review of the mandated cost claims filed for the legislatively mandated Collective Bargaining and Collective Bargaining Agreement Disclosure Program for the period of July 1, 2010, through June 30, 2013. FINDING— The district did not report the Winton Act direct costs on its mandated cost claims for FY 2010-11 through FY 2012-13. Specifically, the Unreported Winton Act district did not offset the Winton Act base-year costs against the current- base-year direct costs year Rodda Act direct costs for components G1 through G3, thus and related indirect understating the Winton Act base-year costs by $73,422 for the review costs period. Unallowable related indirect costs total $4,165. The following table summarizes the unreported Winton Act base-year cost adjustments by fiscal year: Fiscal Year 2010-11 2011-12 2012-13 Total Winton Act base-year costs, FY 1996-97 $ (5,187) $ (5,187) $ (5,187) Implicit price deflator x 4 .583 x 4 .738 x 4 .834 Winton Act base-year costs adjusted by the IPD (23,772) (24,576) (25,074) $ (73,422) Less reported Winton Act base-year costs - - - - Unreported Winton Act base-year costs adjusted by the IPD (23,772) (24,576) (25,074) (73,422) Related indirect cost adjustment (1,376) (1,324) (1,465) (4,165) Review adjustment $ (25,148) $ (25,900) $ (26,539) $ (77,587) The parameters and guidelines (Section H. Supporting Data for Claims – Report Format for Submission of Claim) state: a. For component activities G1, G2, and G3: 1. Determination of the “increased costs” for each of these three components requires the costs of current year Rodda Act activities to be offset [reduced] by the cost of the base-year Winton Act activities. The Winton Act base-year is generally fiscal year 1974- 75. Winton Act base-year costs are adjusted by the Implicit Price Deflator prior to offset against the current year Rodda Act costs for these three components. The Implicit Price Deflator shall be listed in the annual claiming instructions of the State Controller. The Winton Act base-year costs were obtained from the FY 1996-97 claim the district submitted to the SCO’s Division of Accounting and Reporting. The implicit price deflator is reported in the SCO’s annual claiming instructions. 2 of 3 Pomona Unified School District Collective Bargaining and Collective Bargaining Agreement Disclosure Program Recommendation Commencing in FY 2013-14, the district elected to participate in a block grant program, pursuant to Government Code section 17581.6, in lieu of filing annual mandated cost claims. If the district chooses to opt out of the block grant program, we recommend that the district ensure that all Winton Act base-year costs are adjusted by the implicit price deflator, as listed in the SCO’s annual claiming instructions, and are properly offset against the district’s current-year Rodda Act direct costs claimed. 3 of 3 State Controller’s Office Division of Audits Post Office Box 942850 Sacramento, CA 94250-5874 http://www.sco.ca.gov S15-MCC-9023