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Identity Theft

State Controller's Office · 2018-09-lancaster_identitytheft · Mandated program · 2018-09-18 · Lancaster City

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CITY OF LANCASTER Audit Report IDENTITY THEFT PROGRAM Chapter 956, Statutes of 2000 July 1, 2002, through June 30, 2013 BETTY T. YEE California State Controller September 2018 BETTY T. YEE California State Controller September 18, 2018 The Honorable R. Rex Parris, Mayor City of Lancaster 44933 North Fern Avenue Lancaster, CA 93534 Dear Mayor Parris: The State Controller’s Office (SCO) audited the costs claimed by the City of Lancaster for the legislatively mandated Identity Theft Program for the period of July 1, 2002, through June 30, 2013. The city claimed $1,811,489 for the mandated program. Our audit found that $242,137 is allowable ($261,223 less a $19,086 penalty for filing late claims) and $1,569,352 is unallowable because the city overstated the number of identity theft cases, overstated the time increments required to perform the reimbursable activities, misclassified contract services costs as salary costs, misclassified the employees who performed the reimbursable activities, understated salaries, benefits, and related indirect costs for city employees who performed the reimbursable activities, and understated contract services costs. The State made no payments to the city. The State will pay $242,137, contingent upon available appropriations. Following issuance of this audit report, the SCO’s Local Government Programs and Services Division will notify the city of the adjustment to its claims via a system-generated letter for each fiscal year in the audit period. This final audit report contains an adjustment to costs claimed by the city. If you disagree with the audit finding, you may file an Incorrect Reduction Claim (IRC) with the Commission on State Mandates (Commission). Pursuant to the Commission’s regulations, outlined in Title 2, California Code of Regulations, section 1185.1, subdivision (c), an IRC challenging this adjustment must be filed with the Commission no later than three years following the date of this report, regardless of whether this report is subsequently supplemented, superseded, or otherwise amended. You may obtain IRC information on the Commission’s website at www.csm.ca.gov/forms/IRCForm.pdf. If you have any questions, please contact Lisa Kurokawa, Chief, Compliance Audits Bureau, by telephone at (916) 327-3138. Sincerely, Original signed by JEFFREY V. BROWNFIELD, CPA Chief, Division of Audits The Honorable R. Rex Parris, Mayor -2- September 18, 2018 JVB/as cc: Pam Statsmann, Finance Director City of Lancaster Chris Hill, Principal Program Budget Analyst Local Government Unit California Department of Finance Steven Pavlov, Finance Budget Analyst Local Government Unit California Department of Finance Anita Dagan, Manager Local Government Programs and Services Division State Controller’s Office City of Lancaster Identity Theft Program Contents Audit Report Summary ............................................................................................................................ 1 Background ........................................................................................................................ 1 Objective, Scope, and Methodology ................................................................................. 2 Conclusion .......................................................................................................................... 3 Follow-up on Prior Audit Findings .................................................................................. 3 Views of Responsible Officials .......................................................................................... 4 Restricted Use .................................................................................................................... 4 Schedule—Summary of Program Costs .............................................................................. 5 Finding and Recommendation .............................................................................................. 11 City of Lancaster Identity Theft Program Audit Report Summary The State Controller’s Office (SCO) audited the costs claimed by the City of Lancaster for the legislatively mandated Identity Theft Program for the period of July 1, 2002, through June 30, 2013. The city claimed $1,811,489 for the mandated program. Our audit found that $242,137 is allowable ($261,223 less a $19,086 penalty for filing late claims) and $1,569,352 is unallowable because the city overstated the number of identity theft cases; overstated the time increments required to perform the reimbursable activities; misclassified contract services costs as salary costs; misclassified the employees who performed the reimbursable activities; understated salaries, benefits, and related indirect costs for city employees who performed the reimbursable activities; and understated contract services costs. The State made no payments to the city. The State will pay $242,137, contingent upon available appropriations. Background Penal Code (PC) section 530.6, subdivision (a), as added by Chapter 956, Statutes of 2000, requires local law enforcement agencies to take a police report and begin an investigation when a complainant residing within their jurisdiction reports suspected identity theft. On March 27, 2009, the Commission of State Mandates (Commission) found that this legislation mandates a new program or higher level of service for local law enforcement agencies within the meaning of Article XIII B, section 6 of the California Constitution, and imposes costs mandated by the State pursuant to Government Code (GC) section 17514. The Commission determined that each claimant is allowed to claim and be reimbursed only for the following ongoing activities identified in the parameters and guidelines (Section IV. Reimbursable Activities): 1. Either a) or b) below: a) Take a police report supporting a violation of Penal Code section 530.5 which includes information regarding the personal identifying information involved and any uses of that personal identifying information that were non-consensual and for an unlawful purpose, including, if available, information surrounding the suspected identity theft, places where the crime(s) occurred, and how and where the suspect obtained and used the personal identifying information. This activity includes drafting, reviewing, and editing the identity theft police report; or b) Reviewing the identity theft report completed online by the identity theft victim. 2. Begin an investigation of the facts, including the gathering of facts sufficient to determine where the crime(s) occurred and what pieces of personal identifying information were used for an unlawful purpose. The purpose of the investigation is to assist the victims in clearing their names. Reimbursement is not required to complete the investigation for purposes of criminal prosecution. -1- City of Lancaster Identity Theft Program The Commission also determined that providing a copy of the report to the complainant and referring the matter to the law enforcement agency in the jurisdiction where the suspected crime was committed for further investigation of the facts are not reimbursable activities. The program’s parameters and guidelines establish the state mandate and define the reimbursement criteria. In compliance with GC section 17558, the SCO issues claiming instructions to assist local agencies in claiming mandated program reimbursable costs. Objective, Scope, The objective of our audit was to determine whether costs claimed represent increased costs resulting from the legislatively mandated and Methodology Identity Theft Program. Specifically, we conducted this audit to determine whether costs claimed were supported by appropriate source documents, were not funded by another source, and were not unreasonable and/or excessive. The audit period was from July 1, 2002, through June 30, 2013. To achieve our audit objectives, we:  Reviewed the annual mandated cost claims filed by the city for the audit period and identified the material cost components of each claim as salaries. Determined whether there were any errors or unusual or unexpected variances from year to year, and reviewed the claimed activities to determine whether they adhered to the SCO’s claiming instructions and the program’s parameters and guidelines;  Completed an internal control questionnaire by interviewing key city staff, and discussed the claim preparation process with city staff to determine what information was obtained, who obtained it, and how it was used;  Obtained system-generated lists of identity theft cases from the city to verify the existence, completeness, and accuracy of unduplicated counts for each fiscal year in the audit period;  Designed a statistical sampling plan to test claimed salary costs. Judgmentally selected two of the city’s filed claims during the audit period (fiscal year [FY] 2011-12 and FY 2012-13) to test claimed salary costs. Claimed salary costs for those years comprised $328,567 of the $1,811,489 salary costs claimed during the audit period (18.1%). The specifics of the sampling plan are outlined in the Finding and Recommendation section;  Used a random number table to select 206 identity theft cases out of 716 from the two years sampled. Tested the identity theft cases to determine whether an approved police report supported that a violation of PC section 530.5 had occurred;  Used time increments to perform the reimbursable activities determined by the Los Angeles County Sheriff’s Department (LASD), as the city contracted with LASD for its law enforcement services; therefore, LASD performed the city’s mandated identity theft activities and would also have the data related to performing these activities. LASD’s audited identity theft time increments were directly -2- City of Lancaster Identity Theft Program related to the Identity Theft Program’s reimbursable activities and are properly supported;  Reclassified claimed costs from only salaries to salaries, benefits, contract services, and related indirect costs. Calculated weighted average productive hourly rates (PHRs) based on the extent that city employees performed the reimbursable activities. Calculated weighted contract services rates based on the contracted LASD employees who performed the reimbursable activities; and  Projected the audit results of the two years tested by multiplying the actual case counts by the average time increments to perform the activities by the weighted average PHRs (for salaries) and by the weighted average contract services rates (for contract services). Due to the homogeneousness of the populations for all years of the audit period, we applied a weighted two-year average of the sampling results to the remaining nine years of the audit period. GC sections 12410, 17558.5, and 17561 provide the legal authority to conduct this audit. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objective. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objective. We limited our review of the city’s internal controls to gaining an understanding of the transaction flow and claim preparation process as necessary to develop appropriate auditing procedures. Our audit scope did not assess the efficiency or effectiveness of program operations. We did not audit the city’s financial statements. Conclusion Our audit found instances of noncompliance with the requirements outlined in the Objective, Scope, and Methodology section. These instances are quantified in the accompanying Schedule (Summary of Program Costs) and described in the Finding and Recommendation section of this report. For the audit period, the City of Lancaster claimed $1,811,489 for costs of the legislatively mandated Identity Theft Program. Our audit found that $242,137 is allowable ($261,223 less a $19,086 penalty for filing late claim) and $1,569,352 is unallowable. The State made no payments to the city. The State will pay $242,137, contingent upon available appropriations. Following issuance of this audit report, the SCO’s Local Government Programs Services Division will notify the city of the adjustment via a system-generated letter for each fiscal year in the audit period. Follow-up on We have not previously conducted an audit of the city’s legislatively mandated Identity Theft Program. Prior Audit Findings -3- City of Lancaster Identity Theft Program Views of We issued a draft audit report on August 7, 2018. We contacted Pam Responsible Statsmann, Finance Director, by telephone on August 21, 2018. Ms. Statsmann declined to respond to the draft audit report. Officials Restricted Use This report is solely for the information and use of the City of Lancaster, the California Department of Finance, and the SCO; it is not intended to be and should not be used by anyone other than these specified parties. This restriction is not intended to limit distribution of this audit report, which is a matter of public record. Original signed by JEFFREY V. BROWNFIELD, CPA Chief, Division of Audits September 18, 2018 -4- City of Lancaster Identity Theft Program Schedule— Summary of Program Costs July 1, 2002, through June 30, 2013 Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustments1 July 1, 2002, through June 30, 2003 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 55,371 $ - $ (55,371) Begin an investigation of the facts 69,642 - (69,642) Total salaries 125,013 - (125,013) Contract services - 16,903 16,903 Total direct costs 125,013 16,903 (108,110) Indirect costs - - - Total direct and indirect costs 125,013 16,903 (108,110) Less late filing penalty2 - (1,690) (1,690) Total program costs $ 125,013 15,213 $ (109,800) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 15,213 July 1, 2003, through June 30, 2004 Direct costs: Salaries and benefits Taking police report for violation of PC §530.5 $ 51,402 $ - $ (51,402) Begin an investigation of the facts 64,414 - (64,414) Total salaries and benefits 115,816 - (115,816) Contract services - 16,282 16,282 Total direct costs 115,816 16,282 (99,534) Indirect costs - - - Total direct and indirect costs 115,816 16,282 (99,534) Less late filing penalty2 - (1,628) (1,628) Total program costs $ 115,816 14,654 $ (101,162) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 14,654 -5- City of Lancaster Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustments1 July 1, 2004, through June 30, 2005 Direct costs: Salaries and benefits Taking police report for violation of PC §530.5 $ 69,991 $ - $ (69,991) Begin an investigation of the facts 87,195 - (87,195) Total salaries and benefits 157,186 - (157,186) Contract services - 25,143 25,143 Total direct costs 157,186 25,143 (132,043) Indirect costs - - - Total direct and indirect costs 157,186 25,143 (132,043) Less late filing penalty2 - (2,514) (2,514) Total program costs $ 157,186 22,629 $ (134,557) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 22,629 July 1, 2005, through June 30, 2006 Direct costs: Salaries and benefits Taking police report for violation of PC §530.5 $ 62,902 $ - $ (62,902) Begin an investigation of the facts 78,135 - (78,135) Total salaries and benefits 141,037 - (141,037) Contract services - 22,952 22,952 Total direct costs 141,037 22,952 (118,085) Indirect costs - - - Total direct and indirect costs 141,037 22,952 (118,085) Less late filing penalty2 - (2,295) (2,295) Total program costs $ 141,037 20,657 $ (120,380) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 20,657 -6- City of Lancaster Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustments1 July 1, 2006, through June 30, 2007 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 94,125 $ 1,753 $ (92,372) Begin an investigation of the facts 116,242 1,565 (114,677) Total salaries 210,367 3,318 (207,049) Benefits - 962 962 Contract services - 24,539 24,539 Total direct costs 210,367 28,819 (181,548) Indirect costs - 332 332 Total direct and indirect costs 210,367 29,151 (181,216) Less late filing penalty2 - (2,915) (2,915) Total program costs $ 210,367 26,236 $ (184,131) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 26,236 July 1, 2007, through June 30, 2008 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 97,559 $ 1,874 $ (95,685) Begin an investigation of the facts 120,441 1,673 (118,768) Total salaries 218,000 3,547 (214,453) Benefits - 1,135 1,135 Contract services - 25,295 25,295 Total direct costs 218,000 29,977 (188,023) Indirect costs - 355 355 Total direct and indirect costs 218,000 30,332 (187,668) Less late filing penalty2 - (3,033) (3,033) Total program costs $ 218,000 27,299 $ (190,701) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 27,299 -7- City of Lancaster Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustments1 July 1, 2008, through June 30, 2009 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 83,740 $ 1,508 $ (82,232) Begin an investigation of the facts 104,029 1,346 (102,683) Total salaries 187,769 2,854 (184,915) Benefits - 942 942 Contract services - 22,076 22,076 Total direct costs 187,769 25,872 (161,897) Indirect costs - 285 285 Total direct and indirect costs 187,769 26,157 (161,612) Less late filing penalty2 - (2,616) (2,616) Total program costs $ 187,769 23,541 $ (164,228) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 23,541 July 1, 2009, through June 30, 2010 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 79,262 $ 1,390 $ (77,872) Begin an investigation of the facts 98,317 1,241 (97,076) Total salaries 177,579 2,631 (174,948) Benefits - 947 947 Contract services - 20,108 20,108 Total direct costs 177,579 23,686 (153,893) Indirect costs - 263 263 Total direct and indirect costs 177,579 23,949 (153,630) Less late filing penalty2 - (2,395) (2,395) Total program costs $ 177,579 21,554 $ (156,025) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 21,554 -8- City of Lancaster Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustments1 July 1, 2010, through June 30, 2011 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 67,195 $ 1,186 $ (66,009) Begin an investigation of the facts 82,960 1,059 (81,901) Total salaries 150,155 2,245 (147,910) Benefits - 876 876 Contract services - 16,501 16,501 Total direct costs 150,155 19,622 (130,533) Indirect costs - 225 225 Total program costs $ 150,155 19,847 $ (130,308) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 19,847 July 1, 2011, through June 30, 2012 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 57,147 $ 1,594 $ (55,553) Begin an investigation of the facts 97,966 1,423 (96,543) Total salaries 155,113 3,017 (152,096) Benefits - 1,388 1,388 Contract services - 20,614 20,614 Total direct costs 155,113 25,019 (130,094) Indirect costs - 302 302 Total program costs $ 155,113 25,321 $ (129,792) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 25,321 -9- City of Lancaster Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustments1 July 1, 2012, through June 30, 2013 Direct costs: Salaries Taking police report for violation of PC §530.5 $ 59,773 $ 1,378 $ (58,395) Reviewing online identity theft report 209 - (209) Begin an investigation of the facts 113,472 1,231 (112,241) Total salaries 173,454 2,609 (170,845) Benefits - 1,305 1,305 Contract services - 21,011 21,011 Total direct costs 173,454 24,925 (148,529) Indirect costs - 261 261 Total program costs $ 173,454 25,186 $ (148,268) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 25,186 Summary: July 1, 2002, through June 30, 2013 Direct costs: Salaries $ 1,811,489 $ 20,221 $ (1,791,268) Benefits - 7,555 7,555 Contract services - 231,424 231,424 Total direct costs 1,811,489 259,200 (1,552,289) Indirect costs - 2,023 2,023 Total direct and indirect costs 1,811,489 261,223 (1,550,266) Less late filing penalties - (19,086) (19,086) Total program costs $ 1,811,489 242,137 $ (1,569,352) Less payment offsets made by the State3 - Allowable costs claimed in excess of amount paid $ 242,137 _________________________ 1 See the Finding and Recommendation section. 2 The city filed its FY 2002-03 through FY 2009-10 initial reimbursement claims after the due date specified in GC section 17560. Pursuant to GC section 17561, subdivision (d)(3), the State assessed a late filing penalty equal to 10% of allowable costs, with no maximum penalty amount. 3 Payment information is current as of September 4, 2018. -10- City of Lancaster Identity Theft Program Finding and Recommendation FINDING— The city claimed $1,811,489 in salary costs for the Identity Theft Program for the audit period consisting of salaries with no related benefits or Overstated Identity indirect costs. We found that $261,223 is allowable and $1,550,266 is Theft Program costs unallowable. The unallowable costs occurred because the city overstated salary costs by $1,791,268, understated employee benefit costs by $7,555, understated contract services costs by $231,424, and understated indirect costs by $2,023. Salary costs are determined by multiplying the number of identity theft police reports by the time required to perform the reimbursable activities by the weighted average PHRs of the employee classifications that performed the reimbursable activities. Contract services costs are calculated in the same manner, except that weighted average contract rates are used for the employees performing the reimbursable activities. The costs are unallowable because the city misinterpreted the program’s parameters and guidelines, which resulted in contract services costs misclassified as salary costs, overstated identity theft reports, overstated time increments required to perform the reimbursable activities, unclaimed salary costs for certain city employees who performed the reimbursable activities, and related unclaimed employee benefit and indirect costs. The following table summarizes the claimed, allowable, and audit adjustment amounts by fiscal year: Salaries Related Related Contract Total Fiscal Amount Amount Audit Benefit Indirect Cost Services Audit Year Claimed Allowable Adjustment Adjustment Adjustment Adjustment Adjustment 2002-03 $ 125,013 $ - $ (125,013) $ - $ - $ 16,903 $ (108,110) 2003-04 115,816 - (115,816) - - 16,282 (99,534) 2004-05 157,186 - (157,186) - - 25,143 (132,043) 2005-06 141,037 - (141,037) - - 22,952 (118,085) 2006-07 210,367 3 ,318 (207,049) 962 332 24,539 (181,216) 2007-08 218,000 3 ,547 (214,453) 1,135 355 25,295 (187,668) 2008-09 187,769 2 ,854 (184,915) 942 285 22,076 (161,612) 2009-10 177,579 2 ,631 (174,948) 947 263 20,108 (153,630) 2010-11 150,155 2 ,245 (147,910) 876 225 16,501 (130,308) 2011-12 155,113 3 ,017 (152,096) 1,388 302 20,614 (129,792) 2012-13 173,454 2 ,609 (170,845) 1,305 261 21,011 (148,268) Total $ 1,811,489 $ 2 0,221 $ (1,791,268) $ 7,555 $ 2,023 $ 231,424 $ (1,550,266) Overstated counts of identity theft police reports The city reported costs incurred for performing mandated activities related to 4,200 identity theft cases for violations of PC section 530.5 (identity theft). We found that 3,619 reports are allowable and that the city overstated its counts of police reports by 581 during the audit period. -11- City of Lancaster Identity Theft Program The city did not have its own police force during the audit period and contracted with Los Angeles County for the LASD to provide its law enforcement services. LASD’s Lancaster Station provided law enforcement services to residents of the city under a Municipal Law Enforcement Service Agreement (contract), which included identity theft cases. Therefore, LASD had the relevant information about the identity theft case counts related to the city. The LASD’s database system, the Los Angeles Regional Crime Information System (LARCIS), provides unduplicated counts of initial police reports filed for violations of PC section 530.5 and identifies the specific origin of each report. We received a detailed system-generated list from LASD of identity theft reports by case number originating from the City of Lancaster for the entire 11 year audit period. We reviewed the list and noted that the city overstated its report counts for every year of the audit period. The following table summarizes the counts of identity theft cases claimed, supported by LARCIS data, allowable, and difference by fiscal year: Fiscal Per Year Claimed LARCIS Allowable Difference 2002-03 345 262 255 (90) 2003-04 311 245 239 (72) 2004-05 418 374 365 (53) 2005-06 354 323 315 (39) 2006-07 501 453 442 (59) 2007-08 483 440 429 (54) 2008-09 398 366 357 (41) 2009-10 365 325 317 (48) 2010-11 309 268 261 (48) 2011-12 354 320 307 (47) 2012-13 362 335 332 (30) Total 4,200 3,711 3,619 ( 581) Once we determined the actual counts of identity theft cases for the audit period, we developed further tests to determine whether:  A contemporaneously prepared and approved police report supported each identity theft case; and  Each police report supported that a violation of PC section 530.5 had occurred. In order to test claimed salary costs, we began by judgmentally selecting two of the city’s filed claims during the audit period (FY 2011-12 and FY 2012-13). Claimed salary costs for those years comprised $328,567 (or 18.1%) of the $1,811,489 salary costs claimed during the audit period. Due to the homogeneousness of the population of identity theft reports for all years of the audit period, we determined that the two years selected would be reasonably representative of any other year of the audit period. -12- City of Lancaster Identity Theft Program We designed a statistical sample to test the attributes identified above so that we could project our sample results to the population of identity theft reports. We selected our statistical samples of identity theft police reports based on a 95% confidence level, a sampling error of +/-8%, and an expected (true) error rate of 50%. Our sampling plan required that we test 102 reports from FY 2011-12 and 104 reports from FY 2012-13. We selected the identity theft reports for each of the two years by using random number tables. To test whether police reports supported identity theft cases, we reviewed each report selected to verify the existence of actual cost documentation (case reports) that also supported violations of PC section 530.5. Our testing disclosed the following:  For FY 2011-12, we selected 102 cases from the population of 320 PC section 530.5 cases for testing. We found that 4% of the cases were unallowable because they were not a violation of PC section 530.5 (four instances).  For FY 2012-13, we selected 104 cases from the population of 335 PC section 530.5 cases for testing. We found that 1% of the cases were unallowable because they were not a violation of PC section 530.5 (one instance). Using these testing results, we calculated an average error rate of 2.5% (4% for FY 2011-12 and 1% for FY 2012-13) and applied the average error rate to FY 2002-03 through FY 2010-11. We extrapolated and projected the results of our substantive tests of statistical samples of identity theft cases to determine the number of allowable and unallowable identity theft incident reports for the entire 11-year audit period. As shown in the table on the previous page, we found that 3,619 incident reports are allowable (4,200 less a 2.5% average error rate), and 581 incident reports for the audit period were not violations of PC section 530.5. Overstated time increments The city claimed salary costs during the audit period based on estimated time increments for performing the reimbursable activities of:  Taking a police report (drafting, reviewing, and editing) – (Activity 1a),  Reviewing a police report submitted online (Activity 1b), and  Beginning an investigation (Activity 2). The city did not provide any supporting documentation for the time increments it claimed for the first nine fiscal years of the audit period (FY 2002-03 through FY 2010-11). The city provided a declaration of time increments for FY 2012-13 prepared by a city Community Service Officer (CSO) and a Crime Analyst at LASD’s Crime Assessment Center. This declaration of time increments documented the time spent by city and -13- City of Lancaster Identity Theft Program LASD staff performing each identity theft reimbursable activity. The declaration indicated the following time increments: Reimbursable Employee Minutes Activity Classification Required 1a – Take a police report CSO 14 Deputy Sheriff 56 Total – Activity 1a 70 1b – Review online reports Deputy Sheriff Bonus I 20 2 – Begin an investigation Deputy Sheriff Bonus I 120 The city CSO and the LASD Crime Analyst indicated on the declaration form that it took them 30 minutes to gather data and complete the form, without explaining how they determined the time increments to perform the reimbursable activities. Therefore, we determined that these time increments are estimated and unsupported. When the city submitted its claims to SCO, the city provided evidence that it had contracted with LASD for all of its law enforcement services. The city also provided evidence that mandated activities were performed both by city employees and contract LASD staff. We made numerous attempts to obtain supporting documentation for the claimed time increments from the city. However, the city did not provide the requested documentation. As an alternative, we used audited LASD identity theft time increment amounts for the following reasons:  The city contracted with LASD for its law enforcement services. Therefore, LASD performed the city’s mandated identity theft activities and would also have the data related to performing these activities;  We previously audited the time increments spent by LASD staff to perform the reimbursable activities. SCO issued its audit report on June 12, 2017, for our audit of identity theft claims submitted by Los Angeles County over the period of July 1, 2004, through June 30, 2013; and  LASD’s audited identity theft time increments are directly related to the Identity Theft Program’s reimbursable activities and are properly supported. In our June 12, 2017 audit report, we noted that LASD conducted a time survey to determine how long it took to perform the reimbursable activities. In that survey, LASD broke down reimbursable activity 1.a (Taking a Police Report) into two sub-activities. Those sub-activities included writing and editing the initial police report (activity 1a.1), and reviewing the police report (activity 1a.2). LASD separated the activities because activity 1a.1 is performed by various LASD staff, while activity 1a.2 is performed only by Watch Sergeants. -14- City of Lancaster Identity Theft Program The table below summarizes the audited time increments for LASD staff to perform activities 1a.1, 1a.2, and 2: Audited Reimbursable Time Activity Increment 1a.1 – Taking a police report 26.94 1a.2 – Reviewing police reports 7.31 2 – Beginning an investigation 24.06 Costs claimed for reviewing police reports submitted online for PC section 530.5 violations (reimbursable activity 1b) are unallowable because identity theft is one of the crimes that cannot be reported online with LASD. The following table summarizes the time claimed and allowable for reimbursable activities 1a.1, 1a.2, 1b, and 2 by fiscal year: Claimed Minutes Allowable Minutes Activity 1a.1Activity 1a.2 Activity 1b Activity 2 Activity 1a.1Activity 1a.2 Activity 1b Activity 2 Taking a Reviewing a Reviewing Beginning Taking a Reviewing a Reviewing Beginning Fiscal Police Police Online an Police Police Online an Year Report Report Report Investigation Report Report Report Investigation 2002-03 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2003-04 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2004-05 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2005-06 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2006-07 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2007-08 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2008-09 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2009-10 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2010-11 70.00 30.00 - 120.00 26.94 7.31 - 24.06 2011-12 70.00 - - 120.00 26.94 7.31 - 24.06 2012-13 70.00 - 20.00 120.00 26.94 7.31 - 24.06 Misclassified Costs Actual Personnel Status and Job Classifications The city misclassified its claimed costs as salaries when they were actually primarily contract services. As noted previously, LASD staff provided the city’s law enforcement services during the audit period, although city staff performed some clerical functions related to the mandated activities. We found that the city’s costs consisted entirely of contract services for the first four years of the audit period, and in various percentages ranging from 63% to 72% for the remaining seven years. To validate the city’s assertion as to which employees performed the reimbursable activities, we:  Reviewed the employee numbers and names from the LASD LARCIS -15- City of Lancaster Identity Theft Program system-generated lists of the city’s identity theft cases for each fiscal year of the audit period to identify who performed the reimbursable activities;  Requested information supporting the actual personnel status, job classifications, and PHRs of those who performed the mandated activities for the sampled PC 530.5 police reports for FY 2011-12, and FY 2012-13; and  Determined the extent/percentage of city employees and LASD employees who performed the mandated activities for the identity theft cases. We reviewed the LASD system-generated LARCIS lists of PC 530.5 cases for the audit period. Lancaster city employees used six-character alphanumeric LARCIS codes (e.g. LN9999) and LASD contract law enforcement staff used six-character numeric codes. We used these codes to identify the authors of identity theft cases (authors). All other agencies used a six-character alphanumeric code beginning with something other than “LN” (e.g. PL9999 for a City of Palmdale employee), by which we identified authors who were not employees or contractors of the City of Lancaster and therefore of no cost to the city. We found that no city employees performed mandated activities between FY 2002-03 and FY 2005-06. We noted that city employees performed some mandated identity theft activities beginning in FY 2006-07. We provided the city with a list of the authors of identity theft cases for FY 2011-12 and FY 2012-13. The city subsequently identified each listed name as a city employee or an LASD employee and provided job classification information. We used this claimant-generated information to determine the employment status and job classifications of the authors of sampled PC 530.5 cases for the two fiscal years tested. We noted that CSOs were the only city employees that performed the mandated activities between FY 2006-07 and FY 2012-13. Based on the information provided and reviewed for FY 2011-12 and FY 2012-13, we determined an average percentage of employee involvement, which we applied to FY 2006-07 through FY 2010-11. The following table summarizes the results of our review for the actual job classifications that performed the reimbursable activities during the audit period and their percentages of involvement in the reimbursable activities: Fiscal Year 2002-03 2006-07 through through Classification 2005-06 2010-11 2011-12 2012-13 City employees 0% 32% 36% 28% LASD employees 100% 68% 63% 72% Non city/LASD employees 0% 0% 1% 0% 100% 100% 100% 100% -16- City of Lancaster Identity Theft Program Overstated and misclassified salaries The city claimed salary costs for all years of the audit period based on PHRs for the following job classifications:  Deputy Sheriff Generalist (Generalist);  Deputy Sheriff Bonus I (Bonus I); and  Sergeants. However, all of these employees were LASD staff members who provided law enforcement services to the city pursuant to the city’s contract with LASD. Therefore, all of the claimed costs were misclassified, resulting in overstated salary costs. We performed an analysis to determine allowable contract services costs. That analysis is presented under the heading of Allowable Contract Services Costs. As noted above, we found that no city employees performed mandated identity theft activities between FY 2002-03 and FY 2005-06, and that city CSOs performed some of the reimbursable activities between FY 2006-07 and FY 2012-13. The percentage involvement in these activities by city employees is noted in the previous table. Specifically, CSOs were involved with activities 1a.1 (Taking a police report) and 2 (Beginning an investigation). The city did not include any costs for CSOs in its claims for those years. Therefore, we performed an analysis to determine the amount of allowable salary costs for CSOs during the audit period. The city provided the following hourly salary rates for its CSOs for FY 2006-07 through FY 2012-13: Fiscal Salary Year Rate 2006-07 $ 27.60 2007-08 30.40 2008-09 29.38 2009-10 30.51 2010-11 31.62 2011-12 32.11 2012-13 33.01 Using this salary rate information, the corrected number of case counts, the corrected time increments, and the percentage involvement of CSOs during the audit period, we determined allowable salaries for each fiscal year. For example, the following table shows the calculation of allowable salary costs for FY 2006-07: Number of Time CSO Percentage Allowable Reimbursable Cases Increment Minutes Hours PHR Involvement Costs Activity (a) (b) c= (a) * (b) d = c/60 [e] (f) = d * e * f 1a 442 26.94 11,907 198.45 $ 27.60 32% $ 1 ,753 2 442 24.06 10,635 177.25 27.60 32% 1 ,565 Total $ 3 ,318 -17- City of Lancaster Identity Theft Program The following table presents the allowable salary costs for CSOs by fiscal year: Fiscal Allowable Year Salaries 2006-07 $ 3,318 2007-08 3,547 2008-09 2,854 2009-10 2,631 2010-11 2,245 2011-12 3,017 2012-13 2,609 Total $ 20,221 Allowable related employee benefits Benefit costs are determined by multiplying allowable salary costs by each year’s benefit rate. Employee benefits related to the allowable salaries identified above are also allowable. The city provided the benefit rates for its CSOs for FY 2006-07 through FY 2012-13. Using this information, we calculated allowable benefit costs. The following table summarizes the allowable related employee benefit costs by fiscal year: Allowable Allowable Fiscal Allowable Benefit Benefit Year Salaries Rate Costs 2002-03 $ - 0% $ - 2003-04 - 0% - 2004-05 - 0% - 2005-06 - 0% - 2006-07 3,318 29% 962 2007-08 3,547 32% 1,135 2008-09 2,854 33% 942 2009-10 2,631 36% 947 2010-11 2,245 39% 876 2011-12 3,017 46% 1,388 2012-13 2,609 50% 1,305 Total $ 20,221 $ 7,555 Allowable related indirect costs Indirect costs are determined by multiplying the salary costs by the indirect cost rate. Indirect costs related to the allowable salaries previously identified are also allowable. The parameters and guidelines offer two options for claiming indirect costs, which are (1) use 10% of labor, excluding fringe benefits; or (2) prepare an Indirect Cost Rate Proposal (ICRP) for each year of the audit period. As the city did not prepare an ICRP for any year of the audit period, we calculated allowable indirect costs using the 10% of labor, excluding fringe benefits option. -18- City of Lancaster Identity Theft Program The following table summarizes the related indirect cost audit adjustment by fiscal year: Allowable Allowable Related Salaries Indirect Indirect Fiscal Audit Cost Cost Year Adjustment Rate Adjustment 2002-03 $ - 10% $ - 2003-04 - 10% - 2004-05 - 10% - 2005-06 - 10% - 2006-07 3,318 10% 332 2007-08 3,547 10% 354 2008-09 2,854 10% 285 2009-10 2,631 10% 263 2010-11 2,245 10% 225 2011-12 3,017 10% 302 2012-13 2,609 10% 262 Total $ 20,221 $ 2,023 Allowable contract services costs Understated contract services costs The city did not include any costs for contract services in its claims during the audit period. However, as noted previously, the city contracted with Los Angeles County for its law enforcement services during the audit period, which included most of the activities related to identity theft. During the audit, the city provided us with a copy of its contract dated June 29, 2004, between the city and Los Angeles County for the period of July 1, 2004, through June 30, 2009. That contract was subsequently renewed and was in effect throughout the rest of the audit period. The contract specifies that LASD will render law enforcement functions for the city and that law enforcement services requested by the city shall be authorized annually by the city and LASD each July 1st, using an LASD SH-AD-575 Deployment of Personnel Form (SH-AD-575 Form). This form is used to indicate the level of services provided and the amounts that the city will be billed based on the rates indicated for various LASD staff. The city provided a copy of its signed SH-AD-575 Form for FY 2004-05, signed by the LASD Lancaster Station Commander and the Mayor of Lancaster. The contract law enforcement service staffing level in effect for FY 2004-05 included the following LASD employee classifications: Sworn Officers  Generalist  Bonus I  Sergeant Civilian Support Staff  Community Service Assistant (CSA)  Station Clerk -19- City of Lancaster Identity Theft Program As noted previously, we determined the extent to which LASD staff performed the mandated activities during the audit period. To determine the amount of allowable costs that the city incurred for contract services, we also needed to determine which LASD staff performed the reimbursable activities, the extent of their involvement during the audit period, and the billing rates assessed to the city by Los Angeles County for such staff. LASD Contract Staffing Levels Staff Claimed For FY 2002-03 through FY 2012-13, the city claimed the PHRs of the Generalist classification for performing mandated reimbursable activities 1a.1 (Taking a police report) and 2 (Beginning an investigation). For FY 2002-03 through FY 2010-11, the city claimed the PHRs of the Sergeant classification for performing reimbursable activity 1a.2 (Reviewing written incident reports). For FY 2012-13, the city claimed the PHRs of the Bonus I classification for performing reimbursable activities 1b (Reviewing identity theft reports submitted online) and 2 (Beginning an investigation). Staff Allowable From the information provided during audit fieldwork, we prepared a schedule to determine the extent that LASD staff performed the reimbursable activities during FY 2011-12 and FY 2012-13. To do this, we used the same population of identity theft reports that we selected for testing. Once we determined which LASD employee classifications performed the activities and the extent of their involvement for the two years, we developed an average for the involvement of each LASD staff for the remaining years of the audit period. The following table summarizes the actual job classifications that performed the reimbursable activities for FY 2011-12 and FY 2012-13, and their percentages of involvement in the reimbursable activities. The percentage levels shown for FY 2002-03 through FY 2010-11 represent an average based on FY 2011-12 and FY 2012-13. Fiscal Year 2002-03 through Classification 2010-11 2011-12 2012-13 Activities 1a.1 and 2 Generalist 43% 50% 36% Bonus I 22% 27% 16% Security Officer 3% 0% 6% CSA 32% 23% 42% 100% 100% 100% Activity 1a.2 Sergeant 100% 100% 100% -20- City of Lancaster Identity Theft Program Contract Law Enforcement Rates The city provided the LASD Law Enforcement Rates for FY 2002-03 through FY 2010-11 for all LASD contract staff. We also requested copies of the annual authorized SH-AD-575 Forms. These forms identify the specific contract staff who performed the reimbursable activities each fiscal year and the applicable contract rates assessed to the city for those staff. We attempted repeatedly to obtain this information. Subsequently, the city sent an email stating that no further information would be submitted. We then contacted the LASD Contract Law Enforcement Bureau, which provided contract rates for the specific LASD staffing levels in effect during the audit period for the law enforcement services that LASD provided to the city. Using this LASD-generated information, we calculated weighted hourly contract rates for the Generalist, Bonus I, CSA, and Security Officer classifications. These LASD staff were all involved in performing the reimbursable activity of taking a police report (activity 1a.1) and beginning an investigation (activity 2). As only the Watch Sergeants reviewed the PC 530.5 police reports, we applied their hourly rates to the reimbursable activity of reviewing PC 530.5 police reports (activity 1a.2). For example, the following table shows the calculation of the weighted average PHRs used to calculate allowable costs for FY 2002-03. Employee Hourly Percentage Weighted Classification Rate Involvement Rate Activities 1.a.1 and 2 Generalist $ 87.01 43% $ 37.41 Bonus I 92.28 22% 20.31 CSA 26.47 32% 8.47 Security Officer 39.68 3% 1.19 Weighted Hourly Rate $ 67.38 Activity 1a.2 Sergeant $ 73.98 100% $ 73.98 -21- City of Lancaster Identity Theft Program We performed a similar calculation for all other years of the audit period using updated hourly rate information. The following table summarizes the weighted contract rates applicable to the reimbursable activities for each fiscal year of the audit period: Allowable Contract Rates Fiscal Activities Activity Year 1a.a and 2 1a.2 2002-03 $ 67.38 $ 73.98 2003-04 69.13 76.95 2004-05 69.69 79.20 2005-06 73.58 84.70 2006-07 76.89 90.92 2007-08 81.38 97.83 2008-09 85.41 102.35 2009-10 87.71 104.54 2010-11 87.05 105.96 2011-12 100.73 108.39 2012-13 81.63 109.39 Calculation of allowable costs We calculated allowable costs for contract services during the audit period based on the audited counts of PC 530.5 identity theft reports, audited time increments, and weighted hourly contract rates. The weighted hourly contract rates were multiplied by 100% for FY 2002-03 through FY 2005-06, as no city employees performed the reimbursable activities for those fiscal years. The weighted rates were multiplied by 68% for FY 2006-07 through FY 2010-11, as city employees performed 32% of the reimbursable activities for those fiscal years. The weighted rates were multiplied by 63% for FY 2011-12 and 72% for FY 2012-13, as city employees performed 37% and 28%, respectively, of the reimbursable activities for those fiscal years. For example, the following table shows the calculation of allowable contract services costs for FY 2012-13: Allowable Time Allowable Weighted Case Increment Time Contract Percentage Allowable Reimbursable Count (minutes) (hours) Rate Involvement Costs Activity (a) (b) c = (a*b/60) (d) (e) (f ) = (c*d*e) 1a.1 332 26.94 149.07 $ 81.63 72% $ 8,761 1a.2 332 7.31 40.45 109.39 100% 4,425 2 332 24.06 133.13 81.63 72% 7,825 Total $ 21,011 -22- City of Lancaster Identity Theft Program The following table summarizes the allowable contract services costs by fiscal year: Allowable Contract Fiscal Services Year Costs 2002-03 $ 16,903 2003-04 16,282 2004-05 25,143 2005-06 22,952 2006-07 24,539 2007-08 25,295 2008-09 22,076 2009-10 20,108 2010-11 16,501 2011-12 20,614 2012-13 21,011 $ 231,424 Criteria Section III. (Period of Reimbursement) of the parameters and guidelines states, in part, “Actual costs for one fiscal year shall be included in each claim.” Section IV. (Reimbursable Activities) of the parameters and guidelines states: To be eligible for mandated cost reimbursement for any given fiscal year, only actual costs may be claimed. Actual costs are those costs actually incurred to implement the mandated activities. Actual costs must be traceable to and supported by source documents that show the validity of such costs, when they were incurred, and their relationship to the reimbursable activities. A source document is a document created at or near the same time the actual cost was incurred for the event or activity in question. Source documents may include, but are not limited to, employee time records or time logs, sign-in sheets, invoices, and receipts. Section IV of the parameters and guidelines also notes that evidence corroborating the source documents may include declarations. However, the parameters and guidelines also state that “corroborating documents cannot be substituted [emphasis added] for source documents.” Section V. (Claim Preparation and Submission) of the parameters and guidelines states: 1. Salaries and benefits Report each employee implementing the reimbursable activities by name, job classification, and productive hourly rate (total wages and related benefits divided by productive hours). Describe the specific -23- City of Lancaster Identity Theft Program reimbursable activities performed and the hours devoted to these activities. 2. Contracted services Report the name of the contractor and services performed to implement the reimbursable activities and attach a copy of the contract to the claim. If the contractor bills for time and materials, report the number of hours spent on the activities and all costs charged. If the contract is a fixed price, report the dates when services were performed and itemize all costs for those services during the period covered by the reimbursement claim. If the contract services were also used for purposes other than the reimbursable activities only the pro-rata portion of the services used to implement the reimbursable activities can be claimed. Submit contract consultant and invoices with the claim and a description of the contract scope of services. Recommendation The Identity Theft Program was suspended in the FY 2013-14 through FY 2017-18 Budget Acts. If the program becomes active again, we recommend that the city:  Adhere to the program’s parameters and guidelines and claiming instructions when claiming reimbursement for mandated costs; and  Ensure that claimed costs include only eligible costs, are based on actual costs, and are properly supported. -24- State Controller’s Office Division of Audits Post Office Box 942850 Sacramento, CA 94250 http://www.sco.ca.gov S17-MCC-0021