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CA Lottery Payroll Process and Transactions -

State Controller's Office · 2021-03-saa-lot_lottery · Lottery · 2021-03-01 · CA Lottery Payroll Process and Transactions -

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CALIFORNIA STATE LOTTERY Audit Report Payroll Process and Transactions July 1, 2016, through April 30, 2019 BETTY T. YEE California State Controller March 2021 BETTY T. YEE California State Controller March 1, 2021 Alva Vernon Johnson, Director California State Lottery 700 North Tenth Street Sacramento, CA 95811 Dear Mr. Johnson: The State Controller’s Office audited the California State Lottery’s (Lottery) payroll process and transactions for the period of July 1, 2016, through April 30, 2019. The purpose of the audit was to determine if the Lottery maintains an adequate system of internal controls over its payroll process and processed payroll and payroll-related disbursements and leave balances accurately and in accordance with collective bargaining agreements and state laws, regulations, policies, and procedures. Our audit found that the Lottery lacked adequate segregation of duties and compensating controls over the payroll process, resulting in improper and questioned payments; granted inappropriate keying access to the State’s payroll system; did not implement adequate controls to limit excessive leave balances; and did not properly administer salary advances. If you have any questions, please contact Mr. Finlayson by telephone at (916) 324-6310 or by email at afinlayson@sco.ca.gov. Sincerely, Original signed by MICHAEL REEVES, CPA Acting Chief, Division of Audits JLS/as Alva Vernon Johnson, Director -2- March 1, 2021 cc: Gregory Ahern, Chair California State Lottery Commission Nathaniel Kirtman III, Commissioner California State Lottery Commission Keetha Mills, Commissioner California State Lottery Commission Peter Stern, Commissioner California State Lottery Commission Harjinder Chima, Chief Deputy Director California State Lottery Christopher Fernandez, Deputy Director, Human Resources Division California State Lottery James Shannon, Audit Manager, Internal Audits California State Lottery Brenden Murphy, Chief, Administrative Services Division California Department of Human Resources Jil Barraza, Chief, Personnel and Payroll Services Division State Controller’s Office California State Lottery Payroll Process and Transactions Audit Contents Audit Report Summary ............................................................................................................................. 1 Background ......................................................................................................................... 1 Objectives, Scope, and Methodology ................................................................................ 2 Conclusion ........................................................................................................................... 3 Follow-Up on Prior Audit Findings .................................................................................. 5 Views of Responsible Officials .......................................................................................... 5 Restricted Use ..................................................................................................................... 5 Schedule—Summary of Audit Findings ................................................................................ 6 Findings and Recommendations ............................................................................................. 7 Appendix—Statistical Sampling Methodology Attachment—California State Lottery’s Response to Draft Audit Report California State Lottery Payroll Process and Transactions Audit Audit Report Summary The State Controller’s Office (SCO) audited the California State Lottery’s (Lottery) payroll process and transactions for the period of July 1, 2016, through April 30, 2019. The purpose of the audit was to determine if the Lottery maintains an adequate system of internal controls over its payroll process and processed payroll and payroll-related disbursements and leave balances accurately and in accordance with collective bargaining agreements and state laws, regulations, policies, and procedures. Our audit found that the Lottery lacked adequate segregation of duties and compensating controls over the payroll process, resulting in improper and questioned payments; granted inappropriate keying access to the State’s payroll system; did not implement adequate controls to limit excessive leave balances; and did not properly administer salary advances. Further details of these findings are described in the Conclusion, and Findings and Recommendations sections of this report. Background On November 6, 1984, California voters passed Proposition 37, the California State Lottery Act of 1984 (Lottery Act), which authorized the creation of a state-operated lottery. The Lottery Act is found in Chapter 12.5, section 8880 et seq., of the Government Code. The Lottery Act created the California State Lottery Commission (Commission) and gave it broad powers to oversee the Lottery’s operations. The purpose of the Lottery Act is to provide supplemental money to benefit public education without the imposition of additional or increased taxes. The Lottery has eight divisions: Executive, Finance, Human Resources, Operations, Public Affairs and Communications, Security and Law Enforcement, Information Technology Services, and Sales and Marketing. As of October 1, 2020, the Lottery has 909 budgeted positions; staff are located at Lottery Headquarters, two distribution centers, and nine district offices. In 1979, the State of California adopted collective bargaining for state employees. This created a significant workload increase for the SCO’s Personnel and Payroll Services Division (PPSD), as PPSD was the State’s centralized payroll processing center for all payroll-related transactions. PPSD decentralized the processing of payroll, allowing state agencies and departments to process their own payroll-related transactions. The Lottery’s Transactions and Payroll Unit in the Human Resources Division has the responsibility of processing personnel transactions, payroll, leave balances, and benefits. Pursuant to Government Code (GC) section 8880.46.6, the SCO may conduct special post-audits of the Lottery, as the State Controller deems necessary. The Controller or his/her agents conducting an audit under this chapter shall have access and authority to examine any and all records of the Commission. -1- California State Lottery Payroll Process and Transactions Audit GC section 12410 states, in part: The Controller shall superintend the fiscal concerns of the state. The Controller shall audit all claims against the state, and may audit the disbursement of any state money, for correctness, legality, and for sufficient provision of law for payment. In addition, GC section 12411 stipulates that “ . . . the Controller shall suggest plans for the improvement and management of revenues.” Furthermore, GC section 12476 states, “The Controller may audit the uniform state pay roll system, the State Pay Roll Revolving Fund, and related records of state agencies within the uniform State’s payroll system, in such manner as the Controller may determine.” Objectives, Scope, The objectives of the audit to were to determine whether the Lottery: and Methodology  Maintained adequate and effective internal controls over its payroll process;  Processed payroll and payroll-related disbursements and leave balances accurately and in accordance with collective bargaining agreements and state laws, regulations, policies, and procedures; and  Administered salary advances in accordance with collective bargaining agreements and state laws, regulations, policies, and procedures. The audit period was July 1, 2016, through April 30, 2019. To achieve our audit objectives, we:  Reviewed State and the Lottery’s policies and procedures related to the payroll process to understand the Lottery’s methodology for processing various payroll and payroll-related transactions;  Interviewed the Lottery’s payroll personnel to gain an understanding of the Lottery’s internal controls and methodology for processing payroll and payroll-related transactions;  Selected the following transactions recorded in the State’s payroll database using statistical sampling (see the Appendix), judgmental selection, and targeted selection based on risk factors and other relevant criteria: o 11 employees with keying access to the State’s payroll system; o 45 out of 25,977 ($226,378 out of $131,774,771) regular pay transactions; o 129 out of 1,639 ($251,601 out of $1,072,513) overtime transactions; o 66 out of 133 ($948,295 out of $1,532,296) lump sum transactions; -2- California State Lottery Payroll Process and Transactions Audit o 115 out of 3,615 ($230,165 out of $6,886,700) 9G bonus pay transactions; o 34 out of 1,216 ($16,704 out of $331,789) holiday credit accrual transactions; o 31 out of 69 ($480,624 out of $903,755) excess vacation and annual leave balances; o Five out of 237 ($38,628 out of $1,500,000) G1 payment transactions;  Analyzed and tested the selected transactions, and reviewed relevant files and records to determine the accuracy of payroll and payroll- related payments, accuracy of leave transactions, adequacy and effectiveness of internal control over the payroll process, and compliance with collective bargaining agreements and state laws, regulations, policies, and procedures; and  Reviewed all eight ($10,935) salary advance transactions to determine whether the Lottery administered and recorded them in accordance with collective bargaining agreements and state laws, regulations, policies, and procedures. 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 objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. We limited our review of internal control to gain an understanding of the Lottery’s payroll processes. We did not audit the Lottery’s financial statements. Conclusion Our audit determined that the Lottery:  Did not maintain adequate and effective internal controls over its payroll process. We found the following deficiencies in internal control over the payroll process that we consider to be material weaknesses:1 o Inadequate segregation of duties and compensating controls over payroll transactions (see Finding 1); 1 A deficiency in internal control over compliance exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with provisions of laws, regulations, or contracts on a timely basis. Control deficiencies, either individually or in combination with other control deficiencies, may be evaluated as significant deficiencies or material weaknesses. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with provisions of laws, regulations, or contracts will not be prevented, or detected and corrected, on a timely basis. A significant deficiency over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with provisions of laws, regulations, or contracts that is less severe than a material weakness, yet important enough to merit attention from those charged with governance. -3- California State Lottery Payroll Process and Transactions Audit o Inappropriate keying access to the State’s payroll system (see Finding 2); o Failure to implement controls to limit the accumulation of vacation and annual leave balances, resulting in liability for excessive balances (see Finding 3); o Inadequate controls to ensure that separation lump-sum payments were calculated correctly and paid in a timely manner, resulting in improper and late payments (see Finding 4); o Inadequate controls to ensure that overtime payments were calculated correctly, supported, and granted to eligible employees, resulting in improper and questioned payments (see Finding 5); o Inadequate controls to ensure that bonus payments were calculated correctly and granted to eligible employees, resulting in improper payments (see Finding 6); o Inadequate controls to ensure that holiday credits were granted to eligible employees and supported with documentation, resulting in improper and questioned credits (see Finding 7); and o Inadequate controls to ensure collection of salary advances in a timely manner, resulting in failure to recover outstanding amounts (see Finding 8).  Did not process payroll and payroll-related disbursements and leave balances accurately and in accordance with collective bargaining agreements and state laws, regulations, policies, and procedures. We found the following instances of noncompliance: o Excessive vacation and annual leave balances with a value of at least $903,755 as of March 31, 2019 (see Finding 3). Although an October 20, 2020 directive from the California Department of Human Resources (CalHR) does not affect the dollar value of this finding, we are disclosing this directive because it affects our recommendation. CalHR has directed departments to immediately suspend policies that require leave balances to be reduced below the limit, and that require employees to implement leave-reduction plans. This suspension will be in effect until the 2020 Personal Leave Program (2020 PLP) ends or July 1, 2022, whichever is sooner; o Improper and late payments made for employee separation lump- sum pay (see Finding 4), improper and questioned payments made for overtime pay (see Finding 5), improper payments made for bonus pay (see Finding 6); and improper and questioned holiday credits (see Finding 7), costing an estimated net total of $127,477 (see Findings 4, 5, 6, and 7); and  Did not administer salary advances in accordance with collective bargaining agreements and state laws, regulations, policies, and procedures for three salary advances, totaling $2,500 that remained outstanding as of April 30, 2019 (see Finding 8). See the Schedule for a summary of the audit findings. -4- California State Lottery Payroll Process and Transactions Audit Follow-Up on Prior The SCO previously performed an audit of the Lottery’s payroll process for the period from July 1, 2012, through June 30, 2015, and issued a report Audit Findings on February 24, 2017. The audit report included findings regarding keying access, lump-sum payments, and overtime. Based on the work performed during our current audit, we noted similar findings (see Findings 2, 4, and 5). Views of We issued a draft audit report on November 3, 2020. Alva Vernon Responsible Johnson, Director, responded by letter dated November 16, 2020 (Attachment), agreeing with the audit results. This final audit report Officials includes the Lottery’s response. Restricted Use This report is intended for the information and use of the Lottery, the Commission, CalHR, 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 report, which is a matter of public record, and is available on the SCO website at www.sco.ca.gov. Original signed by MICHAEL REEVES, CPA Acting Chief, Division of Audits March 1, 2021 -5- California State Lottery Payroll Process and Transactions Audit Schedule— Summary of Audit Findings Total Dollar Number of Number of Dollar Amount Amount of Units of Dollar Amount Selections Selection of Selections Known and Finding Audit Area Tested Method of Selection Population of Population Examined Unit Examined Likely Issues Number Segregation of duties N/A N/A N/A N/A N/A - - 1 System access Targeted 11 - 11 Employee - - 2 Excess vacation and annual leave Statistical 69 $ 903,755 31 Employee $ 480,624 $ 903,755 3 Separation lump-sum pay Statistical and targeted 133 1,532,296 66 Employee 948,295 6 91 4 Overtime pay Statistical and targeted 1,639 1,072,513 129 Transaction 251,601 3 3,395 5 9G bonus pay Statistical and targeted 3,615 6,886,700 115 Transaction 230,165 8 0,222 6 Holiday credit Targeted 1,216 3 31,789 34 Transaction 16,704 1 3,169 7 Salary advances Targeted 8 10,935 8 Transaction 10,935 2,500 8 Total $ 10,737,988 $ 1 ,938,324 $ 1 ,033,732 -6- California State Lottery Payroll Process and Transactions Audit Findings and Recommendations FINDING 1— The Lottery lacked segregation of duties within its Transactions and Inadequate Payroll Unit to ensure that only valid and authorized payroll transactions segregation of were processed. The Lottery also failed to implement other controls to compensate for this risk. duties and compensating GC sections 13400 through 13407 require state agencies to establish and controls over maintain internal controls, including proper segregation of duties and an payroll effective system of internal review. Adequate segregation of duties transactions reduces the likelihood that fraud or error will remain undetected by providing for separate processing by different individuals at various stages of a transaction and for independent reviews of the work performed. Our audit found that Transactions and Payroll Unit staff performed conflicting duties. Staff members performed multiple steps in processing payroll transactions, including entering data into the State’s payroll system; auditing employee timesheets; reconciling payroll, including reconciling system output to source documentation; reporting payroll exceptions; and processing adjustments. For example, staff members keyed in regular and overtime pay and reconciled the master payroll, overtime, and other supplemental warrants. The Lottery did not have compensating controls, such as a periodic supervisory review, to mitigate the risks associated with such a deficiency. The lack of adequate segregation of duties and compensating controls has a pervasive effect on the Lottery payroll process, and impairs the effectiveness of other controls by rendering their design ineffective or by keeping them from operating effectively. These control deficiencies, in combination with other deficiencies discussed in Findings 2 through 8, represent a material weakness in internal control over the payroll process such that there is a reasonable possibility that noncompliance with provisions of laws, regulations, or contracts will not be prevented, or detected and corrected, on a timely basis. Good internal control practices require that the following functional duties be performed by different work units, or at minimum, by different employees within the same unit:  Recording transactions – This duty refers to the record-keeping function, which is accomplished by entering data into a computer system.  Authorization to execute – This duty belongs to individuals with authority and responsibility to initiate and execute transactions.  Periodic review and reconciliation of actual payments to recorded amounts – This duty refers to making comparisons of information at regular intervals and taking action to resolve differences. -7- California State Lottery Payroll Process and Transactions Audit Recommendation We recommend that the Lottery:  Separate conflicting payroll function duties to the greatest extent possible. Adequate segregation of duties will provide a stronger system of internal control whereby the functions of each employee are subject to the review of another. If it is not possible to segregate payroll functions fully and appropriately, the Lottery should implement compensating controls. For example, if the Transactions and Payroll Unit staff member responsible for recordkeeping also performs a reconciliation process, then the supervisor should perform and document a detailed review of the reconciliation to provide additional control over the assignment of conflicting functions. Compensating controls may also include dual authorization requirements and documented reviews of payroll system input and output; and  Develop formal procedures for performing and documenting compensating controls. The Lottery lacked adequate controls to ensure that only appropriate staff FINDING 2— had keying access to the State’s payroll system. If not mitigated, this Inappropriate control deficiency leaves payroll data at risk of misuse, abuse, and keying access to unauthorized use. the State’s payroll system We audited the records of 11 Lottery employees who had keying access to the State’s payroll system at various times between July 2016 and April 2019. Of the 11 employees, five had inappropriate keying access to the State’s payroll system. The five individuals did not have their keying access immediately removed after their separation from state service, transfer to another agency, change in classification, or temporary access expired. For example, a Staff Services Manager I was allowed temporary keying access to the payroll system from August 25, 2016, through February 24, 2017. However, the Lottery did not remove or modify the employee’s access until April 24, 2019, 789 days later. The SCO maintains the State’s payroll system. The system is decentralized, thereby allowing employees of state agencies to access it. PPSD has established a Decentralized Security Program Manual that all state agencies are required to follow in order to access the payroll system. The program’s objectives are to secure and protect the confidentiality and integrity of payroll data against misuse, abuse, and unauthorized use. The Decentralized Security Program Manual states, in part: The PPSD system contains sensitive and confidential information. Access is restricted to persons with an authorized, legal, and legitimate business requirement to complete their duties. . . . Currently, PIMS, HIST, KEYM, PIP, LAS, MPC and/or ACAS applications are restricted to Personnel Specialists or Personnel Technician classifications because their need is by definition a function -8- California State Lottery Payroll Process and Transactions Audit of their specific job duties and any change in those duties requires a reevaluation of the need for access. If the employee’s duties change, such that the need for access no longer exists, the access privilege MUST be removed or deleted immediately by a request submitted by the department/campus. . . . To prevent unauthorized use by a transferred, terminated or resigned employee's user ID, the Security Monitor must IMMEDIATELY submit all pages of the PSD125A to delete the user’s system access. Using an old user ID increases the chances of a security breach which is a serious security violation. Sharing a user ID is strictly prohibited and a serious violation. Recommendation We recommend that the Lottery:  Update keying access to the State’s payroll system immediately after employees leave the Lottery, transfer to another unit, change classifications, or when temporary access period expires; and  Periodically review access to the system to verify that access complies with the Decentralized Security Program Manual. FINDING 3— The Lottery did not implement controls to ensure that it adhered to the requirements of collective bargaining agreements and state regulations to Inadequate limit the accumulation of vacation and annual leave credits. This controls over deficiency resulted in a known and likely liability for excessive leave vacation and balances with a value of at least $903,755 as of March 31, 2019. We expect annual leave the liability to increase if the Lottery does not take action to address the balances, resulting excessive vacation and annual leave balances. in liability for excessive balances Collective bargaining agreements and state regulations limit the amount of vacation and annual leave that most state employees may accumulate to no more than 640 hours. The limit on leave balances helps state agencies to manage leave balances and control the State’s liability for accrued leave credits. State agencies may allow employees to carry a higher leave balance only under limited circumstances. For example, an employee may not be able to reduce accrued vacation or annual leave hours below the limit due to business needs. When an employee’s leave accumulation exceeds or is projected to exceed the limit, state agencies should work with the employee to develop a written plan to reduce leave balances below the applicable limit. Our examination of the Lottery’s leave accounting records determined that the Lottery had 774 employees with unused vacation or annual leave credits at March 31, 2019. Of those employees, 69 (9%) exceeded the limit set by collective bargaining agreements and state regulations. For example, one employee had an accumulated balance of 2,218 hours in annual leave, or 1,578 hours beyond the 640-hour limit. Collectively, the 69 employees accumulated more than 24,660 hours in excess vacation and annual leave, costing at least $903,755 as of March 31, 2019. -9- California State Lottery Payroll Process and Transactions Audit We used a statistical sampling method to randomly select 31 of the 69 employees (as described in the Appendix) over the 640-hour limit to determine whether the Lottery complied with collective bargaining agreements and state regulations. The Lottery provided leave reduction plans for 25 of the 31 employees; however, the Lottery could not demonstrate that it had allowed the employees to carry vacation or annual leave balances beyond the limit based on exceptions specified in the bargaining agreements and state regulations. The known liability for the 31 employees is approximately $480,624. Because the statistical sample of 31 employees was representative of the population, we projected our finding upon the remaining population. This resulted in total known and likely liability due to noncompliance with bargaining agreements and state regulations to the state of approximately $903,755. The following table summarizes the results of our statistical sampling: Known excess vacation and annual leave balance liability $ 480,624 Divide by: Sample 480,624 Error rate for projection (differences due to rounding) 100.00% Population that was statistically sampled $ 903,755 Multiply by: Error rate for projection 100.00% Known and likely excess vacation and annual leave balance liability 903,755 Less: Known excess vacation and annual leave balance liability 480,624 Likely excess vacation and annual leave balance liability $ 423,131 _____________ * Amounts in this table are rounded to the nearest dollar. This estimated liability does not adjust for salary rate increases and additional leave credits.2 For example, a Lottery employee separated from state service with 1,687 hours in leave credits, including 1,597 hours in annual leave. After adjusting for additional leave credits, the employee was paid for 1,943 hours, or approximately 15% more. If the Lottery does not take action to reduce the excessive leave balances, the liability for accrued vacation and annual leave will likely increase. This is because most employees will receive salary increases or use other non- compensable leave credits instead of vacation or annual leave, increasing their vacation or annual leave balances. Although an October 20, 2020 directive from CalHR does not affect the dollar value of this finding, we are disclosing this directive because it affects our recommendation. CalHR has directed departments to immediately suspend policies that require leave balances to be reduced below the limit, and that require employees to implement leave-reduction plans. This suspension will be in effect until the 2020 PLP ends, or July 1, 2022, whichever is sooner. 2 Most state employees receive pay rate increases every year pursuant to state laws and/or collective bargaining agreements until they reach the top of their pay scale, or promote into a higher-paying position. In addition, when an employee’s accumulated leave balances upon separation are calculated for lump-sum pay, the employee is credited with additional leave credits equal to the amount that the employee would have earned had the employee taken time off and not separated from state service. -10- California State Lottery Payroll Process and Transactions Audit Recommendation We recommend that, after the 2020 PLP ends, or July 1, 2022, whichever is sooner, the Lottery:  Implement controls to ensure that its employees’ vacation and annual leave balances are maintained within levels allowed by collective bargaining agreements and state regulations;  Conduct ongoing monitoring of controls to ensure that they are implemented and operating effectively; and  Participate in leave buy-back programs if the State offers such programs and funds are available. FINDING 4— The Lottery lacked adequate controls over the processing of employee Inadequate separation lump-sum pay. We identified a net total of $691 of known and controls over likely improper payments consisting of $13,449 in known and likely overpayments and $12,758 in known and likely underpayments. The separation lump- Lottery also did not make separation lump-sum payments to 13 employees sum pay, resulting in a timely manner. If not mitigated, these control deficiencies leave the in improper and Lottery at risk of making additional improper and untimely separation late payments lump-sum payments, noncompliance with agreements and laws, and liability for late payments. GC section 19839 allows lump-sum payment for accrued eligible leave credits when an employee separates from state employment. Collective bargaining agreements include similar provisions regarding separation lump-sum pay. The Lottery processed payments for separation lump-sum pay, totaling $1,532,296, for 133 employees between July 2016 and April 2019. We examined the separation lump-sum pay for the 12 employees with the highest payments, totaling $548,771. Of the 12 employees, the Lottery overpaid three of them by $2,386, and underpaid three of them by approximately $2,561 because Transactions and Payroll Unit staff miscalculated the number of hours that would be paid in the lump sum payment. Of the remaining 121 payments to employees, totaling $983,525, we randomly selected a statistical sample (as described in the Appendix) of 54 employees who were paid separation lump-sum pay, totaling $399,523. We found that the Lottery overpaid six of them by approximately $4,494 and underpaid seven of them by approximately $4,142. The overpayments and underpayments were made because Transactions and Payroll Unit staff miscalculated leave balances paid. The Lottery also lacked adequate supervisory review to ensure accurate processing of separation lump-sum pay. As we used a statistical sampling method to select the employees whose payments for separation lump-sum pay were examined, we projected the amount of likely overpayments to be $6,569 and likely underpayments to be $6,055. -11- California State Lottery Payroll Process and Transactions Audit The following table summarizes the results of our statistical sampling: Known improper payments, net $ 352 Divide by: Sample 399,523 Error rate for projection (differences due to rounding) 0.09% Population that was statistically sampled 983,525 Multiply by: Error rate for projection 0.09% Known and likely improper payments, net (differences due to rounding) 866 Less: Known improper payments, net 352 Likely improper payments, net $ 514 _____________ * Amounts in this table are rounded to the nearest dollar. In addition, of the 66 separation lump-sum payments that we examined, 13 were not paid in a timely manner, in violation of collective bargaining agreements and state laws, as summarized in the CalHR Human Resources Manual, section 1703. GC sections 13400 through 13407 require state agencies to establish and maintain internal controls, including an effective system of internal review. Recommendation We recommend that the Lottery:  Establish adequate controls to ensure accurate calculation and timely payment of separation lump-sum pay;  Conduct a review of payments for separation lump-sum pay made during the past three years to ensure that the payments were accurate and in compliance with collective bargaining agreements and state law; and  Recover overpayments made to separated employees in accordance with GC section 19838 and State Administrative Manual (SAM) section 8776.6, and properly compensate those employees who were underpaid. FINDING 5— The Lottery lacked adequate controls over the processing of overtime pay. We identified a net total of $33,395 of known and likely improper and Inadequate questioned overtime payments. This consists of $24,071 in known and controls over likely overpayments, $4,380 known and likely underpayments, and overtime pay, $13,704 in known and likely questioned payments. If not mitigated, the resulting in control deficiencies leave the Lottery at risk of making additional improper and improper payments for overtime pay. questioned payments The Lottery processed 1,639 overtime pay transactions, totaling $1,072,513, between July 2016 and April 2019. We examined all four overtime pay transactions, totaling $1,764, for Work Week Group (WWG) E employees who are not eligible to receive overtime pay under -12- California State Lottery Payroll Process and Transactions Audit normal circumstances. Of the four transactions, the Lottery overpaid two payments to one employee, totaling $85. The employee was not eligible for overtime compensation. CalHR’s California State Civil Service Pay Scales, section 10, states, in part: Work Week Group “E” includes classes that are exempted from coverage under the Fair Labor Standards Act because of the “white- collar” (administrative, executive, professional) exemptions. To be eligible for this exemption a position must meet both the “salary basis” and the “duties” test. Exempt (WWG E) employees are paid on a “salaried” basis and the regular rate of pay is full compensation for all hours worked to perform assigned duties. However, these employees shall receive up to 8 hours holiday credit when authorized to work on a holiday. WWG E employees shall not receive any form of additional compensation, whether formal or informal, unless otherwise provided by the provisions of this work week group. We also examined 20 overtime pay transactions, totaling $188,828, for WWG 2 employees who were paid for at least 60 hours. We found that of the 20, two were overpayments, totaling $293. Of the remaining 1,615 overtime pay transactions, totaling $881,921, for WWG 2 employees who were paid for less than 60 hours of overtime between July 2016 and April 2019, we randomly selected a statistical sample (as described in the Appendix) of 105 transactions, totaling $61,009. Of the 105 transactions, the Lottery overpaid 20 of them by $1,639, and underpaid one by $303. We also questioned two transactions, totaling $948, because the Lottery could not provide timesheets to support that the payments were valid and authorized. As we used a statistical sampling method to select the overtime pay transactions examined, we projected the amount of likely overpayments to be $22,054, likely underpayments to be $4,077, and likely questioned payments to be $12,756. The following table summarizes the results of our statistical sampling: Known improper and questioned payments, net $ 2,284 Divide by: Sample 61,009 Error rate for projection (difference due to rounding) 3.7437% Population that was statistically sampled 881,921 Multiply by: Error rate for projection 3.74371% Known and likely improper and questioned payments, net (difference due to rounding) 33,017 Less: Known improper and questioned payments, net 2,284 Likely improper and questioned payments, net $ 30,733 _____________ * Amounts in this table are rounded to the nearest dollar. -13- California State Lottery Payroll Process and Transactions Audit The known overpayments and underpayment occurred because Transactions and Payroll Unit staff made keying and calculation errors. The Lottery also lacked adequate supervisory review to ensure accurate processing of overtime pay. GC sections 13402 through 13407 require state agencies to establish and maintain internal controls, including a system of policies and procedures adequate to ensure compliance with applicable laws and other requirements, and an effective system of internal review. Recommendation We recommend that the Lottery:  Conduct a review of payments for overtime pay made during the past three years to ensure that the payments complied with collective bargaining agreements and state laws and policies; and  Recover overpayments made to employees through an agreed-upon collection method in accordance with GC section 19838, and properly compensate those employees who were underpaid. We further recommend that, to prevent improper overtime payments from recurring, the Lottery:  Establish adequate internal controls to ensure that payments are accurate and comply with collective bargaining agreements and state laws and policies; and  Provide adequate oversight to ensure that the Transactions and Payroll Unit staff process only valid and authorized payments that comply with collective bargaining agreements and state laws and policies. FINDING 6— The Lottery lacked adequate controls over the processing of payment type Inadequate 9G bonus pay. We identified $80,222 in known and likely overpayments controls over for bonus pay. If not mitigated, the control deficiencies leave the Lottery at risk of additional improper payments for bonus pay. bonus payments, resulting in The Lottery processed 3,615 bonus pay transactions, totaling $6,886,700, improper between July 2016 and April 2019. payments We examined six employees’ bonus pay transactions, totaling $25,000, because they did not appear to adhere to the SEIU Local 1000 $2,500 signing bonus criteria. The Lottery overpaid five of the six employees, totaling $12,500. Four employees were paid $2,500 twice, and one employee was not eligible for the bonus. Section 11.2 A., Signing Bonus, of the collective bargaining agreements between the State and Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21, effective for the period of July 2, 2016, through January 1, 2020, states: Upon ratification of the MOU, SEIU Local 1000 represented employees shall receive a one-time bonus of two thousand five hundred dollars ($2,500)… -14- California State Lottery Payroll Process and Transactions Audit We also examined the four highest bonus pay transactions (excluding the SEIU $2,500 bonus transactions), totaling $16,530. Our examination of the transactions found no exceptions. Of the remaining 3,078 9G bonus pay transactions, totaling $5,530,170, we randomly selected a statistical sample (as described in the Appendix) of 105 transactions, totaling $188,635. Of the 105 transactions, the Lottery overpaid four of them, totaling $2,310. As we used a statistical sampling method to select the bonus pay transactions examined, we projected the amount of likely overpayments to be $65,412. The overpayments occurred because Transactions and Payroll Unit staff made keying errors, and because sales bonus reports did not match system information. The Lottery also lacked adequate supervisory review to ensure accurate processing of bonus pay. The following table summarizes the results of our statistical sampling: Known improper payments, net $ 2,310 Divide by: Sample 188,635 Error rate for projection (difference due to rounding) 1.2246% Population that was statistically sampled 5,530,170 Multiply by: Error rate for projection 1.22459% Known and likely improper payments, net (difference due to rounding) 67,722 Less: Known improper payments, net 2,310 Likely improper payments, net $ 65,412 _____________ * Amounts in this table are rounded to the nearest dollar. GC sections 13402 through 13407 require state agencies to establish and maintain internal controls, including a system of policies and procedures adequate to ensure compliance with applicable laws and other requirements, and an effective system of internal review. Recommendation We recommend that the Lottery:  Conduct a review of bonus payments made during the past three years to ensure that the payments complied with collective bargaining agreements and state laws and policies; and  Recover overpayments made to employees through an agreed-upon collection method in accordance with GC section 19838. We further recommend that, to prevent improper bonus payments from recurring, the Lottery:  Establish adequate internal controls to ensure that payments are accurate and comply with collective bargaining agreements and state laws and policies; and  Provide adequate oversight to ensure that Transactions and Payroll Unit staff process only valid and authorized payments that comply with collective bargaining agreements and state laws and policies. -15- California State Lottery Payroll Process and Transactions Audit FINDING 7— The Lottery lacked adequate controls over the processing of holiday credit Inadequate transactions. We identified approximately $12,331 in improper holiday controls over credits. In addition, we questioned one transaction, valued at $838, because the timesheet could not be provided. If not mitigated, this control holiday credit deficiency leaves the Lottery at risk of granting additional improper transactions, holiday credits. resulting in improper credits The Lottery processed 1,216 accrual transactions of holiday credit between July 2016 and April 2019. We examined 34 of these transactions, with an estimated value of $16,704, because they contained irregular credit amounts. Of the 34 transactions, 30 were improper credits, with an estimated value of $12,331. In addition, the Lottery could not provide supporting documentation for one transaction; therefore we questioned an accrual of 24 hours with an estimated value of $838. The improper holiday credit transactions were made because Transactions and Payroll Unit staff improperly calculated holiday credit hours. The Lottery also lacked adequate supervisory review to ensure accurate processing of holiday credits. GC section 19853 specifies the compensation that an eligible employee is entitled to receive when required to work on a qualifying holiday. Collective bargaining agreements between the State and Bargaining Units 1 and 7 include similar provisions regarding holiday compensation for represented employees. GC sections 13400 through 13407 require state agencies to establish and maintain internal controls, including an effective system of internal review. Recommendation We recommend that the Lottery:  Conduct a review of holiday credits granted during the past three years to ensure that credits complied with collective bargaining agreements and state law;  Correct any improper holiday credits in the State’s leave accounting system; and  Establish adequate controls to ensure that holiday credits granted are valid and comply with collective bargaining agreements and state law. FINDING 8— The Lottery lacked adequate controls over salary advances to ensure that Inadequate they were recovered in accordance with state law and policies. We determined that three salary advances, totaling $2,500, were not properly controls over collected and remained outstanding as of April 30, 2019. The oldest salary advances, unrecovered salary advance was outstanding for over two years. If not resulting in mitigated, this control deficiency leaves the Lottery at risk of failing to outstanding collect further salary advances. amounts -16- California State Lottery Payroll Process and Transactions Audit At April 30, 2019, the Lottery’s accounting records showed eight outstanding salary advances, totaling $10,935, including two balances totaling $2,300 that had been outstanding for more than one year. Generally, the prospect of collection diminishes as an account ages. When an agency is unable to collect after three years, the possibility of collection is remote. The Lottery also did not adequately retain supporting documentation for salary advances. In addition to the two salary advances noted above, the Lottery could not provide adequate supporting documentation for another salary advance, totaling $200. Only the Salary Advance Request form could be provided. The Lottery did not have documentation to show collection efforts or calculation of salary advance amounts. The lack of adequate controls over salary advances reduces the likelihood of collection, increases the amount of resources expended on collection efforts, and negatively impacts cash flow. GC section 19838 and SAM sections 8776 and 8776.7 describe the State’s collection policies and procedures, which require the Lottery to collect salary advances in a timely manner and maintain proper records of collection efforts and payments. Recommendation We recommend that the Lottery:  Ensure that it recovers salary advances in a timely manner pursuant to GC section 19838 and SAM sections 8776 and 8776.7; and  Maintain documentation of its collection efforts and payment of salary advances. -17- California State Lottery Payroll Process and Transactions Audit Appendix— Statistical Sampling Methodology Results Expected Projected to Audit Type of Population Population Sampling Sample Selection Confidence Tolerable Error Sample Intended Finding Area Testa (Unit) (Dollar) Unit Method Level Error Rate (Rate)b Size Population Number Computer-generated Regular Pay Compliance 25,977 $ 1 31,774,771 Transaction 90% 5% 0 (0.0%) 45 Yes N/A simple random Excess vacation and Computer-generated annual leave Compliance 69 9 03,755 Employee 90% 10% 2 (1.0%) 31 Yes 3 simple random balances Separation Computer-generated Compliance 121 9 83,525 Employee 90% 5% 2 (1.0%) 54 Yes 4 lump-sum pay simple random Computer-generated Overtime pay Compliance 1,615 8 81,921 Transaction 90% 5% 2 (1.5%) 105 Yes 5 simple random Computer-generated Bonus pay Compliance 3,078 5 ,530,170 Transaction 90% 5% 2 (1.5%) 105 Yes 6 simple random __________________ a We used attribute sampling for tests of compliance. It allowed us to achieve our objectives in an efficient and effective manner. The sample was designed in accordance with the American Institute of Certified Public Accountants guidelines. b Pursuant to the American Institute of Certified Public Accountant’s Audit Guide: Audit Sampling (May 1, 2017 edition), pages 131-133, the expected error is the expected number of errors planned for in the sample. It is derived by multiplying the expected error rate by the sample size. The expected number of errors in the sampling tables on pages 135-136 was rounded upward, e.g., 0.2 errors becomes 1.0 error. California State Lottery Payroll Process and Transactions Audit Attachment— California State Lottery’s Response to Draft Report State Controller’s Office Division of Audits Post Office Box 942850 Sacramento, CA 94250 http://www.sco.ca.gov S19-LOT-0002