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City of West Hollywood

Identity Theft

State Controller's Office · 2023-01-cab-mcc-itp_cityofwesthollywood · Mandated program · 2023-01-26 · City of West Hollywood

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CITY OF WEST HOLLYWOOD Audit Report IDENTITY THEFT PROGRAM Chapter 956, Statutes of 2000 July 1, 2002, through June 30, 2013 M M. C ALIA OHEN California State Controller January 2023 M M. C ALIA OHEN California State Controller January 26, 2023 CERTIFIED MAIL—RETURN RECEIPT REQUESTED Lorena Quijano, CPA, MPA, Director Finance and Technology Services City of West Hollywood 8300 Santa Monica Boulevard West Hollywood, CA 90069 Dear Ms. Quijano: The State Controller’s Office (SCO) audited the costs claimed by the City of West Hollywood for the legislatively mandated Identity Theft Program for the period of July 1, 2002, through June 30, 2013. The city claimed $729,511 for costs of the mandated program. Our audit found that $590,629 is allowable; and $138,882 is unallowable because the city misclassified contract services costs as salary costs, overstated the number of identity theft reports taken, overstated the time increments needed to perform the reimbursable activities, and overstated indirect costs. The State made no payments to the city. The State will pay $590,629, 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. If you have any questions, please contact Lisa Kurokawa, Chief, Compliance Audits Bureau, by telephone at (916) 327-3138. Sincerely, Original signed by KIMBERLY TARVIN, CPA Chief, Division of Audits KT/ac Lorena Quijano, CPA, MPA, Director -2- January 26, 2023 cc: The Honorable Lauren Meister, Mayor City of West Hollywood Danny Rivas, Director Community Safety Department City of West Hollywood Carlos Corrales, Accounting Manager Finance and Technology Services Department City of West Hollywood Claudia Duncan, Senior Financial Management Analyst Finance and Technology Services Department City of West Hollywood Annie Ruiz, Revenue Manager Finance and Technology Services Department City of West Hollywood Chris Hill, Principal Program Budget Analyst Local Government Unit California Department of Finance Ted Doan, Finance Budget Analyst Local Government Unit California Department of Finance Darryl Mar, Manager Local Reimbursement Section State Controller’s Office Everett Luc, Supervisor Local Reimbursement Section State Controller’s Office City of West Hollywood Identity Theft Program Contents Audit Report Summary ............................................................................................................................ 1 Background ........................................................................................................................ 1 Audit Authority.................................................................................................................. 2 Objective, Scope, and Methodology ................................................................................. 2 Conclusion .......................................................................................................................... 4 Follow-up on Prior Audit Findings .................................................................................. 4 Views of Responsible Officials .......................................................................................... 4 Restricted Use .................................................................................................................... 4 Schedule—Summary of Program Costs .............................................................................. 5 Finding and Recommendation .............................................................................................. 12 Attachment A—City’s Initial Response to Draft Audit Report Attachment B—City’s Final Response to Draft Audit Report City of West Hollywood Identity Theft Program Audit Report Summary The State Controller’s Office (SCO) audited the costs claimed by the City of West Hollywood for the legislatively mandated Identity Theft Program for the period of July 1, 2002, through June 30, 2013. The city claimed $729,511 for costs of the mandated program. Our audit found that $590,629 is allowable; and $138,882 is unallowable because the city misclassified contract services costs as salary costs, overstated the number of identity theft reports taken, overstated the time increments needed to perform the reimbursable activities, and overstated indirect costs. The State made no payments to the city. The State will pay $590,629, contingent upon available appropriations. Background Penal Code (PC) section 530.6(a), as added by the Statutes of 2000, Chapter 956, requires a local law enforcement agency to take a police report and begin an investigation when a complainant residing within its 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 for the following ongoing activities identified in 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. The Commission also determined that providing a copy of the report to the complainant and referring the matter for further investigation of the facts to the law enforcement agency in the location where the suspected crime was committed are not reimbursable activities. -1- City of West Hollywood Identity Theft Program The program’s parameters and guidelines establish the state mandate and define the reimbursement criteria. In compliance with GC section 17558, the SCO issues the Mandated Cost Manual for Local Agencies (Mandated Cost Manual) to assist local agencies in claiming reimbursable costs. We conducted this performance audit in accordance with GC Audit Authority sections 17558.5 and 17561, which authorize the SCO to audit the city’s records to verify the actual amount of the mandated costs. In addition, GC section 12410 provides the SCO with general authority to audit the disbursement of state money for correctness, legality, and sufficient provisions of law. Objective, Scope, The objective of our audit was to determine whether claimed costs represent increased costs resulting from the legislatively mandated and Methodology Identity Theft Program. Specifically, we conducted this audit to determine whether claimed costs were supported by appropriate source documents, were not funded by another source, and were not unreasonable and/or excessive.1 The audit period was July 1, 2002, through June 30, 2013. To achieve our objective, we performed the following procedures:  We analyzed the annual mandated cost claims filed by the city for the audit period and identified the significant cost components of each claim as salaries and indirect costs. We determined whether there were any errors or unusual or unexpected variances from year to year. We reviewed the claimed activities to determine whether they adhered to the SCO’s Mandated Cost Manual and the program’s parameters and guidelines.  We completed an internal control questionnaire by interviewing key city staff. We discussed the claim preparation process with city staff to determine what information was obtained, who obtained it, and how it was used.  We reviewed the contract service agreements and related Deployment of Personnel (SH-AD 575) forms executed between the Los Angeles County Sheriff’s Department (LASD) and the city to determine the contracted employee classifications involved in performing the reimbursable activities. We found that the Deputy Sheriff, Community Service Assistant (CSA), and Sergeant classifications performed the reimbursable activities.  We obtained the total contract costs and contract hours from the SH-AD 75 forms in order to calculate average contract hourly rates for the Deputy Sheriff, CSA, and Sergeant classifications.  We obtained system-generated lists of identity theft cases based on information from the LASD’s Los Angeles Regional Crime Information System (LARCIS) to verify the existence, completeness, and accuracy of unduplicated case counts for each fiscal year in the audit period. 1 Unreasonable and/or excessive costs include ineligible costs that are not identified in the programs parameters and guidelines as reimbursable costs. -2- City of West Hollywood Identity Theft Program  We designed a statistical sampling plan to test approximately 25-50% of claimed salary costs, based on a moderate level of detection (audit) risk. We judgmentally selected the city’s filed claims for fiscal year (FY) 2008-09 through FY 2012-13, which comprised salary costs totaling $331,266 (or 50.56%) of the $655,222 claimed. The sampling plan is described in the Finding and Recommendation section.  We used a random number table to select 508 out of 1,584 identity theft reports from the five fiscal years sampled. We tested the identity theft reports as follows: o We determined whether a contemporaneously prepared and approved police report supported that a violation of PC section 530.5 had occurred. o We determined whether the initial police reports were courtesy reports from other law enforcement agencies that had been forwarded to the West Hollywood Station for further investigation. o We determined whether the victim of identity theft contacted the LASD to inititate the law enforcement investigation. o We obtained the LASD employee numbers, names, and classifications from sampled police reports documenting who performed the reimbursable activities pursuant to a contract between the city and Los Angeles County for the city’s law enforcement services. We compared the employee classifications obtained from the police reports to those claimed by the city.  We used the time study documentation created by LASD employees at the West Hollywood Station during January 2011 through June 2011. This time study was directly related to the Identity Theft Program’s reimbursable activities and was properly supported. Based on our interview with a sworn officer and our review of the time study documentation, we found that the city overstated the time increments that it used to calculate the costs of the reimbursable activities.  We projected the audit results of the five years tested by multiplying the actual case counts by the allowable average time increments needed to perform the activities, and mutiplying the product by the contract rates of LASD employees who performed them. We applied a weighted five-year average to the remaining six years of the audit period due to the homogeneity of the population.  We reviewed the city’s Single Audit Reports to identify potential sources of offsetting savings or reimbursements from federal or pass- through programs applicable to the Identity Theft Program. The city certified in its claims that it did not receive any offsetting revenues applicable to this mandated program. We did not audit the city’s financial statements. 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 -3- City of West Hollywood Identity Theft Program reasonable basis for our findings and conclusions based on our audit objective. Conclusion As a result of performing the audit procedures, we found instances of noncompliance with the requirements described in our audit objective. We did not find that the City of West Hollywood claimed costs that were funded by other sources; however, we did find that it claimed unsupported and ineligible costs, as quantified in the Schedule and described in the Finding and Recommendation section of this audit report. For the audit period, the city claimed $729,511 for costs of the legislatively mandated Identity Theft Program. Our audit found that $590,629 is allowable and $138,882 is unallowable. The State made no payments to the city. The State will pay $590,629, 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. Follow-up on We have not previously conducted an audit of the City of West Hollywood’s legislatively mandated Identity Theft Program. Prior Audit Findings Views of We issued a draft audit report on October 20, 2022. Lorena Quijano, CPA, Responsible MPA, Director, Finance and Technology Services, responded by letter dated October 28, 2022, disagreeing with the audit results. We considered Officials the city’s arguments and partially agreed with the position stated in its response. Accordingly, we revised the audit finding, increasing allowable costs by $200,247 (from $390,382 to $590,629). We emailed the revised finding to the city on November 28, 2022. Ms. Quijano responded by letter dated December 7, 2022, disagreeing only with the audit result concerning indirect costs. The city’s responses are included in this report as Attachments A and B. Restricted Use This audit report is solely for the information and use of the City of West Hollywood, 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 and is available on the SCO website at www.sco.ca.gov. Original signed by KIMBERLY TARVIN, CPA Chief, Division of Audits January 26, 2023 -4- City of West Hollywood Identity Theft Program Schedule— Summary of Program Costs July 1, 2002, through June 30, 2013 Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment1 July 1, 2002, through June 30, 2003 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 3 6,233 $ - $ (36,233) Beginning an investigation of facts 19,389 - (19,389) Total salaries 55,622 - (55,622) Contract services Taking a police report on a violation of PC §530.5 - 14,798 14,798 Beginning an investigation of facts - 8,680 8,680 Total contract services - 23,478 23,478 Total direct costs 55,622 23,478 (32,144) Indirect costs 5,562 - ( 5,562) Total program costs $ 6 1,184 23,478 $ (37,706) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 2 3,478 July 1, 2003, through June 30, 2004 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 3 7,365 $ - $ (37,365) Beginning an investigation of facts 20,247 - (20,247) Total salaries 57,612 - (57,612) Contract services Taking a police report on a violation of PC §530.5 - 21,999 21,999 Beginning an investigation of facts - 12,891 12,891 Total contract services - 34,890 34,890 Total direct costs 57,612 34,890 (22,722) Indirect costs 5,761 - ( 5,761) Total program costs $ 6 3,373 34,890 $ (28,483) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 3 4,890 -5- City of West Hollywood Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment1 July 1, 2004, through June 30, 2005 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 2 4,259 $ - $ (24,259) Begin an investigation of facts 13,058 - (13,058) Total salaries 37,317 - (37,317) Contract services Taking a police report on a violation of PC §530.5 - 27,400 27,400 Begin an investigation of facts - 16,032 16,032 Total contract services - 43,432 43,432 Total direct costs 37,317 43,432 6,115 Indirect costs 3,732 ( 3,732) Total direct and indirect costs 41,049 43,432 2,383 Less allowable costs that exceed costs claimed2 - (2,383) ( 2,383) Total program costs $ 4 1,049 41,049 $ - Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 4 1,049 July 1, 2005, through June 30, 2006 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 3 5,525 $ - $ (35,525) Begin an investigation of facts 19,865 - (19,865) Total salaries 55,390 - (55,390) Contract services Taking a police report on a violation of PC §530.5 - 26,712 26,712 Begin an investigation of facts - 15,621 15,621 Total contract services - 42,333 42,333 Total direct costs 55,390 42,333 (13,057) Indirect costs 5,539 - ( 5,539) Total program costs $ 6 0,929 42,333 $ (18,596) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 4 2,333 -6- City of West Hollywood Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment1 July 1, 2006, through June 30, 2007 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 4 7,679 $ - $ (47,679) Begin an investigation of facts 11,276 - (11,276) Total salaries 58,955 - (58,955) Contract services Taking a police report on a violation of PC §530.5 - 35,297 35,297 Begin an investigation of facts - 20,600 20,600 Total contract services - 55,897 55,897 Total direct costs 58,955 55,897 ( 3,058) Indirect costs 5,895 - ( 5,895) Total program costs $ 6 4,850 55,897 $ (8,953) Less amount paid by the state3 - Allowable costs claimed in excess of amount paid $ 5 5,897 July 1, 2007, through June 30, 2008 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 4 8,141 $ - $ (48,141) Begin an investigation of facts 10,919 - (10,919) Total salaries 59,060 - (59,060) Contract services Taking a police report on a violation of PC §530.5 - 37,332 37,332 Begin an investigation of facts - 21,776 21,776 Total contract services - 59,108 59,108 Total direct costs 59,060 59,108 48 Indirect costs 7,619 - ( 7,619) Total program costs $ 6 6,679 59,108 $ (7,571) Less amount paid by the state3 - Allowable costs claimed in excess of amount paid $ 5 9,108 -7- City of West Hollywood Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment1 July 1, 2006, through June 30, 2007 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 4 7,679 $ - $ (47,679) Begin an investigation of facts 11,276 - (11,276) Total salaries 58,955 - (58,955) Contract services Taking a police report on a violation of PC §530.5 - 35,297 35,297 Begin an investigation of facts - 20,600 20,600 Total contract services - 55,897 55,897 Total direct costs 58,955 55,897 ( 3,058) Indirect costs 5,895 - ( 5,895) Total program costs $ 6 4,850 55,897 $ (8,953) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 5 5,897 July 1, 2007, through June 30, 2008 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 4 8,141 $ - $ (48,141) Begin an investigation of facts 10,919 - (10,919) Total salaries 59,060 - (59,060) Contract services Taking a police report on a violation of PC §530.5 - 37,332 37,332 Begin an investigation of facts - 21,776 21,776 Total contract services - 59,108 59,108 Total direct costs 59,060 59,108 48 Indirect costs 7,619 - ( 7,619) Total program costs $ 6 6,679 59,108 $ (7,571) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 5 9,108 _______________________ -8- City of West Hollywood Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment1 July 1, 2008, through June 30, 2009 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 5 3,862 $ - $ (53,862) Begin an investigation of facts 14,559 - (14,559) Total salaries 68,421 - (68,421) Contract services Taking a police report on a violation of PC §530.5 - 44,123 44,123 Begin an investigation of facts - 25,777 25,777 Total contract services - 69,900 69,900 Total direct costs 68,421 69,900 1,479 Indirect costs 9,853 - ( 9,853) Total program costs $ 7 8,274 69,900 $ (8,374) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 6 9,900 July 1, 2009, through June 30, 2010 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 4 9,222 $ - $ (49,222) Begin an investigation of facts 12,479 - (12,479) Total salaries 61,701 - (61,701) Contract services Taking a police report on a violation of PC §530.5 - 40,706 40,706 Begin an investigation of facts - 23,771 23,771 Total contract services - 64,477 64,477 Total direct costs 61,701 64,477 2,776 Indirect costs 8,823 - ( 8,823) Total program costs $ 7 0,524 64,477 $ (6,047) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 6 4,477 -9- City of West Hollywood Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment1 July 1, 2010, through June 30, 2011 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 4 8,622 $ - $ (48,622) Begin an investigation of facts 11,808 - (11,808) Total salaries 60,430 - (60,430) Contract services Taking a police report on a violation of PC §530.5 - 33,791 33,791 Begin an investigation of facts - 19,715 19,715 Total contract services - 53,506 53,506 Total direct costs 60,430 53,506 ( 6,924) Indirect costs 7,433 - ( 7,433) Total program costs $ 6 7,863 53,506 $ (14,357) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 5 3,506 July 1, 2011, through June 30, 2012 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 6 4,908 $ - $ (64,908) Begin an investigation of facts 14,677 - (14,677) Total salaries 79,585 - (79,585) Contract services Taking a police report on a violation of PC §530.5 - 51,446 51,446 Begin an investigation of facts - 30,023 30,023 Total contract services - 81,469 81,469 Total direct costs 79,585 81,469 1,884 Indirect costs 7,959 - ( 7,959) Total program costs $ 8 7,544 81,469 $ (6,075) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 8 1,469 -10- City of West Hollywood Identity Theft Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment1 July 1, 2012, through June 30, 2013 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 4 9,818 $ - $ (49,818) Begin an investigation of facts 11,311 - (11,311) Total salaries 61,129 - (61,129) Contract services Taking a police report on a violation of PC §530.5 - 40,729 40,729 Begin an investigation of facts - 23,793 23,793 Total contract services - 64,522 64,522 Total direct costs 61,129 64,522 3,393 Indirect costs 6,113 - ( 6,113) Total program costs $ 6 7,242 64,522 $ (2,720) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 6 4,522 Summary: July 1, 2002, through June 30, 2013 Direct costs: Salaries Taking a police report on a violation of PC §530.5 $ 495,634 $ - $ (495,634) Begin an investigation of facts 1 59,588 - (159,588) Total salaries 6 55,222 - (655,222) Contract services Taking a police report on a violation of PC §530.5 - 3 74,333 374,333 Begin an investigation of facts - 2 18,679 218,679 Total contract services - 5 93,012 593,012 Total direct costs 6 55,222 5 93,012 (62,210) Indirect costs 74,289 - (74,289) Total direct and indirect costs 7 29,511 5 93,012 (136,499) Less allowable costs that exceed costs claimed2 - (2,383) ( 2,383) Total program costs $ 729,511 5 90,629 $ (138,882) Less amount paid by the State3 - Allowable costs claimed in excess of amount paid $ 590,629 _________________________ 1 See the Finding and Recommendation section. 2 GC section 17568 stipulates that the State will not reimburse any claim more than one year after the filing deadline specified in the SCO’s Mandated Cost Manual. That deadline has expired for FY 2004-05. 3 Payment amount current as of November 29, 2022. -11- City of West Hollywood Identity Theft Program Finding and Recommendation FINDING— The city claimed $729,511 ($655,222 in salary costs and $74,289 in related indirect costs) for the Identity Theft Program. We found that Overstated Identity $593,012 is allowable; and $136,499 is unallowable.2 We found that the Theft Program costs city incorrectly classified the claimed costs as salary costs because it contracted with the LASD for all of its law enforcement services during the audit period. Therefore, the city did not incur any salary costs, but rather incurred contract services costs. We reallocated the costs to the appropriate cost category of Contract Services. The city used the correct methodology to calculate its salary costs: it multiplied the number of identity theft police reports by the time required to perform the reimbursable activities, and it multiplied the product by the hourly rates reported in the city’s contract with the county. The hourly rates in the contract include salaries, benefits, and indirect costs. However, because no city staff members performed the reimbursable activities, these costs should have been classified as contract services costs, not as salary costs. The costs are unallowable primarily because the city claimed misclassified costs, overstated the number of identity theft reports taken, overstated the time increments needed to perform the reimbursable activities, and claimed unallowable indirect costs. The following table summarizes the claimed, allowable, and audit adjustment amounts by fiscal year: (A) (B) (C) (D)=(A)+(B)+(C) Salaries Related Contract Total Fiscal Amount Amount Audit Indirect Cost Services Audit Year Claimed Allowable Adjustment Adjustment Adjustment Adjustment 2002-03 $ 55,622 $ - $ (55,622) $ (5,562) $ 23,478 $ ( 37,706) 2003-04 5 7,612 - (57,612) (5,761) 34,890 (28,483) 2004-05 3 7,317 - (37,317) (3,732) 43,432 2,383 2005-06 5 5,390 - (55,390) (5,539) 42,333 (18,596) 2006-07 5 8,955 - (58,955) (5,895) 55,897 (8,953) 2007-08 5 9,060 - (59,060) (7,619) 59,108 (7,571) 2008-09 6 8,421 - (68,421) (9,853) 69,900 (8,374) 2009-10 6 1,701 - (61,701) (8,823) 64,477 (6,047) 2010-11 6 0,430 - (60,430) (7,433) 53,506 (14,357) 2011-12 7 9,585 - (79,585) (7,959) 81,469 (6,075) 2012-13 6 1,129 - (61,129) (6,113) 64,522 (2,720) Total $ 655,222 $ - $ (655,222) $ (74,289) $ 593,012 $ (136,499) 2 For FY 2004-05, we found that $43,432 is allowable, which is $2,383 in excess of claimed costs. GC section 17568 stipulates that the State will not reimburse any claim more than one year after the filing deadline specified in the SCO’s Mandated Cost Manual, and that deadline has expired for FY 2004-05. Therefore, total allowable costs for the audit period are $590,629 ($593,012 less $2,383 in excess of claimed costs for FY 2004-05). -12- City of West Hollywood Identity Theft Program Contract Services Costs The city contracted with the LASD to provide all of its law enforcement services during the audit period. These services included the reimbursable activities claimed for the mandated program. The city contracted for various LASD staff positions each fiscal year; these included, but were not limited to, the Deputy Sheriff, CSA, and Sergeant classifications, and it paid the LASD annual contract rates for the positions. No city staff member performed any of the reimbursable activities under this program; therefore, the city did not incur salary and related indirect costs as claimed, but rather incurred contract services costs. We reallocated the costs to the appropriate cost category of Contract Services. Identity Theft Incident Reports The city claimed that it took 2,943 identity theft incident reports for the audit period. We found that the city overstated the number of reports taken by 348, and that 2,595 reports are allowable. The following table summarizes the counts of claimed, supported, and allowable identity theft cases, and the audit adjustment by fiscal year: (A) (B) (C) (D)=(C)-(A) Audited Fiscal Claimed Population Allowable Audit Year Reports (per LARCIS) Reports Adjustment 2002-03 261 1 48 125 (136) 2003-04 262 2 14 181 (81) 2004-05 169 2 63 223 54 2005-06 233 2 47 209 (24) 2006-07 297 3 08 261 (36) 2007-08 279 3 01 255 (24) 2008-09 314 3 36 291 (23) 2009-10 279 3 01 262 (17) 2010-11 261 2 82 224 (37) 2011-12 339 3 78 318 (21) 2012-13 249 2 87 246 (3) Total 2,943 3,065 2,595 (348) The city provided a summary report for each fiscal year to support the claimed number of identity theft incident reports taken. These summary reports were generated by the LASD’s LARCIS. LARCIS provided unduplicated counts of initial police reports filed for violations of PC section 530.5 and identified the specific origin of each report. The list supports 3,065 identity theft police reports filed during the audit period. We verified the accuracy of the unduplicated counts of initial police reports recorded in the LASD’s LARCIS by determining whether:  The initial police report was a courtesy report prepared by another law enforcement agency and forwarded to the LASD for further investigation;  The police report was the result of a victim of identity theft contacting the LASD to initiate the law enforcement investigation. -13- City of West Hollywood Identity Theft Program  Each identity theft case was supported by a contemporaneously prepared and approved police report; and  The police report supported that a violation of PC section 530.5 had occurred. Due to the LASD’s record-retention policy, the county was unable to provide any copies of the city’s incident reports for FY 2002-03 through FY 2007-08. Therefore, for FY 2008-09 through FY 2012-13, we selected a statistical sample from the documented number of identity theft incident reports (the population) based on a 95% confidence level, a precision rate of ±8%, and an expected error rate of 50%. We used statistical samples in order to project the results to the population for each fiscal year. We selected for review a total random sample of 508 out of 1,584 identity theft incident reports from the last five fiscal years of the audit period. Our review of sample incident reports disclosed the following:  For FY 2008-09, we found that 14 out of 104 identity theft incident reports were unallowable. Six of the 14 reports were unallowable because the victim of identity theft did not initiate the investigation by contacting the local law enforcement agency that had jurisdiction over his or her actual residence or place of business, as required by PC section 530.6(a). Five of the 14 reports were unallowable because they were not supported by a contemporaneously prepared and approved police report. The remaining three reports were unallowable because they were courtesy reports (police reports taken and prepared by other law enforcement agencies). Therefore, we calculated an error rate of 13.46% for FY 2008-09.  For FY 2009-10, we found that 13 out of 100 identity theft incident reports were unallowable. Five of the 13 reports were unallowable because the victim of identity theft did not initiate the investigation by contacting the local law enforcement agency, as required by PC section 530.6(a). Five of the 13 reports were unallowable because they were courtesy reports. Two of the 13 reports were unallowable because they were not supported by a contemporaneously prepared and approved police report. The remaining report was unallowable because it was a duplicate (the police report given two identifying report numbers). Therefore, we calculated an error rate of 13.00% for FY 2009-10.  For FY 2010-11, we found that 20 out of 98 identity theft incident reports were unallowable. Fourteen of the 20 reports were unallowable because they were courtesy reports. Five of the 20 reports were unallowable because the victim of identity theft did not initiate the investigation by contacting the local law enforcement agency, as required by PC section 530.6(a). The remaining report was unallowable because it was not supported by a contemporaneously prepared and approved police report. Therefore, we calculated an error rate of 20.41% for FY 2010-11.  For FY 2011-12, we found that 17 out of 107 identity theft incident reports were unallowable. Eleven of the 17 reports were unallowable because they were courtesy reports. The remaining six reports were unallowable because the victim of identity theft did not initiate the -14- City of West Hollywood Identity Theft Program investigation by contacting the local law enforcement agency, as required by PC section 530.6(a). Therefore, we calculated an error rate of 15.89% for FY 2011-12.  For FY 2012-13, we found that 14 out of 99 identity theft incident reports were unallowable. Ten of the 14 reports were unallowable because the victim of identity theft did not initiate the investigation by contacting the local law enforcement agency, as required by PC section 530.6(a). The remaining four reports were unallowable because they were courtesy reports. Therefore, we calculated an error rate of 14.14% for FY 2012-13. As we were unable to sample the incident reports and determine the actual error rates for FY 2002-03 through FY 2007-08, we calculated an average error rate of 15.38% for the five fiscal years sampled. The following table shows the average error rates for FY 2008-09 through FY 2012-13: (A) (B) (C)=(A)÷(B) Number of Unallowable Fiscal Cases Sample Year Sampled Size Error Rate 2008-09 14 1 04 13.46% 2009-10 13 1 00 13.00% 2010-11 20 98 20.41% 2011-12 17 1 07 15.89% 2012-13 14 99 14.14% Total 76.90% Number of fiscal years sampled ÷ 5 Average error rate 15.38% We extrapolated the average error rate to the audited population of reports for FY 2002-03 through FY 2007-08. We applied the actual audited error rate to each of the other fiscal years to determine the allowable and unallowable number of incident reports taken. The following table shows the number of allowable and unallowable incident reports taken by fiscal year: (A) (B) (C)=(A)×(B) (D)=(A)-(C) Average Total Total Fiscal Audited Error Error Unallowable Allowable Year Population Rate Rate Reports Reports 2002-03 1 48 N/A 15.38% 23 125 2003-04 2 14 N/A 15.38% 33 181 2004-05 2 63 N/A 15.38% 40 223 2005-06 2 47 N/A 15.38% 38 209 2006-07 3 08 N/A 15.38% 47 261 2007-08 3 01 N/A 15.38% 46 255 2008-09 3 36 13.46% N/A 45 291 2009-10 3 01 13.00% N/A 39 262 2010-11 2 82 20.41% N/A 58 224 2011-12 3 78 15.89% N/A 60 318 2012-13 2 87 14.14% N/A 41 246 Total 3,065 470 2 ,595 -15- City of West Hollywood Identity Theft Program Time increments The parameters and guidelines identify the following reimbursable activities:  Activity 1a – Taking a police report on a violation of PC section 530.5;  Activity 1b – Reviewing an online identity theft report completed by a victim; and  Activity 2 – Beginning an investigation of the facts. For our purposes, we separated Activity 1.a into two sub-activities:  Activity 1a.1 – Taking a police report; and  Activity 1a.2 – Reviewing and approving a police report. The city claimed the following time increments during the audit period:  87 minutes for a Deputy Sheriff to take a police report (sub-activity 1a.1); and  10 minutes for a Sergeant to review and approve the police report for the audit period (sub-activity 1a.2). In addition, the city claimed the following time increments for beginning an investigation of the facts (Activity 2):  61 minutes for a Detective for FY 2002-03 through FY 2005-06;  61 minutes for a Law Enforcement Technician (LET) for FY 2006-07 through FY 2010-11; and  57 minutes for a Detective (23% of the cases), and 30 minutes for a LET (77% of the cases) for FY 2011-12 through FY 2012-13. The city worked with LASD employees at the West Hollywood Station to perform a time study from January through June 2011 to determine how long it took to perform the reimbursable activities that directly relate to the Identity Theft Program. During fieldwork, we held discussions with the city and a representative of LASD in an attempt to understand why the claimed time increments for LASD’s West Hollywood Station were significantly higher than other LASD stations previously audited by SCO. The LASD representative explained that since the city is an affluent area, identity theft crimes typically involved more pieces of personal identifying information. As a result, a “preliminary investigation” took longer to perform along with the requisite police report. The city worked with LASD employees at the West Hollywood Station to perform a time study from January through June 2011 to determine how long it took to perform the reimbursable activities that directly relate to the Identity Theft Program. The city provided an unsigned and undated time log summary (for 26 identify theft cases) to support the time increments claimed for the following activities: 1) Take and prepare a report; 2) Review and approve a report; and 3) Conduct a preliminary investigation. -16- City of West Hollywood Identity Theft Program Although the city claimed time for LASD Detectives and LETs to begin an investigation, we found that the city’s contracts for law enforcement service with Los Angeles County did not include Detectives for any fiscal year of the audit period and did not include LETs until FY 2007-08. In addition, none of the initial police reports or supplemental reports that LASD provided for the time study cases contained any indication that an LET performed investigative work. We also requested that the city provide case notes or written reports that LETs prepared to support the time claimed. However, the city did not provide such documentation. During the audit, LASD provided Incident History Reports for 19 of the 26 time study cases, while explaining that reports for the other seven cases were unavailable. LASD’s Incident History Reports contain contemporaneous time stamps indicating when an Officer arrived on scene to interview the identity theft victim and when the Officer completed the interview. Using LASD’s Incident History Reports, we found that nine of the 19 reports were ineligible for the calculation of time increments for the following reasons:  Five Incident History Reports were related to cases that did not meet the requirements of PC section 530.6(a) because the victim(s) of identity theft did not initiate the investigation by contacting the local law enforcement agency,  Three Incident History Reports did not indicate when the Officer arrived on scene, and  One Incident History Report was determined to be an outlier due to the amount of time recorded (169 minutes) to conduct an interview at the front counter of LASD’s West Hollywood Station. We used the Incident History Reports for the remaining 10 time study cases to calculate allowable time for beginning an investigation. The reports supported that Deputy Sheriffs and CSAs performed this activity. We used the city’s time study results for the 10 time study cases to calculate the allowable time for preparing a police report and for reviewing a police report. We applied the following time increments for each allowable police report that originated in the City of West Hollywood in our calculations of allowable costs:  74 minutes (1.23 hours) for Deputy Sheriffs and 84 minutes (1.40 hours) for CSAs to perform sub-activity 1a.1 – taking a police report on violations of PC section 530.5;  7.20 minutes (0.12 hours) for Sergeants to perform sub-activity 1a.2 – reviewing incident reports on violations of PC section 530.5; and  47 minutes (0.78 hours) for Deputy Sheriffs and 65 minutes (1.08 hours) for CSAs to perform Activity 2 – beginning an investigation of the facts. -17- City of West Hollywood Identity Theft Program The following table summarizes the time increments claimed and allowable for the reimbursable activities by fiscal year: Claimed Minutes Allowable Minutes Activity 1a.1 Activity 1a.2 Activity 2 Activity 1a.1 Activity 1a.2 Activity 2 Taking a Reviwing a Beginning an Taking a Police Reviwing a Beginning an Report Police Report Investigation Report Police Report Investigation Deputy Deputy Deputy Fiscal Year Sheriff Sergeant Detective LET Sheriff CSA Sergeant Sheriff CSA 2002-03 87 10 61 - 7 4 8 4 7.2 4 7 6 5 2003-04 87 10 61 - 7 4 8 4 7.2 4 7 6 5 2004-05 87 10 61 - 7 4 8 4 7.2 4 7 6 5 2005-06 87 10 61 - 7 4 8 4 7.2 4 7 6 5 2006-07 87 10 - 61 7 4 8 4 7.2 4 7 6 5 2007-08 87 10 - 61 7 4 8 4 7.2 4 7 6 5 2008-09 87 10 - 61 7 4 8 4 7.2 4 7 6 5 2009-10 87 10 - 61 7 4 8 4 7.2 4 7 6 5 2010-11 87 10 - 61 7 4 8 4 7.2 4 7 6 5 2011-12 87 10 57 30 a 7 4 8 4 7.2 4 7 6 5 2012-13 87 10 57 30 b 7 4 8 4 7.2 4 7 6 5 a, bFor Activity 2 during FY 2011-12 and FY 2012-13, the city claimed that 23% of the cases were investigated by Detectives (57 minutes) and 77% of the cases were investigated by LETs (30 minutes). Although we used the city’s audited time study results to determine the time increments required to perform the reimbursable activities, we did not use the time study to determine an average percentage of involvement for each employee classification that performed the reimbursable activities. The city’s time study showed the following:  LASD Deputy Sheriffs took reports and began investigations for 13 of 19 cases (68.42%);  CSAs took reports and began investigations for five of 19 cases (26.32%); and  An LASD Detective took a report and began an investigation for one case (5.26%). During our testing to determine the allowable number of police reports, we requested and the city provided case listings of police reports filed for violations of PC Section 530.5 for all years of the audit period. Each listing of police reports identified the LASD employees involved. The LASD specified which employees were CSAs and which employees were Detectives. This testing showed the following involvement of CSAs during the audit period:  FY 2002-03 through FY 2004-05 – no CSA involvement;  FY 2005-06 – five of 209 reports (2.4%);  FY 2006-07 – four of 261 reports (1.5%);  FY 2007-08 – no CSA involvement;  FY 2008-09 – three of 291 reports (1.0%);  FY 2009-10 – five of 262 reports (1.9%);  FY 2010-11 – 14 of 224 reports (6.3%); -18- City of West Hollywood Identity Theft Program  FY 2011-12 – one of 318 reports (0.31%); and  FY 2012-13 – no CSA involvement. We also found that case listings did not show that any Detectives or Sergeants took police reports or began investigations. Therefore, we used the actual results of Deputy and CSA involvement from the LASD’s case listings to calculate allowable costs for each year of the audit period. Contract Hourly Rates The city provided copies of the signed Municipal Law Enforcement Services Agreements that it negotiated with Los Angeles County. The contracts specify that the services performed and requested by the city must be “indicated on a LASD SH-AD-575 Deployment of Personnel Form.” The county uses this form to indicate the authorized LASD staffing level for each year that a contract is in effect, and the rates billed to the city for various LASD staff. When we reviewed the city’s contracts for law enforcement services, the contracts did not identify Detectives in the city’s SH-AD 575 forms. An LASD representative indicated to us that the services of the LASD’s Detective Bureau were already included in the city’s contracts for law enforcement services. Therefore, the city did not incur any additional costs for services performed by LASD Detectives. Based on the sampled police reports, we found that Deputy Sheriffs and CSAs performed reimbursable Sub-Activity 1a.1 (Take a police report) and reimbursable Activity 2 (Begin an investigation of the facts). We also found that Sergeants exclusively performed reimbursable Sub- Activity 1a.2 (Review and approve a police report). We recomputed the contract hourly rates for the Deputy Sheriff, CSA, and Sergeant classifications using information from the SH-AD 575 forms and the city’s contracts with the LASD. The city’s SH-AD 575 forms specify the number of service units, which vary from year to year, for the Deputy Sheriff, CSA, and Sergeant classifications. The LASD’s agreements with contract cities define a “service unit” as one position of a certain classification. For the Deputy Sheriff and CSA classifications, the city’s contracts specify a liability percentage of 6% for FY 2002-03 through FY 2009-10, and 4% for FY 2010-11 through FY 2012-13. The liability percentage is a charge that the county adds to its calculated contract rates for staff based on salaries, benefits, and overhead costs. We applied the appropriate liability percentage to the contract costs for each fiscal year. To calculate the average contract hourly rate for each fiscal year, we divided the total annual unit cost (including the liability percentage) for all Deputy Sheriffs by the total annual hours per service unit. We applied a similar calculation to the CSAs. -19- City of West Hollywood Identity Theft Program The following table summarizes the claimed and allowable contract hourly rates for Deputy Sheriffs during the audit period, and the difference between those rates: Deputy Sheriff Claimed Allowable Fiscal Hourly Hourly Rate Year Rate Rate Difference 2002-03 $ 87.34 $ 89.03 $ 1.69 2003-04 8 9.62 91.31 1 .69 2004-05 9 0.26 92.17 1 .91 2005-06 9 5.51 97.18 1 .67 2006-07 100.39 102.13 1 .74 2007-08 107.89 109.48 1 .59 2008-09 106.68 114.32 7 .64 2009-10 109.80 117.76 7 .96 2010-11 116.17 117.53 1 .36 2011-12 119.74 121.29 1 .55 2012-13 124.97 124.00 (0.97) The following table summarizes the claimed and allowable contract hourly rates for CSAs during the audit period, and the difference between those rates: CSA Claimed Allowable Fiscal Hourly Hourly Rate Year Rate Rate Difference 2002-03 $ - $ 21.70 $ 21.70 2003-04 - 22.46 22.46 2004-05 - 23.06 23.06 2005-06 - 29.19 29.19 2006-07 - 29.51 29.51 2007-08 - 29.72 29.72 2008-09 - 29.70 29.70 2009-10 - 30.64 30.64 2010-11 - 30.71 30.71 2011-12 - 30.65 30.65 2012-13 - 32.55 32.55 To calculate the average contract hourly rate for Sergeants, we divided the total annual unit cost for all Sergeants by the total annual hours per service unit. The following table summarizes the claimed and allowable contract hourly rates for Sergeants during the audit period, and the difference between those rates: Sergeant Claimed Allowable Fiscal Hourly Hourly Rate Year Rate Rate Difference 2002-03 $ 73.07 $ 73.98 $ 0.91 2003-04 7 6.01 76.95 0 .94 2004-05 7 6.00 79.20 3 .20 2005-06 8 3.86 84.70 0 .84 2006-07 8 9.81 90.92 1 .11 2007-08 9 6.64 97.83 1 .19 2008-09 101.10 100.26 (0.84) 2009-10 103.27 103.90 0 .63 2010-11 107.07 105.31 (1.76) 2011-12 107.07 107.73 0 .66 2012-13 113.17 108.72 (4.45) -20- City of West Hollywood Identity Theft Program For the audit period, we calculated allowable contract services costs based on the audited counts of PC 530.5 identity theft reports, audited time increments, and contract hourly rates. For example, the following table shows the calculation of allowable contract services costs for FY 2010-11: (A) (B) (C) (D)=(A)×(B)×(C) Allowable Allowable Total Time Contract Reimbursable LASD Allowable Increment Hourly Allowable Activity Staff Reports (in hours) Rate Costs 1a.1, 2 Deputy Sheriff 210 1.23 $ 1 17.53 $ 3 0,358 1a.1, 2 CSA 14 1.4 $ 30.71 6 02 1a.2 Sergeant 224 0.12 $ 1 05.31 2,831 2 Deputy Sheriff 210 0.78 $ 1 17.53 19,251 2 CSA 14 1.08 $ 30.71 4 64 Total allowable contract services costs $ 5 3,506 Indirect Costs The city claimed related indirect costs totaling $74,289 for the audit period based on claimed salaries totaling $655,222. We found that the entire amount is unallowable because no city staff member performed any of the reimbursable activities under this program during the audit period. Instead, the city contracted with the LASD for all of its law enforcement services during the audit period. Therefore, the city did not incur any direct salary costs, but rather incurred contract services costs. For FY 2002-03 through FY 2006-07 and FY 2011-12 through FY 2012-13, the city applied the default 10% indirect cost rate to the salaries claimed. As the city did not incur any direct salary costs for those fiscal years, there are no related indirect costs. The city provided copies of its Indirect Cost Rate Proposals for FY 2007-08 through FY 2010-11. However, the city used a distribution base of direct salaries and wages for LASD staff to calculate its indirect cost rates. As the city incurred only contract services costs, there are no related indirect costs. The following table summarizes the claimed, allowable, and audit adjustment amounts by fiscal year: (A) (B) (C)=(B)-(A) Claimed Indirect Fiscal Salaries Indirect Indirect Costs Audit Year Claimed Cost Rate Costs Allowed Adjustment 2002-03 $ 55,622 10.00% $ 5,562 $ - $ (5,562) 2003-04 5 7,612 10.00% 5 ,761 - (5,761) 2004-05 3 7,317 10.00% 3 ,732 - (3,732) 2005-06 5 5,390 10.00% 5 ,539 - (5,539) 2006-07 5 8,955 10.00% 5 ,895 - (5,895) 2007-08 5 9,060 12.90% 7 ,619 - (7,619) 2008-09 6 8,421 14.40% 9 ,853 - (9,853) 2009-10 6 1,701 14.30% 8 ,823 - (8,823) 2010-11 6 0,430 12.30% 7 ,433 - (7,433) 2011-12 7 9,585 10.00% 7 ,959 - (7,959) 2012-13 6 1,129 10.00% 6 ,113 - (6,113) Total $ 655,222 $ 74,289 $ - $ ( 74,289) -21- City of West Hollywood Identity Theft Program 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 begins: 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 sheet, invoices, and receipts. Section IV of the parameters and guidelines continues: For each eligible claimant, the following ongoing activities are eligible for reimbursement: 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 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 on-line 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. In addition, Section IV states, “Referring the matter to the law enforcement agency where the suspected crime was committed for further investigation of the facts is also not reimbursable under this program.” Section V.A.1, “Salaries and benefits,” of the parameters and guidelines states: 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 reimbursable activities performed and the hours devoted to these activities. -22- City of West Hollywood Identity Theft Program Section V.B, “Indirect Cost Rates,” of the parameters and guidelines states, in part: . . . Indirect costs may include: (1) the overhead costs of the unit performing the mandate; and (2) the costs of the central government services distributed to the other departments based on a systematic and rational basis through a cost allocation plan. . . . Recommendation The State Legislature suspended the Identity Theft Program in the FY 2013-14 through FY 2022-23 Budget Acts. If the program becomes active again, we recommend that the city:  Adhere to the program’s parameters and guidelines and the Mandated Cost Manual when claiming reimbursement for mandated costs; and  Ensure that claimed costs include only eligible costs, are based on actual costs, and are properly supported. City’s Final Response While we disagree with your determination that indirect costs are not eligible for reimbursement, since this was a minor component of our submission, we will not pursue this issue as overall we feel the results of the other parts of the audit, as proposed, are fair and reasonable. SCO Comments Based on the City’s final response, our finding remains unchanged. -23- City of West Hollywood Identity Theft Program Attachment A— City’s Initial Response to Draft Audit Report Attachment B— City’s Final Response to Draft Audit Report State Controller’s Office Division of Audits Post Office Box 942850 Sacramento, CA 94250 http://www.sco.ca.gov S21-MCC-0022