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Domestic Violence Arrest Policies and Standards

State Controller's Office · 2024-12-kerndomestic · Mandated program · 2024-12-09 · Kern County

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KERN COUNTY Audit Report DOMESTIC VIOLENCE ARREST POLICIES AND STANDARDS PROGRAM Chapter 246, Statutes of 1995 July 1, 2018, through June 30, 2022 M M. C ALIA OHEN C ALIFORNIA S TATE C ONTROLLER December 2024 MALIA M. COHEN CALIFORNIA STATE CONTROLLER December 9, 2024 CERTIFIED MAIL—RETURN RECEIPT REQUESTED The Honorable Aimee X. Espinoza, Auditor-Controller Kern County 1115 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 Dear Auditor-Controller Espinoza: The State Controller’s Office audited the costs claimed by Kern County (the county) for the legislatively mandated Domestic Violence Arrest Policies and Standards Program for the period of July 1, 2018, through June 30, 2022. The county claimed $531,294 for costs of the mandated program. Our audit found that $376,998 is allowable and $154,296 is unallowable. The costs are unallowable because the county overstated salary and benefit costs and related indirect costs. The State paid the county $529,743. Following issuance of this audit report, the Local Government Programs and Services Division of the State Controller’s Office will notify the county of the adjustment to its claims via a system-generated letter for each fiscal year in the audit period. If you have any questions regarding this report, please contact Lisa Kurokawa, Chief, Compliance Audits Bureau, by telephone at 916-327-3138. Thank you. Sincerely, Original signed by Kimberly A. Tarvin, CPA Chief, Division of Audits KAT/rs MAILING ADDRESS P.O. Box 942850, Sacramento, CA 94250 SACRAMENTO 3301 C Street, Suite 700, Sacramento, CA 95816 | 916.324.8907 LOS ANGELES 901 Corporate Center Drive, Suite 200, Monterey Park, CA 91754 | 323.981.6802 Ms. Aimee X. Espinoza December 9, 2024 Page 2 of 2 Copy: The Honorable David Couch, Chairman Kern County Board of Supervisors Tarrah Shockley, Chief Auditing and Reporting Division Kern County Auditor-Controller-County Clerk’s Office Yvonne Rodriguez, Senior Administrative and Fiscal Services Officer Kern County Sheriff’s Office Michele Leper, Senior Support Specialist Kern County Sheriff’s Office Sarah Kimbriel, Crime Intelligence Analyst Kern County Sheriff's Office Aaron Warmerdam, Sergeant Kern County Sheriff's Office Chris Hill, Principal Program Budget Analyst Local Government Unit California Department of Finance Kaily Yap, Finance Budget Analyst Local Government Unit California Department of Finance Darryl Mar, Manager Local Reimbursements Section State Controller’s Office Everett Luc, Supervisor Local Reimbursements Section State Controller’s Office MAILING ADDRESS P.O. Box 942850, Sacramento, CA 94250 SACRAMENTO 3301 C Street, Suite 700, Sacramento, CA 95816 | 916.324.8907 LOS ANGELES 901 Corporate Center Drive, Suite 200, Monterey Park, CA 91754 | 323.981.6802 Kern County Domestic Violence Arrest Policies and Standards Program Contents Audit Report Summary ............................................................................................................................ 1 Background ........................................................................................................................ 1 Audit Authority .................................................................................................................. 1 Objective, Scope, and Methodology ................................................................................. 1 Conclusion .......................................................................................................................... 3 Follow-up on Prior Audit Findings .................................................................................. 4 Views of Responsible Officials .......................................................................................... 4 Restricted Use .................................................................................................................... 4 Schedule—Summary of Program Costs .............................................................................. 5 Findings and Recommendations ........................................................................................... 7 Attachment—County’s Response to Draft Audit Report Kern County Domestic Violence Arrest Policies and Standards Program Audit Report Summary The State Controller’s Office (SCO) audited the costs claimed by Kern County (the county) for the legislatively mandated Domestic Violence Arrest Policies and Standards Program for the period of July 1, 2018, through June 30, 2022. The county claimed $531,294 for costs of the mandated program. Our audit found that $376,998 is allowable and $154,296 is unallowable. The costs are unallowable because the county overstated salary and benefit costs, and related indirect costs. The State paid the county $529,743. Background Penal Code (PC) section 13701, subdivision (b) (added by Chapter 246, Statutes of 1995), required local law enforcement agencies to develop, adopt, and implement written arrest policies for domestic violence offenders by July 1, 1996. The legislation also required local law enforcement agencies to obtain input from local domestic violence agencies in developing the arrest policies. Under previous law, local law enforcement agencies were required to develop, adopt, and implement written policies for response to domestic violence calls and were encouraged, but not obligated, to consult with domestic violence experts. On September 25, 1997, the Commission on State Mandates determined that Chapter 246, Statutes of 1995, imposed a state mandated program reimbursable under Government Code (GC) section 17561. The program’s parameters and guidelines establish the state mandate and define the reimbursement criteria. The Commission on State Mandates adopted the parameters and guidelines on August 20, 1998, and amended them on October 30, 2009. In compliance with GC section 17758, the SCO issues the Mandated Cost Manual for Local Agencies (Mandated Cost Manual) to assist local agencies in claiming mandated program reimbursable costs. Audit Authority We conducted this performance audit in accordance with GC sections 17558.5 and 17561, which authorize the SCO to audit the county’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 for payment. Objective, Scope, The objective of our audit was to determine whether claimed costs represent increased costs resulting from the legislatively mandated and Methodology Domestic Violence Arrest Policies and Standards 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. Unreasonable and/or excessive costs include ineligible costs that are not identified in the program’s parameters and guidelines as reimbursable costs. -1- Kern County Domestic Violence Arrest Policies and Standards Program The audit period was July 1, 2018, through June 30, 2022. To achieve our objective, we performed the following procedures: • We reviewed the annual mandated cost claims filed by the county for the audit period and identified the significant cost components of each claim as salaries and benefits, and related indirect costs. We then determined whether there were any errors or unusual unexpected variances from year to year. We reviewed the activities claimed 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 county staff members. We discussed the claim preparation process with county staff members to determine what information was obtained, who obtained it, and how it was used. • We assessed the reliability of the data (payroll and expenditure records) generated by the county’s information management system and the county’s record management system (RMS) by interviewing county staff members and examining supporting documentation. We determined that the data was sufficiently reliable to address the audit objectives. • We verified that the county used the uniform time allowance and applied it properly. • We reviewed and analyzed the domestic violence incident report lists generated by the county’s RMS to determine the total eligible number of incidents for the audit period. We found that the county claimed incidents for both contract cities and unincorporated areas of the county. The county received fees for law enforcement services from its contract cities, but did not report offsetting reimbursements for the contract city incidents in its mandated cost claims. We determined that the contract city incidents are ineligible for reimbursement, because the county had already been compensated by contract fees. We recalculated the costs based on the allowable number of incidents for the audit period. Therefore, we found that the county overstated claimed costs because it did not offset costs that were funded by other sources; see Finding 1. • We used simple random sampling to select the following statistical samples from the audited population of incident reports: o We sampled 141 of 2,230 incident reports for fiscal year (FY) 2018-19. o We sampled 142 of 2,643 incident reports for FY 2019-20. o We sampled 142 of 2,769 incident reports for FY 2020-21. o We sampled 142 of 2,600 incident reports for FY 2021-22. • We determined whether the sampled incident reports included interviews with both parties involved in the domestic violence -2- Kern County Domestic Violence Arrest Policies and Standards Program incident, and whether the officer considered the 17 factors listed in the parameters and guidelines to identify the primary aggressor. We identified the following errors: o Of the 141 sampled incident reports for FY 2018-19, 41 were partially reimbursable and 27 were non-mandate-related. o Of the 142 sampled incident reports for FY 2019-20, 43 were partially reimbursable and 20 were non-mandate-related. o Of the 142 sampled incident reports for FY 2020-21, 49 were partially reimbursable and 22 were non-mandate-related. o Of the 142 sampled incident reports for FY 2021-22, 50 were partially reimbursable and 22 were non-mandate-related. Errors found were projected to the intended (total) population; see Finding 2. • We recalculated the allowable costs using the audited incident report counts. • We interviewed county staff members to determine what employee classifications were involved in performing the mandated activities during the audit period. • We traced the average productive hourly rate calculations for the claimed employee classification to supporting information in the county’s payroll system. • We verified that the indirect costs that were claimed for each fiscal year in the audit period were for common or joint purposes, and that the indirect cost rates were properly supported and applied. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objective. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objective. Conclusion As a result of performing the audit procedures, we found instances of noncompliance with the requirements described in our audit objective. We found that the county claimed costs that are ineligible, unsupported, and were funded by other sources, as quantified in the Schedule and described in the Findings and Recommendations section. For the audit period, the county claimed $531,294 for costs of the legislatively mandated Domestic Violence Arrest Policies and Standards Program. Our audit found that $376,998 is allowable and $154,296 is unallowable. The State paid the county $529,743. -3- Kern County Domestic Violence Arrest Policies and Standards Program Following issuance of this audit report, the SCO’s Local Government Programs and Services Division will notify the county 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 county’s legislatively mandated Domestic Violence Arrest Policies and Standards Program. Prior Audit Findings Views of We issued a draft audit report on October 1, 2024. The county’s Responsible representative responded by letter dated October 10, 2024, agreeing with the audit findings. This final audit report includes the county’s response as an Officials attachment. Restricted Use This audit report is solely for the information and use of the county, 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 A. Tarvin, CPA Chief, Division of Audits December 9, 2024 -4- Kern County Domestic Violence Arrest Policies and Standards Program Schedule— Summary of Program Costs July 1, 2018, through June 30, 2022 Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment Reference ¹ July 1, 2018, through June 30, 2019 Direct costs: Salaries and benefits $ 83,183 $ 57,699 $ (25,484) Findings 1, 2 Indirect costs 13,873 9,623 ( 4,250) Findings 1, 2 Total direct and indirect costs 97,056 67,322 (29,734) Less offsetting revenues and reimbursements ² - - - Total program costs $ 97,056 67,322 $ (29,734) Less amount paid by the State ³ (97,056) Amount paid in excess of allowable costs claimed $ (29,734) July 1, 2019, through June 30, 2020 Direct costs: Salaries and benefits $ 1 17,792 $ 84,325 $ (33,467) Findings 1, 2 Indirect costs 20,912 14,971 ( 5,941) Findings 1, 2 Total direct and indirect costs 138,704 99,296 (39,408) Less offsetting revenues and reimbursements ² - - - Total program costs $ 1 38,704 99,296 $ (39,408) Less amount paid by the State ³ (138,704) Amount paid in excess of allowable costs claimed $ (39,408) July 1, 2020, through, June 30, 2021 Direct costs: Salaries and benefits $ 1 22,599 $ 87,808 $ (34,791) Findings 1, 2 Indirect costs 24,490 17,541 ( 6,949) Findings 1, 2 Total direct and indirect costs 147,089 105,349 (41,740) Less offsetting revenues and reimbursements ² - - - Total program costs $ 1 47,089 105,349 $ (41,740) Less amount paid by the State ³ (145,538) Amount paid in excess of allowable costs claimed $ (40,189) -5- Kern County Domestic Violence Arrest Policies and Standards Program Schedule (continued) Actual Costs Allowable Audit Cost Elements Claimed per Audit Adjustment Reference ¹ July 1, 2021, through, June 30, 2022 Direct costs: Salaries and benefits $ 1 24,433 $ 88,041 $ (36,392) Findings 1, 2 Indirect costs 24,012 16,990 ( 7,022) Findings 1, 2 Total direct and indirect costs 148,445 105,031 (43,414) Less offsetting revenues and reimbursements ² - - - Total program costs $ 1 48,445 105,031 $ (43,414) Less amount paid by the State ³ (148,445) Amount paid in excess of allowable costs claimed $ (43,414) Summary: July 1, 2018, through June 30, 2022 Direct costs: Salaries and benefits $ 4 48,007 $ 3 17,873 $ (130,134) Findings 1, 2 Indirect costs 83,287 59,125 (24,162) Findings 1, 2 Total direct and indirect costs 531,294 376,998 (154,296) Less offsetting revenues and reimbursements ² - - - Total program costs $ 5 31,294 376,998 $ (154,296) Less amount paid by the State ³ (529,743) Amount paid in excess of allowable costs claimed $ (152,745) _________________________ 1 See the Findings and Recommendations section. 2 The offsets relating to the contract city incidents have been accounted for in the direct and indirect cost audit adjustments. 3 Payment amount current as of October 11, 2024. -6- Kern County Domestic Violence Arrest Policies and Standards Program Findings and Recommendations FINDING 1— The county claimed $448,007 in salaries and benefits for the Implementation of the New Domestic Violence Arrest Policies to Identify Overstated costs the Primary Aggressor cost component during the audit period. We found that the county overstated salaries and benefits by $25,105. The related indirect costs total $4,644, for a total finding of $29,749. Background The Kern County Sheriff’s Office is responsible for providing law enforcement services to the unincorporated areas of the county. The Kern County Sheriff’s Office also contracts with the City of Wasco, which is within the county’s boundaries and does not have its own police force, to provide law enforcement services for a fee. The county identifies Wasco as a “contract city.” During the course of the audit, we found that the county had included costs for providing services to contract cities as part of its mandated cost claims. The parameters and guidelines state that any county, city, or city and county is eligible to submit a mandate reimbursement claim. Therefore, all counties and cities—including contract cities—are eligible to submit mandate reimbursement claims. Because contract cities are eligible to submit reimbursement claims, and the county received fees for law enforcement services from its contract cities, we determined that the county should have claimed only those costs associated with the unincorporated areas of the county. We determined that the costs incurred by contract cities are unallowable because the county had already been compensated by contract fees. The county did not report offsetting reimbursements for the contract city cases in its mandated cost claims. Therefore, we found that the county overstated costs because it did not offset costs that were funded by other sources. Number of Incident Reports For the audit period, the county’s claims identified a total of 10,848 domestic violence incident reports (2,346 for FY 2018-19, 2,845 for FY 2019-20, 2,900 for FY 2020-21, and 2,757 for FY 2021-22). As previously stated, during testing we found that the county had claimed the total number of incident reports for both unincorporated areas of the county and for the contracted City of Wasco. The county provided, at our request, the summary incident report listings generated by the county’s RMS to support the number of domestic violence incident reports for the unincorporated areas of the county. Based on our review of the summary reports, we determined that the county overstated the number of domestic violence incident reports as a result of claiming incident reports for both its contract city and for unincorporated areas of the county. The county overstated the number of domestic violence incident reports because it did not claim costs in accordance with the program’s parameters and guidelines or the SCO’s Mandated Cost Manual. -7- Kern County Domestic Violence Arrest Policies and Standards Program The following table summarizes the audit adjustment for the overstated number of incident reports: -8- N L O S OC OC O OC R A u m b e r o f d o m e s tic v io le n c e in c id e n t r e p o r ts p e r R M S e s s n u m b e r o f d o m e s tic v io le n c e in c id e n t r e p o r ts c la im e d v e r s ta te d n u m b e r o f d o m e s tic v io in c id e n t r e p o r ts ta n d a r d tim e a llo w a n c e ( h o u r s ) v e r s ta te d h o u r s la im e d p r o d u c tiv e h o u r ly r a te - s a v e r s ta te d s a la r ie s [ A ] la im e d b e n e fit r a te v e r s ta te d b e n e fits [ B ] v e r s ta te d s a la r ie s a n d b e n e fits [ C la im e d in d ir e c t c o s t r a te [ D ] e la te d in d ir e c t c o s ts [ E ] = [ A x D u d it a d ju s tm e n t [ F ] = [ C + E ] le n la r ] = ] c e ie s [ A o n + ly B ] × × × × 2 0 1 8 - 1 9 2 ,2 3 ( 2 ,3 4 ( 1 1 0 .4 ( 5 $ 3 3 .4 ( 1 ,8 7 1 2 0 .8 9 ( 2 ,2 6 ( 4 ,1 3 3 6 .8 4 ( 6 9 $ ( 4 ,8 2 0 6 68 64 3% 4 7% 0 7 ) ) ) ) ) ) ) ) × × × × F is 2 0 1 9 - 2 0 2 ,6 4 3 ( 2 ,8 4 5 ( 2 0 2 0 .4 8 ( 9 7 $ 3 8 .8 4 ( 3 ,7 6 7 1 2 2 .0 9 % ( 4 ,5 9 9 ( 8 ,3 6 6 3 9 .4 3 % ( 1 ,4 8 5 $ ( 9 ,8 5 1 c a ) ) ) ) ) ) ) ) l Y × × × × e a r2 0 2 0 - 2 1 2 ,7 6 ( 2 ,9 0 ( 1 3 0 .4 ( 6 $ 3 8 .8 ( 2 ,4 4 1 2 6 .7 7 ( 3 ,1 0 ( 5 ,5 4 4 5 .3 0 ( 1 ,1 0 $ ( 6 ,6 5 9 0 18 34 7% 2 9% 8 7 ) ) ) ) ) ) ) ) × × × × 2 0 2 1 - 2 2 2 ,6 0 ( 2 ,7 5 ( 1 5 0 .4 ( 7 $ 4 1 .2 ( 3 ,0 9 1 2 8 .1 2 ( 3 ,9 6 ( 7 ,0 5 4 4 .0 2 ( 1 ,3 6 $ ( 8 ,4 1 0 7 78 52 2% 1 3% 1 4 ) ) ) ) ) ) ) ) T o ta ( 2 5 ( 4 $ ( 2 9 l ,1 ,6 ,7 0 4 4 5 4 9 ) ) ) Criteria Section IV, “Reimbursable Activities,” of the parameters and guidelines begins: To be eligible for mandated cost reimbursement for any 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 and supported by source documents that show the validity of such costs, when they were incurred, and their relationship to the reimbursable activities. A source document is a document created at or near the same time the actual cost was incurred for the event or activity in question. Source documents may include, but are not limited to, employee time records or time logs, sign-in sheets, invoices, and receipts. . . . The claimant is only allowed to claim and be reimbursed for increased costs for reimbursable activities. . . . Increased cost is limited to the cost of an activity that the claimant is required to incur as a result of the mandate. Section IV.E, “Uniform Cost Allowance,” of the parameters and guidelines states: Pursuant to Government Code section 17557, the Commission on State Mandates has adopted a uniform cost allowance for reimbursement in lieu of payment of total actual costs incurred. The uniform cost allowance is applied only to Section IV, Reimbursable Activities, Component D (Implementation of the New Domestic Violence Arrest Policies to Identify the Primary Aggressor) and covers all costs (direct Kern County Domestic Violence Arrest Policies and Standards Program and indirect) of performing activities described under Component D. The uniform cost allowance provides the following: A standard time of twenty-nine (29) minutes may be claimed to identify the primary aggressor in any domestic violence incident. The standard time of twenty-nine (29) minutes is broken down as follows: • Seventeen (17) Minutes – Interview of both parties • Twelve (12) Minutes – Consideration of the factors listed [under Component D] The total cost will be determined by multiplying the number of reported responses × the average productive hourly rate, including applicable indirect costs as specified in section V., paragraph B, herein, × .48 (29 minutes divided by 60 minutes). Section VII, “Offsetting Savings and Other Reimbursement,” of the parameters and guidelines states: Any offsetting savings the claimant experiences as a direct result of the subject mandate must be deducted from the costs claimed. Reimbursement for this mandate received from any source, including but not limited to, service fees collected; funds from the federal Violent Crime Control and Law Enforcement Act, Community Oriented Policing, Family or Domestic Violence Prevention, or any other federal funds; and any other state funds shall be identified and deducted from this claim. Recommendation We recommend that the county: • Follow the program’s parameters and guidelines and the SCO’s Mandated Cost Manual when preparing its reimbursement claims; and • Claim costs based on the number of domestic violence incident reports that its RMS supports. County’s Response The county concurs with the audit finding. FINDING 2— The county claimed non-reimbursable salaries and benefits totaling $105,029. The related indirect costs total $19,518, for a total finding of Non-reimbursable $124,547. costs As noted in Finding 1, the county overstated the claimed number of domestic violence incident reports for the audit period. The following table on the next page summarizes the audited population of incident reports and the claimed hours attributable to the audited population: -9- Kern County Domestic Violence Arrest Policies and Standards Program -10- D S T o c v io ta n o ta in c u m le n d a l h id e e n te d c e in c r d tim o u r s a n t r e p n u m b e r o f d o m e s tic id e n t r e p o r ts ( a u d ite e a llo w a n c e ( h o u r s ) ttr ib u ta b le to d o c u m o r ts ( a u d ite d p o p u la d p o p e n te d tio n ) u la tio n ) 2 0 1 8 - 1 2 ,2 3 0 .4 1 ,0 7 9 0 8 0 F is c 2 0 1 9 - 2 0 2 ,6 4 3 0 .4 8 1 ,2 6 9 a l Y e a r 2 0 2 0 - 2 2 ,7 6 0 .4 1 ,3 2 1 9 8 9 2 0 2 1 - 2 2 ,6 0 0 .4 1 ,2 4 2 0 8 8 The reimbursable activities for this cost component consist of interviewing both parties involved in the domestic violence incident and considering the 17 factors identified in the program’s parameters and guidelines to identify the primary aggressor. To calculate the claimed costs, the county multiplied the number of reported responses to incidents by the average productive hourly rate, including the applicable indirect costs, then multiplied the resulting amount by the standard time of 29 minutes (0.48 of an hour). For each fiscal year, we selected a statistical sample from the documented number of domestic violence incident reports (the audited population) based on a 95% confidence level, a precision rate of ±8%, and an expected error rate of 50%. We used statistical samples so that the results could be projected to the population for each fiscal year. For testing purposes, we selected a random sample of 567 incident reports (141 for FY 2018-19, 142 for FY 2019-20, 142 for FY 2020-21, and 142 for FY 2021-22). We reviewed the sample incident reports to determine whether the county had performed the required mandated program activities. We documented the results of our review of incident reports sampled. We determined that: • 293 incident reports were fully reimbursable under the mandated program. These reports are reimbursable at 29 minutes (0.48 hours) per report. • 183 incident reports were partially reimbursable, because the officers did not interview both parties involved in the domestic violence incident. These reports are reimbursable at 20.5 minutes (0.34 hours) per report, based on 8.5 minutes to interview one party and 12 minutes to consider the various factors identified in the program’s parameters and guidelines. • 91 incident reports were ineligible for reimbursement or were non- mandate-related. Incidents were ineligible because officers did not document the interviews with the involved parties. Non-mandate- related incidents were those that did not meet the definition of domestic violence as provided in PC section 13700; incidents that were related to violations of restraining orders; or incidents in which the relationships between individuals did not satisfy the criteria described in PC section 13700(b). Kern County Domestic Violence Arrest Policies and Standards Program During testing, we found that the county had claimed the entire standard time of 29 minutes for incident reports that were only partially reimbursable and claimed reimbursement for ineligible incident reports. The county overstated these costs because it did not claim costs in accordance with the program’s parameters and guidelines or the SCO’s Mandated Cost Manual. The following table summarizes the results of the statistical samples: -11- A P N T llo w a b le in c id e n t r e p o r ts a r tia lly r e im b u r s a b le in c id ( o n ly o n e p a r ty in te r v ie w e o n - m a n d a te - r e la te d in c id e o ta l r e p o r ts s a m p le d e d n n t r ) t r e e p p o o r r ts ts 2 0 1 8 - 1 9 7 3 4 1 2 7 1 4 1 2 0 1 F is c 9 - 2 0 7 9 4 3 2 0 1 4 2 a l Y 2 e a r 0 2 0 - 2 1 7 1 4 9 2 2 1 4 2 2 0 2 1 - 2 2 7 0 5 0 2 2 1 4 2 T o ta 2 1 5 l 9 8 9 6 3 3 1 7 The following table summarizes the unallowable hours based on the results of the statistical samples by fiscal year: Fiscal Year 2018-19 2019-20 2020-21 2021-22 Total Allowable incident reports 73 79 71 70 293 Standard time allowance (hours) × 0.48 × 0.48 × 0.48 × 0.48 Subtotal [A] 35 38 34 34 Partially reimbursable incident reports (only one party interviewed) 41 43 49 50 183 Allowable standard time allowance (hours) × 0.34 × 0.34 × 0.34 × 0.34 Subtotal [B] 14 15 17 17 Total reimbursable hours for sampled reports [C] = [A + B] 49 53 51 51 Statistical sample size ÷ 141 ÷ 142 ÷ 142 ÷ 142 Reimbursable hours per report 0.35 0.37 0.36 0.36 Documented number of domestic violence incident reports (audited population) × 2,230 × 2,643 × 2,769 × 2,600 Total reimbursable hours 781 978 997 936 Less hours per documented number of domestic violence incident reports (audited population) ( 1,070) ( 1,269) ( 1,329) ( 1,248) Total unallowable hours ( 289) ( 291) ( 332) ( 312) Kern County Domestic Violence Arrest Policies and Standards Program The following table summarizes the unallowable costs based on the unallowable hours identified in the statistical samples by fiscal year: -12- UC TC R T[ C R A n a llo w a b le H o u r s la im e d a v e r a g e p r o d u c tiv e h o u r ly r a te ( s a la r y ) o ta l u n a llo w a b le s a la r ie s [ A ] la im e d b e n e fit r a te e la te d u n a llo w a b le b e n e fit c o o ta l u n a llo w a b le s a la r ie s & b C ] = A + B ] la im e d in d ir e c t c o s t r a te e la te d in d ir e c t c o s ts [ D ] u d it a d ju s tm e n t [ E ] = [ C + D s e ] ts [ B n e fits ] × × × 2 0 1 8 - 1 9 ( 2 8 $ 3 3 .4 ( 9 ,6 6 1 2 0 .8 9 ( 1 1 ,6 8 ( 2 1 ,3 4 3 6 .8 4 ( 3 ,5 6 $ ( 2 4 ,9 0 9 4 4% 3 7 % 0 7 ) ) ) ) ) ) × × × F is 2 0 1 9 - 2 0 ( 2 9 1 $ 3 8 .8 4 ( 1 1 ,3 0 2 1 2 2 .0 9 % ( 1 3 ,7 9 9 ( 2 5 ,1 0 1 3 9 .4 3 % ( 4 ,4 5 6 $ ( 2 9 ,5 5 7 c a ) ) ) ) ) ) l Y e × × × a r2 0 2 0 - 2 1 ( 3 3 $ 3 8 .8 ( 1 2 ,8 9 1 2 6 .7 7 ( 1 6 ,3 4 ( 2 9 ,2 4 4 5 .3 0 ( 5 ,8 4 $ ( 3 5 ,0 8 2 4 5% 7 2 % 1 3 ) ) ) ) ) ) × × × 2 0 2 1 - 2 2 ( 3 1 $ 4 1 .2 ( 1 2 ,8 6 1 2 8 .1 2 ( 1 6 ,4 7 ( 2 9 ,3 3 4 4 .0 2 ( 5 ,6 6 $ ( 3 5 ,0 0 2 2 1% 8 9 % 1 0 ) ) ) ) ) ) T ( 1 ( $ ( 1 o 0 1 2 ta l 5 ,0 9 ,5 4 ,5 2 1 4 9 8 7 ) ) ) Criteria Section IV, “Reimbursable Activities,” of the parameters and guidelines begins: To be eligible for mandated cost reimbursement for any 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 and supported by source documents that show the validity of such costs, when they were incurred, and their relationship to the reimbursable activities. A source document is a document created at or near the same time the actual cost was incurred for the event or activity in question. Source documents may include, but are not limited to, employee time records or time logs, sign-in sheets, invoices, and receipts . . . . The claimant is only allowed to claim and be reimbursed for increased costs for reimbursable activities. . . .Increased cost is limited to the cost of an activity that the claimant is required to incur as a result of the mandate. Section IV.E, “Uniform Cost Allowance,” of the parameters and guidelines states: Pursuant to Government Code section 17557, the Commission on State Mandates has adopted a uniform cost allowance for reimbursement in lieu of payment of total actual costs incurred. The uniform cost allowance is applied only to Section IV, Reimbursable Activities, Component D (Implementation of the New Domestic Violence Arrest Policies to Identify the Primary Aggressor) and covers all costs (direct and indirect) of performing activities described under Component D. The uniform cost allowance provides the following: Kern County Domestic Violence Arrest Policies and Standards Program A standard time of twenty-nine (29) minutes may be claimed to identify the primary aggressor in any domestic violence incident. The standard time of twenty-nine (29) minutes is broken down as follows: • Seventeen (17) Minutes – Interview of both parties • Twelve (12) Minutes – Consideration of the factors listed [under Component D] The total cost will be determined by multiplying the number of reported responses x the average productive hourly rate, including applicable indirect costs as specified in section V., paragraph B, herein, × .48 (29 minutes divided by 60 minutes). Recommendation We recommend that the county: • Follow the program’s parameters and guidelines and the SCO’s Mandated Cost Manual when preparing its reimbursement claims; • Claim costs based on the number of domestic violence incidents that its RMS supports; • Claim costs for only those reports that document incidents meeting the definition of domestic violence as provided by PC section 13700; and • Claim only the portion of the standard time allowance that is attributable to the mandated activities performed. County’s Response The county concurs with the audit finding. -13- Kern County Domestic Violence Arrest Policies and Standards Program Attachment— County’s Response to Draft Audit Report State Controller’s Office Division of Audits Post Office Box 942850 Sacramento, CA 94250 www.sco.ca.gov S24-MCC-0004