Finding 398920 (2023-002)

Significant Deficiency
Requirement
B
Questioned Costs
-
Year
2023
Accepted
2024-05-29
Audit: 307522
Organization: Public Counsel (CA)
Auditor: Armanino

AI Summary

  • Core Issue: Inconsistent allocation of costs to Federal grants due to a flawed method for salaried employees and lack of documented approvals.
  • Impacted Requirements: Violations of Uniform Guidance Cost principles regarding cost consistency and internal control systems.
  • Recommended Follow-up: Management must update processes to ensure compliance and maintain documentation for all allocation approvals.

Finding Text

Finding number: 2023-002 AL number: 21.027 AL title: Coronavirus State and Local Recovery Funds Name of federal agency: U.S. Department of the Treasury Name of pass-through entity: State Bar of California, Legal Aid Foundation of Los Angeles, and Bet Tzedek Legal Services Repeat finding: No Criteria: The Uniform Guidance Cost principles require consistency in treatment of costs and, specifically, that compensation costs be consistent. In addition, the Uniform Guidance requires that there be a system of internal control which provides reasonable assurance that the charges are accurate, allowable and properly allocated and conform to the established accounting policies and practices of the Organization. Condition: For at least a portion of the fiscal year, costs allocated to Federal grants were calculated by multiplying the hourly rate times the number of hours worked on the Federal grant. This methodology is effective for hourly employees, but can result in a variance in amounts charged to Federal programs when salaried employees work more or less than the base hours. Additionally, in part as a result of transition to a new system, approvals were not consistently recorded for time entered. Cause: The underlying method for allocation did not take into account the fact that salaried employees might work more than the base amount. In addition, the allocation journal entries were prepared on a grant-by-grant basis after the total compensation expense was posted to a cost pool. Re-allocation of one funding source at a time obscured that fact that costs were not being allocated on a fully pro rata basis. In addition, changes to the Organization’s software and procedures occurred during the year, resulting in some inconsistency in application of controls. Possible effect: Minor discrepancies were found in the amounts allocated to Federal programs, though analysis indicated that a material impact was unlikely. Management was not able to provide documentation for certain allocation approvals. Context: We tested 40 allocations of compensation expense to the Federal programs, noting nine items for which pay rate documentation differed from the amount paid, and 20 items for which time allocation approval was unavailable. Recommendation: Management should ensure that new processes reflect all compliance requirements, including the ability to produce evidence of the execution of relevant controls. 30

Corrective Action Plan

Date: May 28, 2024 Cognizant or Oversight Agency: U.S. Department of the Treasury Public Counsel respectfully submits the following corrective action plan for the year ended August 31, 2023. Name and address of independent public accounting firm: Armanino, LLP 11766 Wilshire Blvd. 9ᵗʰ Floor Los Angeles, CA 90025 Audit period: August 31, 2023 The finding from the August 31, 2023 schedule of findings and questioned costs is discussed below. The finding is numbered consistently with the number assigned in the schedule. FINDINGS-FINANCIAL STATEMENT AUDIT SIGNIFICANT DEFICIENCY 2023-002 The Uniform Guidance Cost principles require consistency in treatment of costs and, specifically, that compensation costs be consistent. In addition, the Uniform Guidance requires that there be a system of internal control which provides reasonable assurance that the charges are accurate, allowable and properly allocated and conform to the established accounting policies and practices of the Organization. Recommendation: Management should ensure that new processes reflect all compliance requirements, including the ability to produce evidence of the execution of relevant controls. Action Taken: We agree with the auditors' recommendations, and we have and will be taking the following actions within the current fiscal year: We have updated the payroll allocation methodology to ensure that we are making allocations for employees on a fully pro rata basis and that there is a validation process to ensure that 100% of an employee's time is appropriately allocated across Federal and non-Federal funding sources. The supporting documentation is saved in our shared network folders and attached to the journal entries within our financial system. For any future process or system changes, we will ensure that we have thoroughly assessed the impact of any change before we implement it and vet it in through our internal grant compliance team. We have already made changes to involve our Legal Data Manager to implement a reporting process to ensure that we have complete timeslips that reflect both employee and supervisor approvals for every pay period. We will maintain this approach in Legal Server, the Organization's case management and timekeeping system, and will attach these timeslips as support for each of our allocation entries. We will continue to assess our procedures and internal controls relevant to our Federal funding to ensure compliance with the requirements of Uniform Guidance. We will do a thorough review of our internal control system and update it as necessary to align with best practices as recipients of Federal funding. The Finance team will actively seek training related to Uniform Guidance and other Federal rules and requirements. We will share and discuss this information across departments to maintain organization-wide compliance. Name of responsible person: Steven Godoy VP, Finance & CFO Anticipated completion date: August 31, 2024 If the U.S. Department of Treasury has questions regarding this plan, please call Steven Godoy, VP, Finance & CFO at (213) 393-1055. Sincerely yours, Steven Godoy VP, Finance & CFO

Categories

Allowable Costs / Cost Principles Subrecipient Monitoring

Other Findings in this Audit

  • 975362 2023-002
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
21.027 Coronavirus State and Local Fiscal Recovery Funds $297,705
64.033 Va Supportive Services for Veteran Families Program $260,133
21.026 Homeowner Assistance Fund $256,107
16.575 Crime Victim Assistance $83,005
16.582 Crime Victim Assistance/discretionary Grants $59,600