Finding 561972 (2024-002)

Material Weakness Repeat Finding
Requirement
B
Questioned Costs
$1
Year
2024
Accepted
2025-05-30
Audit: 357595
Organization: Colorado Legal Services, INC (CO)

AI Summary

  • Core Issue: Inconsistent salary and expense allocations to grants, leading to potential non-compliance with federal regulations.
  • Impacted Requirements: Federal regulations require accurate records for salary allocations and uniform application of accounting policies across all funding sources.
  • Recommended Follow-Up: Update the cost allocation methodology to minimize manual adjustments and ensure consistent, automated calculations reflecting actual employee time and effort.

Finding Text

Criteria or Specific Requirement: Federal regulations (45 CFR 1635.4(a) and 2 CFR 200.430), state that federal award recipients must base allocations of salaries and wages costs to grants on records that accurately reflect the work performed. Federal regulations (45 CFR 1630.5 and 2 CFR 200.403) state that expenditures are allowable under an LSC (or federal) grant or contract only if the recipient can demonstrate that the cost was consistent with accounting policies and procedures that apply uniformly to both LSC (or, federal)-funded and non-LSC (of, federal) -funded activities. Condition: During our testing we noted:  Payroll transactions: Eleven instances of errors totaling a net amount of $2,009 (an absolute value amount of $2,009) where the incorrect percentages were utilized in the allocation of the employee's pay, the incorrect employee's time was used in the allocation of the employee's pay, or there were unsupported amounts added to the allocation of the employee’s pay, and  Payroll transactions: Seven instances of errors totaling a net amount of $109 (an absolute value amount of $4,405) where an unsupported allocation percentage was used to allocate the employee's pay to the grant - typically, employee salaries are allocated to LSC and two other private grants using an allocation base of a LSC cost driver for the period divided by the total cost driver coded to the Organization’s general fund.  Fringe-benefit transactions: Two instances of an error totaling $91 where an unsupported allocation percentage was used to allocate employer-paid employee insurance costs to the grant - typically, costs are allocated to LSC and two other private grants using an allocation base of a LSC cost driver for the period divided by the total cost driver coded to the Organization’s general fund.  Fringe-benefit transactions: Two instances of errors totaling $275 where employer-paid employee insurance and HSA contribution deductions per the employee's pay stub were allocated to the grant at a rate of 100%.  Non-payroll and fringe transactions: one instance of an error totaling $884 where an unsupported allocation percentage was used to allocate general costs to the grant - typically, costs are allocated to LSC and two other private grants using an allocation base of a LSC cost driver for the period divided by the total cost driver coded to the Organization’s general fund. Additionally, we noted inconsistency in the general fund (LSC and two other private grants) allocation basis used during the year - grant hours and projected revenue were both utilized at different times during the year. Additionally, we noted that allocations in the general fund are done using projected revenue. However as revenue was recognized as expenses were incurred for the general fund the allocation based on revenue approximated an allocation method based on costs. As such, the costs mentioned above were allocated in an inconsistent manner to other grant costs and were not fully representative of the employees’ time and effort. However, we noted a lower frequency of differences in sample selections that occurred during the last several months of the year after management implemented a change to its allocation processes in response to the prior year audit. 2024 – 002: Cost Allocation of Expenses to LSC Grants (Continued) Questioned Costs: A net amount of $3,150 of allocated salary expense described above, which is related to Assistance Listing Number 09.706060. Context: These 23 instances were noting during testing of 55 disbursements. Cause: The Organization’s cost allocation methodology is primarily based on time and effort records, and periodic calculations of a LSC cost driver for the period divided by the total cost driver coded to the Organization’s general fund, but it often includes manual adjustments based on review of individual time records, expense and other data. Therefore, the methodology is challenging to apply consistently, document contemporaneously, and apply in accordance with federal regulations. Effect: The inclusion of frequent manual adjustments in the Organization’s cost allocation methodology could cause costs to be allocated to grants that are not reflective of the time and effort spent on grant activities and in a manner where costs are not applied uniformly to both LSC (or, federally)-funded and non-LSC (of, federally) -funded activities. Repeat Finding: The finding is a repeat of findings in the immediately prior year. The prior year finding numbers were 2023-003 and 2023-004. Recommendation: We recommend that the Organization consider updating its cost allocation methodology and process to reduce the frequency of manual adjustments based on review of individual time records and expense data and maximize the use of automated allocations that are calculated in a consistent manner that ensure costs are applied uniformly to respective benefited activities, and that are reflective on employees’ time and effort records Views of responsible officials: Management partially agrees with this finding. First, 45 CFR Part 1635 codifies the timekeeping requirement. CLS keeps track of every case and time dedicated by staff in strict compliance with this requirement. Additionally, the distribution of expenses in the general fund, which includes LSC and two other funding sources, represents a fair method and allocation. Regarding the questioned costs, CLS disagrees with the finding of material weakness given the extremely low total dollar value. Auditor’s Concluding Remarks: Management’s response did not persuade the auditor to revise the finding. Federal regulations state that expenditures are allowable under an LSC (or federal) grant or contract only if the recipient can demonstrate that the cost was consistent with accounting policies and procedures that apply uniformly to both LSC (or, federal)-funded and non-LSC (of, federal) -funded activities.

Corrective Action Plan

Legal Services Corporation Grants – Assistance Listing No. 09.706060 Recommendation: We recommend that the Organization consider updating its cost allocation methodology and process to reduce the frequency of manual adjustments based on review of individual time records and expense data and maximize the use of automated allocations that are calculated in a consistent manner that ensure costs are applied uniformly to respective benefited activities, and that are reflective on employees’ time and effort records Explanation of Disagreement With Audit Finding: Management partially agrees with this finding. First, 45 CFR Part 1635 codifies the timekeeping requirement. CLS keeps track of every case and time dedicated by staff in strict compliance with this requirement. Additionally, the distribution of expenses in the general fund, which includes LSC and two other funding sources, represents a fair method and allocation. Regarding the questioned costs, CLS disagrees with the finding of material weakness given the extremely low total dollar value. Action Taken in Response to Finding: The Organization will review this finding and current methodology and propose corrections as part of a broader review of its technologies. Name of the Contact Person Responsible for Corrective Action: Silvia Zelaya, Finance Director Planned Completion Date for Corrective Action Plan: January 2026

Categories

Questioned Costs Allowable Costs / Cost Principles Material Weakness

Other Findings in this Audit

  • 561973 2024-003
    Material Weakness Repeat
  • 561974 2024-006
    Material Weakness
  • 561975 2024-002
    Material Weakness Repeat
  • 561976 2024-003
    Material Weakness Repeat
  • 561977 2024-006
    Material Weakness
  • 561978 2024-002
    Material Weakness Repeat
  • 561979 2024-003
    Material Weakness Repeat
  • 561980 2024-006
    Material Weakness
  • 561981 2024-004
    Material Weakness Repeat
  • 561982 2024-005
    Material Weakness Repeat
  • 561983 2024-006
    Material Weakness
  • 561984 2024-004
    Material Weakness
  • 561985 2024-005
    Material Weakness Repeat
  • 561986 2024-004
    Material Weakness
  • 561987 2024-005
    Material Weakness Repeat
  • 561988 2024-004
    Material Weakness
  • 561989 2024-005
    Material Weakness Repeat
  • 561990 2024-004
    Material Weakness
  • 561991 2024-005
    Material Weakness Repeat
  • 561992 2024-004
    Material Weakness
  • 561993 2024-005
    Material Weakness Repeat
  • 561994 2024-004
    Material Weakness
  • 561995 2024-005
    Material Weakness Repeat
  • 561996 2024-004
    Material Weakness
  • 561997 2024-005
    Material Weakness Repeat
  • 561998 2024-004
    Material Weakness
  • 561999 2024-005
    Material Weakness Repeat
  • 562000 2024-004
    Material Weakness
  • 562001 2024-005
    Material Weakness Repeat
  • 562002 2024-004
    Material Weakness
  • 562003 2024-005
    Material Weakness Repeat
  • 562004 2024-004
    Material Weakness
  • 562005 2024-005
    Material Weakness Repeat
  • 562006 2024-004
    Material Weakness
  • 562007 2024-005
    Material Weakness Repeat
  • 562008 2024-004
    Material Weakness
  • 562009 2024-005
    Material Weakness Repeat
  • 1138414 2024-002
    Material Weakness Repeat
  • 1138415 2024-003
    Material Weakness Repeat
  • 1138416 2024-006
    Material Weakness
  • 1138417 2024-002
    Material Weakness Repeat
  • 1138418 2024-003
    Material Weakness Repeat
  • 1138419 2024-006
    Material Weakness
  • 1138420 2024-002
    Material Weakness Repeat
  • 1138421 2024-003
    Material Weakness Repeat
  • 1138422 2024-006
    Material Weakness
  • 1138423 2024-004
    Material Weakness Repeat
  • 1138424 2024-005
    Material Weakness Repeat
  • 1138425 2024-006
    Material Weakness
  • 1138426 2024-004
    Material Weakness
  • 1138427 2024-005
    Material Weakness Repeat
  • 1138428 2024-004
    Material Weakness
  • 1138429 2024-005
    Material Weakness Repeat
  • 1138430 2024-004
    Material Weakness
  • 1138431 2024-005
    Material Weakness Repeat
  • 1138432 2024-004
    Material Weakness
  • 1138433 2024-005
    Material Weakness Repeat
  • 1138434 2024-004
    Material Weakness
  • 1138435 2024-005
    Material Weakness Repeat
  • 1138436 2024-004
    Material Weakness
  • 1138437 2024-005
    Material Weakness Repeat
  • 1138438 2024-004
    Material Weakness
  • 1138439 2024-005
    Material Weakness Repeat
  • 1138440 2024-004
    Material Weakness
  • 1138441 2024-005
    Material Weakness Repeat
  • 1138442 2024-004
    Material Weakness
  • 1138443 2024-005
    Material Weakness Repeat
  • 1138444 2024-004
    Material Weakness
  • 1138445 2024-005
    Material Weakness Repeat
  • 1138446 2024-004
    Material Weakness
  • 1138447 2024-005
    Material Weakness Repeat
  • 1138448 2024-004
    Material Weakness
  • 1138449 2024-005
    Material Weakness Repeat
  • 1138450 2024-004
    Material Weakness
  • 1138451 2024-005
    Material Weakness Repeat

Programs in Audit

ALN Program Name Expenditures
09.706 Basic Field Grant $6.73M
21.027 Coronavirus State and Local Fiscal Recovery Arapahoe Eviction Clinic $750,000
93.044 Special Programs for the Aging, Title Iii, Part B $632,601
16.575 Civil Legal Services for Victims $545,178
21.026 Energy/mineral Impact Assistance Fund $240,432
09.706 Agricultural Worker Grant $214,417
21.008 Low Income Taxpayer Clinics $199,407
16.320 Services for Victims of Human Trafficking $182,240
09.706 Native American Grant $144,792
09.706 Technology Innovation Grants (tig) $131,117
21.027 Coronavirus State and Local Fiscal Recovery Eviction Diversion $47,544
21.023 Coronavirus State and Local Fiscal Recovery Emergency Rental Assistance $22,281
93.044 Special Programs for the Aging, Title Iii, Part B, Grants for Supportive Services and Senior Centers $22,015
14.218 Community Development Block Grants/entitlement Grants $21,440
16.815 Tribal Civil Legal Assistance $17,610