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HomeMy WebLinkAboutResolutions - 1981.02.05 - 14687Miscellaneous Resolution: #81040 Dated: February 5, 1981 BY: PUBLIC SERVICES ODNEI DI - James E. Lanni, Chairman IN RE: Sub-Recipient Audit Resolution Procedures and Policies TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution NO. 6546 and 8883 applied for and was granted the designation as Prime Sponsor by the U. S. Department of Labor to administer the provisions of the Comprehensive EMployment and Training Act of 1973 and the Comprehensive Employment and Training Act Amendments of 1978; and WHEREAS a Sub-Recipient Audit Resolution Process Manual has been developed in conjunction with our recently developed Financial Procedures Manual by the Certified Public Accounting Firm of Plante and Moran; and WHEREAS it was developed in response to the need for a procedure to be established whereby this audit resolution process can be accounted for; and WHEREAS the previously established Audit Policy for Questioned Costs per Board Resolution No. 8865 dated March 1, 1979, has become obsolete in accordance with the Office of the Inspector General (0.I.G.) Department of Labor; and WHEREAS the Department of Labor, Employment and Training Administration has recently started stressing the fact that the County of Oakland Prime Sponsor is financially liable for sub-recipient disallowed costs as reflected in their audit reports. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Sub-Recipient Audit Resolution Procedures and Policies which establish a procedure and authority for resolving sub-recipient audit reports. BE IT FURTHER RESOLVED that a monthly written status report of outstanding audits will be submitted to the Public Services Committee. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITIEE , OAKLANC. ATV EMPLOYMENT AND Th.mINING DIVISYON SU1L-RECIP1ENT AUDIT PROCESS • FLOW. CHART EXHIBIT A PAGE 21 Provides list of 2. Performs audits of sub-recipients sub-recipients, to be audited. 1 . Attends Audit Con- ference with sub- recipient and reviews documentation submitted. cc. Reviews additional docu- mentation and submits recommendation for allowance or disallowance within 15 days of reciept. 4.D Initiatee prucvdures fur collection of disallowed costs and notifies Public Service Committee. Submits notice of insufficienc documentation tha Sub-Recipient and the Employment and Training Division. Colducts exit interview with Program Activity Sulaervisor present. Submits draft audit to Sub-Recipient. Allows 15 days for response to the draft audit. Prepares final audit incorporating any response to the draft. All correspondence is signed by the Program Activity Supervisor. a a *0 * OFFICE OF TILE INSPECTOR GENERAL OAKLAND COUNTY AUDIT DIVISION ACCOUNTING AND MIDGET SECTION PROGRAM ACTIVITY SECTION OAKLAND COUNTY REIMBURSEMINT DIVISION Civil Counsel PUBLIC SERVICE COMMITTEE IRecords Audits re-4. calved on the Audit Control Log. 4.A Notifies sub- recipient to attend Audit Con- ference and to present required documentation within 30 days. Attempts oollectiol 6. Initiates legal 7. Reviews audit find- of accounts delin- proceedings for ings and action quent in excess uncollectable taken in consid- of 90 days. accounts, eration, of cancelling future funding to the sub-recipients. accounts to the Civil Counsel and presents sum- mary of actions taken to the Publis Service Committiee, Prepares analysis 5. of sub-recipient auditwithin 15 days of receipt. Refers uncollectable • 4 3,A Attends Audit 4.B Conference with sub-recipient and reviews docu- mentation submitted. 3.g Formally notifies sub-recipient of • Audit Conference finding within 15 days of the conferen and of any addi- tional documen- 4.0 tation required to be submitted within 30 days. ** 3.0 Reviews findings and documentation within 10 days. 3.0 Formally notifies sub-recipient of findings. 40 A l.4 DIG Resident Auditor . 3,E Records resolution reviews all audit on Audit Control Log and resolutions quarterly. . records receivable,6 liability. 3.F Follows up on questioned Costs to be resolved by the Employment & Training Div. 3.0 Prepares monthly simrsaries identifying the audits open, pending, delinquent or closed, and the betel audits received to date. Summaries are forwarded to the Activity Supervisors and the Director. 7 --- OAKLAND COUNTY ••11 I EMPLOYMENT AND TRAINING DIVInSee AUDIT POLICY FOR QUESTIONABLE COSTS In accordance with the new Comprehensive Employment and Training Act (CETA) Regulations issued April 3, 1979, under Vtle 20, Code of Federal Regulations, Part 676, the County of Oakland Er.ployeent and Training Admietis-- tration has revised its Anc7 Policy for Questions,ble Costs. This -CVIE: reflects the requirements eeedoted by the Act for establishing p:ecHee•s 's investigate and resolve queetionable costs identified through audil. policies represent a standard of reasonableness which will maintain the fiscal . integrity of our financial system and permit sub-contractors. to operate in the - field without unreasonable delays and expanded uncertainty. Questionable costs. identified through audit may be resolved at the Prime Sponsor level, however, all decisions rendered are subjected to review by the Office of Inspector General and the Department of Labor, and therefore, may be overruled at their discretion. The policies exist in three specifia segments; (1) Documentation, (2) Recaptured Funds, and (3) Costs Reaeo.---oe-e for Allowance. The purpose of the review of these policies is to establish authority and procedure, through the Department of Labor and the Office of Inspector General, for resolving audit findings. These policies will subsequently be included in the Annual Manpower , Plan for Fiscal Year 1981. Policy D: Documentation All costs not substantiated during an audit are questioned. The documentation policy allows a subcontractor the opportunity to substantiate these costs by providing specific documentstfsa. Documentation may include financial documents such ae copies of payroll registers, bank statements, and reimbursement requests. Copies of participant PRIRs, contract modifications, written authorization of expenditures, reimbursement modifications, Regu- lation specifications, and/or any essential evidence verifying any or all costs questioned also 1 ,en, be included in the docus 39 mentation required. Audit findv deficiencies without providing e expenditures. Therefore, contractl Tíy identify. broad system details of the questionable in question are given the • opportunity to resolve all findings reported by ttoviding sufficient documentation. In the case of expenditures charged to the wrong Title, contractors must provide verification that the costs in question did not -result in duplicate charges to the program. tt:0111.1 0A.KL1ND COUNTY EMPLOYMENT AND TRAINING DIVISION AUDIT POLICY FOR QUESTIONABLE COSTS Policy D: Documentation (Continued) As a result of audit findings, classroom training Contractors are permitted to resolve questionable costs by substantiating expen- ditures on a tuition per student ha-'.„ Contractors audited are permitted 30 days, from the date of con- ference between themselves and the Prime Sponsor, to substantiate any or all questionable expenditures. The documentation provided must comply with auditing stande-ds and must be found acceptable by the Office of 7nspector Geeerel and the Department of Labor in order to be al 'd. If this deeumentation is not submitted within. the period-specified, the questionable expenditures will be dis- allowed and required to he refunded to the Prime Sponsor. Questioned costs identified through audit due to lack of documentation may be recommended for allowance, if the appropriate documentation. is - provided within a reasonable time period. Policy E: Recaptured Funds Resolution ofaudit findings may be completed by repayment of dis- allowed costs to the Employment and Training Administration, This payment is a result of Federal Regulation violations and/or , improper expenditures due to accounting and administrative in- adequacies on the part of the agency in question. In each instance of disallowed costs payable, if the audit reviewed also indicated that there is a surplus of allowable expendituyen which have not been requested for reimbursement, the Prime Sponsor' . may not net the disallowed expenses against the surplus expenditures, Only the Grant Officer (DOL) has authority to net disallowed 'expenses against surplus expenditures. Therefore, all cases should he for- warded to the Department of Labor for audit resolution. Policy F: Costs Recommended for Allowance • Resolution of audit findings may be completed by recommending costs for allowance to the Department of Labor. Pe• reeling to Title 20, Code of Federal Regulations, Part 676.88 (c), allowability of cer- tain questioned costs may be made by the Grant Office (DOL) if it can be determined that -e The activity was not -fraudulent and the violation did not take place with the knowledge of the recipient, and • (Contineed. OAKLAND COUNTY , EMPLOYMENT AND TRAINING DIVISION AUDIT POLICY FOR QUESTIONABLE COSTS Policy F: Costs Recommended for Allowance (Continued) - Immediate action was taken to remove any ineligible participants, and •Eligibility determination pro es or other such management systems and mechanisms required in these regulations were pro- perly followed and monitored, and - Immediate action was tee:e to r,r,--7iy the pr'hlc questioned activity or ineligibility, and - ' The magnitude of questioned costs or activities ausing the aot substantial, The questionable costs identified through audit may be allowed if it meets all applicable criteria described above. Only the Department of L.s.r may use the five criteria to allow costs questioned in sub- grantee audit reports. However, the Prime Sponsor may use the criteria in RECOMMENDING that the Department of Labor allow the cost in question. In accordance with the Federal Regulations stipulated above, the following costs are recommended for allowance as a result of questioned costs identified in audit findings: 1. Wages (including those received for overtime work and leave taken during this period of employment) paid to any Public Service Employment (PSE) participant from funds under the Act are limited to the full-time rate which is specified by Federal Re'"! ion for each con- - tinuing grant under the Act. Th3e full-time rate, if annualized, may equal, but cannot exceed the maximum rate allowable by Federal Regulation for the particular grant period in question. - This also 1!ndledea the cost of fringe benefits to the extent that they did pt exceed the annual earnings allowable by Federal. Y3 ,:;7 ,ons for the period in question. In the event of questienable costs taining to the maximum full-time rate for le:e and fringe benefit compensation, documentation must be nrovided to sub- Stantiate otherwise, in order for the related costs to be recommended for allowance. 2. On-the-job (OJT) is training given to a participant, who has been hired first by an employer, in the pritete or public sector, and which occurs while the partied:.: is engaged in productive work which provides knowledge or skills essential to the 11111 and adequate performance of the job. OAKLAND COUNTY (Cot LOYMENT AND TRAINING. DIVISION' AUDIT POLICY FOR QUESTIONABLE COSTS ' - Policy F: Costs Recommended for A 2. Continued ce (Continued) In reviewing OJT contracts at the time of it must be determined whether or not each CETA partiele.et under the . contract agreement received, the total reiree -f training hours specified in the contract. It Must elso be determined if each participant received the hourly wage specified in order to assess if the intent of the contract negotiation , has been met, and that the employer complied with the Act and Federal Regulations, As a. result of e -.3it findings, queetionable costs have been identified resuJting from the compensationof accrued holi=, days to OJT employers. It is not the issue of holiday pay that is being challenged in each audit finding. It is the issue of whether or not the total hours of training specified in the . contract has been received by the participant inquestion. In each instance, • the total hours of training times the hourly rate specified in the contract. agreement must be equal to the total amount allowable for reie:eursement under the contract. If a variance exists as a result of holiday pay in which no hours of training were received, it will result in questionable • costs. Documentation must be provided to substantiate other- wise, in order for the related costs to be recommended for allowance. #81040 February 5, 1981 Moved by Lanni supported by Cagney the resolution be adopted. AYES: Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Lanni, Moffitt, Montante, Moore, Patterson, Perinoff, Pernick. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution #81040 adopted by the Oakland County Board of Commissioners at their meeting held on February 5, 1981 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan — 5th February In 81 Lynn D. Clerk