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JUDICIAL COUNCIL OF CALIFORNIA
Review Report
PAYROLL PROCESS REVIEW
January 1, 2012, through December 31, 2014
BETTY T. YEE California State Controller
June 2017
BETTY T. YEE
California State Controller
June 26, 2017
Martin Hoshino, Administrative Director
Judicial Council of California
455 Golden Gate Avenue
San Francisco, CA 94102-3688
Dear Mr. Hoshino:
The State Controller’s Office has reviewed the Judicial Council of California payroll process for
the period of January 1, 2012, through December 31, 2014. The Judicial Council management is
responsible for maintaining a system of internal control over the payroll process within its
organization, and for ensuring compliance with various requirements under state laws and
regulations regarding payroll and payroll-related expenditures.
Our limited review identified material weaknesses in internal control over the Judicial Council
payroll process that leave the Judicial Council at risk of additional improper payments if not
mitigated. Specifically, the Judicial Council lacked adequate segregation of duties and
compensating controls over its processing of payroll transactions. The lack of segregation of
duties and appropriate compensating controls has a pervasive effect on the Judicial Council
payroll process and impairs the effectiveness of other controls by rendering their design
ineffective or by keeping them from operating effectively.
In addition, the Judicial Council inappropriately granted two employees keying access to the
State’s payroll system. The employees’ keying access was not immediately removed or modified
subsequent to change in classification. This control deficiency leaves the Judicial Council at risk
of misuse, abuse, and unauthorized use of payroll data.
We also found that the Judicial Council lacked sufficient controls over the processing of specific
payroll-related transactions to ensure that the Judicial Council complies with state laws and
policies, and that only valid and authorized payments are processed. The control deficiencies
contributed to the Judicial Council employees’ excessive vacation and annual leave balances,
underpayments in separation lump-sum pay, overpayments in overtime compensation, and
unrecovered long-outstanding salary advances, costing the State an estimated net total of
$28,311. Our review was performed on a limited number of transactions only; a more extensive
review may determine that the amount of improper payments is higher than what we found.
Martin Hoshino, Administrative Director -2- June 26, 2017
If you have any questions, please contact Andrew Finlayson, Chief, State Agency Audits Bureau,
by phone at (916) 324-6310.
Sincerely,
Original signed by
JEFFREY V. BROWNFIELD, CPA
Chief, Division of Audits
JVB/ls
cc: Tani G. Cantil-Sakauye, Chief Justice of California
Chair of the Judicial Council of California
Aurora Rezapour, Director of Human Resources
Judicial Council of California
Curt Soderlund, Chief, Administrative Division
Judicial Council of California
Felizia Nava-Kardon, Human Resources Principal Manager
Administrative Division, Judicial Council of California
Evelyn Ramos, Supervising Pay and Benefits Specialist
Administrative Division, Judicial Council of California
Mark Rodriguez, Chief, Administrative Services Division
California Department of Human Resources
Judicial Council of California Payroll Process Review
Contents
Review Report
Summary ............................................................................................................................ 1
Background ........................................................................................................................ 2
Objectives, Scope, and Methodology ............................................................................... 3
Conclusion .......................................................................................................................... 4
Views of Responsible Officials .......................................................................................... 5
Restricted Use .................................................................................................................... 5
Findings and Recommendations ........................................................................................... 6
Attachment—Judicial Council of California’s Response to Draft Review Report
Judicial Council of California Payroll Process Review
-1-
Review Report
The State Controller’s Office (SCO) reviewed the Judicial Council of
California payroll process for the period of January 1, 2012, through
December 31, 2014. The Judicial Council management is responsible for
maintaining a system of internal control over the payroll process within its
organization, and for ensuring compliance with various requirements
under state laws and regulations regarding payroll and payroll-related
expenditures.
Our limited review identified material weaknesses in internal control over
the Judicial Council payroll process that leave the Judicial Council at risk
of additional improper payments if not mitigated. We found that the
Judicial Council has a combination of deficiencies in internal control over
its payroll process such that there is a reasonable possibility that a material
misstatement in financial information or noncompliance with provisions
of laws, regulations, or contracts will not be prevented, or detected and
corrected on a timely basis. Specifically, the Judicial Council lacked
adequate segregation of duties and compensating controls over its
processing of payroll transactions. The payroll transactions unit staff
performed conflicting duties. The staff performs multiple steps in
processing payroll transactions, including data entry into the State’s
payroll system; auditing employee timesheets; reconciling payroll,
including system output to source documentation; and reporting payroll
exceptions. This control deficiency was aggravated by the lack of
compensating controls, such as management oversight and review, to
mitigate the risks associated with such a deficiency. The lack of
segregation of duties and appropriate compensating controls has a
pervasive effect on the Judicial Council payroll process and impairs the
effectiveness of other controls by rendering their design ineffective or by
keeping them from operating effectively.
In addition, the Judicial Council inappropriately granted two employees
keying access to the State’s payroll system. The employees’ keying access
was not immediately removed or modified subsequent to change in
classification. This control deficiency leaves the Judicial Council at risk
of misuse, abuse, and unauthorized use of payroll data.
We also found that the Judicial Council lacked sufficient controls over the
processing of specific payroll-related transactions to ensure that the
Judicial Council complies with state laws and policies, and that only valid
and authorized payments are processed. As summarized in the table on
page 2, the control deficiencies contributed to the Judicial Council
employees’ excessive vacation and annual leave balances, underpayments
in separation lump-sum pay, overpayments in overtime compensation, and
unrecovered long-outstanding salary advances, costing the State an
estimated net total of $28,311. Our review was performed on a limited
number of transactions only; a more extensive review may determine that
the amount of improper payments is higher than what we found.
Summary
Judicial Council of California Payroll Process Review
-2-
The following table summarizes our review results:
Selections Reviewed Selections with Issues
Finding
Number Issues
Number of
Selections
Reviewed
Selection
Unit
Dollar
Amount of
Selections
Reviewed
Number of
Selections
with Issues
Issues as a
Percentage
of Selections
Reviewed *
Approxi-
mate Dollar
Amount
Dollar
Amount of
Issues as a
Percentage of
Dollar
Amount of
Selections
Reviewed *
1 Inadequate segregation of duties
and compensating controls
N/A N/A
N/A
N/A
N/A
N/A
N/A
2 Inappropriate keying access to the
State’s payroll system
12 Employee
$ –
2
17%
$ – $ –
3 Inadequate controls over vacation
and annual leave balances,
resulting in liability for excessive
credits
16 Employee
95,825
10
63%
$20,976
22%
4 Inadequate controls over
employee separation lump-sum
pay, resulting in underpayments
15 Employee
602,867
2
13%
(1,356)
–
5 Inadequate controls over overtime
payments, resulting in an
overpayment
16 Payment
transaction
4,067
1
6%
23
–
6 Inadequate controls over salary
advances, resulting in failure to
collect and maintain accurate
records
3 Salary
advance
transaction
8,668
3
100%
8,668
100%
Net total 62 $ 711,427 18 $ 28,311
* All percentages are rounded to the nearest full percentage point.
In 1979, the State of California adopted collective bargaining for state
employees. The adoption of collective bargaining created a significant
workload increase for the SCO’s Personnel and Payroll Services Division
(PPSD), as PPSD was the State’s centralized payroll processing center for
all payroll related-transactions. As such, PPSD decentralized the
processing of payroll, allowing state agencies and departments to process
their own payroll-related transactions. Periodic reviews of the
decentralized payroll processing at state agencies and departments ceased
due to the budget constraints in the late 1980s.
In 2013, the California State Legislature reinstated these payroll reviews
to gain assurance that state agencies and departments maintain an adequate
internal control structure over the payroll function, provide proper
oversight over their decentralized payroll processing, and comply with
various state laws and regulations regarding payroll processing and related
transactions.
Review Authority
Authority for this review is provided by California Government Code
(GC) section 12476, which states, “The Controller may audit the uniform
state pay roll system, the State Pay Roll Revolving Fund, and related
records of state agencies within the uniform state pay roll system, in such
Background
Judicial Council of California Payroll Process Review
-3-
manner as the Controller may determine.” In addition, GC section 12410
stipulates that “The Controller shall superintend the fiscal concerns of the
state. The Controller shall audit all claims against the state, and may audit
the disbursement of any state money, for correctness, legality, and for
sufficient provisions of law for payment.”
Our review objectives were to determine whether:
Payroll and payroll-related disbursements were accurate and in
accordance with state laws, regulations, policies, and procedures.
The Judicial Council had established adequate internal control for
payroll, to meet the following control objectives:
o Payroll and payroll-related transactions are properly approved and
certified by authorized personnel;
o Only valid and authorized payroll and payroll-related transactions
are processed;
o Payroll and payroll-related transactions are accurate and properly
recorded;
o Payroll systems, records, and files are adequately safeguarded;
and
o State laws, regulations, policies, and procedures are complied
with regarding payroll and payroll-related transactions.
The Judicial Council complied with existing controls as part of the
ongoing management and monitoring of payroll and payroll-related
expenditures.
The Judicial Council maintained accurate records of leave balances.
Salary advances were properly administered and recorded in
accordance with state laws, regulations, policies, and procedures.
We reviewed the Judicial Council payroll process and transactions for the
period of January 1, 2012, through December 31, 2014.
To achieve our review objectives, we:
Reviewed state and Judicial Council policies and procedures related
to payroll process to understand the practice of processing various
payroll and payroll-related transactions;
Interviewed Judicial Council payroll personnel to understand the
practice of processing various payroll and payroll-related transactions,
determine their level of knowledge and ability relating to the payroll
transaction processing, and obtain or confirm our understanding of
existing internal control over the payroll process and systems;
Selected transactions recorded in the State’s payroll database based on
risk factors and other criteria for review;
Objectives, Scope,
and Methodology
Judicial Council of California Payroll Process Review
-4-
Analyzed and tested transactions recorded in the State’s payroll
database and reviewed relevant files and records to determine the
accuracy of payroll and payroll-related payments, accuracy of leave
transactions, proper review and approval of transactions, adequacy of
internal control over the payroll process and systems, and compliance
with state laws, regulations, policies, and procedures (errors found
were not projected to the intended population); and
Reviewed salary advances to determine whether they were properly
administered and recorded in accordance with state laws, regulations,
policies, and procedures.
Our limited review identified material weaknesses1 in internal control over
the Judicial Council payroll process that leave the Judicial Council at risk
of additional improper payments if not mitigated. The Judicial Council has
a combination of deficiencies in internal control over its payroll process
such that there is a reasonable possibility that a material misstatement in
financial information or noncompliance with provisions of laws,
regulations, or contracts will not be prevented, or detected and corrected
on a timely basis. Specifically, the Judicial Council lacked adequate
segregation of duties and compensating controls over its processing of
payroll transactions. The payroll transactions unit staff performed
conflicting duties. The staff performs multiple steps in processing payroll
transactions, including data entry into the State’s payroll system; auditing
employee timesheets; reconciling payroll, including system output to
source documentation; and reporting payroll exceptions. This control
deficiency was aggravated by the lack of compensating controls, such as
management oversight and review, to mitigate the risks associated with
such a deficiency. The lack of segregation of duties and appropriate
compensating controls has a pervasive effect on the Judicial Council
payroll process and impairs the effectiveness of other controls by
rendering their design ineffective or by keeping them from operating
effectively.
In addition, the Judicial Council inappropriately granted two employees
keying access to the State’s payroll system. The employees’ keying access
was not immediately removed or modified subsequent to change in
classification. This control deficiency leaves the Judicial Council at risk
of misuse, abuse, and unauthorized use of payroll data.
1 An evaluation of an entity’s payroll process may identify deficiencies in its internal control over such a process. A
deficiency in internal control exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent, or detect and correct
misstatements in financial information, impairments of effectiveness or efficiency of operations, or noncompliance
with provisions of laws, regulations, or contracts on a timely basis.
Control deficiencies, either individually or in combination with other control deficiencies, may be evaluated as
significant deficiencies or material weaknesses. A significant deficiency is a deficiency, or a combination of
deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention
by those charged with governance. A material weakness is a deficiency, or combination of deficiencies, in internal
control such that there is a reasonable possibility that a material misstatement in financial information, impairment
of effectiveness or efficiency of operations, or noncompliance with provisions of laws, regulations, or contracts will
not be prevented, or detected and corrected on a timely basis.
Conclusion
Judicial Council of California Payroll Process Review
-5-
The Judicial Council also lacked sufficient controls over the processing of
specific payroll-related transactions to ensure that the Judicial Council
complies with state laws and policies, and that only valid and authorized
payments are processed. The control deficiencies contributed to the
Judicial Council employees’ excessive vacation and annual leave
balances, underpayments in separation lump-sum pay, overpayments in
overtime compensation, and unrecovered long-outstanding salary
advances, costing the State an estimated net total of $28,311. Our review
was performed on a limited number of transactions only; a more extensive
review may determine that the amount of improper payments is higher
than what we found.
We issued a draft review report on May 3, 2017. Aurora Rezapour,
Director of Human Resources, responded by letter dated May 24, 2017
(Attachment). The Judicial Council did not dispute the findings and
indicated that it has implemented corrective actions for each of the
findings. We will follow up at the next payroll review to ensure that the
corrective actions were adequate and appropriate.
This report is solely for the information and use of the Judicial Council
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 report, which is a matter of public record.
Original signed by
JEFFREY V. BROWNFIELD, CPA
Chief, Division of Audits
June 26, 2017
Views of
Responsible
Officials
Restricted Use
Judicial Council of California Payroll Process Review
-6-
Findings and Recommendations
The Judicial Council lacked adequate segregation of duties within its
payroll transactions unit to ensure that only valid and authorized payroll
transactions are processed. The Judicial Council also failed to implement
other controls to compensate for this risk.
GC sections 13400 through 13407 require state agencies to establish and
maintain internal controls, including proper segregation of duties and an
effective system of internal review. Adequate segregation of duties
reduces the likelihood that fraud or error will remain undetected by
providing for separate processing by different individuals at various stages
of a transaction and for independent reviews of the work performed.
Our review found that the Judicial Council payroll transactions unit staff
performed conflicting duties. The staff performs multiple steps in
processing payroll transactions, including data entry into the State’s
payroll system; auditing employee timesheets; reconciling payroll,
including system output to source documentation; and reporting of payroll
exceptions. For example, the payroll transactions unit staff keys in regular
and overtime pay and reconciles the master payroll, overtime, and other
supplemental warrants. The Judicial Council failed to demonstrate that it
implemented compensating controls to mitigate the risks associated with
such a deficiency. For example, we found no indication that the
supervisors conduct periodic reviews of transactions processed by the
payroll transactions unit staff.
The lack of adequate segregation of duties and compensating controls has
a pervasive effect on the Judicial Council payroll process and impairs the
effectiveness of other controls by rendering their design ineffective or by
keeping them from operating effectively. These control deficiencies, in
combination with other deficiencies discussed in Findings 2 through 6,
represent a material weakness in internal control over the payroll process
such that there is a reasonable possibility that a material misstatement in
financial information or noncompliance with provisions of laws,
regulations, or contracts will not be prevented, or detected and corrected,
on a timely basis.
Recommendation
The Judicial Council should separate conflicting payroll function duties to
the extent possible. Adequate segregation of duties will provide a stronger
system of internal control whereby the functions of each employee are
subject to the review of another. Good internal control practices require
that the following functional duties should be performed by different work
units, or at minimum, by different employees within the same unit:
Recording transactions. This duty refers to the recordkeeping
function, which is accomplished by entering data into a computer
system.
Authorization to execute. This duty refers to process of reviewing and
approving transactions.
FINDING 1—
Inadequate
segregation of
duties and
compensating
controls over
payroll
transactions
Judicial Council of California Payroll Process Review
-7-
Periodic reviews and reconciliation of actual payments to recorded
amounts. This duty refers to making comparisons of information at
regular intervals and taking action to resolve differences.
If it is not possible to segregate payroll functions fully and appropriately
due to specific circumstances, the Judicial Council should implement
compensating controls. For example, if the payroll transactions unit staff
responsible for recordkeeping also performs a reconciliation process, the
supervisor could perform and document a detailed review of the
reconciliation to provide additional control over the assignment of
conflicting functions. Compensating controls may also include dual
authorization requirements and documented reviews of payroll system
input and output.
The Judicial Council should develop formal written procedures for
performing and documenting compensating controls.
The Judicial Council lacked adequate controls to ensure that only
appropriate staff members have keying access to the State’s payroll
system. Of the 12 employees whose records we reviewed, two (17%) had
improper keying access to the system. If not mitigated, this control
deficiency leaves the Judicial Council at risk of misuse, abuse, and
unauthorized use of payroll data.
The SCO maintains the State’s payroll information system. The system is
decentralized, thereby allowing employees of state agencies to access the
system. The PPSD has established a Decentralization Security Program
that all state agencies are required to follow in order to access the payroll
system. The program’s objectives are to secure and protect the
confidentiality and integrity of the data against misuse, abuse, and
unauthorized use.
The Judicial Council had 12 employees with keying access to the State’s
payroll system at various times between January 2012 and December
2014. We reviewed the records of the 12 employees and found that two
did not have their keying access immediately removed or modified
subsequent to change in classification. The two employees had keying
access while appointed as Human Resources Analysts—a classification
other than the two classifications authorized to have keying access. The
employees were provided keying access before becoming analysts;
however, the Judicial Council did not discontinue the employee’s access
after becoming analysts. Also, the Judicial Council did not have the
required written justification to allow the employees to have continued
access as analysts. When we discussed this issue with the human resources
staff at the Judicial Council, the staff stated that they were not aware that
a written justification was required.
The Decentralization Security Program manual states, in part:
The privilege to access the PPSD database poses a significant risk to the
ability for SCO to function. Therefore that privilege is restricted to
persons with a demonstrated need for such access. Currently, . . .
applications are restricted to Personnel Services Specialists (PSS), or
FINDING 2—
Inappropriate
keying access to the
State’s payroll
system
Judicial Council of California Payroll Process Review
-8-
Payroll Technician (PT) classifications because their need is by
definition a function of their specific job duties, and any change in those
duties requires a reevaluation of the need for access. If the employee’s
duties change, such that the need for access no longer exists, the access
privilege MUST be removed or deleted immediately by a request
submitted by the department….
A request for an individual in a classification other than in the PSS/PT
series to access (the payroll system) requires a written justification from
the Personnel/Payroll Officer. The justification must describe the
individual’s specific job duties that require the need to each type of
information…as well as the level of access to that application, in order
to perform their Statutory and/or Constitutional duties.
Recommendation
The Judicial Council’s designated security monitor should periodically
review access to the system to determine that access complies with the
Decentralized Security Program. The Judicial Council should update the
keying access to the payroll system after employees change classifications.
The Judicial Council failed to implement controls to ensure that it adheres
to the state policy that limits the accumulation of vacation and annual leave
credits, resulting in liability for accrued leave credits exceeding the limit
that could cost the State approximately $20,976 as of December 31, 2014.
We expect the liability to increase if the Judicial Council does not take
action to address the excessive vacation and annual leave credits.
State policy limits the amount of vacation and annual leave that its
employees may accumulate to no more than 640 hours. The State uses the
limit on leave balance as a tool to manage leave balances and control the
liability for accrued leave credits.
The Judicial Council’s Personnel Policies and Procedures Manual
section 5.2 states:
Each year, supervisors are expected to develop plans with their
employees for the use of vacation and annual leave. When developing
plans for using vacation and annual leave, supervisors should take into
consideration the operational needs of their units. As vacation and annual
leave continue to accrue each month, plans to reduce leave balances must
include credit that will accrue during the year.
An employee with 640 or more hours of accrued vacation/annual leave
(combined total) on December 31 will not accrue further leave until the
employee’s accrual balance falls below 640 hours. Once below 640
hours, an employee may resume accruing vacation or annual leave
during the remainder of the calendar year, even if the employee’s leave
balance totals 640 or more hours before reaching December 31.
An employee with less than 640 hours of accrued vacation/annual leave
(combined total) on December 31 will continue to accrue vacation or
annual leave through the next calendar year.
FINDING 3—
Inadequate
controls over
vacation and
annual leave
balances, resulting
in liability for
excessive credits
Judicial Council of California Payroll Process Review
-9-
For executive-level employees, the Judicial Council’s policies allow a
maximum accrual of 1,280 hours.
We inquired whether plans were in place to address the excessive vacation
and annual leave credits in accordance with the Judicial Council policies
and procedures. According to the Judicial Council human resources staff,
supervisors are expected to monitor and ensure that their employees leave
usage complies with the Judicial Council’s policies. Each supervisor has
his or her own method of scheduling and approving employees’ leave
requests, and this plan may be verbal or written.
We reviewed the records of 16 employees who had at least 640 hours of
vacation or annual leave balances. The Judicial Council could not
demonstrate for ten of them that it implemented actions, as required by the
policies and procedures, to reduce leave balances. The ten employees
exceeded the limit by more than 350 hours in vacation and annual leave
credits. These excess hours cost approximately $20,976 in liability as of
December 31, 2014.
If the Judicial Council does not take action to reduce the excessive credits,
the liability for accrued vacation and annual leave will likely increase,
because most employees will receive salary increases and additional leave
credits or have other non-compensable leave credits that they can use
instead of vacation or annual leave, increasing their vacation or annual
leave balances. In addition, the state agency responsible for paying these
leave balances may also face a cash flow problem if a significant number
of employees with excessive vacation or annual leave credits separate
from state service. Normally, state agencies are not budgeted to make these
lump-sum payments. However, the State’s current practice dictates that
the state agency that last employed an employee pays for that employee’s
separation lump-sum payment, regardless of where the employee accrued
the leave balance.
Recommendation
The Judicial Council should implement controls, including existing
policies and procedures, to ensure that its employees’ vacation and annual
leave balances are maintained within levels allowed by state and Judicial
Council’s policies. The Judicial Council should conduct ongoing
monitoring of controls to ensure they are implemented and operating
effectively.
If the State offers leave buy-back programs, the Judicial Council should
also participate in such programs if funds are available.
The Judicial Council lacked adequate controls over the processing of
employee separation lump-sum pay. Of 15 employees whose records we
reviewed, two (13%) were underpaid by a total of $1,356. The control
deficiencies also leave the Judicial Council at risk of additional improper
separation lump-sum payments if not mitigated.
FINDING 4—
Inadequate
controls over
employee
separation lump-
sum pay, resulting
in underpayments
Judicial Council of California Payroll Process Review
-10-
State law allows employees to receive cash for accrued eligible leave
credits when separating from state employment. Payroll records indicated
that the Judicial Council had processed separation lump-sum pay for 216
employees between January 2012 and December 2014. We reviewed the
records of 15 selected employees and found that two were underpaid by a
total of $1,356, as shown in the following table:
Leave Hours Estimated Dollar
Amount of
Underpayment Employee Paid Earned Underpaid
A 1,069 1,081 12 $1,129
B 93 101 8 227
Total 1,162 1,182 20 $1,356
Source: State’s payroll system and the Judicial Council’s records.
The underpayments resulted from miscalculation of the employees’
accrued leave credits by the payroll transactions unit staff.
Recommendation
The Judicial Council should conduct a review of employee separation
lump-sum payments made during the past three years to ensure that the
payments are accurate and in compliance with the state law. The Judicial
Council should properly compensate those separated employees who were
underpaid, and recover overpayments made to those who were overpaid in
accordance with GC section 19838 and State Administrative Manual
(SAM) section 8776.6.
The Judicial Council lacked adequate controls over overtime payments.
There was no indication that the processing of the payments was reviewed
by an authorized individual. The control deficiencies leave the Judicial
Council at risk of making additional improper overtime payments if not
mitigated.
Payroll records showed that the Judicial Council paid overtime
compensation to 53 employees between January 2012 and December
2014. We reviewed 16 overtime payments for 12 of these employees. Of
the 16 payments, there was one overpayment of $23, which resulted from
miscalculation of the employees’ overtime hours by the human resources
staff. We found no indication that the processing of the 16 overtime
payments was reviewed by an individual, other than the staff responsible
for keying these transactions into the system, to ensure that payments were
accurate and comply with state law.
GC sections 13402 and 13403 mandated state agencies to establish and
maintain internal controls, including a system of authorization and an
effective system of internal review. State agencies are also responsible for
ensuring that these controls are functioning as prescribed. However, the
Judicial Council lacked adequate controls to ensure that overpayments are
processed accurately and comply with state law.
FINDING 5—
Inadequate
controls over
overtime payments,
resulting in an
overpayment
Judicial Council of California Payroll Process Review
-11-
Recommendation
The Judicial Council should conduct a review of overtime payments
during the past three years to ensure that payments comply with state law.
The Judicial Council should recover overpayments made to employees in
accordance with GC section 19838 and SAM section 8776.6, and properly
compensate those employees who were underpaid.
To prevent improper overtime payments from recurring, the Judicial
Council should establish adequate internal controls to ensure that
payments for overtime payments comply with state law. These controls
should require responsible staff to verify that payment does not exceed the
amount set by state law. The Judicial Council should also provide adequate
oversight to staff responsible for processing the payments.
The Judicial Council lacked adequate controls to ensure salary advances
are recovered in accordance with state law and policies. At November 10,
2014, the Judicial Council had $55,885 in outstanding salary advances,
including $9,260 (17%) that have been outstanding from over 120 days to
10 years. Of the three salary advances we reviewed, two, totaling $5,062,
remained outstanding due to the Judicial Council’s lack of collection
efforts; and one, for $3,606, for which collection was not recorded;
therefore, overstating the salary advance balance. If not corrected, this
control deficiency leaves the Judicial Council at risk of further failures to
collect salary advances and maintain accurate records.
The Judicial Council was not able to provide a list of outstanding salary
advances as of December 31, 2014. SAM section 8776 requires monthly
review and reconciliation of salary advances. The lack of monthly reports
prevents the Judicial Council from performing this review and
reconciliation. For our review purposes, we used the Judicial Council’s list
as of November 10, 2014, as an alternative.
GC section 19838 and SAM section 8776.7 allow the Judicial Council to
collect salary advances in a timely manner. At November 10, 2014, the
Judicial Council had 23 outstanding salary advances totaling $55,885 from
21 individuals. Two individuals had two outstanding salary advances each.
Of the total outstanding balance, $9,260 were at least 120 days old. The
longest outstanding salary advance was 10 years old. Generally, the
prospect of collection diminishes as an account ages. When an agency is
unable to collect after three years, the possibility of collection is remote.
We reviewed three salary advances totaling $8,668, representing 94% of
the salary advances that were outstanding for over 120 days. In the case of
two salary advances totaling $5,062, the Judicial Council could not
demonstrate its collection efforts, if any, due to lack of supporting
documentation. SAM section 8776 requires agencies to maintain proper
records of collection efforts and payment of salary advances. In the case
of the third salary advance, the Judicial Council received the employee’s
warrant in August 2010 but did not record collection; therefore, the total
salary advance balance as of November 10, 2014 was overstated by
$3,606.
FINDING 6—
Inadequate
controls over
salary advances,
resulting in failure
to collect and
maintain accurate
records
Judicial Council of California Payroll Process Review
-12-
The lack of adequate controls over salary advances increases the risk of
financial loss, reduces the likelihood of collection, increases the amount
of resources expended on collection efforts, and negatively impacts cash
flow.
Recommendation
The Judicial Council should ensure that salary advances are recovered in
a timely manner pursuant to GC section 19838 and SAM section 8776.7.
The Judicial Council should maintain documentation of its collection
efforts and payment of salary advances, if any. If all reasonable collection
procedures do not result in payment, the Judicial Council may request
discharge from accountability of uncollectable amounts.
The Judicial Council should also ensure that it maintains accurate and
periodic report of outstanding salary advances.
Judicial Council of California Payroll Process Review
Attachment—
Judicial Council of California’s
Response to Draft Review Report
State Controller’s Office
Division of Audits
Post Office Box 942850
Sacramento, CA 94250-5874
http://www.sco.ca.gov
S15-PAR-9008