Legislature(1999 - 2000)

01/24/2000 09:00 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE FINANCE COMMITTEE                                                                                                        
LOG NOTES                                                                                                                       
01/24/00                                                                                                                        
                                                                                                                                
GENERAL SUBJECT(S):                                                                                                             
Overview: Division of Legislative Audit                                                                                         
Pat Davidson, Legislative Auditor                                                                                               
                                                                                                                                
The following overview was taken in log note format.  Tapes and                                                                 
handouts will be on file with the Senate Finance Committee through the                                                          
21st Legislative Session, contact 465-4935.  After the 21st                                                                     
Legislative session they will be available through the Legislative                                                              
Library at 465-3808.                                                                                                            
                                                                                                                                
Time Meeting Convened:  9:00 AM                                                                                                 
                                                                                                                                
Tape(s):  SFC-00 # 9 Side A                                                                                                     
                                                                                                                                
                                                                                                                                
PRESENT:                                                                                                                        
NOT PRESENT:                                                                                                                    
Senator Parnell                                                                                                                 
Senator P. Kelly                                                                                                                
Senator Torgerson                                                                                                               
Senator Green                                                                                                                   
Senator Leman                                                                                                                   
Senator Phillips                                                                                                                
Senator Wilken                                                                                                                  
Senator Donley                                                                                                                  
Senator Adams                                                                                                                   
                                                                                                                                
                                                                                                                                
ALSO PRESENT:                                                                                                                   
PAT DAVIDSON, DIRECTOR, DIVISION OF LEGISLATIVE AUDIT                                                                           
JIM KELLY, DIVISION OF LEGISLATIVE AUDIT                                                                                        
                                                                                                                                
                                                                                                                                
LOG                                                                                                                             
SPEAKER                                                                                                                         
DISCUSSION                                                                                                                      
0                                                                                                                               
CO-CHAIR PARNELL                                                                                                                
Introduction                                                                                                                    
8                                                                                                                               
PAT DAVIDSON,                                                                                                                   
DIRECTOR, DIVISION                                                                                                              
OF LEGISLATIVE                                                                                                                  
AUDIT                                                                                                                           
Handout: Senate Finance Committee                                                                                               
Overviews, January 24,2000                                                                                                      
                                                                                                                                
This is brief synopsis of most of the                                                                                           
audits we've completed this past year. I'll                                                                                     
hit the highlights of these audits as they                                                                                      
relate to the topics of financial                                                                                               
compliance, performance measures and                                                                                            
operational efficiencies and effectiveness.                                                                                     
                                                                                                                                
Page 2: Department of Administration, State                                                                                     
Of Alaska, Statewide Single Audit for FY98                                                                                      
                                                                                                                                
This is a review of the state's financial                                                                                       
statements. This report contains 37                                                                                             
recommendations, of which 12 were carried                                                                                       
over from the prior year.                                                                                                       
A major concern involves an overexpenditure                                                                                     
of almost $1 million by the Department of                                                                                       
Transportation and Public Utilities from                                                                                        
their maintenance and operations                                                                                                
appropriation. Rather than reduce actual                                                                                        
spending, the department chose not to pay                                                                                       
its State Equipment Fleet bills. This is a                                                                                      
serious problem.                                                                                                                
46                                                                                                                              
CO-CHAIR PARNELL                                                                                                                
Did the Department of Transportation and                                                                                        
Public Utilities submit a written                                                                                               
explanation as part of the audit?                                                                                               
50                                                                                                                              
MS. DAVIDSON                                                                                                                    
Yes.                                                                                                                            
                                                                                                                                
Page 20: Department of Corrections,                                                                                             
Internal Controls over the Offender                                                                                             
Financial Accounting (HOFA) System                                                                                              
                                                                                                                                
A prior 1996 audit made recommendations for                                                                                     
improving the internal controls over the                                                                                        
HOFA system. Since that time there has been                                                                                     
an individual convicted of embezzlement of                                                                                      
HOFA funds. This audit was requested to                                                                                         
again review internal controls.                                                                                                 
We found the internal control system                                                                                            
remains weak and we made eight                                                                                                  
recommendations.                                                                                                                
The department has responded in a positive                                                                                      
and proactive manner. The recommendations                                                                                       
are being implemented.                                                                                                          
73                                                                                                                              
                                                                                                                                
As the legislature discusses missions and                                                                                       
measures for agencies, the following report                                                                                     
highlights some issues that might become                                                                                        
common as agencies develop outcome                                                                                              
measures.                                                                                                                       
                                                                                                                                
Page 12: Department of Health and Social                                                                                        
Services, Division of Alcoholism and Drug                                                                                       
Abuse                                                                                                                           
                                                                                                                                
The purpose of this audit was to review                                                                                         
several aspects of the state's substance                                                                                        
abuse and treatment programs. At the time                                                                                       
of our review, outcome measures had been                                                                                        
identified but complete information on                                                                                          
program results based on these outcome                                                                                          
measures was not yet available.                                                                                                 
From what was available, we found that the                                                                                      
Agency was not monitoring the information                                                                                       
provided nor was the Agency doing follow-                                                                                       
up.                                                                                                                             
Some examples of the breakdown in the                                                                                           
process to collect consistent information                                                                                       
from the primary service providers were (1)                                                                                     
minimum outcomes established in the request                                                                                     
for proposal; (2) either did not completely                                                                                     
address or provide alternative measures in                                                                                      
the providers' response.                                                                                                        
When the providers did provide outcome                                                                                          
measures, the information was typically                                                                                         
incomplete or addressed different measures.                                                                                     
We believe that as the state progresses in                                                                                      
incorporating missions and measures into                                                                                        
the budgetary process, the agencies must                                                                                        
also incorporate these into their grant                                                                                         
process.                                                                                                                        
99                                                                                                                              
                                                                                                                                
Page 11:Department of Health and Social                                                                                         
Services, Division Of Family And Youth                                                                                          
Services Follow-Up                                                                                                              
                                                                                                                                
Over the last few years we have done                                                                                            
several audits on this division focusing on                                                                                     
child protection issues. These reviews have                                                                                     
taken both a macro view of analyzing agency                                                                                     
operations and resource utilization, and a                                                                                      
micro view looking at individual cases.                                                                                         
Recommendations were made to address                                                                                            
problems of social worker training, the                                                                                         
development and implementation of work                                                                                          
measurement tools, a clear and consistent                                                                                       
policy of ranking investigative efforts for                                                                                     
reports of harm, utilization of personal                                                                                        
services funding and improvements and                                                                                           
enhancements needed to the management                                                                                           
information system.                                                                                                             
We are working on another follow-up audit                                                                                       
and expect this will provide an update to                                                                                       
issues raised in previous audits.                                                                                               
122                                                                                                                             
                                                                                                                                
Page 17: Department of Fish and Game, Use                                                                                       
Of Sport Fish Revenues                                                                                                          
                                                                                                                                
Overall we found development projects that                                                                                      
were funded by sport fish revenues did                                                                                          
provide at least some, if not extensive                                                                                         
benefit to the recreational angler.                                                                                             
However, because measurements for sport and                                                                                     
commercial fishing differ, it is impossible                                                                                     
to determine the extent of benefit received                                                                                     
by each competing industry.                                                                                                     
We recommended the department develop a                                                                                         
benefit measurement approach with greater                                                                                       
commonality in order to better identify and                                                                                     
segregate which user groups are benefiting                                                                                      
from a given project, and in the case of                                                                                        
sport fishers, the source of the revenues                                                                                       
being used to fund the projects.                                                                                                
148                                                                                                                             
                                                                                                                                
The remaining audits relate to operational                                                                                      
efficiencies and effectiveness.                                                                                                 
                                                                                                                                
Page 16: Department of Natural Resources,                                                                                       
Matanuska Maid Dairy                                                                                                            
                                                                                                                                
The report found that state ownership could                                                                                     
no longer be justified for the purposes of                                                                                      
(1) its current operational and financial                                                                                       
viability; (2) its corporate operating                                                                                          
practices; (3) its future role as state-                                                                                        
owned asset; and, (4) its future role in                                                                                        
the development of Alaska agriculture.                                                                                          
The Division of Agriculture disagrees. The                                                                                      
division has no plans to sell although                                                                                          
various parties have approached division                                                                                        
with an interest to buy. The division                                                                                           
strongly discourages those inquiring by                                                                                         
stating that any sale of Mat Maid will be                                                                                       
conditioned upon the purchaser's commitment                                                                                     
to continue the facility's operation and                                                                                        
purchase all available Alaskan milk.                                                                                            
169                                                                                                                             
                                                                                                                                
Page 24: Department of Transportation and                                                                                       
Public Utilities, Art In Public Places                                                                                          
                                                                                                                                
This report finds that the program is not                                                                                       
working, as most people believe, primarily                                                                                      
due to operational inefficiencies,                                                                                              
miscommunication between agencies, and a                                                                                        
morass of often-conflicting legal opinions                                                                                      
generated over the years.                                                                                                       
178                                                                                                                             
                                                                                                                                
Page 5: Department of Administration,                                                                                           
Division of Longevity Programs, Alaska                                                                                          
Pioneers' Homes                                                                                                                 
                                                                                                                                
This report found that staffing levels in                                                                                       
the homes are adequate, staff turnover is                                                                                       
below the national average and resident                                                                                         
turnover is low.                                                                                                                
One of the more critical recommendations                                                                                        
addressed concerns regarding the                                                                                                
backgrounds, particularly felony                                                                                                
convictions, of certain employees working                                                                                       
at the homes.                                                                                                                   
The report also recommends contracting out                                                                                      
the pharmacy.                                                                                                                   
189                                                                                                                             
                                                                                                                                
The Division of Legislative Audit also                                                                                          
wrote two audits addressing the former                                                                                          
Department of Community and Regional                                                                                            
Affairs.                                                                                                                        
                                                                                                                                
Page 21: Department of Community and                                                                                            
Regional Affairs, For the Fiscal Year Ended                                                                                     
June 30, 1998                                                                                                                   
And                                                                                                                             
Page 22: Department of Community and                                                                                            
Regional Affairs, Pedro Bay Electrification                                                                                     
Project                                                                                                                         
                                                                                                                                
Both of these audits focus recommendations                                                                                      
to the Division of Energy, which is now                                                                                         
part of the Department of Community and                                                                                         
Economic Development.                                                                                                           
The report identified weaknesses in the                                                                                         
construction management areas as they                                                                                           
manifested in individual projects,                                                                                              
including the Pedro Bay Electrification                                                                                         
Project.                                                                                                                        
The problems included (1) the project                                                                                           
selection process was not adequately                                                                                            
documented, (2) failure to ensure proper                                                                                        
right-of-way easements and delays were                                                                                          
created as a result, (3) an absence of                                                                                          
comprehensive financial records resulting                                                                                       
in a lack of budgetary control.                                                                                                 
The Pedro Bay project was intended to                                                                                           
resolve the community's lime-loss problems.                                                                                     
However, the improvements made by this                                                                                          
project have been slight and the community                                                                                      
continues at a 35 percent lime-loss. The                                                                                        
division has hired a contractor to review                                                                                       
and make recommendations regarding                                                                                              
contracting, purchasing and accounting                                                                                          
policies and procedures. They expect the                                                                                        
new policies and procedures to be                                                                                               
implemented by June 2000.                                                                                                       
216                                                                                                                             
                                                                                                                                
Page 25: Department of Transportation and                                                                                       
Public Utilities, Homer Gravel Roads                                                                                            
Project                                                                                                                         
                                                                                                                                
This report addressed whether the                                                                                               
department reasonably managed these                                                                                             
projects in accordance with statutes,                                                                                           
regulations, contract provisions and                                                                                            
internal policies and procedures. The                                                                                           
report also addressed a complaint made by a                                                                                     
department employee.                                                                                                            
We concluded that many of these complaints                                                                                      
had merit. However, just because it was                                                                                         
found that some of the material was out of                                                                                      
specification and the geotextile fabric was                                                                                     
torn, it did not mean that the roads would                                                                                      
prematurely fail. In fact, four years after                                                                                     
completion, the roads are holding up well.                                                                                      
We identified the following weaknesses in                                                                                       
the management of the construction process,                                                                                     
(1) out-of-specification material accepted                                                                                      
by the department; (2) change orders were                                                                                       
frequently issued after completion of the                                                                                       
work; and, (3) some contractors were given                                                                                      
too much control over the projects.                                                                                             
With regard to the Homer Gravel Roads                                                                                           
project in particular, we found the                                                                                             
following. (1) Haul of out-of-specification                                                                                     
material was not effectively halted until                                                                                       
the Federal Highway Administration                                                                                              
threatened funding. (2) The hiring process                                                                                      
used to hire a consultant to review this                                                                                        
project was flawed, making independence                                                                                         
questionable. (3) The Department of Law may                                                                                     
have violated the State Personnel Act by                                                                                        
releasing consultant's report. (4) The                                                                                          
extended administrative leave given to the                                                                                      
employee who filed the complaint was                                                                                            
reasonable under the circumstances.                                                                                             
244                                                                                                                             
CO-CHAIR PARNELL                                                                                                                
Of the issues you raised, which two or                                                                                          
three should the Committee pay most                                                                                             
attention to regarding follow-up?                                                                                               
251                                                                                                                             
Ms. Davidson                                                                                                                    
Because this is a finance committee, the                                                                                        
statewide single audit issues should                                                                                            
receive the most attention. Your attention                                                                                      
should improve the agencies efforts in                                                                                          
following the recommendations.                                                                                                  
Also, the Committee should watch the                                                                                            
alcohol and drug abuse program because of                                                                                       
the "missions and measures" issue.                                                                                              
Important for department to follow-up with                                                                                      
providers.                                                                                                                      
268                                                                                                                             
CO-CHAIR PARNELL                                                                                                                
Expect the budget subcommittees will review                                                                                     
past audits for oversight and compliance.                                                                                       
274                                                                                                                             
SENATOR LEMAN                                                                                                                   
Are efforts made to hold responsible                                                                                            
parties accountable? Do we fire employees                                                                                       
or seek recovery from contractors?                                                                                              
282                                                                                                                             
Ms. Davidson                                                                                                                    
It depends on the circumstance and the                                                                                          
agency's willingness to accept                                                                                                  
responsibility. With regard to the Homer                                                                                        
project, if the department finds large                                                                                          
dollar amounts involved with the below-spec                                                                                     
materials, they probably will seek                                                                                              
reimbursement from the contractors.                                                                                             
In situations involving smaller dollar                                                                                          
amounts, the agencies often don't press the                                                                                     
issue.                                                                                                                          
297                                                                                                                             
SENATOR LEMAN                                                                                                                   
Having done similar work to that of the                                                                                         
Homer project, I've learned that some local                                                                                     
pits just cannot produce materials that                                                                                         
meet the specifications, but are still                                                                                          
acceptable. Depending on the details, the                                                                                       
problem may or may not be significant.                                                                                          
I'm concerned with significant allegations                                                                                      
like the Pedro Bay project where deals were                                                                                     
cut and the work simply didn't get done.                                                                                        
I'm concerned that responsibility has not                                                                                       
been taken in a situation like this where                                                                                       
there is mismanagement.                                                                                                         
314                                                                                                                             
MS. DAVIDSON                                                                                                                    
The problems with the Division of Energy                                                                                        
are significant.                                                                                                                
Addressing individual problems is difficult                                                                                     
and it is necessary to implement systematic                                                                                     
change.                                                                                                                         
319                                                                                                                             
SENATOR LEMAN                                                                                                                   
I agree.                                                                                                                        
321                                                                                                                             
CO-CHAIR TORGERSON                                                                                                              
Page 10: Department of Education, Lower                                                                                         
Yukon School District, Selected Issues                                                                                          
                                                                                                                                
This audit addressed training sessions held                                                                                     
in San Diego, CA. Do you know what a                                                                                            
"Formula 3" reading program covers, who was                                                                                     
invited to the training session, how and if                                                                                     
the Department of Education and Early                                                                                           
Development approved the training and how                                                                                       
much did it cost?                                                                                                               
330                                                                                                                             
MS. DAVIDSON                                                                                                                    
Formula 3 was a federal grant that the                                                                                          
school district applied for. The grant                                                                                          
proposal identified that the training was                                                                                       
going to be held out of state. The teachers                                                                                     
some administrators in the school district                                                                                      
attended the training.                                                                                                          
337                                                                                                                             
JIM GRIFFIN, AUDIT                                                                                                              
MANAGER, DIVISION                                                                                                               
OF LEGISLATIVE                                                                                                                  
AUDIT                                                                                                                           
[speaking out of microphone range)                                                                                              
                                                                                                                                
338                                                                                                                             
MS. DAVIDSON                                                                                                                    
And school board members.                                                                                                       
340                                                                                                                             
CO-CHAIR TORGERSON                                                                                                              
Do you remember the cost?                                                                                                       
344                                                                                                                             
MS. DAVIDSON                                                                                                                    
I'll have to get back to you on the exact                                                                                       
cost.                                                                                                                           
345                                                                                                                             
CO-CHAIR TORGERSON                                                                                                              
As I understand the situation, the                                                                                              
Administration put together a grant                                                                                             
proposal to take existing teachers, staff                                                                                       
and school board members of the Lower Yukon                                                                                     
School District and train them in San Diego                                                                                     
and the state board of education approved                                                                                       
that grant.                                                                                                                     
Request more detailed information on the                                                                                        
exact cost.                                                                                                                     
347                                                                                                                             
SENATOR ADAMS                                                                                                                   
Would this be similar to legislators                                                                                            
traveling to San Francisco next weekend for                                                                                     
a meeting with Callan Associates? Is it                                                                                         
also similar to a legislature traveling to                                                                                      
Maui to see how another legislature                                                                                             
operates?                                                                                                                       
351                                                                                                                             
MS. DAVIDSON                                                                                                                    
This training took place in the summer when                                                                                     
many of the teachers were not actually in                                                                                       
Mountain Village and it was determined San                                                                                      
Diego was a location readily available for                                                                                      
much of the staff.                                                                                                              
356                                                                                                                             
SENATOR ADAMS                                                                                                                   
Was this paid for with federal funding and                                                                                      
did the teachers attend training on their                                                                                       
own time?                                                                                                                       
358                                                                                                                             
MS. DAVIDSON                                                                                                                    
                                                                                                                                
359                                                                                                                             
MR. GRIFFIN                                                                                                                     
The school district received a federal                                                                                          
grant to train teachers and implement the                                                                                       
Formula 3 program, which they applied for                                                                                       
directly to the federal government. In                                                                                          
order to provide training to go along with                                                                                      
the program, they got separate grants under                                                                                     
the Migrant Education Program through the                                                                                       
Department of Education and Early                                                                                               
Development that was also federal funds.                                                                                        
Yes, the Department of Education and Early                                                                                      
Development knew about the training because                                                                                     
it was in the grant proposal submitted to                                                                                       
the department.                                                                                                                 
The funds used were the districts.                                                                                              
375                                                                                                                             
CO-CHAIR TORGERSON                                                                                                              
Disagreed with the comparison to anyone                                                                                         
attending a pre-determined, pre-called                                                                                          
meeting.                                                                                                                        
Was this meeting only for teachers in the                                                                                       
Lower Yukon School District or was it a                                                                                         
national meeting held for all school                                                                                            
districts and open to anyone to study                                                                                           
Formula 3? Were other districts involved in                                                                                     
going to San Diego?                                                                                                             
382                                                                                                                             
MR. GRIFFIN                                                                                                                     
No, it was just the school district                                                                                             
personal that attended. The previous year's                                                                                     
training was originally scheduled in                                                                                            
Vancouver British Columbia. However, the                                                                                        
new superintendent cancelled that meeting                                                                                       
and held training in Mountain Village prior                                                                                     
to the beginning of school.                                                                                                     
389                                                                                                                             
CO-CHAIR TORGERSON                                                                                                              
That is how I interpreted it rather than                                                                                        
comparing it to a national meeting attended                                                                                     
by those with similar interest in a                                                                                             
subject.                                                                                                                        
Most of these meetings are held in resort                                                                                       
towns because of expense.                                                                                                       
Did I hear you say that a determination was                                                                                     
made that San Diego was a central location                                                                                      
for school district employees?                                                                                                  
399                                                                                                                             
MS. DAVIDSON                                                                                                                    
Clarify. Many of the teachers were not                                                                                          
living in Mountain Village during the                                                                                           
summer while school was in recess. Several                                                                                      
were in the Lower 48.                                                                                                           
403                                                                                                                             
CO-CHAIR TORGERSON                                                                                                              
Is this standard practice for the                                                                                               
Department of Education and Early                                                                                               
Development to review out of state                                                                                              
training?                                                                                                                       
407                                                                                                                             
MS. DAVIDSON                                                                                                                    
                                                                                                                                
409                                                                                                                             
SENATOR WILKEN                                                                                                                  
Page 18: Department of Environmental                                                                                            
Conservation, Division of Facility                                                                                              
Construction and Operation Village Safe                                                                                         
Water Program                                                                                                                   
                                                                                                                                
I've found that there is a lot of money                                                                                         
spent on this program. We cannot tell what                                                                                      
has been done, what work is planned and how                                                                                     
money is to be spent.                                                                                                           
This report's recommendation for a                                                                                              
statewide inventory is similar to an                                                                                            
oversight I found last year.                                                                                                    
What happens now to push compliance with                                                                                        
the audit's recommendations? Do we do that                                                                                      
or does someone else?                                                                                                           
424                                                                                                                             
CO-CHAIR PARNELL                                                                                                                
It starts in this Committee. We address the                                                                                     
matter using two avenues: the capital                                                                                           
budget appropriation and the operating                                                                                          
budget subcommittee.                                                                                                            
427                                                                                                                             
SENATOR WILKEN                                                                                                                  
So this Committee decides which                                                                                                 
recommendations to work on and which not to                                                                                     
work on?                                                                                                                        
428                                                                                                                             
CO-CHAIR PARNELL                                                                                                                
No, according to the recommendation, the                                                                                        
agency should create a statewide inventory.                                                                                     
Our role is to ensure that happens through                                                                                      
appropriations.                                                                                                                 
432                                                                                                                             
SENATOR ADAMS                                                                                                                   
I Agree. We should have the Department of                                                                                       
Environmental Conservation present us with                                                                                      
a report.                                                                                                                       
A spicket in the middle of town does not                                                                                        
constitute plumbing for the entire                                                                                              
community.                                                                                                                      
439                                                                                                                             
CO-CHAIR PARNELL                                                                                                                
Conclusion.                                                                                                                     
440                                                                                                                             
                                                                                                                                
Adjourn 9:31 AM                                                                                                                 
                                                                                                                                
SENATE FINANCE COMMITTEE                                                                                                        
LOG NOTES                                                                                                                       

01/24/00 Page 9

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