Funding of Constitutional Officers - Virginia Joint Legislative Audit ...
Funding of Constitutional Officers - Virginia Joint Legislative Audit ...
Funding of Constitutional Officers - Virginia Joint Legislative Audit ...
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expertise, level <strong>of</strong> automation, nature <strong>of</strong> work, population served, duties performed<br />
and support by the locality. These differences simply do not allow anyone formula to<br />
address the multiple variances found in the 640 constitutional <strong>of</strong>fices across the<br />
Commonwealth."<br />
The Compensation Board appears to overstate the differences between <strong>of</strong>fices,<br />
and does not recognize that most <strong>of</strong>the functions performed by the <strong>of</strong>ficers are set out<br />
in statute. Nonetheless, JLARC staff agree that there is some variation across the<br />
<strong>of</strong>fices, and that the task <strong>of</strong> allocating positions to the <strong>of</strong>fices is therefore complex.<br />
JLARC staff disagree with the Compensation Board on the relative potential for<br />
staffing standards, as compared to subjective decision-making, to address this complex<br />
task.<br />
The Compensation Board's position appears to be rooted in a very narrow<br />
view <strong>of</strong> what the staffing standards can include. For example, the Compensation<br />
Board response argues against a reliance on staffing standards by arguing against the<br />
use <strong>of</strong>"any one formula" to address the differences between <strong>of</strong>fices. However, there is<br />
no arbitrary limit on the number <strong>of</strong> factors that can be tested or taken into account<br />
using staffing standards. For example, for clerks <strong>of</strong> court, the staffing standards<br />
developed by JLARC staff do not consist <strong>of</strong> "anyone formula," but four pages <strong>of</strong><br />
formulas that reflect research conducted on the effects <strong>of</strong> 24 different factors on<br />
staffing, conducted within 13 different service categories and for four different clusters<br />
<strong>of</strong><strong>of</strong>fices based on locality size. And there is always room to test additional factors, and<br />
to include new factors in the standards that are supported by the data.<br />
The Compensation Board response does discuss some factors, such as the<br />
existence <strong>of</strong> local funding for positions, that may affect State decision-making on the<br />
allocation <strong>of</strong>positions but are outside <strong>of</strong>the scope <strong>of</strong> staffing standards. Although the<br />
Compensation Board response does not make the point, it should be made clear that<br />
the Compensation Board could also specify the criteria that would be used for making<br />
adjustments to the numbers produced by the standards, instead <strong>of</strong> using subjective<br />
case-by-case judgement.<br />
It COMMONWEALTH'S ATTORNEY STAFFING<br />
The Compensation Board critiques the JLARC analysis <strong>of</strong> Commonwealth's<br />
attorneys, stating: the "analysis uses population and Uniform Crime Index statistics to<br />
project caseload. However, the Uniform Crime Index is a very poor means <strong>of</strong>comparing<br />
caseload in a prosecutor's <strong>of</strong>fice."<br />
The JLARC analysis does not project caseload through the use <strong>of</strong>population<br />
and the crime index. Regression analysis was employed in the study to examine the<br />
relationship between workload indicators and how much time is spent performing<br />
various services in Commonwealth's attorney <strong>of</strong>fices. In this analysis, the staffs<br />
finding was that a relationship exists between per capita stafftime spent on prosecution<br />
and both the local crime rate and local population as an economy <strong>of</strong> scale factor.<br />
98