OVERTIME AND COMPENSATORY TIME
OVERTIME AND COMPENSATORY TIME - Northampton County
OVERTIME AND COMPENSATORY TIME - Northampton County
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Audit Report<br />
County Controller<br />
Stephen J. Barron, Jr., CFE<br />
Audit Manager<br />
Frank S. Kedl, CIA<br />
<strong>OVER<strong>TIME</strong></strong> <strong>AND</strong><br />
<strong>COMPENSATORY</strong><br />
<strong>TIME</strong><br />
As of December 31, 2008<br />
Solicitor<br />
Timothy P. Brennan, Esq.<br />
County Executive<br />
John Stoffa<br />
County Council<br />
Ann McHale, President<br />
J. Michael Dowd, Vice-President<br />
Ron Angle<br />
Joseph H. Capozzolo<br />
John Cusick<br />
Charles M. Dertinger<br />
Margaret Ferraro<br />
Lamont G. McClure, Esq.<br />
Gerald E. Seyfried<br />
Office of the Controller<br />
County of Northampton<br />
Pennsylvania
STEPHEN J. BARRON, JR., CFE<br />
FRANK S. KEDL, CIA<br />
Audit Manager<br />
TIMOTHY P. BRENNAN, ESQ.<br />
Solicitor<br />
CONTROLLER OF NORTHAMPTON COUNTY<br />
NORTHAMPTON COUNTY COURTHOUSE<br />
669 WASHINGTON STREET<br />
EASTON, PENNSYLVANIA 18042<br />
PHONE (610) 559-3186<br />
FAX (610) 559-3137<br />
November 6, 2009<br />
Members of the Northampton County Council<br />
John Stoffa, County Executive<br />
County of Northampton, Pennsylvania<br />
We have completed an audit of Overtime and Compensatory Time as of December 31, 2008.<br />
The Executive Summary on page 1 summarizes the audit results and identifies opportunities for<br />
improvement, while the Audit Results section provides a detailed explanation.<br />
We acknowledge the cooperation and assistance we received from the various County<br />
Departments. Their help was essential to the performance of this audit.<br />
Our report was discussed with management at our exit conference on October 21, 2009.<br />
Management’s response is included in the Audit Results section of the report.<br />
Very truly yours,<br />
Stephen J. Barron, Jr., CFE<br />
County Controller<br />
Kathleen A. Kuzma, CPA<br />
Lead Auditor
Table of Contents<br />
PAGE<br />
EXECUTIVE SUMMARY - OPPORTUNITIES FOR IMPROVEMENT.................1<br />
INTRODUCTION .............................................................................................................2<br />
PURPOSE <strong>AND</strong> SCOPE ..................................................................................................3<br />
METHODOLOGY ............................................................................................................3<br />
AUDIT RESULTS .............................................................................................................4<br />
Section A – Reporting on Overtime Information<br />
1. Recalculation of Overtime..........................................................................................................4<br />
2. Overtime Statistics by Department ...........................................................................................6<br />
3. Compensatory Time....................................................................................................................8<br />
4. Cost of Hiring New Employees ..................................................................................................9<br />
Section B – Internal Controls<br />
1. Retaining Proper Documentation............................................................................................11<br />
2. Payroll Errors............................................................................................................................12<br />
Section C – Compliance<br />
1. Release Time Pay Code.............................................................................................................14<br />
2. Monitoring Compensatory Time .............................................................................................16<br />
Policies that Boost Overtime Costs........................................................................................18<br />
Attachment 1: Salary Analysis – Prison.………………………………………………20<br />
Attachment 2: Salary Analysis – Gracedale…………………………………………...21
EXECUTIVE SUMMARY - OPPORTUNITIES FOR IMPROVEMENT<br />
The following is a summary of the content of the enclosed report. See report references noted<br />
below for full detail.<br />
Section A - Reporting on Overtime Information<br />
1. County Administration made significant changes in the grouping and financial reporting<br />
of certain pay codes affecting overtime expenditures. These changes should be noted<br />
when dealing with reports for years prior to 2008. (Section A-1, page 4)<br />
2. Overtime in most departments is relatively contained with the exception of the Prison<br />
and the Sheriff’s Department. Overtime at the Prison is the highest while the Sheriff<br />
Department’s overtime is the fastest growing among County departments. (Section A-2,<br />
page 6)<br />
3. The County’s comp time was reviewed for a 5 year period. Overall, comp time hours<br />
earned and paid have increased significantly over the years. The cost benefit of this<br />
option must be weighed against the staffing demands to ensure that it does not drive up<br />
the cost of overtime for other employees. (Section A-3, page 8)<br />
4. Our analysis revealed that there is a potential for cost savings by hiring new employees<br />
when there is a high enough volume of overtime for the department within job positions.<br />
Actual savings is dependent on many factors, however. The County would benefit from<br />
doing further analysis. (Section A-4, page 9)<br />
Section B - Internal Controls<br />
1. To be in compliance with the County Records Manual and to have the necessary<br />
documentation available to verify actual time worked, the Prison should be retaining their<br />
records for three years. (Section B-1, page 11)<br />
2. The County should seek reimbursement of overpayments of wages due to payroll errors.<br />
Proper implementation and use of scheduling software as well as the swipe card system<br />
at the Prison has the potential to alleviate their payroll errors. (Section B-2, page 12)<br />
Section C - Compliance<br />
1. Creating a pay code for Release Time with the appropriate payroll rules will allow for<br />
proper recording and subsequent monitoring by supervisors. (Section C-1, page 14)<br />
2. A policy should be put in place for comp time monitoring. Comp time should be<br />
recorded in compliance with the Employee Policies Manual to allow for proper<br />
monitoring by supervisors. (Section C-2, page 16)<br />
1
INTRODUCTION<br />
The country is currently in a state of shrinking revenues and escalating<br />
expenditures. During times like these, overtime can become an increasing<br />
concern to many organizations. As with any organization, good management<br />
practices require that overtime be managed in the most cost-effective manner<br />
possible. Overtime is a balance between meeting the needs of the organization,<br />
addressing appropriate staffing levels, and assigning staff to work the necessary<br />
overtime.<br />
The County adheres to the Fair Labor Standards Act originally enacted in 1938<br />
and has written Personnel Policies and collective bargaining agreements with<br />
those Federal guidelines in mind. Employees are compensated for their overtime<br />
by payment, usually at a premium rate, or by authorized time off in lieu of<br />
payment where specifically allowed.<br />
The County is currently in the process of implementing the SunGard financial,<br />
procurement and human resource/payroll software. This is the perfect<br />
opportunity to step back and analyze the current systems in an effort to improve<br />
upon the current limitations in processing payroll transactions.<br />
The Controller’s Office previously performed an audit of overtime and<br />
compensatory time dated August 15, 1996 for the calendar year 1995 and six<br />
months ended June 30, 1996. With a workforce of approximately 1,800 full and<br />
part-time employees encompassing 3 collective bargaining units, civil service and<br />
career service employees, total overtime costs amounted to $1,781,000 and<br />
$1,069,000, respectively. At that time, it was determined that an increased work<br />
force was not a viable option for reducing overtime due to the high cost of<br />
benefits.<br />
As of December 31, 2008, the County’s workforce was comprised of 2,152 full<br />
and part-time employees encompassing 11 collective bargaining units, civil<br />
service and career service employees with total overtime costs of $3,596,650 (as<br />
restated). The continual rise in overtime hours and the costs associated with<br />
overtime pay create a need to explore once again the cost benefits of hiring new<br />
employees versus current employees working overtime hours.<br />
2
PURPOSE <strong>AND</strong> SCOPE<br />
The purpose of the audit was to:<br />
• determine if overtime is assigned and paid and comp time is assigned,<br />
accrued and used in accordance with County Policies and<br />
Procedures, Collective Bargaining Agreements and other laws and<br />
regulations to safeguard against the potential for abuse,<br />
• determine if overtime and comp time are managed economically and<br />
effectively, and<br />
• report on overtime and comp time paid.<br />
Detailed transactions for various departments were tested for the year ended<br />
December 31, 2008 for the pay periods ending June 28 and September 20,<br />
2008. Various financial data were compiled for calendar years 2004 through<br />
2008. This audit did not examine whether departments/divisions were properly<br />
staffed to carry out their mission.<br />
METHODOLOGY<br />
Our methodology included:<br />
• Determining overtime and comp time policies based on County<br />
Personnel Policies and Procedures, Collective Bargaining<br />
Agreements and the Fair Labor Standards Act (FLSA).<br />
• Selecting departments and position titles for testing, conducting<br />
interviews with appropriate County personnel to gain an<br />
understanding of the payroll process, and then conducting audit tests<br />
on samples selected.<br />
• Compiling and analyzing financial data for overtime and comp time<br />
expenditures.<br />
• Benchmarking with other governmental organizations.<br />
We conducted this performance audit in accordance with generally accepted<br />
government auditing standards. Those standards require that we plan and<br />
perform the audit to obtain sufficient, appropriate evidence to provide a<br />
reasonable basis for our findings and conclusions based on our audit objectives.<br />
We believe that the evidence obtained provides a reasonable basis for our<br />
findings and conclusions based on our audit objectives.<br />
3
AUDIT RESULTS<br />
Section A – Reporting on Overtime Information<br />
1. Recalculation of Overtime<br />
OBSERVATION<br />
Effective January 1, 2008, the County Administration decided to make significant<br />
changes in the reporting of certain pay codes to more accurately depict financial<br />
statement presentation with actual time worked. Certain pay codes previously<br />
grouped and reported as overtime wages were reclassified to regular wages and<br />
removed from overtime reporting. This reclassification resulted in a significant<br />
reduction in overtime costs per the financial statements. Comparative analysis of<br />
financial data in Bi-Tech and County financial statements could be misleading<br />
since previous year’s data have not been restated.<br />
Salary information was obtained from the Lawson payroll system and verified for<br />
accuracy to the County financial statements. Pay codes currently classified as<br />
overtime wages and posted to Bi-Tech account # 50050 were compiled for the<br />
period 2004 through 2008. For comparative purposes, the restatement with<br />
corresponding year to year increases of overtime are listed below. Overall for<br />
the period, Northampton County had an increase in overtime costs of 76.1%.<br />
Overtime As<br />
YEAR<br />
Overtime As Originally<br />
Reported in County<br />
Financial Statements<br />
Restated for Change<br />
to Pay Code<br />
Groupings<br />
Effective 1/1/08<br />
2004 4,182,703 2,042,416<br />
4<br />
% Increase in<br />
OT from<br />
Year to Year<br />
(Restated)<br />
2005 5,055,956 2,699,290 32.16%<br />
2006 5,795,004 3,170,758 17.47%<br />
2007 5,642,525 3,142,679 -0.89%<br />
2008 ** 3,590,385 3,596,650 14.45%<br />
** This is the first year the financial statements reflected the change in payroll code groupings. The amount per<br />
the financial statement reflects adjustments and expenditure credits and hence will be lower than the<br />
amounts actually paid for overtime.<br />
RECOMMENDATION<br />
The Fiscal Affairs Department prepares several overtime reports for<br />
management’s and Council’s review. The above change in pay code groupings<br />
should be noted when dealing with reports for years prior to 2008.
MANAGEMENT RESPONSE<br />
Victor Mazziotti, Director, Fiscal Affairs<br />
Fiscal Affairs will provide such a note on all future reports prepared by our<br />
Department.<br />
5
2. Overtime Statistics by Department<br />
OBSERVATION<br />
In order to gain a better understanding of the departments and their overtime<br />
costs, analysis was performed to determine total salaries, overtime (as restated)<br />
and the percentage of overtime to total salaries. The five year averages for the<br />
period 2004 through 2008 are scheduled below:<br />
Avg. Salaries Avg. Overtime % Overtime to Salary<br />
Gracedale 25,334,768 875,829 3.46%<br />
Prison 10,093,140 1,513,684 15.00% ^^<br />
Sheriff 2,205,201 64,259 2.91% **<br />
All Other Depts. 34,427,238 476,587 1.38%<br />
Totals $ 72,060,347 $ 2,930,359 4.07%<br />
^^ The percentage of overtime to salaries was 13.31% for 2008 and 12.2% for year-to-date<br />
9/30/09.<br />
** The percentage of overtime to salaries was 4.09% for 2008 and 7.6% for year-to-date 9/30/09.<br />
From this analysis, it can be seen that overtime in most departments is relatively<br />
contained, including the largest round-the-clock operation at the County –<br />
Gracedale. But, overtime costs in the Sheriff’s Department are rapidly on the rise<br />
and the Prison overtime ranks the highest among all County departments.<br />
Research was done with regard to overtime at other Prison facilities. For those<br />
institutions that provided data for 2008, overtime as a percentage of total salaries<br />
ranged between 7.0% and 9.5%. The Northampton County Prison overtime is<br />
significantly higher than at other Prisons. Overtime at the Prison is mainly the<br />
result of covering absences from leave time and weekend shifts which are<br />
typically only at minimum staffing.<br />
The Prison has made some progress in reducing overtime due to factors such as<br />
staffing issues from sick leave by offering the no-sick stipend. This comes at a<br />
price, however, and further analysis on the relationship of this stipend to overtime<br />
would have to be performed to determine the overall impact on reducing<br />
overtime. Many factors play a part in regard to staffing issues.<br />
Overtime costs in the Sheriff’s Department are rapidly on the rise. This is an<br />
area that could see the largest increase in overtime costs over the course of the<br />
year. Provisions in the collective bargaining agreement and a shift in<br />
responsibilities have contributed to the rise in overtime. Sheriff Deputies are now<br />
required to cover inmate hospital visits; a job that was previously handled by the<br />
Prison. In addition, the Deputy Sheriff Association collective bargaining<br />
agreement (signed in August 2008, effective shortly thereafter, and expires in<br />
2010) Article XI, Officer Safety, requires that “. . . all work assignments shall be<br />
scheduled and performed by a minimum and constant staffing of two (2) sworn,<br />
certified, Deputy Sheriffs at all times” except under limited low risk<br />
circumstances. Another provision in the collective bargaining agreement that is<br />
contributing to overtime costs is Article XXIX Hours of Work/Overtime, “Any<br />
change in the work schedule with less than ten (10) calendar days notice which<br />
6
esults in an employee working at a time when he/she has not been regularly<br />
scheduled for work, the employee shall be paid at time and a half (1.5) for all<br />
hours worked outside of his/her regular schedule.”<br />
RECOMMENDATION<br />
Overtime at the Prison and in the Sheriff’s Department are areas that warrant<br />
further analysis with regard to staffing requirements, total annual manpower<br />
hours needed, scheduling needs due to leave time, and the optimal staffing ratio<br />
in an effort to reduce overtime hours and minimize costs. An analysis of costs to<br />
hire new employees is detailed in the following section of this audit report (item<br />
#4) for additional information and further consideration in the performance of<br />
these department reviews.<br />
MANAGEMENT RESPONSE<br />
John Stoffa, County Executive<br />
A committee will be put together to look at overtime and trends within the County.<br />
We will look to use the group to come up with ways to lower overtime. The<br />
committee will be put together with representatives from the affected groups and<br />
organized by Vic Mazziotti.<br />
Connie Sutton-Falk, Director, Human Resources<br />
I agree.<br />
7
3. Compensatory Time<br />
OBSERVATION<br />
Per the Employee Policies Manual, “The County reserves the right to offer<br />
compensatory time off in lieu of paid overtime (commonly referred to as Comp.<br />
Time) and the employee retains the right to refuse compensatory time off in lieu<br />
of paid overtime.” Most collective bargaining agreements have provisions that<br />
allow their members to opt for comp time instead of paid overtime.<br />
The County’s comp time was reviewed for a 5 year period and is scheduled<br />
below. Overall, comp time hours earned based on time and one half of hours<br />
worked increased 128.1%. The actual amounts paid for the period increased<br />
75.7%.<br />
Year<br />
Comp Time Earned<br />
@ Time and One Half<br />
- Hours<br />
Amounts Paid –<br />
Dollars<br />
2004 3,512 164,437<br />
2005 3,300 185,395<br />
2006 3,312 159,346<br />
2007 6,220 240,811<br />
2008 8,009 288,924<br />
Totals 24,351 $ 1,038,913<br />
Nothing came to our attention with the areas that we tested to suggest that comp<br />
time was a major contributing factor to the increase in overtime since most areas<br />
that had higher overtime were not areas in which comp time was an option for<br />
the employees. The subject of comp time will also be addressed again later in<br />
this report.<br />
RECOMMENDATION<br />
Since more employees continue to take advantage of comp time in lieu of<br />
overtime pay, the cost benefit of this option should be weighed against the<br />
individual department’s staffing demands to ensure that when comp time is<br />
taken, it does not drive up the cost of overtime for other employees to fill the<br />
staffing gap. The County should continue to monitor comp time usage. Where<br />
possible, this should be a consideration of the supervisors in the various<br />
departments for whether or not to allow comp time to be earned in lieu of<br />
overtime wages.<br />
MANAGEMENT RESPONSE<br />
Connie Sutton-Falk, Director, Human Resources<br />
I agree.<br />
8
4. Cost of Hiring New Employees<br />
OBSERVATION<br />
There has been a common belief that because of the high cost of benefits, it is<br />
less costly for the current employees to work the necessary overtime rather than<br />
hire new employees. An analysis was performed on a few select positions taking<br />
into consideration the costs for current employees for 2008 and the overtime<br />
worked and then comparing that to hiring a new employee to work this overtime.<br />
The average cost of employee benefits for health insurance, life insurance and<br />
retirement costs for each employee is $13,120 and $16,116 for 2008 and 2009<br />
respectively. Social Security and Medicare costs of 7.65% of wages paid and<br />
worker’s compensation insurance costs (range from .31% to 4.85% for 2008 and<br />
.5% to 6.9% for 2009 on total wages paid) must be added to the above employee<br />
benefits’ cost to arrive at the total cost of hiring employees. The Social Security<br />
and Medicare costs along with the worker’s compensation insurance costs are<br />
calculated on all wages paid and continue as an expense on overtime wages<br />
paid.<br />
Analysis revealed that there is a potential for cost savings by hiring new<br />
employees in situations where there is a high enough volume of overtime in total<br />
for the department within job positions in department such as the Prison, the<br />
Sheriff’s Department and possibly Gracedale. This actual savings is dependent<br />
on many factors among which are the status of department vacancies, ability to<br />
fill vacancies, current staffing requirements, necessity and ability to fill daily voids<br />
due to staff leave time taken, the actual overtime that will be required, and the<br />
current level of staff seniority.<br />
Specific employees from the Prison and Gracedale who were among the top<br />
wage earners for 2008 and their actual overtime hours were analyzed. In the<br />
case of the Prison employee, enough overtime hours were worked to justify<br />
hiring another employee at a potential cost savings of up to $26,600. See<br />
Attachment 1, page 20. In the case of the Gracedale employee, overtime worked<br />
did not justify hiring another employee. However, if there were 2 current<br />
employees in the same position at Gracedale with similar overtime hours to the<br />
individual in our analysis, it would have presented a situation in which hiring an<br />
employee to work the overtime of those 2 employees could have saved the<br />
County up to $43,933. See Attachment 2, page 21.<br />
RECOMMENDATION<br />
It would benefit the County to take a look at the departments with the highest<br />
volume of overtime hours to determine the exact savings that could occur with a<br />
redistribution of staffing and hiring new employees.<br />
MANAGEMENT RESPONSE<br />
John Stoffa, County Executive<br />
9
A committee will be put together to look at overtime and trends within the County.<br />
We will look to use the group to come up with ways to lower overtime. The<br />
committee will be put together with representatives from the affected groups and<br />
organized by Vic Mazziotti.<br />
Connie Sutton-Falk, Director, Human Resources<br />
While Human Resources plays no role in determination of the amount of<br />
overtime or staffing levels in each department because this is a budgetary<br />
matter, I concur that you reach a breakeven point of whether to pay overtime or<br />
hire more staff. I also suggest that the County look into hiring more part time<br />
relief workers.<br />
Marvin Granda, Gracedale Administrator<br />
Gracedale agrees that certain initiatives could be instituted that could potentially<br />
save on overtime and nursing pool costs.<br />
10
Section B – Internal Controls<br />
1. Retaining Proper Documentation<br />
OBSERVATION<br />
Documentation is the process of creating a record that provides evidence,<br />
information or proof of a transaction. Records that document certain time earned<br />
and taken such as Holiday, Vacation, Flex Time and Overtime are completed<br />
daily by certain Prison employees and approved by their supervisors as<br />
evidenced by the supervisor’s signature. These forms are then used to record<br />
payroll exception items. This documentation has been destroyed by the Prison<br />
for 2008.<br />
Per the County Records Manual published by the Pennsylvania State Archives<br />
Office, these documents are considered the Time Cards / Attendance Records<br />
as outlined in Section PL-16 and are required to be retained for three years.<br />
Without these documents, there is no way to verify actual time worked against<br />
what was paid. Out of the 32 transactions tested that required this type of<br />
backup documentation to verify time worked to actual amounts paid for<br />
employees, 21 of those transactions could not be verified because<br />
documentation was destroyed.<br />
RECOMMENDATION<br />
Daily time records approved by supervisors should be retained for the stated<br />
period of 3 years per the County Records Manual. Scanning is an acceptable<br />
means of record retention.<br />
MANAGEMENT RESPONSE<br />
Connie Sutton-Falk, Director, Human Resources<br />
I agree.<br />
AUDITOR’S COMMENT<br />
A response was requested from the Prison with regard to this item. As of<br />
November 6, 2009 no response was received.<br />
11
2. Payroll Errors<br />
OBSERVATION<br />
Two pay periods were reviewed for a select group of job titles for various<br />
departments throughout the County. There were a total of 186 transactions that<br />
were reviewed for the two pay periods. In addition to the 21 instances mentioned<br />
in Item #1 above, testing also found:<br />
• Three instances where overtime hours were incorrectly applied<br />
resulting in overpayment of wages for the following:<br />
• an overpayment of $234.29 occurred in Elections when<br />
overtime hours worked were incorrectly entered and paid<br />
• an overpayment of $85.60 occurred at the Prison because<br />
the shift report showed only 4 hours of overtime worked<br />
not the 8 hours of overtime actually paid<br />
• an overpayment of $90.44 occurred at the Prison when<br />
FMLA Sick time was incorrectly counted as compensable<br />
time when calculating overtime hours worked<br />
• Four additional potential overpayments at the Prison that could not<br />
be quantified because documentation on the shift report differed<br />
from what was actually paid with no explanation of what actually<br />
transpired. This usually occurs with Shift Supervisors since there is<br />
no one place where their time worked is recorded.<br />
RECOMMENDATION<br />
We recommend that the County seek reimbursement for the overpayment of<br />
these wages. We further recommend that the Prison continue to improve upon<br />
their procedures for processing payroll by ensuring that all time worked is<br />
accurately recorded on the shift reports and proper documentation is retained.<br />
The Prison should continue working on implementing scheduling software and<br />
the swipe card system. Implementation of these software packages have the<br />
potential to alleviate most of the issues listed above if used properly.<br />
MANAGEMENT RESPONSE<br />
Dee Rumsey, Registrar, Elections<br />
I called Human Resources to find out the status and what steps will be taken for<br />
the county to retrieve the over payment. Human Resources referred me to the<br />
Payroll Office; Brenda stated that a letter was going out immediately to notify the<br />
overpaid employee of this matter. She advised that the full amount of $234.29<br />
will be deducted from the employee in this week’s paycheck.<br />
Connie Sutton-Falk, Director, Human Resources<br />
Having been made aware of these overpayments, Human Resources is in the<br />
process of recovering those overpayments.<br />
12
AUDITOR’S COMMENT<br />
A response was requested from the Prison with regard to this item. As of<br />
November 6, 2009 no response was received.<br />
13
Section C – Compliance<br />
1. Release Time Pay Code<br />
OBSERVATION<br />
Effective August 1, 2007, the County updated the Employee Policies Manual,<br />
Code 3.402, Section - Hours of Work – Overtime, Comp. Time, and Release<br />
Time, to include Release Time for FLSA exempt (non-union) employees. The<br />
County has no legal obligation to pay overtime wages or provide additional time<br />
off to employees who are FLSA exempt. This policy authorized departments to<br />
offer additional time off for FLSA exempt employees to use after they have<br />
worked extra hours because of extraordinary or seasonal workloads as a means<br />
to adjust their work schedules to meet varying workloads.<br />
FLSA exempt employees are eligible for Release Time when they have worked<br />
more than forty-five (45) hours in a workweek. Paid time off (benefit leave<br />
entitlements) shall be included in that calculation with the exception of sick leave.<br />
Only the excess over the forty-five (45) hours are eligible for Release Time on an<br />
hour for hour basis. Accurate records showing time worked shall be certified to<br />
by the employee and maintained by the supervisor. Release Time must be used<br />
within twenty (20) working days of occurrence or forfeited.<br />
Our testing revealed the following:<br />
• There currently is no pay code in the payroll software for timekeepers<br />
to code hours earned and hours taken for Release Time. This leaves<br />
each individual department responsible for maintaining their own<br />
manual records.<br />
• There are two FLSA exempt employees earning Release Time for any<br />
hours in excess of forty (40), not the stated forty-five (45) hours per<br />
policy.<br />
• One department is using Comp time pay codes to record hours earned<br />
and taken for Release Time for two individuals that are FLSA exempt.<br />
These individuals were previously in positions where they were FLSA<br />
non-exempt earning comp time until their promotions to FLSA exempt<br />
positions. This resulted in comp time hours being co-mingled with<br />
release time hours. Further complicating this situation is the fact that<br />
documentation of actual hours worked was destroyed resulting in an<br />
inability to verify how hours earned were calculated. In addition, these<br />
individuals are not using their Release Time within the twenty (20)<br />
working days of occurrence and the time is not being forfeited as per<br />
policy.<br />
RECOMMENDATION<br />
14
We recommend setting up a separate pay code for Release Time with the<br />
appropriate payroll rules in the new payroll system. This will ensure the proper<br />
recording and allow for monitoring of this pay code. Department supervisors<br />
should be held accountable in ensuring County policies are followed.<br />
MANAGEMENT RESPONSE<br />
Connie Sutton-Falk, Director, Human Resources<br />
Having just recently been provided with information that no such pay codes had<br />
been established, I have asked the payroll administrator to set up those codes. I<br />
have asked my staff to work with all due diligence to assist with establishing<br />
those codes for the current Lawson system. Since we are in the planning stages<br />
of the new system, SunGard, we have already established those codes.<br />
Victor Mazziotti, Director, Fiscal Affairs<br />
The new Payroll/Human Resource system, which will be implemented as of<br />
January 1, 2010, will contain release time pay codes.<br />
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2. Monitoring Compensatory Time<br />
OBSERVATION<br />
Per the Employee Policies Manual, Code 3.402, Section Hours of Work –<br />
Overtime, Comp. Time, and Release Time, “The County reserves the right to<br />
offer compensatory time off in lieu of paid overtime . . . and the employee retains<br />
the right to refuse compensatory time off in lieu of paid overtime. . . . When the<br />
collective bargaining agreement is silent on the subject of Compensatory Time<br />
Off in Lieu of Overtime (Comp. Time) for FLSA non-exempt employees, Comp.<br />
Time shall not be an option and paid overtime shall prevail”.<br />
Among some of the guidelines in the Policies Manual are the following:<br />
• Comp time is earned at time and one half of the hours worked.<br />
• Accurate records showing time worked shall be certified to by the<br />
employee and maintained by the supervisor.<br />
• Earned compensatory time must be recorded in the County’s central<br />
payroll system as part of the regular payroll processing.<br />
• Comp time earned must be used within forty (40) working days of<br />
occurrence or paid at overtime rate.<br />
• FLSA non-exempt employees may not accrue more than 240 hours of<br />
comp time with some exceptions.<br />
• Any balance of unused comp time should be paid to the employee<br />
before the employee transfers from one department to another.<br />
• Upon separation from County employment, payment for all<br />
accumulated comp time will be made in one lump-sum payment at the<br />
employee’s final regular rate.<br />
Our testing revealed the following items:<br />
• The County supervisors, as a whole, are not monitoring accrued comp<br />
time balances for the maximum balances allowed and the timeframe in<br />
which balances must be used or paid out. Balances are allowed to<br />
accumulate above the maximum accrual amount and are allowed to<br />
carryover for long periods of time creating a situation in which the<br />
County could be responsible for paying out wages at a higher rate<br />
when time is taken or upon separation from County employment. This<br />
increases overtime costs.<br />
• Gracedale is not recording comp time in the County’s central payroll<br />
system as part of the regular payroll processing using the pay codes<br />
set up in Lawson. They have been overriding the Lawson system<br />
comp time balances to reflect comp time earned. Comp time used<br />
was recorded properly.<br />
• The Deputy Sheriff Association’s collective bargaining agreement is<br />
silent with regard to comp time except with regard to overnight<br />
assignments. Deputy Sheriffs earned comp time for assignments<br />
other than overnight work after their contract effective date which is in<br />
violation of the County Employee Policies Manual and the Deputy<br />
Sheriff Association collective bargaining agreement.<br />
RECOMMENDATION<br />
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Comp Time should be recorded in accordance with the Employee Policies<br />
Manual. Overrides of data in Lawson should only be done as a last resort to<br />
correct errors and should be done with proper management approval. Human<br />
Resources should monitor these types of entries and provide exception reports to<br />
supervisors requesting explanations.<br />
The Sheriff, after reviewing County Policy on comp time, agreed that the<br />
department is in violation of the policy. He stated that he has taken corrective<br />
action and will no longer authorize comp time. This situation should be<br />
monitored to ensure that the Sheriff’s Department is in compliance with policy.<br />
A policy should be put in place to monitor comp time earned, accrued and used.<br />
Supervisors should be held accountable for ensuring County Policies are<br />
followed. Human Resources should consider maintaining this information in the<br />
SunGard human resource software system, if at all possible, where it can be<br />
accessed online by Supervisors, or provide exception reports to supervisors to<br />
assist in monitoring these comp time issues.<br />
MANAGEMENT RESPONSE<br />
Connie Sutton-Falk, Director, Human Resources<br />
I agree with the recommendation. The Deputy Sheriff’s Association is currently<br />
negotiating an agreement on the issue of Comp. Time which limit the accrual of<br />
Comp. Time. While Human Resources has developed methods for monitoring<br />
Comp. Time in the SunGard system, we will continue to refine those methods<br />
and programming to meet the Controller’s Office recommendations.<br />
Marvin Granda, Gracedale Administrator<br />
Gracedale will use the automated payroll system to record compensatory time as<br />
now directed. It is noted that comp time was used correctly.<br />
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Policies that Boost Overtime Costs<br />
One purpose of this audit was to determine if overtime and comp time are managed<br />
economically and effectively. In order to assess our County’s approach to overtime and comp<br />
time, a questionnaire was sent to organizations that subscribe to the Association of Local<br />
Government Auditors (ALGA) listserv asking for information from similar audits they performed.<br />
The responses we received were used to assess County practices.<br />
County practices found to boost overtime, some of which have been detailed previously in this<br />
report, are as follows.<br />
1. The County has adopted policies over the years that go above and beyond minimum<br />
requirements per the Fair Labor Standards Act with regard to work performed after 8<br />
hours worked per day and compensable hours included in the overtime hours<br />
calculation. This creates an environment whereby the County is providing more<br />
opportunities for employees to earn overtime.<br />
2. Offering comp time in lieu of paid overtime can increase overtime costs in departments<br />
with critical staffing requirements. While nothing came to our attention in the areas we<br />
tested to suggest that comp time was a major factor in increased overtime, it bears<br />
noting that it can have an impact on overtime. Allowing comp time balances to accrue<br />
above maximum balances and not enforcing the time period in which comp time is to be<br />
used creates an opportunity to increase costs when time is paid out at a higher pay rate<br />
at some future time.<br />
3. Provisions in the Deputy Sheriff Association collective bargaining agreement with regard<br />
to minimum staffing and the switch in duties to include providing security for inmate<br />
hospital visits has dramatically increased overtime in that department.<br />
4. Understaffing and excess leave time in general has contributed to overtime costs. In the<br />
past the County has had difficulty hiring at Gracedale and the Prison. It would benefit<br />
the County to do further analysis for the breakeven point at which it is more cost<br />
effective to hire additional staff as opposed to current employees working overtime<br />
hours. Areas that would benefit from a more in-depth review are the Prison, the Sheriff’s<br />
Department and possibly Gracedale.<br />
Another practice that was shown to boost overtime costs is Shift Switching. Gracedale has an<br />
internal policy for shift switching per management. Switching is recorded in the payroll system<br />
using a pay code called “approved switch” and occurrences are limited to within that pay period.<br />
Overtime pay does not appear to be an issue with regard to switching at Gracedale.<br />
Shift switching at the Juvenile Justice Center and the Prison can create situations where time<br />
worked as a result of the switch is paid at an overtime rate. This usually occurs when an<br />
employee switches time outside of the work week the originally schedule work day was to occur,<br />
or when the switch involves two employees and extends over more than one week or pay<br />
period.<br />
• Currently, the Juvenile Justice Center AFSCME Youth Care Worker collective bargaining<br />
agreement does not specifically address shift switching, but the department has an<br />
internal office policy allowing switches. Testing revealed that this practice has increased<br />
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the overtime costs for the department.<br />
• The Prison AFSCME Correction Officer collective bargaining agreement, Article 37, does<br />
address shift switching. Per the agreement, shift switching requests are to be denied if<br />
switching results in additional overtime. Our testing revealed that there was a great deal<br />
of overtime on the weekends at a time when the Prison is at minimum staffing. This is<br />
typically the time that shift switching will occur per management at the Prison.<br />
Employees are not allowed to request time off on the weekends. Therefore, the only<br />
way to get a weekend off is to switch with another employee. Shift switching was not<br />
part of the scope of this audit. As such, adherence to the policy above was not tested.<br />
However, the fact that there is a high volume of overtime on the weekends and switching<br />
is allowed and has been shown in other departments to contribute to overtime costs, it<br />
would benefit the County to do further analysis at the Prison.<br />
MANAGEMENT COMMENTS:<br />
Connie Sutton-Falk, Director, Human Resources<br />
With regard to “County practices found to boost overtime”:<br />
1. It should be noted that County policy does not provide for overtime after 8 hours per day<br />
but rather after 40 hours per week. The precedent for 8 hours per day was set by prior<br />
union contracts and/or recent arbitration awards. I’ve already taken steps to negotiate<br />
this out of the union contracts whenever the opportunity arises.<br />
2. I agree. While this is the sole responsibility of the supervisor, I have advocated for<br />
payment of overtime rather than accrual of Comp. Time with the potentials mentioned<br />
above.<br />
3. This Administration took all steps available to us to prevent these added costs.<br />
Unfortunately, the arbitrator ruled against the County without regard to the costs it would<br />
create.<br />
4. I agree.<br />
With regard to “Shift Switching”:<br />
The supervisors need to monitor the shift switching to ensure it doesn’t create more overtime.<br />
The Prison union contract specifically states that shift switching will be denied if it creates<br />
overtime so it’s not a collective bargaining issue. I also feel the Prison union contract that<br />
restricts the full use and training all Corrections Officers by the “preferred positions” adds to the<br />
overtime costs. I am currently attempting to negotiate the “preferred positions” out of the<br />
collective bargaining agreement. Once again, I also believe that the use of trained part time<br />
employees would lessen the overtime burden.<br />
I cannot comment on the Juvenile Center’s shift switching issue since I have no knowledge of it<br />
and there is nothing in writing.<br />
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Prison Employee – 2008 Attachment 1<br />
Corrections Officer (Correction Officers CBA, Base pay at Step 11 = $46,723)<br />
Actual Employee Wages (includes overtime) $ 130,764.56<br />
Less:<br />
Retro Pay 13,287.56<br />
No Sick Stipend 500.00<br />
Adjusted Employee Wages (includes overtime) $ 116,977.00<br />
Current Employee Wages, Benefits and Overtime:<br />
Hours Wages Benefits Total<br />
Regular Wages 2,104 51,116.33 18,876.03 69,992.36<br />
Overtime Wages 1,953 __65,860.67 __6,507.10 __72,367.77<br />
Totals 4,057 $ 116,977.00 $ 25,383.13 $ 142,360.13<br />
Calculated Benefits on Regular Wages:<br />
Insurances & Retirement 13,105.00<br />
Social Security and Medicare taxes 3,910.40<br />
Workers Compensation Insurance<br />
__1,860.63<br />
Total Benefits on Regular Wages $ 18,876.03<br />
Calculated Benefits on Overtime Wages:<br />
Social Security and Medicare taxes 4,109.77<br />
Workers Compensation Insurance<br />
_2,397.33<br />
Total Benefits on Overtime Wages $ 6,507.10<br />
Cost of New Hire:<br />
New Hire Wages – 2008 pay scale, PR 1, Step 1 29,349.00<br />
Benefits<br />
_16,419.00<br />
Total New Hire Wages and Benefits $ 45,768.00<br />
Current Employee with Overtime vs. Current Employee plus New Hire<br />
Current Employee Wages, Benefits and Overtime<br />
Current Employee Regular Wages and Benefits 69,992.36<br />
New Hire Wages and Benefits 45,768.00<br />
Total Cost for Current Employee and New Hire<br />
_142,360.13<br />
_115,760.36<br />
SAVINGS WITH HIRING NEW EMPLOYEE $ 26,599.77<br />
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Gracedale Employee – 2008 Attachment 2<br />
Nurse 1 (Steelworkers CBA, Base pay at Step 10 = $62,035)<br />
Actual Employee Wages (includes overtime) $ 125,936.80<br />
Less:<br />
Seminar Pay 1,073.70<br />
Adjusted Employee Wages (includes overtime) $ 124,863.10<br />
Current Employee Wages, Benefits and Overtime:<br />
Hours Wages Benefits Total<br />
Regular Wages 2,080 74,439.02 22,399.88 96,838.90<br />
Overtime Wages 933 __50,424.08 __4,885.50 __55,309.58<br />
Totals 3,013 $ 124,863.10 $ 27,285.38 $ 152,148.48<br />
Calculated Benefits on Regular Wages:<br />
Insurances & Retirement 13,095.00<br />
Social Security and Medicare taxes 5,694.59<br />
Workers Compensation Insurance<br />
__3,610.29<br />
Total Benefits on Regular Wages $ 22,399.88<br />
Calculated Benefits on Overtime Wages:<br />
Social Security and Medicare taxes 2,439.93<br />
Workers Compensation Insurance<br />
_2,445.57<br />
Total Benefits on Overtime Wages $ 4,885.50<br />
Cost of New Hire:<br />
New Hire Wages – 2008 pay scale, Step 1 47,636.00<br />
Benefits<br />
_19,050.00<br />
Total New Hire Wages and Benefits $ 66,686.00<br />
Current Employee(s) with Overtime vs. Current Employee(s) plus New Hire<br />
1 Employee and 2 Employees and<br />
1 New Hire<br />
1 New Hire<br />
Current Employee Wages, Benefits & Overtime 152,148.48 304,296.96<br />
Current Employee Regular Wages & Benefits 96,838.90 193,677.80<br />
New Hire Wages and Benefits 66,686.00 66,686.00<br />
Total Cost for Current Employee(s) & New Hire 163,524.90 260,363.80<br />
(ADDITIONAL COST) or SAVINGS WITH<br />
HIRING NEW EMPLOYEE ($ 11,376.42) $ 43,933.16<br />
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