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Recent Examples of Government Waste, Fraud and Mismanagement

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  • State Spends $2.6 Million to Rent Vacant Building for Two Years. The state has spent $1.3 million a year to rent a vacant office building for the past two years, investigative reporter Mike Luery reported July 13.

    Mr. Luery, who frequently unveils government waste in his "On the Money" feature for Sacramento television station CBS-13, found that the building in Rancho Cordova is leased by EdFund, the non-profit auxiliary of the California Student Aid Commission, which had planned to move there.

    "CBS-13 learned that the Student Aid Commission was told not to move in," Mr. Luery reported. "The state was planning to sell EdFund and didn't want to have the Student Aid Commission move in to the empty building – only to have the commission move out, in the event of a sale."

    Instead, the Student Aid Commission was moved to another location where the rent reportedly is cheaper than it would have been in the EdFund building. A spokesman for the state Department of Finance said that by not moving the commission into the empty building, the state saved more than $1 million.

    Still, the rent for an empty office is coming out of the student loan operating fund, and apparently will continue to be paid until EdFund is sold. The Student Aid Commission said the $2.6 million could have provided financial aid for up to 1,000 college students (while the money comes out of the "student loan" fund, the report said the aid to students would be in the form of grants, not loans, so the money would not have to be paid back by the students).

    When the television crew went to the property to film the empty office space, it initially was met by a security guard and EdFund lawyer who attempted to stop the cameraman from filming, and threatened to call police to remove the crew from the property. An EdFund spokeswoman later agreed to be interviewed and said the guard and lawyer may have been overprotective because of the "confidential nature of what we do."

    Commenting on the report, news anchor Sam Shane noted: "No private business would be in business if they ran it like this." (Source: CBS-13's "On the Money," July 13.)

    Cal-Tax recommendation: The state should identify any other unused properties that are being rented or maintained with tax dollars, and should take immediate steps to improve the management of its resources. It doesn't make sense that while taxpayers are paying $1.3 million a year to rent an empty building, the state is moving forward with plans to sell state-owned offices and then rent them back from the new owners.

  • Despite Budget Problems, CSU Continues Offering Generous Salaries. The California State University Board of Trustees voted unanimously July 13 to keep the annual salary of incoming Cal Poly interim President Robert Glidden roughly the same as that received by outgoing President Warren Baker, who is retiring at the end of the month after 31 years as president.

    Mr. Baker is paid $328,209 per year, making him the highest-paid of the 23 CSU presidents. The brand new president, who is slated to begin at Cal Poly on August 1, will receive $328,200 – just $9 less than the 31-year veteran.

    The CSU board also voted to provide Mr. Glidden with a university-owned vehicle and housing on the Cal Poly campus. The outgoing president receives a $60,000 housing allowance per year for his off-campus residence, plus a $1,000-a-month car allowance.

    Mr. Glidden, 73, previously served as the president of Ohio University from 1994 to 2004.

    The board also voted to provide interim San Jose State University President Don W. Kassing with a $328,200 annual salary, a $25,000 supplement from private donation money handled by a university foundation, a car or a $1,000-a-month car allowance, and a home at the university.

    The CSU's recently appointed vice chancellor and chief academic officer, Ephraim P. Smith, will receive $285,000 this year, plus a $1,000-a-month vehicle allowance, the trustees decided. (Source: San Luis Obispo Tribune, July 14.)

    Cal-Tax recommendation: As part of the annual budget process, the Legislature and governor should take a close look at the salary structures of California's taxpayer-funded schools, to determine how much money is being soaked up by overly generous administrative salaries and perks instead of going into classrooms to help students.

  • Convicted Sheriff Collects Pension Pay. Convicted last year for tampering with witnesses, former Orange County Sheriff Michael Carona collected $215,000 in retirement payments in 2009.

    Data revealing Mr. Carona's retirement pay was included in a new report from the Orange County Employees Retirement System because of a lawsuit by the California Foundation for Fiscal Responsibility, a pension reform group.

    According to the report, 36 percent of the retirement payments to the county's highest pension earners go to former Sheriff's Department employees.

    Many of the county's high public safety pensions were approved 10 years ago. Orange County Supervisor John Moorlach recalled: "It was right after September 11…. All of a sudden, public safety people became elevated to god status…. The Board of Supervisors were tripping over themselves to make the motion."

    The report includes other information about high-earning retirees, including former Treasurer-Collector Robert L. Citron, who received $142,000 last year. Mr. Citron was responsible for poor investment decisions that led to Orange County's bankruptcy in 1994. More than 400 Orange County pensioners earned more than $100,000 in 2009.

    Orange County's pension system currently faces a $3.7 billion unfunded liability. (Source: Los Angeles Times, July 9.)

    Cal-Tax recommendation: Local governments should actively embrace pension reforms to make their pension systems sustainable.

  • University of California Sends Work to Kansas. All undergraduates entering the University of California system must demonstrate their writing ability either by reaching certain scores on standardized tests or by passing the Analytical Writing Placement Examination (AWPE). Before taking the AWPE, a student must pay an examination fee – currently $90 – online or through the mail. The prepaid envelope for sending payment has a return address of "University of California AWPE; 3833 Greenway Drive; Lawrence, KS 66046-9900." The building located at that Kansas address houses Scantron, the Education Measurement Group and other affiliates of NCS Pearson Inc.

    Cal-Tax recommendation: State officials should examine why the University of California is using a Kansas-based company to process payments for tests taken in California and graded by UC faculty. If UC is using out-of-state companies because the costs are higher here, steps should be taken to restore California's competiveness by reducing the cost of doing business in this state.

  • Stockton School District Asked to Repay Nearly $1 Million in Unapproved Spending. The California Department of Education is asking the Stockton Unified School District to return $962,000 that was spent on unapproved classroom materials.

    The request was made after the Department of Education sent in auditors. According to school board members, former Superintendent Anthony Amato was advised by district staff not to purchase the materials in question – for a program called "Success for All" – because the district would not be able to use them.

    The "Success for All" materials now reside in a district warehouse, gathering dust. Mr. Amato was fired in September, and is now heading up a school in New Orleans. Mr. Amato previously was let go from superintendent positions in New Orleans, Hartford and Kansas City.

    School board members claim they were kept in the dark about the questionable purchases. Beverly Fitch McCarthy, the school board president, said: "It never occurred to us to say, 'Is this on the approved list?' He's the superintendent. He should be knowledgeable. He shouldn't even be bringing us these programs if they're not approved."

    The chief financial officer of the district said the district is facing a "bare-bones budget," and currently is able to repay the state only $140,000. (Source: Mike Luery's On the Money, CBS 13-Sacramento, July 7.)

    (Cal-Tax recommendation: School board members, as elected officials representing parents, students and taxpayers, should be knowledgeable about how schools are spending the hard-earned tax dollars of the district's residents. School board members should take responsibility for the district's finances by asking the district's staff how their funds are being spent. Cal-Tax applauds the Department of Education for keeping local school districts accountable, and encourages the auditors to continue investigating how tax dollars are used in other schools.)

  • San Jose College Leader Worked Another Job While on Sick Leave. The San Jose Mercury News reports: "A top executive at the financially troubled San Jose/Evergreen Community College District earned a full salary while on sick leave this spring — yet, during that same period, she earned a separate salary teaching at another nearby district."

    Bayinaah Jones, whose title at the San Jose district is executive director of institutional effectiveness, earned $30,672 on sick leave there, but apparently was healthy enough to hold down a $5,775 teaching position in the Foothill-DeAnza Community College District.

    The revelation follows a searing state audit of the San Jose district's books. Auditors were critical of spending by former Chancellor Rosa Perez, who is Ms. Jones' live-in partner, and who also took paid sick leave — for eight months, earning $25,000 each month – until retiring this month due to health reasons.

    Records show that Ms. Jones took sick leave from her $123,000 position – "per my physician's order," she wrote in an e-mail message – in April, May and June of this year. She said she remains sick "until further notice."

    During those same months, the Mercury News reported, she commuted to a job teaching Introduction to Sociology classes at DeAnza College, for three hours a night every Monday and Wednesday during the spring quarter. In e-mails to the newspaper, both DeAnza and San Jose/Evergreen confirmed Ms. Jones' employment. However, Ms. Jones told the newspaper in an e-mail: "I do not have concurrent employment. Your information is incorrect." She declined to explain further, and referred questions to school officials who said they would not comment because the situation involves confidential medical information.

    The state Department of Finance said the district's board is fiscally responsible for Ms. Jones' behavior.

    The Mercury News noted that budget cuts have resulted in the cancellation of classes and lay-offs of 19 workers last year. "They sacked several employees whose only crime was to remain at their posts," said San Jose City College photography professor Ciaran MacGowan.

    The situation involving Ms. Jones "shows a complete lack of respect for taxpayers, students, faculties and administrations of both districts," said Randi Kinman, a former San Jose planning commissioner who now helps lead the nearby Sherman Oaks Neighborhood Association. (Source: San Jose Mercury News, July 5.)

    Cal-Tax recommendation: School officials should examine how their existing policies allowed this situation to occur, and should make sure it doesn't happen again. They also should thoroughly assess Ms. Jones' claims and take disciplinary steps if warranted.

  • Grand Jury Says Peralta Community College District Is Wasting Tax Dollars. A grand jury released a report July 7 slamming the Peralta Community College District for lax oversight and wasting taxpayer dollars.

    The district is marked by a lack of transparency and accountability, the Alameda County civil grand jury wrote in its annual report. Spending on travel and dining have run rampant in the four-college district, jurors found, and trustees have shown little responsibility in their oversight. (Cal-Tax: As reported on page 14, an accrediting commission has put the district on probation because of fiscal concerns.)

    The grand jury's nine-month investigation was prompted by a series of stories published by Bay Area News Group in July 2009, the report noted.

    The San Jose Mercury News reported: "The jury specifically criticized Peralta trustees for their silence on important issues. 'Their willingness to remain individually silent on multiple issues, such as the chancellor's performance, has led the board to questionable decision-making,' the jury concluded. 'The board as a whole has failed to provide the leadership for the district to which they were elected.'"

    Among trustees' transgressions were double-dipping on meals during trips (receiving a daily stipend for food while also including the same meals on hotel bills), spending hundreds of public dollars per month on home offices without adequate oversight or documentation, and misusing the district's credit cards.

    The district includes four campuses: Laney and Merritt Colleges in Oakland, Berkeley City College and College of Alameda. (Source: San Jose Mercury News, July 7.)

    Cal-Tax recommendation: Voters should replace the school board with reformers who will take an active interest in their duty to safeguard public funds and direct every available penny to the classroom.

  • Department of General Services Doesn't Oversee Contracting Program Properly, Auditor Says. The state auditor reported July 8 that its review of the Department of General Services' "strategically sourced" contracting practices revealed several lapses in oversight.

    The auditor noted that the purpose of strategic sourcing is to enter into statewide contracts that leverage the state's purchasing power to save money on the goods and services purchased most frequently by state agencies. The strategic sourcing process involves identifying goods and services through a systematic analysis of past purchasing data, and projecting what savings can be expected through new contracts.

    The department awarded 33 statewide strategically sourced contracts for 10 categories of goods between February 2005 and July 2006, and the good news is that the department accrued at least $160 million in net savings as of June 30, 2007. (Cal-Tax: The actual savings to taxpayers was less, because the department paid the consultant who assisted in implementing the strategic sourcing initiative 10.5 percent of the accrued savings realized through these contracts.)

    The bad news is that the department is lax in overseeing many areas of the contracting program, the audit said. The non-partisan auditor reported that the department:

    • Did not continue to formally calculate the savings after June 2007 when its consulting contract expired.

    • Has not strategically sourced 20 other categories of goods or services that were recommended by the consultant, and had not prepared an analysis to document its rationale for not strategically sourcing.

    • Incurred significant costs to train staff and to develop written procedures on strategic sourcing, yet has not awarded any new strategically sourced contracts using the procedures or reviewed comprehensive purchasing data to identify new opportunities.

    • Lacks data to determine the impact of strategic sourcing on the participation by small businesses and Disabled Veteran Business Enterprises (DVBEs).

    • Does not monitor small business and DVBE subcontractors to ensure that they perform commercially useful functions in providing goods or services once a contract has been awarded.

    • Does not have standard procedures to recover any overcharges identified despite its new automated process designed to monitor compliance with contract pricing terms.

    (Source: Bureau of State Audits report No. 2009-114, "Department of General Services: It No Longer Strategically Sources Contracts and Has Not Assessed Their Impact on Small Businesses and Disabled Veteran Business Enterprises," July 8.)

    Cal-Tax recommendation: The Legislature and governor should follow up on the audit to make sure the Department of General Services dramatically improves its oversight of this contracting program.

  • UC Berkeley Report Says High-Speed Rail Estimates Are Hopelessly Flawed. Researchers at the University of California at Berkeley have released an analysis contending that the California High-Speed Rail Authority's ridership projections suffer from statistical modeling flaws that render them useless.

    "The forecast of ridership is unlikely to be very close to the ridership that would actually materialize if the system were built," concluded Samer Madanat of Berkeley's Institute of Transportation Studies. "As such, it is not possible to predict whether the proposed high-speed rail system in California will experience healthy profits or severe revenue shortfalls."

    Rail officials have said the high-speed project, which would cost more than $40 billion, would start with a San Francisco-to-Los Angeles line, and that revenue generated from that line would be used to extend service to Sacramento. If the revenue projections miss their mark, Sacramento residents may not have access to the expensive high-speed rail system, which is funded in part by a voter-approved bond.

    The Berkeley analysis was commissioned by the state Senate Transportation and Housing Committee. Senator Alan Lowenthal, who chairs the committee, said the report is "damning," and recommended that the rail officials thoroughly scrutinize their projections.

    A spokeswoman for the high-speed rail authority defended the revenue estimates and said the ridership projection continue to be "a sound tool for use in high-speed rail planning and environmental analysis." (Source: The Sacramento Bee, July 2.)

    Cal-Tax recommendation: Senator Lowenthal and other state officials should continue to pressure the authority to base their planning on realistic assumptions so financial problems can be resolved before the rail project is halfway through the construction phase and hemorrhaging red ink.

  • Small Cities Offer City Managers Big Bucks. A June 30 report by the Placer County Grand Jury found that the cities of Auburn, Colfax, Lincoln, Rocklin, Roseville and Loomis are paying their city managers excessive salaries and other benefits. The grand jury said the city managers are receiving pay comparable to city managers in the San Francisco Bay Area, where the cost of living is 30 percent higher.

    Compensation of City Managers in Placer County, 2009-10

    City

    Pop.

    2009-10 City Budget

    Total Compensation

    Other Benefits

    Auburn

    12,500

    $28.25 million

    $165,154

    Car allowance, $4,800.

    Colfax

    1,750

    $8.52 million

    $75,000

    Mileage reimbursement of 55 cents per mile. Bonus of up to 10 percent of base salary.

    Lincoln

    37,410

    $46.16 million

    $279,781

    Car allowance, $8,400. Relocation pay, $18,000.

    Rocklin

    54,754

    $61.20 million

    $300,398

    None.

    Roseville

    112,343

    $447.20 million

    $393,675

    Car allowance, $9,000.

    Loomis

    6,300

    $3.22 million

    $132,671

    Car allowance, $3,600. Relocation pay, $3,000.

    While the grand jury noted that the pay for city managers is very generous, the report indicates a welcome trend in Placer County – with declining tax revenues during the recession, a number of cities are beginning to scale back pay and retirement benefits. For example, Auburn, Colfax and Lincoln each cut compensation packages for their city managers. The Auburn City Council and manager recently agreed to scale down the city manager's pay by $15,160, bringing the salary to $132,371.

    In Rocklin, Carlos Urrutia retired from his post as city manager in 2009, after 25 years. Mr. Urrutia will stay on the city's payroll working for a fixed annual stipend of $139,000 with no benefits until the city finds a replacement. In addition to paying the stipend and Mr. Urrutia's retirement benefits, Rocklin taxpayers will shell out $300,000 in 2010 for Mr. Urrutia.

    Roseville – California's fastest-growing city, according to data from the Department of Finance – recently parted ways with City Manager Craig Robinson and agreed to a severance contract offering Mr. Robinson one year of pay and benefits, amounting to a package of $393,675. Roseville's assistant city manager took over with a much smaller salary of $185,226. (Source: Placer County 2009-2010 Grand Jury Final Report: "City Managers' Salaries, The Delicate Art of Setting Salaries," June 30.)

    Cal-Tax recommendation: Cities throughout the state should examine their pay structures for all city jobs and look for ways to reduce payroll, pension and fringe benefit spending so they can provide needed services at the lowest possible cost.

  • Audit Finds Los Angeles Fails to Collect Nearly Half of Its Debts. Los Angeles City Controller Wendy Greuel reports that the city has failed to collect at least $260 million a year for traffic tickets, ambulance transportation and other services – an amount that accounts for approximately 47 percent of the money owed to the city.

    The controller sampled collections from several city agencies to arrive at the estimate. The percentage of uncollected debt is down only 1 percent from three years ago, when a similar audit was conducted.

    Ms. Greuel said the collection rate is "not acceptable," and added that part of the problem is the amount of time it takes the city to process bills and request payment. "If it takes six months to get a bill to someone, they are less likely to pay," she said.

    A spokesman for the Department of Transportation said traffic tickets often are paid late, but most are paid eventually because people can't renew their vehicle registration if they have outstanding tickets.

    Councilman Paul Koretz said, "Maybe it's time we held the department heads accountable and looked at their overall budget to see if it should be cut unless they improve collections." (Source: Los Angeles Daily News, July 1.)

    Cal-Tax recommendation: Councilman Koretz's suggestion is a good one, and should be implemented. The best way to force department heads to take the problem seriously is to cut their funding until they make improvements. The audit three years ago has not resulted in any improvement, and it's doubtful that this one will, either, unless penalties are put in place for those who accept the status quo.

  • Welfare Benefits Being Withdrawn at Strip Club ATMs. In a follow-up story to an investigative story cited in last week's Cal-Taxletter, the Los Angeles Times reports that welfare recipients withdrew $12,000 in cash from the Temporary Assistance for Needy Families program from ATMs in strip clubs throughout the state between 2007 and 2009.

    The California Department of Social Services said the governor has ordered the department to correct the problem by removing strip clubs and casinos from the list of businesses where recipients can withdraw taxpayer dollars. In an e-mail to the Times, department spokeswoman Lizelda Lopez said: "We'll take a wide-ranging look and apply some common sense to the list of outlets where cash assistance should not be withdrawn."

    The Times earlier reported that welfare recipients have been withdrawing cash benefits at ATMs in casinos and cardrooms. The state has now calculated the amount of money that has been withdrawn from the state's welfare program using ATMs located in casinos: $1.8 million in just eight months (October 2009 through May 2010). (Source: Los Angeles Times, June 30.)

    Cal-Tax recommendation: Kudos to the Los Angeles Times for revealing that cash welfare benefits are being withdrawn at casinos and strip clubs, where much of the cash probably remained. The state needs to find a better way to help those who truly need assistance, and to stop giving cash to those who are using it for extracurricular activities. The governor's orders are a step in the right direction, but welfare recipients can get around the orders by simply stopping at other ATMs on the way to the casino or strip club. More safeguards are needed.

  • Auditor Says State Employee Misconduct and Mismanagement Costs Taxpayers Millions. State Auditor Elaine Howle released a report June 29 documenting major cases of state employee wrongdoing and mismanagement during the 2009 calendar year, and also reported that one state agency took years to follow up on a past recommendation for more than a million in savings.

    The auditor reported cases in 2009 in which employees were:

    • Participating in other employment during state work hours and misusing state resources at a total cost to the state of $70,105.

    • Misusing the time of two psychiatric technicians, resulting in a loss to the state of $110,797.

    • Improperly allowing a business owner to use state university facilities, equipment, and supplies costing $20,790.

    • Claiming $392 in travel expenses not incurred and violating state law by accepting gifts in the form of substantial hotel discounts.

    • Failing to report 82 hours of leave taken, for which the state paid $2,605.

    • Receiving at least $1,840 in gifts from a vendor, thus creating the appearance that the gifts were rewards for doing business.

    • Failing to account accurately for absences that cost $1,206.

    • Improperly exempting an estimated 3,000 after-school education programs from child-care licensing requirements.

    The auditor also provided updates on past reports of wrongdoing, and noted that some state agencies did not act quickly to follow up on the recommendations. A striking example, as described in the auditor's report:

    "In September 2005 we reported that the Department of Corrections and Rehabilitation (Corrections) did not track the total number of hours available in a release time bank (time bank) composed of leave hours donated by members of the California Correctional Peace Officers Association (union) so that union representatives could cover union business. Our investigation revealed 10,980 hours that three union representatives used from May 2003 through April 2005 but that Corrections failed to charge against the time bank, costing the State $395,256. Following our report, Corrections still did not attempt to obtain reimbursements for the time that the three employees spent on union activities in May and June 2005, resulting in an additional cost to the State of $39,151. In fact, Corrections informed us later that it was unable to reconstruct an accurate leave history for any period before July 2005 for the three union representatives. Consequently, Corrections will not seek reimbursements that total $434,407. Instead, Corrections submitted to the union monthly invoices that total $1,037,698 for union work performed by the employees from July 2005 through December 2009. As of June 2010, Corrections had only received a payment of $16,530 on any of these invoices. Thus, the unrecovered reimbursements for the three employees' time for May 2003 through December 2009 cost the State a total of $1,455,575." (The report notes that just last month, the department said it has initiated litigation to try to get the money from the union.) (Source: California State Auditor's report, "Investigations of Improper Activities by State Employees: Misuse of State Time and Resources, Improper Gifts, Inadequate Administrative Controls, and Other Violations of State Law, January 2009 Through December 2009," June 29.)

    Cal-Tax recommendation: State lawmakers should keep the state auditor's reports handy when writing the budget for the next fiscal year, and should take action to force agencies to follow through on recommendations for improvement.

  • Placer County Approves More Than $1 Million in Raises for County Employees. The Placer County Board of Supervisors met June 22 and approved new employee contracts that will likely cost taxpayers more than $1.3 million a year.

    The county approved new pay and compensation packages for adult services chief psychiatrist Dr. Olga Ignatowicz ($371,372 annually); health and human services employee Dr. Richard Malek ($303,193 annually); county forensic pathologist Dr. Donald Henrikson ($297,797 annually); and also approved salaries of $181,680 and $150,115 for two county psychiatrists.

    Law enforcement and public health officials lobbied the Board of Supervisors for the pay raises, claiming they were needed to keep government jobs competitive with private-sector jobs. Also, public employees noted that they hadn't received a pay raise in four years.

    Supervisor Kirk Uhler, who represents the communities of Roseville and Granite Bay, justified his decision to support the pay increase, saying: "Market forces are at work. It's what the market bears." (Source: Roseville Press Tribune, June 30.)

    Cal-Tax recommendation: Placer County has been using reserves, furloughing employees and taking other steps to deal with major declines in revenue. The county shouldn't negate this work by granting salary and benefit increases that will be very costly in the long term.

  • San Diego School District Spends $2.3 Million to Rehire Retirees After Giving Severance Deals. The San Diego Unified School District, after offering early retirement to more than 1,000 of the district's highest paid employees, has begun rehiring these same employees.

    The district chose to offer early retirement to a number of employees as a cost-saving measure that was projected to save the district more than $41 million. The early retirement incentive was that if an employee chose to retire, the district would offer the employee one year of pay without working. Now, the district claims that it is suffering from a "brain drain," and has rehired district workers.

    For example, the district rehired Karen Bachofer, an employee who oversaw school research and evaluations. When she left, Ms. Bachofer had an unfinished project to determine if students met certain college admission requirements. She was quickly rehired by the district and paid $10,000 to complete her project while earning her normal salary of $134,000, which the district paid out as an early retirement agreement.

    The district originally intended to rehire three dozen employees after offering them early retirement. Instead, more than 10 times that number were rehired. Since offering early retirement last year, the district has spent $2.3 million to rehire employees and paid $24 million to employees for taking early retirement. (Source: Voice of San Diego, July 2.)

    Cal-Tax recommendation: The school district should rethink its management strategies, and residents of the district should get involved to force the district to be more prudent with the tax dollars it receives.

  • Auditor Says Lax Oversight of Recycling Program Cost State Nearly $2.2 Million. The state auditor released a report June 22 stating that the Beverage Container Recycling Program at the Department of Resources Recycling and Recovery did not ensure that recipients of grants met their commitments for six completed market development and expansion grants that were reviewed – ultimately costing the state nearly $2.2 million.

    Auditors said the program uses a flawed fiscal forecasting process, and that the flaws resulted in a $158.1 million overstatement in the 2009-10 budget proposed by the governor. "In addition, the actual balance in the beverage fund was understated in the governor' s budget for three fiscal years – 2004-05 through 2006-07 – because revenues were not corrected to include prior year adjustments," the auditor stated.

    The audit of the recycling program found:

    • Its forecasting process is outdated and not able to reliably project revenues and expenditures.

    • Over the past five years projections have differed from actuals by between 3 percent and 15 percent – a problem the auditors attributed to "ineffective supervisory oversight and lack of review of the accuracy of the forecasts."

    • A projected fund balance deficit in May 2009 prompted the department to reduce payments to beverage program participants.

    • For one audit with identified underpayments of $941,000 including interest, the department took six months to bill the distributor.

    • In two instances, the department could not collect a total of $324,000 because it exceeded the two-year statute of limitations on collecting underpayments.

    • It may be missing opportunities to detect fraud because it lacks a systematic and documented methodology for analyzing data regarding the volume of recycled containers.

    • It does not always perform key steps to monitor grants awarded to private entities and local governments and ensure that funds are properly used by visiting grantees and obtaining project status reports.

    The Beverage Container Recycling Program was created in 1986 with the intent of increasing consumer recycling. The program requires beverage distributors to make a redemption payment to the Beverage Container Recycling Fund for every qualified beverage container sold or offered for sale. The cost of the redemption payment is passed along to consumers when they purchase beverages and, to encourage recycling, consumers can return used containers to recycling centers and receive a payment representing the initial California refund value. (Source: Bureau of State Audits report, "2010-101, Department of Resources Recycling and Recovery: Deficiencies in Forecasting and Ineffective Management Have Hindered the Beverage Container Recycling Program," June 22.)

    Cal-Tax recommendation: The department should follow the auditor's recommendations to implement a new forecasting model and to immediately take steps to improve management of the entire recycling program.

  • Santa Clara County Supervisor Overspends Annual Office Budget by $87,500. Scott Herhold, a columnist for the San Jose Mercury News, reports that for the fiscal year that ends June 30, Santa Clara County Supervisor George Shirakawa Jr. overspent his $1 million-plus office budget by $87,500, nearly 9 percent. Now, the supervisor is "asking for a bailout from the financially pressed county's contingency fund," Mr. Herhold writes.

    The columnist adds: "Let me put this in the simplest possible terms. A guy that we've elected to supervise the county's budget – to make decisions on hundreds of millions of dollars at a crucial time – can't keep within a budget for himself and his nine staffers."

    The supervisor, the only one on the five-member board who had an overspending problem, said in a memo to his colleagues that "this unfortunate overage was due to unforeseen employee benefit costs." An aide said the office has two part-time employees who were intended to be classified as contractors, but were classified as employees, which means they qualified for benefits that had not been budgeted. (Source: San Jose Mercury News, June 21.)

    Cal-Tax recommendation: The county should follow Mr. Herhold's suggested recommendations to take the money out of the supervisor's next budget, and to require that he explain in a public meeting how the fiscal mismanagement occurred.

  • Governor Issues Executive Order Banning Welfare Recipients From Accessing Taxpayer-Provided Benefits at Casino ATMs. The Los Angeles Times reported June 24 that "California welfare recipients are able to use state-issued debit cards to withdraw cash on gaming floors in more than half of the casinos in the state." The newspaper compared a list of ATM addresses on the California Department of Social Services' website to a list of casinos and poker rooms on the California Gambling Control Commission's site, and found that 32 of 58 tribal casinos and 47 of 90 poker rooms had ATMs that accept the state's welfare benefits cards.

    The amount of money withdrawn at these gambling facilities is not known, state officials said.

    Responding to the report, Governor Arnold Schwarzenegger on June 24 directed the Department of Social Services to take immediate action to prevent welfare recipients from being able to access state-provided cash benefits from ATMs in gambling establishments. "I will use every available power I have to protect taxpayers from waste, fraud and abuse in government," the governor said. "I urge the Legislature to pass more aggressive laws preventing benefit recipients from withdrawing cash assistance at casino and other gambling location ATMs that I will sign as soon as it hits my desk." (Sources: Los Angeles Times, June 24; News release from Governor's Office, June 24.)

    (Cal-Tax recommendation: The Legislature should follow the governor's suggestion, and all state officials should investigate ways to prevent misuse of state funds with the same intensity as the Times reporters who uncovered this hole in the state's welfare system.)

  • State Sends One-Cent Payments to Counties, at a Cost of 71 Cents Each. The state has reduced its Williamson Act subventions to counties so drastically that some counties received a single penny when the annual checks arrived this month. The state distributes the funds electronically, at a cost of 71 cents per payment. Six of the payments were for amounts less than 71 cents.

    Williamson Act funding was cut from $38 million to $1,000 – an amount that was divided among 47 participating cities and counties. (Source: Los Angeles Times, June 18.)

    Cal-Tax recommendation: This appears to be a unique circumstance, and it is likely that addressing the situation would cost a great deal more than the amount of wasted money in question. However, if there is a simple, no-cost way to consolidate small payments to avoid this situation in the future, state officials should do it. Every penny counts.

  • Bell City Council Members Paid Nearly $100,000 for Part-Time Service. The Los Angeles County District Attorney's Office is investigating why members of the Bell City Council are being paid $8,083 a month for their part-time service on the council. A letter from the district attorney notes that under state law and based on population, part-time city councils should be paid $400 a month.

    The district attorney's representative said it appears that members of the City Council are receiving a base salary of $150 per month, and then are inflating their pay by nearly $8,000 a month by receiving salaries for serving on various bodies including the Community Redevelopment Agency, Public Finance Authority and Surplus Property Authority. The population of Bell is approximately 40,000.

    Bell's vice mayor said the $8,083-a-month figure is misleading, because it includes the cost of medical insurance, retirement and other benefits. (Source: Los Angeles Times, June 24.)

    Cal-Tax recommendation: District attorneys throughout the state should examine whether other city councils are engaging in similar shenanigans.

  • Los Angeles County Probation Workers Escaped Discipline Because of Missed Deadlines. Los Angeles County's Office of Independent Review, asked in March by the Board of Supervisors to examine the internal investigation functions of the Los Angeles County Probation Department, has found that the department has "a number of significant problems," including employee discipline cases that had to be dropped due to missed deadlines.

    "Our review of this 6,000-member department revealed a number of significant problems in the units most directly involved with internal investigations and administrative discipline," the panel said. "We discovered inordinate delays in completing and reviewing internal investigations. As a result, in at least 31 cases over the past two calendar years, the department may well be unable to discipline sworn employees who violated policy because it was unable to complete the cases on time."

    The review said those cases "are only emblematic of a wholesale systems breakdown in which over half of all disciplinary cases were completed five days or less shy of the statutory one-year deadline." This caused victims, complainants, subject employees, and department managers in over half the cases to wait almost a year before the cases were finalized. "The bottlenecks that caused the delay derived primarily from bureaucratic inefficiencies, insufficient tracking, and weak case management," the review found.

    In the Internal Affairs unit, the review found "quality deficiencies in the investigations and a clear need for training in basic investigative skills to professionalize their methods and work product." In the Performance Management unit, the review found "significant holes in documentation and an obscure, inconsistent process of case evaluation and discipline decision-making."

    "When we asked why some seemingly counterproductive procedures exist, we often heard, 'That's the way we've always done it,'" the report said.

    On the plus side, the investigators stated: "During our review, we observed a department already actively engaging in reforms on many fronts with the assistance of the County offices of the CEO, the Auditor/Controller and Human Resources. The Probation Department's managers have already modified some aspects of their process during our review as a result of our continuing dialogue with them. We hope that the receptive attitude we encountered from its leaders will continue to sustain the Department through this dynamic period of challenge and reform." (Source: "Evaluation and Recommendations Concerning Internal Investigations at the Los Angeles County Probation Department – A Special Report by the Office of Independent Review, County of Los Angeles," June 2.)

    Cal-Tax recommendation: The Probation Department should continue its efforts to improve its internal workings, and the Board of Supervisors should keep up the pressure for meaningful reforms.

  • State Auditor Says School District Used $451,000 Inappropriately. The state auditor reported June 15 that the San Dieguito Union High School District's (San Diego County) has generally used its bond funds appropriately, but spent $451,000 for inappropriate purposes.

    The money was spent on relocatable facilities that were used as administrative offices rather than as classrooms, and for housing and demographic studies.

    The auditor also stated that "although the school district's responses to public requests for records usually met legally mandated deadlines, deficiencies in the school district's records often prevented us from determining whether the school district provided the requested documents."

    The spending involved money generated by bonds that are repaid through a special tax levied on the owners of property located within the district. (Source: California State Audit Report 2009-116, June 15.)

  • San Diego Official Promised to Take Pay Cut, but Says Oversight Kept Full Salary in Place. The San Diego Union-Tribune reports: "The San Diego city auditor, in charge of holding officials accountable for how they spend taxpayer money, neglected to sign documentation that would have led to his overall compensation being reduced by $5,000 during the past year. Eduardo Luna, who was hired in 2007 but became the city's first independent auditor last year, had promised to take a 6 percent pay cut along with nearly 10,000 other employees to help solve a budget crisis. But Luna took only about half the proposed cut after he failed to sign paperwork to change the city's matching contributions to a retirement account."

    The issue became part of a larger City Council discussion June 14 after an internal document showed that the promised benefit changes had never been applied. Councilman Todd Gloria then questioned whether Mr. Luna had indeed taken the full 6 percent reduction in compensation as required by his contract.

    Mr. Luna took responsibility for the mistake and said he is working to reimburse the city for the roughly $5,000 he received. He said he overlooked signing the form and didn't realize his error until he was notified in April.

    Under his contract, Luna makes $168,000 annually. He intended to give up two separate city matches to his retirement account, which would have saved the city $10,080. Half of that total didn't require any action on his part. Because the money involved was a city match, there was no change in his take-home pay, and Mr. Luna said he had no reason to believe he wasn't complying with his promise to take the cut. (Source: San Diego Union-Tribune, June 15.)

    Cal-Tax recommendation: We applaud Mr. Luna for owning up to the mistake and promising to reimburse the city, and we hope that this situation prompts all city officials to keep a closer eye on employee pay issues.

  • Department of Public Health Fails to Collect Fines from Nursing Homes and Hospitals, New Audit Finds. The Department of Public Health failed to collect more than $15 million in penalties and fines that would have benefited both state and federal coffers, according to a state audit released June 17.

    The department, which is responsible for licensing and monitoring health care facilities, is authorized to impose a civil penalty if a health care facility is not operating within compliance of state or federal regulations. Penalties collected are deposited into a special fund for the State Health Facilities Citation Penalties Account or the Federal Health Facilities Citation Penalties Account. The collected penalties and fines are used to protect patients from abuse or neglect. The audit reviewed the department's operations between 2003 and 2007.

    The state auditor recommended a number of changes, including changing state laws regarding how penalties are imposed and adjusting the penalty to reflect inflation. The auditor also recommended requiring the department to deposit penalties into an account that generates interest. Other recommendations suggested making sure that funds are not based on poor estimates and that facilities are surveyed every two years, as required by state law, to ensure that the facilities meet state and federal compliance. (Source: California State Audit Report 2010-108, June 17.)

    Cal-Tax recommendation: The auditor's recommendations should be followed. Monitoring the quality of nursing homes is important, and state officials should improve their process for doing this work.

  • In Orange County, Government Lobbyists Spent $1.1 Million to Lobby Other Government Officials. The Orange County Register's OC Watchdog blog reports: "A tally of lobbying expenditures for just eight local governments in Orange County shows that $1.1 million was spent on government-to-government influence-peddling, reports the Orange County Grand Jury in its ominously-titled 'Lobbying: The Shadow Government.'"

    The biggest spender was the Orange County Transportation Authority, spending $336,000 on lobbyists. In second was the county itself, spending $240,000. Other government agencies spending big on lobbying included: the Orange County Water District, $120,000; the Orange County Sanitation District, $110,000; the Municipal Water District of Orange County, $80,000; the Orange County Fire Authority, $60,000; the Orange County Employee Retirement System, $40,000; and the Orange County Clerk-Recorder, $30,000.

    The blog noted that this spending is just the tip of the iceberg: "When you consider that just about all of OC's governments – 34 cities, and 28 school districts, and 31 special districts, and four community college districts – employ lobbyists, well, it's clear we're talking about millions upon millions of dollars spent just so one branch of government (that's supposed to be working for We The People) can ask for something from another branch of government (that's also supposed to be working for We The People)." (Source: Orange County Register's OC Watchdog blog, June 10.)

    Cal-Tax recommendation: Government agencies at all levels should reduce or eliminate lobbying expenses and redirect the money to programs that serve those in need. Government officials are elected to represent the people in their districts, and should be expected to be aware of their constituents' needs without being lobbied by other elected officials.

  • L.A. Controller Says Department of Water and Power Tried to Extort the City Council. Los Angeles City Controller Wendy Greuel released an audit June 10 blasting the Los Angeles Department of Water and Power for claims the department made during a dispute over whether it could afford to transfer $73.5 million to the city to help with budget problems.

    "I can say with 100 percent certainty that the DWP did have the $73.5 million available to transfer to the City, and could have done so without putting itself in ANY financial jeopardy," Controller Greuel said. "My audit lays out in detail that none of the reasons given by the DWP for refusing to transfer the money are supported by facts. As of April 1, the DWP's Power Revenue Fund had approximately $752 million dollars in it, more than enough money to transfer the $73.5 million to the City."

    The controller also said the department did not need a controversial Energy Cost Adjustment Factor increase to complete the revenue transfer, as it had claimed.

    On April 5, the DWP sent a letter to Controller Greuel giving five reasons why it "could not transfer" the $73.5 million.

    "It's hard to look at these numbers and not say that the DWP was trying to extort the City Council into passing its proposed ECAF increase," the controller said. "This audit is clear, there needs to be greater transparency at the DWP. The insulated culture and the lack of accountability in the Department must change. The DWP has lost the trust of the public through this debacle and it will require dramatic steps over the coming months and years to rebuild the confidence of the ratepayers." (Source: Report from the Office of the Los Angeles City Controller, June 10.)

    Cal-Tax recommendation: While taking money from the Department of Water and Power in order to address the city's general fund imbalance may or may not be a good idea, the proposal should be decided based on sound data and reliable reports from all government staffers. We applaud the city controller for looking into the department's claims and speaking out strongly about the problems she discovered.

  • State Auditor Finds Lack of Transparency in Program for Low-Income Women. The state auditor reported June 10 that the Department of Public Health's administration of the Every Woman Counts (EWC) program has been lax in several respects.

    The auditor found:

    • Contrary to its previous claims, the Department of Public Health has a great deal of flexibility to use existing EWC program funds to provide screening services to women. "We estimate that had Public Health redirected one-half of the amount it spent on various contracts for nonclinical activities in fiscal year 2008-09, it could have dedicated nearly $5.1 million to pay for screening activities," the auditor wrote. "This funding would have allowed more than 41,500 additional women to obtain services from EWC."

    • The department's ability to redirect funds is hampered because it cannot easily identify funds it uses for activities that do not directly support women. "Public Health's ability to identify and redirect funds toward activities that directly support women is hampered by the fact that Public Health cannot determine how much its contractors spend on other activities," the auditor reported. "For example, Public Health spent more than $10 million on various contracts with local governments and nonprofit organizations during fiscal year 2008-09; however, it does not know how much these contractors spent on each contracted activity."

    • The department does not provide the Legislature with estimates of the number of women it expects to serve in a fiscal year, even though it provides this information to the federal government to secure federal funds.

    • The department has not fully complied with certain aspects of state law. Specifically, it has not developed regulations that implement the EWC program – nearly 16 years after the program began – nor has it evaluated the effectiveness of the EWC program in annual reports to the Legislature (since 1994, only one report has been submitted). "This lack of information on the effectiveness of the EWC program limits Public Health's ability to advocate for appropriate funding and hampers the Legislature's and the public's ability to exercise oversight," the auditor said.

    Spending nearly $52.1 million in fiscal year 2008-09, the EWC program provides funding for breast and cervical cancer screening services for low-income women. During fiscal year 2008-09, Public Health provided EWC services to nearly 350,000 women. Under the EWC program, medical providers submit claims to the state for the screening services they provide to women enrolled in the program.

    The auditor also found that funding the program will likely be more difficult in the future in part because it relies on a declining revenue source – the tobacco tax. (Source: State Auditor Report: "Department of Public Health: It Faces Significant Fiscal Challenges and Lacks Transparency in Its Administration of the Every Woman Counts Program," June 10.)

    Cal-Tax recommendation: The state needs to increase oversight of this program and all others, and staffers should rededicate themselves to providing their important services in the most transparent and cost-effective manner possible.

  • L.A. Probation Department Can't Verify Where Funds Were Spent. The Los Angeles Probation Department's lack of financial oversight makes it impossible to determine how it is spending its $630 million annual budget, according to a review by the county's chief executive officer. The CEO, William Fujioka, said, "The problems of this department are shocking."

    The review was initiated to determine whether the department had properly used $79.5 million in county funding for improving juvenile halls, camps and management. The CEO reported that "because of the inadequacy of Probation's records," it is "not able to verify … whether all of the funds were expended for their intended purpose."

    A review of the department's Downey facility found that 146 of the 548 employees reported to be working there were actually deployed elsewhere. (Source: Los Angeles Daily News, June 7.)

    Cal-Tax recommendation: County supervisors have indicated that they will follow up on this report by making sure the Probation Department improves its oversight of taxpayers' money. Los Angeles County residents should maintain pressure on their elected officials to make sure this follow-up occurs.

  • During Budget Crisis, University of California Adds to Ranks of Highly Paid Senior Officials. The San Francisco Chronicle reports: "It has been a period of austerity at the University of California, with layoffs, across-the-board pay cuts and fee hikes. Yet some UC employees earned significantly more money in 2009 than in 2008, with two more million-dollar earners added to the payroll, new salary data show. The number of UC employees classified as 'senior officials' – earning more than $214,000 in total compensation – rose 6.3 percent, to 3,184 from 2,996 people. Lucrative overtime pay also rose sharply. Employees earning more than $10,000 in OT climbed 79 percent, to 2,733 from 1,531 employees."

    The paper noted that UC's top overtime earner, an operating room nurse at UC San Francisco Medical Center, took in nearly $97,000, boosting her total compensation to more than $320,000. The figures come from payroll data for 250,249 people paid by UC in calendar year 2009, and from UC's new report on executive compensation. (Source: San Francisco Chronicle, June 3.)

    Cal-Tax recommendation: Clearly, operating room nurses are crucial employees who deserve fair compensation, but massive overtime spending raises red flags about possible management problems. State lawmakers should review the UC's pay and management policies as they craft the new state budget.

  • Grand Jury Says San Diego Schools Misspent $100,000. The San Diego County grand jury has uncovered the misuse of $100,000 in student funds within the San Diego Unified School District, and is recommending heightened oversight and fraud detection.

    The grand jury found that Associated Student Body funds were used for a staff Christmas party at a magnet school, and for staff mugs, polo shirts and other unauthorized expenses. The panel also reported that some schools illegally charged student fees – for everything from band instruments to cheerleading uniforms – for decades. (Source: San Diego Union-Tribune, June 2.)

    Cal-Tax recommendation: The school district says it has already taken steps to correct some of the problems, but residents should attend school board meetings and maintain pressure on school officials to make sure they address the problems. Especially during times of budget upheaval, school officials should do everything they can to make sure money is going to vital classroom instruction for students, and is not being squandered on perks for adults.

  • San Francisco Spends $175,000 to Move a Small Shrub. San Francisco Chronicle columnists Phillip Matier and Andrew Ross have uncovered a doozy: San Francisco taxpayers recently paid $175,000 to move an 8-inch-tall, 20-foot-wide shrub. They write: "Money may not grow on trees, but it sure cost taxpayers a bundle to move a bush that was found growing in the path of the Doyle Drive rebuild. Not just any bush – this was the Franciscan manzanita, a city native that was thought for 60 years to be extinct until the bush was spotted late last year. With the final bills in, the cost of moving the bush in January came to $175,000 – $140,000 to dig up and move the shrub, and $35,000 for "support" services from geological, botanical and climate experts in preparation for its new home in the Presidio less than a mile away."

    Cal-Tax recommendation: San Francisco officials need to find out how it could possibly cost $140,000 to dig up and move a shrub, and then must eliminate the waste that caused the price tag to grow like a weed.

  • Audits Reveal Waste in L.A. County Departments. Auditors in Los Angeles County recently released a report documenting 101 cases of fraud that occurred from June through December of 2009. The cases were discovered after auditors reviewed calls made to the county's fraud hotline. The hotline generates about 500 tips every six months.

    Some of the findings:

    • An employee in the Department of Public Social Services obtained personal and confidential information for 82 welfare recipients. The information was obtained during home visits to the recipients and from the department's computer systems. The employee, Trang Dinh, reportedly used the information to file fraudulent income tax returns and refunds totaling $100,000.

    • Los Angeles County's Beaches and Harbors and Library departments paid $842,000 for custodial and janitorial services that were never performed. The departments had a contract with a phony company. When the fraudulent contract was discovered, the owner of the "maintenance company" was arrested and convicted of a felony. He has been ordered him to pay back the county.

    • Three county Fire Department officials played golf during work hours, but claimed a full work day on their time card. One official went as far as to claim overtime. Two of the officials were not disciplined. Previous employee regulations allowed employees to report a full work day as long as the employee worked at least one hour.

    • Fire Department Deputy Chief Helen Jo received a reprimand for hiring one of the county official's future sons-in-law. According to the audit, Ed'ward Rhone was overpaid and received more benefits that most new employees are entitled to. Since the audit was performed, the employee was transferred to a more demanding position to justify his pay. (Source: Los Angeles Times, May 27.)

  • Nearly $1 Million in County Purchases Unaccounted for in Orange County. A report by Orange County Auditor-Controller David Sundstrom reveals that county staff can't account for nearly $1 million in items purchased with taxpayers' money. The report said 60 big-ticket items – including a covered trailer, laser printers and LCD projectors – cannot be accounted for.

    Mr. Sundstrom said the majority of the missing items are electronics that are so old that they are no longer valuable. "That's true," the OC Watchdog blog said. "All but two of the items are more than 6 years old: An enclosed trailer bought in January 2005 for $20,741.88 was reported missing to county supervisors on February 3, 2009, (and) a VHF radio transceiver, bought in October 2007 for $8,429.91 is missing."

    The most expensive item on the list was a pharmacy dispensing machine purchased for more than $152,000 in 1999. An official in the county's Health Care Agency said the device was traded in to the manufacturer. (Source: Orange County Register's OC Watchdog blog, May 25.)

    Cal-Tax recommendation: The county needs to tighten up its recordkeeping and oversight. The list of missing items includes many expensive items that are not easily misplaced, including a $5,500 oven at the sheriff-coroner's office, a $95,000 film imagesetter at the Department of Public Works, and a $12,600 steam generator at the Health Care Agency. County officials should know whether the equipment was traded in, junked or stolen, or else they won't be able to do an adequate job of safeguarding the taxpayers' money.

  • County Builds $23 Million Pet Shelter, Then Ponders Closing the Facility. The Sacramento Bee reports on one of the more remarkable examples of poor long-range planning: "Six months after unveiling its $23 million shelter for unwanted dogs and cats, Sacramento County is contemplating getting out of the animal care business, a county executive acknowledged Thursday. The county has dismissed its shelter director, Pat Claerbout, and on Thursday met with area officials to discuss the possible consolidation of animal care services across the region."

    The county has faced deficits for three consecutive years, and a county official said, "Unless we come up with a different revenue stream, the current model (for sheltering abandoned animals) is not sustainable."

    "The gleaming new shelter on Bradshaw Road opened to fanfare in October," The Bee reports. "It was publicly financed, and the county inherited a $1.6 million annual bond obligation on the building." (Source: The Sacramento Bee, May 28.)

    Cal-Tax recommendation: Consolidating animal care services with city-run facilities sounds like a good idea, and the county also should consider eliminating its fiscal planning staff, since the taxpayers don't appear to be getting any benefit from their services. In addition to building a pricy high-end animal shelter when keeping it open should have been a foreseeable challenge, the county supervisors decided in mid-2007 to spend $295,000 on a handful of sculptures to beautify the building. The county needs to examine its priorities.

  • State Auditor Reports Problems at the Department of Health Care Services. In a report released May 27, the state auditor revealed several problems at the California Department of Health Care Services.

    The auditor reviewed the administration of the California Medical Assistance Program treatment authorization request (TAR) process, and found that the Department of Health Care Services:

    • Is not processing drug TARs within the legal time limits for prescriptions requiring prior approval (the auditor found that the department took longer than the allowed 24 hours to respond to 84 percent of manually adjudicated drug TARs in fiscal year 2007-08, and 58 percent in fiscal year 2008-09). The auditor stated: "Further, it has interpreted the 24-hour limit in law improperly to mean the next business day. Using this interpretation, Health Care Services could assert that it processes a TAR within the next business day even though it could take as long as 96 hours, depending on when the TAR was received."

    • Does not monitor its processing times for prior-authorization medical TARs even though state law requires those to be processed within an average of five working days.

    • Manually adjudicates all medical TARs, including those rarely denied.

    • Did not consider administrative costs to process TARs associated with service categories with low denial rates in its previous analyses.

    • Does not separately track costs related to administering the TAR process.

    The auditor reported that the department "is missing opportunities to streamline the provision of California Medical Assistance Program (Medi-Cal) services and improve its level of service."

    The report continued: "Overall, Health Care Services' data indicates that the TAR process as a whole saves substantially more money in avoided paid claims to Medi-Cal providers than it costs to administer. There are compelling reasons for Health Care Services to perform a cost-benefit analysis of the segment of its TAR process associated with service categories with low denial rates, but it has not done so. Our analysis reveals that Health Care Services may have spent $14.5 million annually – 40 percent of its total TAR-related expenditures – processing roughly 4 million medical TARs with denial rates of less than 4 percent in fiscal years 2007-08 and 2008-09. Consequently, the cost of processing this population of TARs is high. Health Care Services performed limited analyses that considered the costs and benefits of its TAR process. These analyses did not contemplate whether administrative costs to process TARs for service categories with low denial rates were greater than or equal to how much it saved, in the form of costs avoided by denying inappropriate services."

    The department told the auditor that it generally agrees with several recommendations for improvement, and will take various corrective actions. However, the department indicated that it does not plan to change its "next business day" practice for adjudicating drug TARs, because the offices where TARs are processed are not staffed 24 hours a day. The department also indicated that its attention to requests that are seldom declined has a deterrent effect, helping the state stop Medi-Cal fraud. (Source: California State Auditor report, May 27.)

    Cal-Tax recommendation: The department, which does serve an important role in deterring Medi-Cal fraud, should follow the auditor's recommendations to improve its services, and should follow the state and federal laws regarding deadlines for responding to treatment authorization requests.

  • Bay Area Public Employees Help Push Local Governments Into Bankruptcy. While many Bay Area local governments are nearly bankrupt, a Santa Clara County Grand Jury reported May 26 that public employee compensation has far outpaced cost-of-living expenses, pay granted to similar private-sector positions, and revenues generated by local governments. The 33-page report charged city councils with bending to local unions to favor public employees, rather than the funding needs of their cities.

    The report notes that public employee salaries have continued to rise "even when the economy struggles." Since 2000, most public employees' wages and pensions have increased 37 percent, while fire and police officer compensation has increased 41 percent.

    San Jose Mayor Chuck Reed and City Councilmen Pierluigi Oliverio and Pete Constant have recently called for city employees to accept a 10 percent cut in pay and benefits. They said the report backs up their position.

    The report said that the primary compensation problems are that many employees are not required to contribute much to their employer health plan, employees are given large "cash-out" bonuses for unused sick leave and vacation time, and that retirement pension benefits have been increased 25 percent to 50 percent. Menlo Park voters will have the option of scaling back public employee retirement benefits this November, since the City Council decided to place a pension reform measure on the ballot.

    Public employee unions criticized the report's methodology and claimed that the conclusions are ill-informed. (Source: San Jose Mercury News, May 27.)

    In related news, the Contra Costa Times reported that a new database has been developed by the Bay Area News Group to let people view and search public employee salaries. The database shows that taxpayers paid $12.2 billion to fund the salaries of government workers in 109 government agencies in the Bay Area last year.

    The database points out several examples of employees making several hundred thousand dollars per year. For example, Nancy Farber, chief administrator of a hospital in Fremont, received $847,811 (her pay dropped $30,000 from 2008); Charles Keohane, a San Francisco policeman, received $516,118; and Jana Dolnikova, a doctor at a Santa Clara hospital, was paid $507,748. (Source: Contra Costa Times, May 24.)

    Cal-Tax recommendation: Massive salaries for government workers are not sustainable, and they make it difficult for local governments to provide quality services for residents who need them. Every local government should take a hard look at its salaries and benefits, and should correct problems that have been allowed to grow.

  • UC Planning to Cut $500 Million of Administrative Waste. At a University of California Board of Regents meeting on May 19 in San Francisco, university officials presented a plan to cut administrative waste by $500 million. UC President Mark Yudof said the university wastes money by being too decentralized.

    A recent study commissioned by UC Berkeley found that that campus alone could save $93 million to $135 million through operational efficiencies (see Cal-Taxletter of April 16).

    President Yudof said: "If we can agree (to consolidate) some of those things we can save a lot of money and put it back into students and faculty and staff, which is where it belongs in the first place."

    Nathan Brostrom, the executive vice president for business operations, said: "It is imperative that we re-examine now the way we operate both as a system and campuses."

    Russell Gould, chair of the Board of Regents and a former director of finance under Governor Pete Wilson, said that this efficiency push is a top priority.

    One area of potential savings is purchasing, where UC spends $4 billion a year on supplies. UC Chief Financial Officer Peter Taylor said that in the past, each campus ordered its own supplies and from different suppliers. Centralization of some purchases can result in lower prices. He said he has already saved $48 million in this area and believes savings of an additional $100 million are possible. Citing another example of savings, Mr. Taylor said he was shocked to find that almost every employee in the UC's Office of the President had his or her own printer. Mr. Taylor said that since he started work there, he has gotten rid of 400 printers, saving UC $300,000 in ink, equipment and maintenance – though that still leaves a staff of 700 with more than 200 printers, or one printer for every three or four workers.

    (Cal-Tax has been calling for the elimination of waste as a top priority and recently published an expansive report on waste and fraud.) (Sources: University of California Press Release, May 19, The Sacramento Bee, May 20.)

  • Local Government Employees Doing Well – One City Manager Makes $460,000 a Year. The Orange County Register's OC Watchdog blog reported May 17 that a compensation study by graduate students from Brandman/Chapman and Pepperdine universities found that city managers are doing quite well in that area.

    In addition to determining the standard salary, benefits, deferred compensation and pension contributions, the students asked the county's 34 cities how much was spent on the city manager's vehicle purchase/payments, car insurance, car repair, car maintenance, gasoline, cell phone equipment and usage, toll road fees, in-home computer/office equipment, dues and subscriptions, travel and meetings, payouts for unused vacation and sick leave.

    The most highly compensated city manager in Orange County is not from Anaheim or Santa Ana -- its largest cities -- but from one of its smallest cities: Bruce Channing of Laguna Hills, at $460,809, the report says.

    In the two largest cities, Anaheim's David M. Morgan received $317,923, while Santa Ana's David N. Ream received $327,074.

    Earning the least is the executive of Villa Park. The city manager there works 32 hours a week and receives $170,920.

    "This study may well serve as a wake-up call to citizens to question the adequacy of municipal financial data," Barbara Kogerman writes in a forward to the report that her students prepared. "'Transparency,' a popular buzz-word among politicians, is easy to claim but difficult to find; obscurity is the more common practice."

    Meanwhile, the Daily Post of Palo Alto reported May 17 that top officials in the Burlingame Police Department will receive 2 percent salary hikes for three years, despite the city's budget problems.

    The current average salary for a sergeant is $139,532 plus benefits, while a police captain receives $180,852 plus fringe benefits. (Sources: OC Watchdog blog and Daily Post, both May 17.)

  • Audit Says S.F. Transit System Could Save $3 Million a Year by Managing Employees Better. San Francisco's Municipal Transportation Agency could save at least $3 million a year by eliminating driver-friendly work rules and reining in overtime, according to an audit released May 11 by the San Francisco Board of Supervisors' budget analyst.

    An unusually high level of operator absenteeism is expensive and creates unreliable service at San Francisco's financially flailing transit agency, the audit found.

    Under the current rules, drivers have a financial incentive to call in sick and skip a regularly scheduled day because they can still work overtime and earn time and a half, even if they have not worked 40 hours that week, according to the audit.

    The rate of unscheduled absenteeism for San Francisco's operators is 15 percent, compared with 11 percent in Philadelphia, 6 percent in Los Angeles and 4 percent in Seattle, the audit found.

    The audit comes three days after the agency cut service by 10 percent to save an estimated $29 million a year. The agency, with a proposed annual operating budget next year of $750 million, already has raised transit fares and parking fees to help balance the books.

    The auditor recommends that when management negotiates its next contract with the Transport Workers Union, it curb overtime costs by forcing operators to work 40-hour workweeks before they can earn overtime. The audit also recommends that Muni save $608,625 per year by not paying the salaries of six of the seven operators who work full-time on union duties.

    Muni management's inability to use part-time drivers also caught the attention of auditors. Because peak demand for service is during the morning and evening commutes, overtime is used to keep full-time operators on the clock to cover both rush-hour periods. Many drivers, meanwhile, are pulled off the road during off-peak hours and put on paid, nonproductive standby. Standby time, ranging from a few minutes to six hours, is built into 49 percent of Muni's 1,278 regularly scheduled weekday runs. (Source: San Francisco Chronicle, May 12.)

    Cal-Tax recommendation: City officials should take the auditor's recommendations, and should take control of their employees in order to deliver better service to residents at the same or lower cost. Since transit workers' have a generous pay provision written into the City Charter, voters should support a proposed ballot measure that would remove this provision and ensure that management regains more power when bargaining future employment contracts with the transit workers.

  • Lottery Officials Get Taken Out to the Ball Game. California State Lottery Director Joan Borucki and her staff bilked taxpayers by using $3,000 in department funds to travel to several Los Angeles Dodgers and San Francisco Giants baseball games, according to an investigative report by CBS News in Sacramento.

    Out of every dollar raised from state lottery funds, 34 cents is intended to go to education. The department justified the staffers' attendance at the baseball games by claiming that the lottery director is a public figure and since the lottery is a baseball sponsor, it makes sense for the department to attend the baseball games.

    Assemblyman Hector De La Torre, chair of the Assembly Committee on Accountability and Administrative Review, said the department has lost sight of its core mission.

    In addition to paying for the baseball games, the $3,000 went toward travel claims for mileage, meals, a $189-per-night hotel room, and a meeting with a state senator in his Southern California district. Assemblywoman Alyson Huber, a member of the oversight committee, said: "There are telephones. I don't know why those meetings have to take place in person in Southern California." (Source: CBS 13 News, On the Money, May 10.)

    (Cal-Tax recommendation: Even if California wasn't facing a deficit of approximately $20 billion, each state agency should be ensuring that available resources are used where they are most effective in serving the public. State policymakers must continue to press state agencies on how they are spending their resources. This oversight can be accomplished during department budget hearings and during fiscal reviews.)

  • San Luis Obispo County Paid Half a Million to Workers on Leave. The Tribune of San Luis Obispo reports that over a three-year period, the county paid $519,460 to 60 employees who were on leave while their work performance was being investigated. The figure comes from a civil grand jury report on the county's disciplinary procedures.

    The grand jury found that the average administrative leave lasted 31 work days. Because of personnel confidentiality rules, the grand jury did not identify those who were placed on leave.

    The discipline system was found to be "appropriate," but the grand jury recommended that the county increase its training of managers. Supervisors "occasionally fail either to notice or to document employee behavior that falls short," the grand jury wrote. It cited three cases in which employees were marked satisfactory, "when subsequent investigation revealed that the behavior had been unacceptable."

    Grand jurors said they did not know whether this was due to an oversight by the supervisor, a failure to document inadequacies, "the supervisor did not have the courage or the skill to provide the employee with honest feedback," or some other reason. (Source: The Tribune, May 12.)

    Cal-Tax recommendation: Despite the lack of names in the report, the media reported that some of the leave was paid to people who made headlines for inappropriate behavior, including a woman who was let go for failing to disclose that she was in a relationship with a union official with whom she was negotiating a county contract. This raises the question of whether all employees should be placed on paid leave during investigations, or whether some wrongdoing is so obvious that there is no need to take the precaution of paying the employee during the investigation. To the extent that it is possible to do so, the county should keep its options open.

  • Students Shut Out of College Aid Due to School District's Error. The Ventura County Star reports: "Some Oxnard Union High School District seniors did not receive state grants in their college financial aid packages because the district provided incorrect graduation dates for them. As many as 1,500 students might have been affected, officials said. The mistake is being fixed, but at least one student said it led her to turn down her dream school for one that would be less expensive."

    Adding insult to injury, the newspaper reported that the error was discovered at Pacifica High School in April, but the school district did not act quickly once it was informed of the error by Pacifica's principal. The error wasn't addressed by the district until after May 1, when students nationwide must tell colleges that accepted them whether they are planning to enroll.

    The mistake happened when a worker put 2008, instead of 2010, as the graduation date for this year's seniors on forms sent to the California Student Aid Commission. That made those students ineligible for Cal Grants, which the commission distributes, said Martha Mutz, the district's assistant superintendent for educational services.

    Cal Grants provide up to $4,026 a year for a California State University campus, $7,788 for the University of California and $9,708 for private universities. The grants are provided on a sliding scale, but they generally go to lower-income students.

    The Student Aid Commission has assigned three people to re-enter information for the approximately 1,500 students affected, said Tae Kang, Cal Grant operations manager. Mr. Kang added, "We get mistakes like this every year, but not usually of this magnitude."

    Some schools have announced that they are open to appeals from students who turned down acceptance offers due to financial worries caused by the error. (Source: Ventura County Star, May 12.)

    Cal-Tax recommendation: This is the same district that last week was ordered by a jury to pay $5,700 in damages to the family of an autistic student whose lunch money was stolen on a daily basis by a teacher's aide. Clearly, the district needs to improve its oversight of staff, before any more students are robbed of lunch money or the opportunity for financial aid.

  • Audit Shows City of Los Angeles Misplaced 45 Percent of Purchases. A new audit reports that the city of Los Angeles, facing a budget deficit of $222 million, has misplaced hundreds of purchased items worth a total of almost $1 million. Auditors also found that the city spent taxpayer dollars on many items that were unneeded and sat in storage.

    Auditors could not locate 115 items (45 percent of the items purchased by the city), including a $60,000 video camera purchased by the Los Angeles Information Technology Agency (ITA).

    The audit also found that ITA and the Los Angeles Recreation and Parks Department purchased 138 items that were unneeded, including some that have remained in storage for more than seven years. These items include refrigerators, stoves, a swimming pool heater, a deep fryer, two televisions, nine microwaves, and several computers and printers. The unused items in storage are worth $237,000. (Cal-Tax: Of course, a seven-year-old computer isn't worth much now.)

    City Controller Wendy Greuel said: "With the city facing such a large budget deficit, it's essential that any equipment that we are able to purchase is easily located if needed and utilized immediately. It's critical that we keep tight controls on the city's scarce resources. Unfortunately, we found in this case that no one was minding the store."

    Ms. Greuel offered several recommendations: departments should update their inventories at least once a month when assets are disposed or transferred; departments should conduct biennial physical inventories of all equipment, as required; guidelines should be developed for departments to follow when conducting physical inventories of the city's assets; departments should use purchased items by putting them into service as soon as possible, and such items should not go into storage upon being purchased; departments should develop policies to monitor and track assets that cost less than $5,000 and are susceptible to theft or loss; and departments should place identification tags on every asset owned by the city, to assist in the inventory process. (Source: News release from Los Angeles City Controller, May 3.)

    Cal-Tax recommendation: Other cities and counties should follow Controller Greuel's lead and review recent purchases. It is critical that officials conduct oversight of taxpayer dollars, especially in times of fiscal hardship. The audit included a number of recommendations that all local governments should follow.

  • State Agency Defeats Purpose of Stimulus Funds by Delaying Use of $135.6 Million. The California Emergency Management Agency (Cal EMA) has yet to distribute $135.6 million in federal stimulus funds received nearly eight months ago, according to a new report from the state auditor. Cal EMA claims that it will be able to distribute the funds by late 2010-11.

    The report also highlighted a lack of organization at Cal EMA, noting that the agency has no organized strategy, policies or procedures to distribute the funds, and the agency has failed to consistently report its administrative costs to the federal government.

    Last year, the federal government enacted the Recover and Reinvestment Act of 2009, which awarded states $2 billion (California received $225.3 million). Cal EMA was responsible for allocating 60 percent of California's funds ($135.6 million), and the remaining $89.7 million was appropriated to local governments from the U.S. Department of Justice. The Recovery Act says that funds granted to states should be spent as soon as possible to ensure that the funds achieve their purpose of stimulating the economy.

    State Auditor Elaine Howle recommended that Cal EMA expedite its process of granting funds to recipients, plan out what type of workload is needed to grant the funds to recipients, and improve its activities to ensure that funds are awarded in accordance with federal standards. (Source: California State Auditor report, May 4.)

    Cal-Tax recommendation: The auditor's report, along with previous reports about the improper handling of federal stimulus funds, should be required reading for all members of Congress.

  • More Than 33 Percent of San Francisco City Employees Paid Over $100,000. When San Francisco's taxpayers ponder where their tax dollars are going, they need to consider the following: according to the San Francisco Chronicle, one in three city workers was paid more than $100,000 last year. That figure includes overtime, but excludes benefits such as health care and pensions.

    The paper reported that out of 27,000 people who work for the city of San Francisco, 9,487 reached the six-figure club. The average city worker salary was $93,000, according to Deputy City Controller Monique Zmuda.

    Steve Falk, president and chief executive officer of the San Francisco Chamber of Commerce, said state Employment Development Department data shows that city workers earn 20 percent more than those in the private sector. In addition, they have significantly better health and pension benefits.

    Bob Muscat, head of the Professional and Technical Engineers Local 21, said, "City government is becoming increasingly technical and more sophisticated, and you have to pay for the talent."

    San Francisco is facing a $483 million deficit in 2010-11. (Source: San Francisco Chronicle, April 26.)

    Cal-Tax recommendation: Salaries and benefits should be brought in line with job responsibilities and private-sector standards, so more tax dollars can be freed up to help those truly in need.

  • High-Speed Rail Authority Has Weak Financial Oversight, State Auditor Finds. In a report released April 29, the state auditor says the California High-Speed Rail Authority is plagued with "inadequate planning, weak oversight, and lax contract management."

    The agency is responsible for managing funds authorized for building a high-speed rail network in California. The funding includes $9 billion in general obligation bonds that the voters authorized in November 2008.

    The state auditor found:

    • The authority's 2009 business plan estimates it needs $17 billion to $19 billion in federal funds. However, the authority has no federal commitments beyond $2.25 billion from the American Recovery and Reinvestment Act of 2009, and other potential federal programs are small.

    • The authority's plan for spending includes almost $12 billion in federal and state funds through 2013 – more than 2.5 times what is now available.

    • The authority does not have a system in place to track expenditures according to categories established by the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, its largest source of committed funding.

    • The authority has not completed some systems needed to administer Recovery Act funds – for example, a system to track jobs created and saved.

    • Some monthly progress reports issued by the authority's contracted program manager to provide a summary of program status contain inconsistent and inaccurate information.

    • Authority staff paid at least $4 million of invoices from regional contractors received after December 2008, without having documented written notification that the program manager had reviewed and approved the invoices for payment.

    • The authority paid contractors more than $268,000 for services performed outside of the contractors' work plans, and purchased $46,000 in furniture for one of its contractor's use, based on an oral agreement contradicted by a later written contract.

    "To ensure that it does not run out of funds for administrative and preconstruction tasks prematurely, the Authority should track expenditures for these activities and develop a long‑term spending plan for them," the auditor recommended. "It also should develop procedures and systems to ensure that it complies with Recovery Act requirements."

    Curt Pringle, chairman of the authority, responded that that agency will take action to improve oversight and planning.

    However, Mr. Pringle took issue with the report's title: "High-Speed Rail Authority: It Risks Delays or an Incomplete System Because of Inadequate Planning, Weak Oversight, and Lax Contract Management." He said the "inflammatory title is overly aggressive considering that the contents of the audit's findings are not equally scathing."

    Political columnist Dan Walters of The Sacramento Bee described the threat to taxpayers: "There is a fundamental conflict between voters being told that if they approved the bonds the bullet train would be self-supporting, without operating subsidies, and the apparent requirement for 'revenue guarantees,' which probably could come only from tapping a state budget that's already awash in red ink and/or imposing some new special tax." (Sources: California State Auditor Report 2009-106, April 29; The Sacramento Bee, April 30.)

    Cal-Tax recommendation: This is the latest report indicating that the High-Speed Rail Authority is not using sound estimates of revenues and expenses for its budget projections, and critics believe this is a sign that the project is on a fast track to failure. We recommend that the agency start using realistic numbers – and err on the side of caution – to protect the taxpayers from getting stuck holding the bag.

  • Auditor Finds More Than $300,000 in Errors in City of Menifee. An auditor reported this month that the city of Menifee (in Riverside County) has a severe lack of internal financial controls that has left the city open to potential fraud since it became a city in July 2008.

    The city-commissioned auditor reviewed six of the city's 31 contracts and took issue with more than $300,000 in billing errors caused by overbilling, backbilling, delayed billing, double payments or unauthorized payments.

    Councilman Scott Mann, who had pushed for the audits, said, "When you consider the accounting firm only reviewed six of the city's 31 contracts, the prudent man and the prudent taxpayer would have to ask, 'Are there additional errors out there that we need to fix?'"

    Among the auditor's findings:

    • An administrator was paid at an hourly rate of $140 to $145, when $130 was the maximum allowed in a contract. This resulted in a $16,500 overpayment in a 10-month period.

    • A subcontractor billed the city for $27,171 for labor hours that had no corresponding timesheets.

    • The city manager who awarded contracts was simultaneously serving as a manager of a subcontractor that received contracts, and received bonuses based on the company's performance.

    • Contracts for $236,900 and $56,600 were awarded without the required City Council approval.

    City officials said they were troubled by both the depth and the breadth of the oversight problems. (Source: Riverside Press-Enterprise, April 16.)

    Cal-Tax recommendation: It goes without saying that the city's remaining contracts should be audited as soon as possible. City officials reacted to the audit by indicating they will institute real checks and balances to safeguard the taxpayers' money, and the city's residents should hold their elected officials accountable to make sure the needed reforms actually occur.

  • Ventura Reaffirms Increase in Firefighters' Pensions. The Ventura City Council voted 4-3 on April 26 to reaffirm an increase in firefighters' pension benefits, despite a city budget shortfall of approximately $7 million.

    The deal, originally approved in August 2008, increases retirement benefits from "2 percent at 50" to "3 percent at 55" (allowing a rank-and-file firefighter to retire at age 55 with a pension equal to 3 percent of his or her last year's pay, multiplied by years of service). This will cost the city $548,271 in additional pension contributions in 2010-11, and will increase the city's unfunded liability for public safety pensions from $46 million to more than $50 million.

    After the change was passed in 2008, firefighters agreed to postpone the effective date until July of this year. Members of the Ventura County Taxpayers Association lobbied the City Council to ask firefighters for another postponement, but the council rejected that plan.

    Council members who voted to keep the deal in place said they had no choice, because the previous vote was legally binding and changing the deal now would lead to litigation. The firefighters' current contract expires December 31, so negotiations for the next contract will begin soon. (Source: Ventura County Star, April 26.)

    Cal-Tax recommendation: The next contract should not be so generous with taxpayers' money. While firefighters should be fairly compensated for the difficult and dangerous work they do, their benefits should not be so high that they jeopardize the city's ability to stay solvent.

  • San Francisco "Premium Pay" Rewards Cost $86 Million. In addition to their regular salary, San Francisco city employees get $86 million in "premium pay." This extra amount can be amassed by employees who obtain extra education or serve for a number of years. (It is not for overtime worked, which is another big ticket item in the city's budget.)

    For example, the $20 million of premium pay that goes to members of the Fire Department raises their average annual salary, before overtime, to $111,699 per year. Many engineers get an extra 7.5 percent pay boost for knowing how to repair heating and air conditioning systems. Bus drivers get an extra 8 percent for working after 6 p.m. and before 6 a.m. (this is not overtime, but extra pay for working unpopular hours), and 50 cents per hour extra for working in the same division for more than five years, plus free fitness club enrollment. (Source: Phillip Matier and Andrew Ross in the San Francisco Chronicle, April 19.)

    Cal-Tax recommendation: The city should take a close look at whether this added cost for taxpayers is providing any real benefit to the people of San Francisco.

  • Orange County Retirement System Makes $228 Million Mistake. The computer system responsible for determining the cost of future pension benefits to Orange County employees suffered from an "anomaly" and underestimated the county's total pension liability by $228 million, county officials acknowledged. The "anomaly" occurred when the system was being programmed in 2003. When staff installed the computer program, they had the Orange County Employees Retirement System compute data based on faulty assumptions.

    In regard to how the problem will be corrected, OCERS Chief Executive Officer Steve Delaney said: "There are a number of accounting process options available for dealing with the gains and losses as they occur each and every year. We are currently exploring appropriate funding methods with the assistance of our actuary and will discuss those in more detail at our May Board meeting." (Source: Orange County Watchdog, April 21.)

    Cal-Tax recommendation: The county should tighten up its financial oversight, and should determine why it took seven years to discover a computer glitch that threw the books off by $228 million.

  • Tax Dollars for Job Creation Instead Spent on Trips to the Boardwalk. The San Francisco Chronicle reports: "Federal stimulus dollars intended for job creation in Oakland were spent instead on trips to the Santa Cruz Beach Boardwalk and a Concord water park, rent, church repairs, bus passes, salaries and car allowances, according to a state review."

    Oakland, which has a 17.7 percent unemployment rate, received $3 million last year for summer youth, adult and dislocated worker programs. But more than $830,000 of the money received under the American Recovery and Reinvestment Act from February to December 2009 was not properly accounted for or was misspent, according to the state Office of the Inspector General.

    In addition, state auditors found that the city inflated the number of jobs created, claiming 35 when only about six jobs were created with the stimulus dollars.

    Laura Chick, the state inspector general overseeing federal recovery dollars, found that stimulus funds were passed down from a city agency, the Oakland Workforce Investment Board, to a nonprofit, the Oakland Private Industry Council, which took control of the money despite the fact that the group had no valid contract with the city from July 2009 until earlier this month.

    Questionable spending included:

    • $2,806 given to the Spanish Speaking Citizens Foundation for food and field trips to the Santa Cruz boardwalk, Waterworld California and Washington Park in Alameda.

    • $5,415 given to the Alameda County Youth Development program for staff salaries, benefits and bus passes.

    • $9,100 given to the Watkins Memorial Church of God for salaries, maintenance and repairs, and rent.

    Auditors had trouble tracking money in part because the Industry Council drew stimulus funds based on arbitrary estimates rather than actual expenditures, Ms. Chick's report said. (Source: San Francisco Chronicle, April 21.)

    Cal-Tax recommendation: The federal government and the city should put some oversight measures in place, and funds should not continue to go to agencies who have misused the tax dollars they previously received.

  • Consultants Find Millions of Potential Savings at UC Berkeley. The University of California's Berkeley campus could save $93 million to $135 million with operational efficiencies, according to a new report by Bain and Company, a consulting firm hired to find waste. The report urges university officials to make an effort "to capture at least $75 million in annual operational cost savings."

    There are five big areas of what the San Francisco Chronicle refers to as "bloat." They are:

    • Management Overstaffing. The consultant sees savings of $40 million to $55 million by reducing management overstaffing. "The university has many layers (11) and relatively narrow spans of supervisory controls (average of 4.4)," the report states. In fact, 55 percent of supervisors have three or fewer direct reports.

    • Inefficient Purchasing. Fragmented purchasing is undermining campus buying power. There is a lack of standards for commonly purchased goods, and spending is fragmented across thousands of vendors – 75 percent more vendors per dollar than at benchmark institutions. The consultants estimate potential savings of $25 million to $40 million in this category.

    • Student Services: Productivity Varies Significantly and Programs Overlap. The consultant believes $15 million to $25 million in potential savings are possible by reforming the $220 million spent on student services. Productivity varies significantly, and more than 50 different services are offered with instances of overlapping programs and functions across differing units.

    • Information Technology Standards Lacking. The campus spends $130 million on information technology and there are savings of $10 million to $16 million possible in this area. There are few standards, and procurement leads to increased costs. IT staff and decisions are decentralized, causing higher institutional cost and risk.

    • Energy Consumption Above Average. A big surprise is that at a campus where environmental issues are stressed, energy consumption is not systematically measured and managed. Consumption is slightly above average compared to other California universities. A potential savings of $3 million to $4 million can be achieved in this area.

    Berkeley Vice Chancellor Frank Yeary said: "We will get push-back in certain quarters. But the fact that the state has so consistently disinvested in our organization … most people really appreciate the need to change."

    Professor Chris Kutz, chair of the Faculty Senate, said, "We've been a very decentralized, sluggish bureaucracy for a long time."

    Liza Kemish, statewide vice president of the University Professional and Technical Employees Union, said, "I imagine we'll want to talk with each other and develop a coordinated plan to fight back." (Sources: Report by Bain and Company, "Achieving Operational Excellence at University of California, Berkeley," and San Francisco Chronicle, April 13.)

    Cal-Tax recommendation: The public should be outraged that it has taken a budget crisis to force the university to operate efficiently. The university should be doing this as a steward of taxpayer dollars. It also is upsetting that public employee unions fight efforts to eliminate waste. We recommend that the state push for follow-through on the problems identified in this report, and that other campuses be examined, as well. It is more likely than not that similar studies at other UC campuses would turn up waste of a similar magnitude.

  • State Wasted $13 Million on Prison Drug Program, Auditor Says. A report from the inspector general for the state prison system says California wasted at least $13 million last year through inefficiencies in the way it delivers prescription drugs to prisoners.

    The audit was initiated based on pharmacy staff who approached inspectors from the Office of the Inspector General during a regular review of prison facilities. The staff was "concerned about the sheer amount of wasted medication in prison pharmacies," the report said.

    The report continued: "This report highlights the results of our review and focuses on waste in prison pharmacy operations in four areas: the failure to restock millions of dollars in unused medications each year; the lack of adherence to the formulary, which is an approved list of medications, resulting in millions of dollars overspent on medications each year; the functionally unreliable computerized pharmacy inventory system that bears no relation to the actual stock of medications at any prison pharmacy; and the inconsistent practices among prisons when transferring inmates with medications, resulting in excess medications that are most often destroyed. Contrary to expectation, there are almost no procedures for identifying and restocking medications. This managerial void costs taxpayers at least $7.7 million, and very likely close to $20 million, every year. In addition, due to the absence of oversight, CDCR clinicians routinely prescribe non-formulary medications, costing taxpayers at least another $5.5 million in 2009 alone."

    Additional costs were incurred for staff time "as pharmacists find ways around the state-wide computerized inventory system, a system so unreliable that pharmacists prefer to rely on handwritten tallies," the report said. And in the absence of consistent medication transfer procedures when inmates are transferred among prisons, prison pharmacies routinely generate unnecessary prescription refills, which are often destroyed. Since more than 100,000 inmates on medications are transferred among California's state prisons each year, with each of those inmates receiving an average of 5.5 prescription medications, the report said "the costs of filling and destroying unnecessary and unused prescriptions are tremendous."

    The federal receiver who oversees prison medical care said he is making many of the changes recommended in the report, including using more generic drugs and improving tracking of prescriptions. (Sources: The Sacramento Bee, April 14; report from Office of the Inspector General, April 15.)

    Cal-Tax recommendation: The inspector general should review the situation later this year to ensure that the problem areas are being addressed, and state officials should review any other program that purchases and distributes prescription drugs to ensure that similar waste in not occurring there, as well.

  • San Diego Throws Away $31,000 in Discounts. An audit of San Diego city departments found that the program used to purchase goods and services to meet emergency needs is inefficient and wasteful. City Auditor Eduardo Luna said the program has a cumbersome process, a lack of timely payment for invoices, and no requirement that departments set aside money to pay for purchases before placing orders.

    The auditor said vendors offered the city nearly $53,000 in discounts if it paid invoices in a timely manner, but a poor tracking system led to the city losing nearly $31,000 of those discounts. (Source: San Diego Union-Tribune, March 31.)

    Cal-Tax recommendation: The city should take the auditor's advice, which is to eliminate the program and replace it with one that is efficient and has effective controls.

  • Ban on Lawn-Watering Blamed for Water Main Breaks in Los Angeles. The Los Angeles Times reports: "A blue-ribbon panel of scientists said (April 13) that the high-volume water main breaks that bedeviled Los Angeles last summer and fall were caused in part by the city's restrictions on lawn watering, and their findings could force the city to remake its strict water conservation policy."

    In June, the city limited the use of lawn sprinklers to Mondays and Thursdays. Officials said the restrictions were successful, as in February, Los Angeles had its lowest recorded water use in 31 years.

    However, the fluctuations in water pressure "accelerated the metal fatigue failures of aged and corroded cast-iron pipes," the report found. From July through September 2009, the city recorded 101 major breaks that flooded streets, damaged property and wasted countless gallons of water. There were 42 such breaks in the entire year of 2008 and 49 in 2007.

    The Times noted that in one break, a water main under Coldwater Canyon Avenue in Studio City exploded, "sending a 10-foot gusher of water and mud into the air." The paper continued: "Homes and businesses were flooded. The street, a major thoroughfare connecting the San Fernando Valley and the Westside, was closed for a week. Less than 72 hours later, another main burst in Valley Village, creating a sinkhole that swallowed half a firetruck that responded to the call."

    Damages from just the Studio City break have led to 108 legal claims against the city. (Source: Los Angeles Times, April 13.)

    Cal-Tax recommendation: Next time, consult with the experts before passing restrictions. This ill-designed effort will be costly for the city's taxpayers, who already have watched water flow through the streets while their lawns turned brown.

  • Districts Spending Millions on Error-Filled Math Textbooks. If you are an elementary school student in the Sacramento Unified or Folsom-Cordova Unified school districts, your new math textbook instructs you that "3 x 5 = 5." That's not the only mistake – fourth-grade students have documented 90 errors in the books.

    The two districts spent $1.9 million combined on the new math books. It is likely that many other districts in California also have wasted hard-earned taxpayer dollars on the books.

    Teachers also are weighing in. A teacher in Sacramento Unified said the district had a wonderful program with Saxon Math and replaced it with an inadequate one. (Source: The Sacramento Bee, April 1, but not an April Fools' Day joke.)

    Cal-Tax recommendation: Schools are trying to blame the publisher, but someone in the school districts should take some responsibility for thoroughly checking a textbook before spending $1.9 million on it. If the districts had done their homework, they could have refrained from purchasing the books with the errors, and could have purchased another series. On a more fundamental basis, when schools are strapped for money and cutting important instructional programs, why buy new books? Schools should make the old books last a year or two longer, especially in a subject like elementary school math, which does not change much from year to year.

  • Public Employees Get Big Bucks in Palo Alto. It is good to be a public employee in Palo Alto. Not only is it a wonderful place to live, but financially, it is very rewarding.

    Overtime pay is up 17 percent in 2009 (from $4.7 million to $5.5 million) – a major increase during a tight budget year. Ryan Stoddard, a fire apparatus operator, earned $77,000 in overtime, giving him a total of $172,000 in take-home pay. Fire Chief Nick Marinaro blamed the situation on the fact that more firefighters than usual were out on disability leave.

    For employees hired before 1983, there is a generous policy allowing them to cash out unused sick leave and vacation time. A janitor for the city, Ted Schroder, got $106,000 added to his 2009 salary of $50,000. He also gets a full pension and lifelong health coverage.

    Despite efforts by City Manager James Keene to rein in expenses in 2009, the city's total payroll grew by approximately $1 million, due largely to raises and payouts negotiated in prior years. (Source: Palo Alto Times, March 24.)

    Cal-Tax recommendation: The city should learn its lesson, and should put tighter restrictions on overtime, coupled with more fiscally responsible salaries and fringe benefits.

  • School Superintendent Gets Huge Payment to Leave One District, Then Gets Hired by Another District and Leads it to Failure. The State Board of Education recently made history by taking over two school districts for academic and leadership failures. The story of how one of the districts arrived at this embarrassing juncture is a textbook example of mismanagement in the public education system.

    The district is the Alisal Union School District in Salinas. The superintendent of the district is Esperanza Zendejas, who formerly was superintendent of the East Side Union High School District in San Jose.

    Ms. Zendejas was forced out of the San Jose district in 2005, after two years on the job, and was given a $337,000 severance deal. Her hand-picked personnel director succeeded her, until he recently was forced out over allegations of what the San Jose Mercury News described as "financial shenanigans."

    After getting the massive severance deal, Ms. Zendejas joined the Salinas area district, where her job performance again led district officials to seek her ouster. The Alisal board asked her to resign, but she refused. The board got her to leave, but only by rehiring her as a $14,000-a-month "consultant." While paying this generous sum, the district also hired an interim superintendent for $168,000 a year.

    Now, the State Board of Education has sent a trustee to take over the district, with the agency citing the school district's failure to progress toward educational standards. The state board also said the district's leaders have problems "managing adult relationships." (Source: San Jose Mercury News, April 4.)

    Cal-Tax recommendation: School boards should do a better job of hiring superintendents, and should not offer severance deals that waste taxpayers' money.

  • Grand Jury Finds Big Problems at Small Water Agency. The Sacramento Bee reports: "Citing years of dysfunction, the Sacramento County grand jury is pushing for an overhaul of the Rio Linda/Elverta Community Water District. On Monday, the grand jury released the findings of its investigation into the district, which serves 18 square miles in northern Sacramento County. The investigation found that political squabbling, lawsuits and wasted taxpayer money are crippling the district and threatening public health and safety."

    The grand jury report stated: "The conduct of the board of directors has been deplorable. It has wasted taxpayers' dollars at the same time that it has brought disrepute on the District. … Since they have failed repeatedly in the past, there is no reason to believe that they will be successful in the future. The only hope for the District is that major changes are enforced."

    The grand jury found numerous problems, including low pressure, unsafe drinking water, questionable spending and apparent conflicts of interest on the part of the board of directors.

    For example, the grand jury found that residents conservatively pay an extra $100 per year in insurance premiums for single-family homes partly because of the fire hazard that low water pressure poses.

    Criticizing the agency's use of tax dollars, the grand jury reported: "Currently the district only has six employees and has never had more than ten employees; yet the District has spent hundreds of thousands of dollars on labor negotiations and employee lawsuits." (Source: The Sacramento Bee, April 6.)

    Cal-Tax recommendation: Local officials should get involved and fix the problems, and there should be more oversight in the future.

  • State Not Following Its Own Law Against Trashing Electronic Devices. The CalWatchdog investigative reporting service writes: "Despite a state auditor's report and a 4-year-old state law that prohibits consumers from throwing old and broken electronic devices into the trash, many state agencies are apparently still throwing computers, television sets, radios, printers, copiers and cell phones into the trash rather than putting them through special recycling efforts."

    A reporter went through reports filed by state agencies from July to December 2009 and found many examples of improper disposal, including: the Department of Corrections junking 228 television sets or computer monitors, 235 computers, 127 printers or copiers, 13 phones and two microwave ovens; the Department of Forestry and Fire trashing 137 computers, 23 televisions, 42 printers, 50 cell phones, seven computer batteries and one microwave. (Source: CalWatchdog, March 31.)

    Cal-Tax recommendation: The state should strengthen its oversight to make sure agency employees are not trying to evade the very laws that the state government forces the private sector to comply with.

  • UPDATE: Los Angeles Supervisors' Slush Funds Aren't Illegal, County Prosecutors Say. Los Angeles County prosecutors said April 6 that county supervisors did not break the law when they spent millions of tax dollars on pet projects without a public vote or public discussion.

    The Los Angeles Times reports: "The district attorney's inquiry began in response to a complaint received last month after The Times detailed some of the $3.4 million per year that each of the five supervisors receives to spend at his or her discretion."

    Deputy District Attorney David Demerjian, who oversees the district attorney's Public Integrity Division, said: "I made a determination that there was statutory authority for the board to adopt a budget. Within their legislative function, it is their right to determine how the budget should be divided up."

    Nor did the supervisors violate the state's open meetings law, the prosecutors said, because supervisors have delegated authority to the county's chief executive officer to make the individual expenditures dictated by the supervisors. (Source: Los Angeles Times, April 7.)

    Cal-Tax recommendation: The budget for the District Attorney's Office is set by the Board of Supervisors, so there may have not been the same level of scrutiny applied as there would have been if a truly independent entity examined the spending. If the spending is, in fact, allowed by law, then the law should be changed immediately to ensure that taxpayers' money cannot be spent without a public, recorded vote.

  • Los Angeles Supervisors' Spending Is Under Investigation. The Los Angeles Times, which recently reported on Los Angeles County supervisors using $3.4 million slush funds without any votes to authorize the spending, now reports that prosecutors are examining whether the spending was a violation of the law.

    Supervisors have been using the money for parties, donations to local groups, drivers, and to buy places for themselves in "who's who" books.

    The head deputy district attorney said he has assigned two prosecutors to look into the spending. "One is reviewing whether supervisors violated the state's open meeting law by spending the funds without a public vote," the Times reported. "The second is examining whether supervisors had the legal authority to spend the money."

    The newspaper also reported that supervisors used to vote on donations, "until the 1990s, when the contributions dropped off the public meeting agendas apparently without explanation."

    Questionable spending included $25,000 by Supervisor Mark Ridley-Thomas to pay for a reception for a for-profit exhibit organized by a long-time friend, television and radio host Tavis Smiley. (Source: Los Angeles Times, March 19.)

    (Cal-Tax recommendation: This investigation is good news to Los Angeles taxpayers, who deserve to know where their tax dollars are going.)

  • Worker Claims Retaliation After Helping Auditors. An employee at California's Prison Health Care Services agency has filed suit against a manager, alleging that she was intimidated and threatened for cooperating with state auditors on improper contracting practices by the receiver's office.

    The complaint was filed last year, and was recently heard by an officer of the State Personnel Board. A ruling has not yet been issued.

    The Sacramento Bee reports: "Susan Lew, a contract manager who filed the complaint, said Director of Administrative Services Mitzi Higashidani retaliated against her after Lew disclosed information on a $26.7 million information technology contract signed without competitive bidding."

    State Auditor Elaine Howle said in a 2009 report that Prison Health Services "created an environment that discourages Corrections' staff working both inside and outside Prison Health Services from raising concerns about its contracting."

    Ms. Lew, who was demoted after helping the auditor, is seeking reinstatement to her old job with back pay, along with reimbursement for stress and a transfer to another agency. She also wants Ms. Higashidani to be disciplined. (Source: The Sacramento Bee, March 25.)

    (Cal-Tax recommendation: We will wait for the case to be decided before declaring anyone guilty, but the claims made in this case do seem consistent with the way state whistleblowers have been treated in the past. If Ms. Lew wins her case, the taxpayers will have to pay for her manager's mistakes, but there may be long-term savings if other potential whistleblowers are encouraged to report government waste, fraud and mismanagement.)

  • Rocklin Gives Early Retirement Deals to City Managers, Then Rehires Them. The city of Rocklin recently gave generous early retirement packages to nine managers in an action described as a salary savings maneuver. However, The Sacramento Bee reports that "rather than sending the retirees off with some cake, the city rehired them for their old roles – as part-time employees."

    Under this arrangement, City Manager Carlos Urrutia will receive $170,000 a year from his California Public Employees' Retirement System pension, even while earning $139,000 from the city as a part-time employee. His total take-home pay will be $309,000, up from his former base pay of $230,000.

    When the managers "retired," Rocklin gave them two years of service credits to boost their pensions, making the double-dipping even more costly.

    City officials say that because the city no longer will be paying medical benefits for the managers, and will not have to contribute any more to their retirement, the city will save more than $700,000 – addressing an immediate cash-flow problem. But Wally Reemelin, president of the League of Placer County Taxpayers, said it is "utterly ridiculous" that "the city is in financial hardship and they give these gold-plated deals to them." (Source: The Sacramento Bee, March 15.)

    (Cal-Tax recommendation: How about just eliminating some unneeded management positions, filling others will lower-paid employees, and cutting back on overly generous benefits? Shuffling employees around does not address the long-term problems, and simply adds to the public perception that government cares more about padding government workers' wallets than about protecting taxpayers.)

  • Sacramento School District Hires Six-Figure Spokesman While Teachers Get Pink Slips. The Sacramento City Unified School District recently handed out 738 pink slips to teachers, notifying them of the possibility of being laid off later this year, but that didn't stop the district from hiring a new spokesman for $114,178 per year.

    Former Sacramento River Cats spokesman Gabe Ross will fill the newly created "chief communication officer" position. Former school spokeswoman Maria Lopez left the district last week to take a job as a communication associate for the California Department of Education, which is having budget problems of its own.

    In an unintentionally ironic statement, Mr. Ross said, "It's a time of great need in the district, and I am looking forward to bringing my experience and expertise to schools when we desperately need all the resources possible." (Source: The Sacramento Bee, March 14 and March 17.)

    (Cal-Tax recommendation: Schools should examine their priorities and focus on their primary duty – educating students. In a time of budget shortfalls, keeping dollars in the classroom should be a higher priority than hiring a six-figure public relations expert to put out press releases saying more money is needed.)

  • Defeated City Councilman Gets Unemployment Benefits. Further evidence that some local officials consider elective government posts as "jobs" rather than public service, John Nunez, a Rosemead city councilman ousted by voters in March 2009, was paid $11,250 in state unemployment insurance compensation. The city protested, but the generous bureaucrats in the Employment Development Department said the city needed to pay the claim.

    The EDD's action, which came despite a clear provision of state law that prohibits unemployment payments to "elected officials" (Section 634.5 of the Unemployment Insurance Code), has caught the attention of two state senators.

    Legislation to spell out to the EDD that "elected officials" include local elected officials (SB 1211, Romero and Dutton) is pending in the Senate Labor and Industrial Relations Committee. (Source: Text of SB 1211; California Unemployment Insurance Code; Los Angeles Times, March 10.)

    (Cal-Tax recommendation: The governor should determine who at the Employment Development Department decided not to follow the law, and should take action to make sure it doesn't happen again.)

  • Santa Clara County Hires $100,000 Consultants to Provide Same Services That $20 Million Consultants Recently Provided. Santa Clara County's chief executive, Jeff Smith, recently signed a $100,000 contract with two consultants who are charged with scouring the Valley Medical Center's finances and finding a way to keep the county-run hospital afloat. The San Jose Mercury News reports: "The contract comes less than a year after another consulting group, hired for $20 million to provide a strikingly similar service, delivered its recommendations to the county."

    Mr. Smith said the previous work is no longer useful because rapid changes in the economy have made the county's financial situation even worse. The new $500-an-hour consultants will provide an updated financial review and, according to the Mercury News, will suggest "a plan to increase income."

    Joy Alexiou, spokeswoman for Valley Medical Center, told the newspaper that $60 million in savings were realized as a result of recommendations in the $20 million analysis, but Mr. Smith disagreed. (Source: San Jose Mercury News, March 11.)

    (Cal-Tax recommendation: The county should give the original plan a chance to work. The original plan for increasing the hospital's efficiency was written during very bad economic times, so it should remain valid despite worsening conditions, and the hospital's representative indicates that the recommendations are paying off. The county shouldn't spend $100,000 to reinvent the wheel, especially when the county's stated goal is to cut back on unnecessary spending.)

  • Despite Massive Deficit, Santa Barbara County Spends Big on Remodeling Offices and More. The Santa Barbara County Board of Supervisors is facing an estimated $40 million budget shortfall this year, and is considering cutting as many as 400 jobs – but that hasn't stopped the supervisors from spending big on non-essentials, including $18.4 million for two new county buildings and an office remodel for the public defender.

    Other recently approved expenses:

    • A retirement incentive program that has cost the county and assorted departments an estimated $13.5 million.

    • Creation of the Gaviota Coast Rural Regional Plan, a $1.4 million, four-year project to establish a blueprint for the future development of rural areas.

    • A "climate action strategy" that will cost an estimated $500,000.

    • Creation of a new countywide energy financing district that will cost $1 million.

    • A $40,000 allocation to seasonal homeless shelters.

    • A $15,000 bill to test ocean water quality.

    However, the Santa Maria Times reported that on March 10, supervisors "showed a rarely seen frugal side" and postponed action on a request for $350,000 for the first new computer system the treasurer-tax collector has had in more than 30 years. The board asked for more details, and postponed a decision until March 23. (Source: Santa Maria Times, March 7 and March 10.)

    (Cal-Tax recommendation: The county needs to get its priorities straight. It has spent millions on unnecessary new buildings, including $5.5 million for a new Board of Supervisors hearing room, while letting a vital computer system get so outdated that the county's tax collection system is in jeopardy of failure. The Santa Maria Times reported that "the mainframe is antiquated, and the only employees who know how it works are retiring." In 2008, the system overheated and it took two field engineers and internal staff members several days to diagnose and repair the computer because the hardware is so old.)

  • Los Angeles Supervisors Continue Spending Millions on Parties, Chauffeurs and Other Non-Essentials. The Los Angeles Times reports: "As Los Angeles County supervisors prepare to carve deeply into everything from public safety to social services, they also are spending millions in taxpayer dollars to burnish their public images, pay for chauffeurs, hold parties for friends and lobbyists and support pet projects. Each supervisor receives $3.4 million a year to spend as he or she sees fit, without any public vote or scrutiny."

    The spending includes:

    • $200,000 by Supervisor Zev Yaroslavsky to support his new website.

    • $25,000 by Supervisor Mark Ridley-Thomas to buy a place in "Who's Who in Black Los Angeles."

    • $99,000 by Supervisor Don Knabe for an armed driver.

    The Times reported that supervisors and county workers have not been cooperative when asked for documentation of where the money has been spent, and generally refused to be interviewed. Still, the newspaper obtained a significant amount of information after filing a Public Records Act request.

    The paper reported: "According to the records, Los Angeles County leaders gave a total of $4.8 million to outside groups in the last 28 months – sometimes boosting their public profiles or benefitting people to whom supervisors had personal or political ties. Antonovich's name is emblazoned on the schedules of soccer leagues he supports, and Knabe is listed as a benefactor in many nonprofit newsletters." (Source: Los Angeles Times, March 10.)

    (Cal-Tax recommendation: These slush funds must be abolished, immediately. There is simply no justification for the supervisors to be authorized to spend a combined $17 million per year without any vote or public accountability.)

  • San Francisco Library Spends Money on Social Worker Instead of Books. The main branch of the San Francisco Public Library has become the first known library in the nation to hire a full-time social worker – for $85,000 a year – to help homeless people.

    (Cal-Tax: It is interesting to note that in 1978, as Californians were preparing to go to the polls to vote on Proposition 13, the San Francisco libraries posted signs reading: "NOTICE! If Proposition 13 passes on June 6, the San Francisco Public Library WILL CLOSE EFFECTIVE JUNE 30, 1978." The library not only survived, but has expanded with a multimillion-dollar improvement program, and now is doing well enough to hire a social worker.)

    An Associated Press report explains that the library "is near a neighborhood of single-room occupancy hotels, soup kitchens and other service providers for the very poor." The story continues: "Some mornings, just after it opens, the library seems to have more people who appear to be homeless – wearing half their clothes and carrying the rest – than not."

    The San Francisco Chronicle describes the library's situation in more detail: "There has long been an unwelcome footnote at the San Francisco Main Library in the Civic Center: homeless people who hang out among the shelves, sometimes cursing loudly or threatening others. The bathrooms often have proved downright scary, with people doing drugs, bathing in the sinks and having sex in the stalls. Patrons' comments collected by the library over the past couple of years include, 'The Main Branch library, while well-intentioned, looks like a homeless shelter inside and out.' And, 'The homeless are driving me and many of my professional friends away.'" (Sources: Associated Press, February 22; San Francisco Chronicle, January 11.)

    (Cal-Tax recommendation: The city should differentiate between the library and a homeless shelter, rather than hiring a social worker and further blurring the lines. Turning the library into a homeless shelter is a disservice to taxpayers who want to use the library for its intended purpose, and a disservice to homeless people who would receive more compassion and care at a true shelter.)

  • Orange County Spent $842,450 on Failed Information Technology Plan. Orange County spent $842,450 to create an information technology plan that leaves out critical information and fails to guide the policymakers who are considering the county's future technology needs, according to a report from the county's performance auditor. "The plan does not achieve its intended purposes: to serve as an actionable road map for countywide IT operations and investments over the next five years," according to auditor Steve Danley's report.

    For example, the plan does not discuss outsourcing, even though that option has been weighed, nor does the plan include any metrics to measure progress toward implementing a strategic IT plan.

    The county's IT chief disputed the findings of the auditor.

    This is not the first time Orange County has been criticized for its handling of technology. In December, Mr. Danley reported that the county had awarded $45 million in no-bid contracts relating to IT projects during a four-year period. In 2006, a $6 million computer mainframe was delivered to the county before the supervisors even voted to approve the spending. (Source: OC Watchdog, February 24.)

    (Cal-Tax recommendation: The county already has taken the wise step of calling for audits of IT spending, and supervisors should be ready to act on the findings of the auditor, before more money is wasted on flawed plans or more contracts are awarded without competitive bids.)

  • Teachers’ Union Sues to Get School District to Pay Teacher for Five Days at Family Reunion. The Folsom-Cordova Teachers Union wants taxpayers to pay for the five days that teacher Edith Hiatt took off work to attend a family reunion. Claiming the union's bargained contract with the school district requires Ms. Hiatt to be paid, the union filed suit in Sacramento Superior Court in January.

    Mark Schultz, president of the teachers' union, said, "We have a contract and we feel it should be honored."

    Steven Nichols, a district spokesman, said: "We don't want teachers to go on vacation in the school year, during instructional time. It's an additional cost we cannot afford to spend, especially right now."

    (Cal-Tax: However, the issue is not that clear-cut. Most school boards have caved in to teachers’ unions, and now give time off with pay for "personal necessity," usually amounting to five to 10 days a year. Considering that teachers get ample vacations over summer, two weeks off at Christmas, a week at spring break and Easter, as well as sick leave, allowing additional time off for "personal necessity" is a big boondoggle. The issue in this case is whether attendance at a family reunion is a "personal necessity.") (Source: The Sacramento Bee, March 5.)

    (Cal-Tax recommendation: School boards should not expand the opportunities for teachers to get full pay for not teaching. This is the hidden underbelly of school finance – when schools are promoting additional taxes and students are demonstrating around the state, this benefit and many others like it should be mentioned as areas where savings are possible.)

  • Tulare County Misspent $1 Million in Federal Stimulus Funds. State Inspector General Laura Chick reported March 2 that a Tulare County agency improperly spent $1 million in federal stimulus money.

    The Tulare County Workforce Investment Board spent the money on rent, equipment, utility bills and other overhead, when most of the money should have been used for summer jobs for at-risk youth.

    Ms. Chick criticized the accounting practices of the agency, saying, "Problems included miscoded revenues, erroneous journal entries, inappropriate allocation methodology and shifting of expenses."

    Among other things, the agency recorded expenditures for only $2,079,039 of the $6,847,084 in Recovery Act funds that were received.

    Ms. Chick said: "We've been told not to worry by officials at the Federal Department of Labor and the State Employment and Development Department. They feel that the (Workforce Investment Board) will reconcile these discrepancies and make the accounting adjustments at the end of the 2011 fiscal year. While this might be legal and might make sense at the end of the day, this kind of confusing and convoluted accounting flies in the face of the intent and spirit of the Recovery Act." (Source: March 2 letter from Laura Chick to Governor Arnold Schwarzenegger and to the Tulare County Workforce Investment Board.)

    (Cal-Tax recommendation: Obviously, Tulare County needs to tighten up on its accounting procedures. We commend Ms. Chick for continuing to be the government's most outspoken critic of waste and mismanagement.)

  • State Employees Getting Millions for Cashing Out Unused Vacation Time. A number of state employees are getting millions of dollars for unused vacation time above limits set by the state to prevent abuse of the system.

    A study by Chase Davis of California Watch, published in The Sacramento Bee and San Francisco Chronicle, said, "State personnel officials acknowledge that at least $100 million, and perhaps tens of millions more, was paid between 2006 and mid-2007 to retiring state employees who went over the state cap."

    The state has a set limit of 80 days' worth of unused vacation days that can be converted to cash on retirement – a very generous benefit in itself. State workers get between 10 days and 30 days a year of vacation, depending on the type of leave, bargaining unit and length of service.

    As of December 2008, more than 14,000 employees on the payroll have banked vacation days in excess of the cap.

    One worker got more than $800,000 in compensatory and vacation time.

    According to the report, "In one case, James C. Tudor Jr., the former president of the State Compensation Insurance Fund, cashed out six times more vacation time than regulators allow, taking home more than $550,000 after he was fired in 2007 in the wake of an internal probe that 'uncovered serious abuses at the highest levels,' according to state Senate documents." (Sources: San Francisco Chronicle and Sacramento Bee, February 28.)

    (Cal-Tax recommendation: The limit should be adhered to, in every case. The over-the-limit payouts and accompanying pension spikes are costing the taxpayers dearly, and this abuse of the system must stop.)

  • Millionaires' Tax Fails to Help Foster Children. A new study shows that the "Millionaires' Tax" approved by voters in 2004 with passage of Proposition 63 does not provide mental health services to the extent promised during the campaign.

    Known as the Mental Health Services Act, Proposition 63 imposed a 1 percent tax on personal incomes over $1 million. Revenue generated by the tax is intended to be used on mental health services.

    A study released by the University of San Diego School of Law shows that children in state foster-care programs are in need of mental health programs – however, the funds raised by Proposition 63 to date have gone to prison inmates and toward destigmatizing mental illnesses, rather than to help these children. The study argues that foster children are in need of mental health services because they are more likely than their peers to commit suicide, serve jail time, drop out of school or be homeless.

    (Cal-Tax recommendation: Voters should scrutinize how money from new tax initiatives will be used. In this case, convicted felons are getting preference over foster children – a priority that most voters likely do not share. Meanwhile, the tax is adding to California's status as a high-tax state, thereby reducing employment opportunities for former inmates, teenage foster children and all other Californians.)

  • Paper Calls for Cutting "Explosive" Growth in UC Senior Management. The University of California needs to slow the "explosive growth in senior management," The Sacramento Bee said in a February 28 editorial. According to the paper, senior management has grown 97 percent in the past 10 years, while student growth has been 40 percent and the growth in faculty has been 23 percent in the same time period.

    Put another way, the university now has about as many senior administrators as faculty (8,470 senior administrators vs. 8,851 faculty). If the number of senior administrators had grown by the same percentage as faculty over the last 10 years, the savings would be about $300 million a year.

    Administrators typically are the highest paid people on campuses, The Bee noted, as most earn over $100,000 a year plus generous benefits. (Source: The Sacramento Bee, February 28.)

  • Taxpayers Pay for Failed Waterless Urinal Experiment at Environmental Protection Agency. In 2007, a spokeswoman for the California Environmental Protection Agency told The Sacramento Bee that the EPA building's waterless urinals were a major success, because they saved millions of gallons of water per year, and saved energy that otherwise would be needed to pump that water around the 25-floor building. The Bee reported that the spokeswoman explained that "there's very little odor, since there's no smell-causing bacteria that are created by the urine and water mixing."

    Flush forward to this month, when the agency quietly removed the 56 waterless urinals due to complaints about odor and cleanliness.

    Sacramento's KXTV was the first to report on the removal of the fixtures, and it interviewed another EPA spokeswoman who said there were hundreds of complaints about strong odors and floors wet with splashed urine. The TV station also interviewed male CalEPA employees, including one who said of the urinals, "They were nasty."

    The total cost to taxpayers for this failed experiment is not known. The agency spent $25,000 to replace the waterless urinals with new ones that use a half gallon of water per flush, and the agency acknowledged that it had been spending the equivalent of $50,000 a year on the extra cleaning needed for the floors around the waterless urinals.

    Presumably, the agency also will spend tax dollars to replace the large sign near the men's restroom on the second floor, since the sign still brags about the benefits of waterless urinals and describes them as using the same technology developed by NASA for spacecraft. (Sources: KXTV Channel 10, February 23; The Sacramento Bee, May 14, 2007.)

    (Cal-Tax recommendation: The agency claims that the $25,000 spent on replacing the urinals will be recouped within six months in decreased cleaning costs, which indicates that its cleaning budget should be reduced by at least $50,000 per year after these six months are up. Also, the state should do more homework before implementing changes – or ordering private businesses to implement changes – based on claimed benefits that have not been proven.)

  • California Gets $93 Million From Feds, Weatherizes Just 12 Homes. Following up on a recent state auditor's report (see Cal-Taxletter of February 5), the U.S. Department of Energy released a report February 23 showing that despite receiving $93 million in federal stimulus money to weatherize homes, California has finished weatherizing just 12 homes. (Cal-Tax: Believe it or not, that's actually an improvement over the state auditor's report, which said that as of December 1, no homes had been weatherized.)

    The federal agency said the California Department of Community Services and Development has weatherized just 0.03 percent of the homes it planned to as of February 16. Only five states had lower rates. (Cal-Tax: The fact that at least six states have utterly failed to use the "stimulus funds" raises the question of whether the funds have stimulated anything at all. In fact, the Department of Energy report stated, "The Nation has not, to date, realized the potential economic benefits of the $5 billion in Recovery Act funds allocated to the Weatherization Program. The job creation impact of what was considered to be one of the Department's most 'shovel ready' projects has not materialized.")

    If California does not begin effectively using the $93 million it already has received, it risks losing another planned installment of $93 million. (Source: California Watch blog, February 24.)

    (Cal-Tax recommendation: This should be used as a learning experience, and future "stimulus" proposals should not be approved unless there is considerable evidence that the tax dollars will actually be put to good use.)

  • Los Angeles Flood Control District Fined $275,000 for Allegedly Polluting Harbor. The Los Angeles Times reports: "The Los Angeles County Flood Control District faces a state fine of almost $275,000 for allegedly allowing bacterial pollution to flow into the harbor at Marina del Rey for more than two years." The state cited 186 violations from 2007 to 2009 of the district's storm water permit.

    The fine is not yet official. The California Regional Water Quality Control Board will decide May 17 whether to assess, modify or rejection the fine. (Source: Los Angeles Times, February 23.)

    (Cal-Tax recommendation: The obvious recommendation is for the water district to correct its mismanagement issues and start improving water quality – the reason for the district's existence. Unfortunately, when one government agency fines another, the only person who actually suffers a penalty is John Q. Taxpayer. In this case, the residents of the flood control district will be paying the fine even though they also are the people who have suffered from the polluted water.)

  • Parents Remain on State's Child Abuser List Even After Being Cleared. The Los Angeles Times reports that more than a year after a court ruled that California's child-abuse reporting act is unconstitutional because the wrongly accused have no way to get off the list, "the state has yet to fix the problem." For example, the paper notes that a Valencia couple remains on the list even though the courts have ruled that their child fabricated claims against them, and they are "factually innocent."

    The state's Child Abuse Central Index includes 800,000 names. The Office of the Attorney General describes the possible uses of the index: "To aid law enforcement investigations and prosecutions, the Child Protection Program makes information from the Child Abuse Central Index available, including notices of new child abuse investigation reports involving the same reported suspects and/or victims. Information also is provided to designated social welfare agencies to help screen applicants for licensing or employment in child care facilities and foster homes, and to aid in background checks for other possible child placements, and adoptions." (Source: Los Angeles Times, February 23; Office of the Attorney General website, accessed February 24.)

    (Cal-Tax recommendation: The state needs to take this problem seriously. By including the names of people who are not child abusers on the list, the state is making the taxpayers financially liable for massive lawsuits.)

  • Los Angeles County Has Been Buying $40 Pens, Wasting $162,000 a Year. Los Angeles County officials recently eliminated thousands of pricy items from the county's official government office supplies catalog – but only after years of allowing county workers to buy $40 pens and $131 floor mats.

    Chief Executive Officer Bill Fujioka said he "wasn't aware" that county workers have had the choice of buying fancy pens instead of 24-cent ballpoints. He said that under the new purchasing options, the county's annual pen bill will drop from $195,000 to $33,000.

    The county spends $6 million a year on office supplies, and a county official estimates that purchasing lower-cost items will trim 25 percent to 30 percent off the bill. That estimate came from Joe Sandoval, a purchasing manager who recently went line-by-line through the 18,000-item office supply catalog and trimmed it in half.

    Cal-Tax Vice President of Communications and Research David Kline was quoted by the Inland Valley Daily Bulletin, saying: "It just boggles the mind that anyone would consider a $40 pen a wise use of taxpayers' money. It's sad that it took a major recession for them to even scrutinize this list and eliminate the wasteful spending." (Source: Inland Valley Daily Bulletin, February 16.)

  • Whistleblower Sued for Reporting Welfare Fraud. Laura Zine, a former employee at a medical billing company, testified and helped convict her ex-boss on charges of Medi-Cal fraud. Now, her former boss is suing her.

    Medi-Cal fraud costs the state approximately $10 billion per year. To reduce fraud and to convict criminals, the Department of Health Care Services encourages people to report cases of fraud, and even allows individuals to report cases anonymously if they fear retribution.

    In Ms. Zine's case, she reported the fraud, testified in court, and her boss was sentenced to prison. After serving his time in prison, he sued her, costing Ms. Zine $4,000 in legal expenses. The federal government recently agreed to represent her in court.

    "If you witness a crime, the good Samaritan shouldn't have to pay the bill for reporting it," Ms. Zine said. (Source: KCRA Channel 3 News, February 16.)

    (Cal-Tax recommendation: The state already has whistleblower protections for government employees, but policymakers should look into this situation to see if additional laws are needed to protect non-government whistleblowers from frivolous lawsuits. People like Ms. Zine should not be penalized for reporting fraud.)

  • Employment Development Department Mismanagement Costs $53 Million. Mismanagement by technology staff at the Employment Development Department (EDD) has resulted in cost overruns of approximately $53 million. The funds were part of the federal stimulus money appropriated to California last year.

    A report produced for the Assembly Insurance Committee said the $53 million is in addition to a five-year delay and previous cost increases of more than $80 million on computer modernization projects at EDD.

    Assemblyman Charles Calderon told senior officials at EDD during a hearing: "You've all been here long enough to be held accountable. Quite frankly, if you were in the private sector, you would be fired."

    Several other legislators also weighed in on the issue. Assemblyman Jose Solorio said that due to the "decade of mishaps" relating to the department's modernization efforts, the Legislature has lost confidence in the department's leadership.

    EDD officials defended the department, and said the "cost overruns" are merely a discrepancy between the initial estimates by the department and the final project contract costs.

    EDD currently uses an outdated computer system that has been blamed for numerous delays in disability and unemployment payments to low-income and out-of-work Californians. With increased state unemployment, the already-lagging computer system has had to meet a larger service demand.

    "I'm shocked at how bad this situation has become," Mr. Calderon said. He continued: "If there's anything that government should be doing in these economic times, it's to be getting unemployment money to families that need it. If we can't do that, what else are we going to do? We can't govern." (Source: The Sacramento Bee, February 9.)

    (Cal-Tax recommendation: The Legislature should set up a follow-up hearing to see what progress can be made by the department, and state bureaucrats should be held accountable. If the department is unable to perform its basic functions, the state should consider reducing the size of the technology staff and instead contracting out the duties.)

  • Sacramento City Council Members Get $50,000 Each to Spend at Their Discretion. In what critics have labeled as a "slush fund," each Sacramento City Council member gets $50,000 a year of taxpayer money to spend as he or she wishes, with no public hearings or votes. Sacramento Mayor Kevin Johnson, who campaigned on elimination of the funds, said the "council felt strongly that those were their dollars, and I wasn't going to get the votes on this."

    Jon Coupal, president of the Howard Jarvis Taxpayers Association, said, "The discretionary funds can be properly labeled as slush funds."

    Most of the contributions went for sponsorships of activities and for tickets for fundraising dinners of various organizations and special interest groups, and other activities that taxpayers would have to pay out of their own pockets to attend. Many of these expenditures clearly should have come from campaign funds, not taxpayer dollars. (Cal-Tax: What is particularly unfair is that not all organizations are treated the same. Why should some PTAs get slush funds while others do not?)

    Most of the spending occurred in small increments, with many items in the neighborhood of $100 to $500, but the spending adds up significantly.

    Some of the expenditures by individual City Council members:

    Steve Cohn

    Sponsor prison guards union conference

    $150

    Robert Fong

    Sponsor "Bamboo Classic Golf Tournament"

    $2,500

    Robert Fong

    Table at dinner for Asian Peace Officers Association

    $500

    Robert Fong

    Sponsor Camellia Waldorf School graduation

    $620

    Lauren Hammond

    KVIE membership renewal

    $35

    Lauren Hammond

    Capitol Public Radio membership renewal

    $50

    Bonnie Pannell

    Earth Day sponsor

    $500

    Sandy Sheedy

    Sponsor "The Spot" teen center

    $94,120.14

    Roy Tretheway

    French Film Festival sponsor

    $120

    Roy Tretheway

    Subscription to the pricey California Lecture series

    $1,320

    Roy Tretheway

    Tickets to United Farm Workers union fundraiser

    $250

    Kevin McCarty

    Sponsor event by College Democrats at Sacramento State honoring Assemblyman Dave Jones and others

    $100

    Kevin McCarty

    Reimbursement to Steve Maviglio for plants at Stockton and T streets

    $49.36

    Kevin McCarty

    Purchase of laptop computer

    $559.74

    Organizations that are recipients of this largesse can be expected to look favorably on re-electing the giver, to stay in the gift-recipient loop.

    A number of payments are for ads in various programs or publications of certain groups. For example, City Councilman Steve Cohn spent $110 for a sponsorship ad in the December 2008 issue of the Sacramento Valley Union Labor Bulletin. (Source: KCRA-TV, Sacramento, February 8 and February 9.)

    (Cal-Tax recommendation: The discretionary accounts should be eliminated. There is no public policy justification for gifting tax dollars to special interest groups. In the meantime, the ads in various programs and publications should thank the taxpayers of Sacramento, not the individual council members.)

  • Los Angeles Coffers Empty, but City Council Members Benefit From Increased Discretionary Budgets. Discretionary accounts held by Los Angeles City Council members are flush, even as the city's general fund is deep in the red, the city controller reported this week.

    Council members' accounts have grown as the city has collected revenue generated from the sale of surplus property. Under current city law, half of the revenue generated from the sale of surplus property goes to council members' discretionary funds, while the other half goes to the city's general fund, which currently faces a $400 million deficit. Funds deposited into the discretionary funds generally are unrestricted, and have little oversight.

    Los Angeles City Controller Wendy Gruel reported February 10 that these funds should be made transparent, and said all of the revenues generated from the sales of surplus property should be deposited into the city's general fund.

    Over the last 12 years, Los Angeles City Council members have obtained $25 million that otherwise could have gone into the city's general fund. (Source: Los Angeles City Controller's Report, February 10.)

    (Cal-Tax recommendation: While the controller's report does not note how the council members used their discretionary funds, use of the surplus revenues to address the budget deficit would seem to be a more efficient use of taxpayer funds. This use of the revenue also would be more transparent to taxpayers, since the spending would be detailed in the budget. City councils should eliminate discretionary funds to avoid the appearance that elected officials have "slush funds" of tax dollars that can be spent without oversight.)

  • Bullet Train Ridership Estimates Changed After Bond Election. According to newly released documents, the rosy ridership assumptions for the multibillion-dollar bullet train project were based on previously undisclosed assumptions that differ from those published for public review. According to a story in the Contra Costa Times: "An internal memo suggests the authorities behind the project deliberately withheld the final assumptions, and the discrepancy raises questions about the validity of the forecasts. State transportation officials downplayed the issue, saying the differences were not significant."

    Before the election, backers said the trains would carry 55 million riders per year by 2030 (that equates to 150,684 per day!). Since the election, the rail authority revised the estimate to 41 million riders by 2035 (or 112,328 per day).

    Senator Alan Lowenthal said the numbers don't pass the "smell test." (Source: Contra Costa Times, February 6.)

    (Cal-Tax recommendation: An honest assessment of potential ridership is needed before billions of public dollars are spent on this project. The Legislature and governor should actively look into the changing – and very optimistic – estimates that are being used.)

  • State Still Spends Heavily on Travel, Conferences and New Vehicles. The Assembly Accountability and Administrative Review Committee reports that state agencies spent heavily last year on items that may not have been necessary, despite state budget problems that were widely viewed as being extremely dire.

    The committee found that during the brief three-month period of January to March 2009, the following spending occurred:

    • The Department of Education spent $945,209 and the Department of Consumer Affairs spent $245,430 on conferences and outside meetings;

    • The Department of Motor Vehicles spent $1.73 million on new furniture, while the California Air Resources Board spent $433,000 on new furnishings, the Department of General Services spent $785,785, and the Health and Human Services Agency spent $306,393.

    • New vehicles were purchased by the Department of Transportation ($10.4 million), the department of Forestry and Fire ($1.6 million), the Department of Motor Vehicles ($900,000) and the Department of Parks and Recreation ($5.2 million).

    (Source: Assembly Accountability and Administrative Review Committee report, February 10.)

    (Cal-Tax recommendation: When drafting this year's state budget, the Legislature and governor should eliminate spending for new furniture and new vehicles that are not absolutely necessary, such as for emergency response purposes. These are tough times for taxpayers, and they shouldn't have to pay for non-necessities for government while they are cutting their own family budgets to the bone.)

  • State Sends Out 1099 Forms With "Whopping Errors." The Sacramento Bee reports that the Victim Compensation and Government Claims Board recently issued thousands of erroneous 1099s to contractors who did jobs for the agency in 2009. The Bee said the "whopping errors" dramatically inflated the amount of money that the state claimed to have paid the contractors. For example, if the board paid a contractor $5,200, the 1099 said the payment was $520,000!

    A spokesman for the state agency said the error in the placement of a decimal point was the result of a computer software glitch that has since been fixed. The spokesman said the state has worked with the IRS and Franchise Tax Board to correct the 5,431 forms that contained errors.

    The cost of reprinting and remailing 1099s to correct the error reportedly was $2,500 plus staff time. (Source: The Sacramento Bee, February 11.)

    (Cal-Tax recommendation: The Legislature should not pass an independent contractor withholding bill for many reasons, including that it appears that the state would not be able to administer withholding with respect to its own independent contractors.)

  • IRS Looking at Personal Use of State Cars. The Internal Revenue Service has launched an investigation into the personal use of state cars by state employees. To the extent that state cars are used for personal use, the benefit must be included in the user's taxable income.

    Federal auditors will focus on 2008 tax reporting. If cars were used for personal use, the state and the employee both will owe taxes. "It could be a huge number for the state," said Perry Ghilarducci, a Sacramento accountant.

    As of June, the state had issued 8,812 permits to state workers to store vehicles at home. (Source: The Sacramento Bee, February 9.)

    (Cal-Tax recommendation: The state, which doesn't hesitate to create tax reporting burdens and stiff tax-avoidance penalties for private taxpayers, should pay attention to its own reporting requirements. Judgment will be reserved until after the IRS completes its investigation, but it appears that state employees and their managers may have been contributing to the "tax gap" by failing to report taxable income.)

  • Dead People Received IHSS Benefits, Controller Reports. Lax state and county oversight of In-Home Supportive Services (IHSS) program payments may have cost the state more than $11 million in 2008, Controller John Chiang said, noting that this money was distributed despite the providers or recipients of care being deceased.

    As samples, the controller reviewed Fresno and San Diego counties, where questionable payments totaling $464,000 and $538,700, respectively, were made in 2008 in cases involving IHSS providers or recipients whose names and Social Security numbers were listed in the Social Security Administration Death Master File or the California Department of Public Health's Vital Statistics Death File.

    The IHSS program is administered by the California Department of Social Services. The program provides services such as housecleaning, meal preparation, shopping and personal care to keep eligible individuals in their homes instead of in nursing homes or board-and-care facilities.

    The controller's survey showed that counties were slow to take action to stop payment or to recoup overpayments, even when evidence suggested the payments were fraudulent.

    In one case, Fresno County referred a case involving a deceased recipient to the county fraud investigation unit on February 9, 2009. As of June 2009, the county was continuing to submit claims for services provided to this apparently dead recipient.

    The controller's report recommends that the Department of Social Services develop comprehensive policies and procedures for counties to follow to determine the validity of payments, and to improve case file tracking. In addition, the report recommends that the department conduct periodic field visits to ensure county compliance. (Source: State Controller John Chiang news release, February 1.)

    (Cal-Tax recommendation: We urge the state and local governments to implement the recommendations made by the controller. We also recommend that the controller build upon his good work by expanding the review of IHSS payments to additional counties.)

  • California May Lose $93 Million Due to Delays. Delays within the Department of Community Services and Development could cost California $93 million in federal money intended for home weatherization grants. The federal government said it would allocate funding to the state if California can show that it has effectively used $93 million already received for the same purpose. That will prove to be difficult, as the state auditor recently reported that as of December 1, no homes had been weatherized.

    California State Auditor Elaine Howle said the department's lack of progress is due to delays "both beyond and within its control." She said the state should ask the federal government to extend the program's deadline and improve efficiency.

    The federal program, part of the economic stimulus effort, originally allocated $186 million to California to weatherize 50,080 homes – an amount that equates to $3,714 per home. (Source: The Sacramento Bee State Worker Blog, February 3; California State Auditor Letter Report 2009-119.2, February 2.)

    (Cal-Tax recommendation: At a time when California's leaders are saying the state doesn't get its fair share of federal spending and are asking for more federal dollars, examples like this don't help the cause. The state should ensure that federal loans, grants and other funds have proper oversight so the state will receive funds already allocated by the federal government.)

  • Former Directors of El Dorado Irrigation District Cite Waste and Mismanagement. Six former directors of the El Dorado Irrigation District, a public entity formed in 1925 under California Irrigation District law and providing water to 100,000 customers, have charged the district with frivolous spending.

    In a column in The Sacramento Bee, they wrote that the EID proceeded to "spend like there was no tomorrow," and cited:

    • Expenses to water conferences for friends of board members.

    • Four-figure restaurant bills.

    • Contracts to friends of board members, such as $10,000 to research how other water districts get their legal advice.

    • Two infomercials (costing approximately $50,000) that aired late in the night to let insomniacs know what a world-class utility EID is.

    • A $166 million five-year capital improvement program in 2003 which they say is extravagant, and another $133 million in new debt in 2009.

    • A dramatic increase in labor costs, from $11 million to $34 million in just six years.

    • An increase in the CalPERS retirement benefit formula from 2 percent at 55 to 2.7 percent at 55, retroactive for all years of EID service.

    • An increase in staff from 180 to 305 employees in less than five years.

    As a result, despite rate increases for the last six years, another 35 percent rate increase has been proposed.

    The six former directors are asking the Legislature's Joint Audit Committee to review the district's finances.

    The six former board members making these charges are Al Vargas (1999-03), Eugene Larson (1969-95), Richard Akin (1994-03), Howard Kastan (1991-93 and 1997-2001), William Bergmeister (1989-91 and 1999-01) and Raymond Larson (1996-99). (Source: The Sacramento Bee, January 29.)

    (Cal-Tax recommendation: The Legislature should take the former board members' advice and audit the water district, and should consult with the former board members, since they are familiar with the board's operations and finances.)

  • CHP Officers' Morbid Misconduct Costs Taxpayers. A deeply disturbing act committed by two California Highway Patrol officers has caused major pain to an accident victim's family, and may cost taxpayers a great deal of money.

    The case involves an 18-year-old girl who was killed in an automobile accident. According to court documents, two CHP officers in Orange County e-mailed gruesome photos of the accident scene to friends and family members on Halloween, which led to the photos being widely distributed. In a January 29 opinion, the Fourth District Court of Appeal stated, "Those photographs were strewn about the Internet and spit back at the family members, accompanied by hateful messages." The court said it is not clear whether or not the e-mail address of the victim's father was distributed by the officers, but somehow the address became known to the public, leading to the family being "taunted … with the photographs, in deplorable ways."

    An Orange County Superior Court judge initially ruled that the officers could not be sued for invasion of privacy, negligence and other torts, and dismissed the case. But the Court of Appeal overturned that ruling and said the family members have raised issues that should be decided in a trial. It is not clear whether taxpayers or the officers themselves would be liable for potential damages, but taxpayers already have paid for lawyers from the CHP and Attorney General's Office to represent the officers. (Cal-Tax: To avoid putting the victim's family through additional trauma, we are omitting names and the graphic details of the accident.) (Source: Court of Appeal opinion filed January 29.)

    (Cal-Tax recommendation: This case should be used to teach all incoming officers about the seriousness of their duties. We concur with the Court of Appeal, which wrote: "It is a sad day, to be sure, when those upon whom we rely to protect and serve do the opposite, and make … a teenage girl the subject of international gossip and disrespect, and inflict devastating emotional harm on the parents and siblings of that girl. The CHP should know better. Every one of its officers should know better. The CHP is in a position to ensure that this does not happen again.")

  • Error by the Department of Corrections and Rehabilitations Costs Taxpayers $7 Million. Last year, the Legislature and the governor ordered the elimination of 800 state prison teaching positions. When the Department of Corrections and Rehabilitations sent out notices to inform the employees of their job loss, the envelopes delivering the news were improperly dated. As a result, the notice sent to the employees violated the 30-day notice rule. The department is re-sending notices to the employees, but the delay means that the laid-off workers will stay on the payroll for another month, at a total cost of $7 million. (Source: The Sacramento Bee, January 28.)

    (Cal-Tax recommendation: More oversight is needed to ensure that employees follow the letter of the law when sending out legally required notices. With millions of dollars at stake, much more attention to detail is needed.)

  • Indio Accused of Misspending $500,000 in Housing Aid. The U.S. Department of Housing and Urban Development alleges that the city of Indio (in Riverside County) misspent $500,000 in federal funds intended for housing-related programs. The city instead used the money to offset its general fund to pay for code enforcement, the federal government says. In a letter to the city, a HUD official said, "We can appreciate the challenges that cities are facing with the state budget crisis, but using (Community Development Block Grant) funds to solve its budget problem is not the purpose of the program."

    Indio will not have to repay the money as long as it develops an "action plan" for future spending, and will not lose out on future federal funds because of the misuse of the block grants, a city official said. Mark Wasserman, assistant to the city manager, said, "We take responsibility for the error and will fix it." (Source: The Desert Sun, January 27.)

    (Cal-Tax recommendation: It is good that the federal government discovered the misspending and that the city has taken responsibility for it, but the fact remains that money intended for housing development was spent for other purposes, and there is no penalty for the transgression. Some sort of punishment is needed to keep this sort of abuse of tax dollars from happening again, lest taxpayers become even more disillusioned with their government.)

  • La Quinta Spends Big on Sculpture, Then Spends Again to Have It Removed. In 1996, the La Quinta City Council authorized spending $93,000 in tax dollars for a sculpture that was placed at a busy intersection as an attempt at public art. In 2001, the city spent an additional $34,900 for improvements. Now, responding to public complaints that the sculpture is an eyesore, the city is going to spend another $15,000 to remove and dispose of the piece.

    The sculpture, titled "Oasis One Eleven," is described as an "art piece-turned-blight" by The Desert Sun. The artist contends that city officials have failed to polish and maintain the bronze piece, but city officials say the now-dingy artwork "was not what was originally envisioned" and was "not in keeping with community design standards." (Source: The Desert Sun, January 20.)

    (Cal-Tax recommendation: Public art is a constant source of debate – should government stay away from art entirely, or does taxpayer-funded art sometimes provide a public benefit by making an area more enjoyable and more attractive to tourists? The jury is still out, but this example illustrates that government officials would be wise to err on the side of caution, lest they follow in La Quinta's footsteps by spending almost $143,000 to install and then remove a hunk of bronze that has the look of a bunker for defending against Nazi attacks on the Maginot Line.)

  • Unused City Phone Lines Cost Los Angeles Taxpayers $3 Million a Year. Nearly 12,000 municipal phone lines sit unused at a cost of $3 million per year, according to an audit released January 14.

    "With the city facing a massive budget deficit, we must look at every way we can save money," Los Angeles City Controller Wendy Greuel said. "While the policies are strong, oversight is severely lacking."

    In addition to unused phone lines, the controller found that city employees had placed unauthorized calls to Mexico, Canada and the Philippines.

    In response to the audit, the city has revised its telephone procedures. Randi Levin, general manager of the Information Technology Agency, which oversees the city's telephone system, said all long-distance and international calls now must be placed through a city operator.

    Telephone problems in Los Angeles are not new. Former City Controller Rick Tuttle reported in the 1990s that the city had failed to pay a number of its phone bills and may be required to pay penalties of $800,000 per year.

    (Cal-Tax recommendation: Having oversight procedures in place is not enough. Officials should ensure that procedures are followed, and that oversight continues so that further taxpayer dollars are not wasted. Also, Los Angeles may not be alone. Other cities should examine their phone systems to see where savings might be found.)

  • Audit Finds $200 Million Payroll Mess in Los Angeles Unified. Auditors in Los Angeles reported that school officials paid out $200 million more in salaries in 2009 than the district had originally budgeted. Despite large layoffs and unfilled positions, Los Angeles Unified spent $4.9 billion in 2009. City Auditor Wendy Greul said there was no evidence of wrongdoing, but auditors were unable to determine how $200 million of the money was spent. (Source: Los Angeles Daily News, January 14.)

    (Cal-Tax recommendation: Obviously, more oversight is required. In the meantime, further investigation is needed to determine how $200 million went missing.)

  • Community College Trustee Spends Almost $30,000 on Travel. John Williams, a trustee of the South Orange County Community College District, is a travelin' man. Mr. Williams spent $29,578 in tax dollars traveling to conferences and meetings from July 2007 through December 2009, the OC Watchdog blog reports. The blog notes: "That's more than four times as much as any of the other trustees. Four of the six trustees have spent less than $1,000 over the same period."

    Mr. Williams said the travel is necessary to represent the district's interests – such as by trying to keep the state from raiding the district's budget – and to keep up on changes that impact the colleges' technology courses.

    In addition to paying for travel, the district spent $12,184 on catering during board meetings over the past 2 ½ years, and spends nearly $18,000 per trustee for health benefits (even though the positions are part-time posts with stipends of $4,800 per year). (Source: OC Watchdog, January 20.)

    (Cal-Tax recommendation: While it's possible that Mr. Williams has brought some useful information back to the community colleges after his voyages, we wonder if any economic analysis has been done to determine the cost-benefit ratio. Also, it does not make sense to continue spending tax dollars on conferences while community colleges are struggling to offer courses.)

  • City's Plan for Low-Cost Housing Includes No Money to Build Homes. The Coachella City Council is in the midst of a plan to use $6 million in redevelopment money for low-cost housing. But The Desert Sun reports that "all the money was spent to buy property and no money was set aside to build houses." Since the sale of low-cost housing units was supposed to generate money to pay back a $6 million loan, this puts a big hole in the plan.

    "Going forward with the projects at this point may not make much sense, because the recession has given the city a large stock of low-income housing," the newspaper said in an editorial. However, the paper noted: "Low-income housing is not just an altruistic goal for the city. The California Redevelopment Act requires that at least 20 percent of the profits from tax-increment financing be spent on low-income housing." (Source: The Desert Sun, January 15.)

    (Cal-Tax recommendation: The city already has taken a good step by commissioning an independent investigation into several problems that led the project to go off track. In the bigger picture, state officials need to re-examine the law that requires the city to spend tax dollars on low-income housing even when there is an oversupply of such housing.)

  • Tribal Welfare Program Uses Tax Money to Pay Employee's Parking Tickets. Reporter Keith Matheny of The Desert Sun recently completed a lengthy investigation of the finances of the Torres-Martinez Temporary Assistance for Needy Families Program, a taxpayer-funded program to assist the Torres-Martinez Desert Cahuilla Indians in Los Angeles and Riverside counties. Among the many irregularities he discovered:

    • Tax dollars were used to pay for multiple parking tickets received by one of the welfare program's caseworkers. The program's former director said the spending was legitimate because the employee "was at risk of losing her job due to missing work because of transportation problems." Cal-Tax Vice President of Communications and Research David Kline, quoted in the news story, said, "When taxpayers pay for programs to help out the less fortunate, they expect that money to go for necessities like food, clothing, shelter." Mr. Kline said that if parking tickets are simply shifted to the taxpayers, "there's no real effect of the penalty."

    • More than $50,000 in credit card expenditures were not documented.

    • The tribe purchased 45 cars for use by 90 employees, but failed to track how the vehicles were used.

    • Every audit of the program since 2002 has found serious, negative findings.

    • The program is serving thousands fewer families than anticipated when it was formed in 2001, but that has not appeared to affect its annual funding. The annual funding was based on an estimated average monthly caseload of more than 5,200 families, the program actually serves fewer than 400 families per month.

    • In some cases, the same problems have persisted for years despite assurances from the tribe that it is implementing solutions.

    A forensic government auditor and fraud investigator who reviewed the program's financial reports for the newspaper said, "The federal government, tribal families and taxpayers in general should be outraged at the degree of mismanagement and waste highlighted in these reports."

    The newspaper's review of more than 40 tribal welfare programs nationwide found that more than one-third has serious, negative audit findings in each of their past three audits, and nearly half had such findings in at least two of the past three years. (Source: The Desert Sun, January 17.)

    (Cal-Tax recommendation: There are plenty of government agencies that are supposed to be monitoring this spending – someone needs to take charge and solve the lingering problems that have been identified. The current system is not only wasting tax dollars, but is depriving truly needy tribal members of benefits they are supposed to be receiving.)

  • Investigation Finds Sacramento In-Home Care Fraud. An investigation of Sacramento County's In-Home Supportive Services program has found 19 cases of fraud in the first four months, according to the county district attorney. The Governor's Office estimates that similar abuses of in-home services may amount to 25 percent of the program's cost statewide.

    In Sacramento County, the 19 cases account for $315,000 in overpayments by 42,000 caregivers and clients.

    The state approved $10 million in 2009 for counties to develop IHSS investigative units, such as the one in Sacramento County. Other counties that have developed such task forces include Fresno, San Diego and Riverside.

    Assistant Chief Deputy District Attorney Laura Green said: "We believe as long as In-Home Supportive Services is in existence, there will always be fraud." Ms. Green's office is in charge of Sacramento County's fraud prevention task force. (Source: The Sacramento Bee, January 22.)

    (Cal-Tax recommendation: At a time when local government funds are slim, counties must continue to provide oversight to ensure that every dollar and cent goes to programs that operate efficiently. Californians who rely on these programs need quality services, and taxpayers need assurance that their money is not being wasted. When looters steal from the public treasury, local governments and Californians lose.)

  • Despite Budget Problems, San Diego Assessor and Treasurer Accept Raises. The San Diego Union-Tribune reports: "Budget problems led to layoffs in San Diego County government last year, but pay is still rising for two elected officials. Assessor-Recorder-Clerk David Butler accepted a 4.5 percent raise in his annual salary this month, to $199,139. Treasurer-Tax Collector Dan McAllister received a 3 percent increase, to an annual salary of $155,480."

    Mr. McAllister told the newspaper, "I realize these are difficult economic times and it's awkward out there, but I really hadn't considered (waiving the raise)."

    Two of the county's elected officials did waive raises – at least for the time being. District Attorney Bonnie Dumanis waived an $11,000 increase and Sheriff William Gore waived a $10,000 increase, with both saying they reserved the right to begin accepting the salary increase beginning in July. Both are up for re-election in June.

    The pay hikes were part of a series of scheduled increases approved by the Board of Supervisors in 2007. (Source: San Diego Union-Tribune, January 11.)

    (Cal-Tax recommendation: Elected officials should act as if every year is an election year, and should remember that they are public servants, and their top priority should be making the government work efficiently for the taxpayers. Accepting a pay raise while services are being cut is a sign of misplaced priorities. Also, times are not "awkward," they are downright tough, with California's unemployment rate at 12.3 percent even as a variety of taxes and fees are taking more money out of Californians' family budgets.)

  • Santa Clara Transportation Authority Plans Expansion Despite Massive Budget Problem. The Santa Clara Valley Transportation Authority recently cut bus and rail service 8 percent in order to address a projected deficit pegged at $98 million – but that hasn't stopped the agency from moving forward with expansion plans.

    The agency is working on extending Bay Area Rapid Transit to San Jose (a project that might receive federal funding) and is conducting studies on extending light rail from Eastridge Mall to Los Gatos. The San Jose Mercury News notes that the latter plan is going forward "despite high costs and modest ridership projections."

    Tom Rubin, the former chief financial officer of the Southern California Rapid Transit District, has studied agencies across the United States and calls the Santa Clara VTA the "worst transit agency in the country."

    One example of the agency's problems: When the county began its push 30 years ago to expand bus service and establish light rail, proponents said tickets would cover 85 percent of the cost of a train trip. Today, under the agency's leadership, tickets cover just 14 percent of the cost – one of the worst margins in the nation.

    Last year, the transportation authority had projected its deficit at $22 million, but that figure jumped to $98 million after the agency's sales tax revenue fell more than expected. (Source: San Jose Mercury News, January 11.)

    (Cal-Tax recommendation: An agency that cannot afford to meet its current responsibilities should not be taking on more responsibility and more financial obligations. The agency should put expansion projects on hold and focus on getting its house in order, especially considering that rail projects often cost much more than initially estimated.)

  • High-Speed Rail Plan on the Fast Track to Fiscal Failure, Analyst Finds. The Legislative Analyst's Office released a report January 11 stating that the state High-Speed Rail Authority's business plan is badly flawed and possibly illegal. Voters approved Proposition 1A in November 2008 to provide almost $10 billion in bond funding for a high-speed rail system linking the northern and southern parts of the state.

    Things are not proceeding well, according to the analyst's report on the rail authority's business plan, which was released several months late – so it appeared after the election rather than prior to it. The LAO stated: "The Proposition 1A bond measure explicitly prohibits any public operating subsidy. However, the plan … assumes some form of revenue guarantee from the public sector to attract private investment. This generally means some public entity promises to pay the contractor the difference between projected and realized revenues if necessary. The plan does not explain how the guarantee could be structured so as not to violate the law."

    In an editorial, the San Diego Union-Tribune noted that the business plan also assumes that 41 million passengers would ride the trains each year. "That's far more than the 26 million passengers a year carried by the entire Amtrak system nationwide, which has 500-plus destinations in 46 states," the editorial noted. (Source: San Diego Union-Tribune, January 13.)

    (Cal-Tax recommendation: If the High-Speed Rail Authority does not change course to use realistic assumptions and adhere to the provisions of Proposition 1A, Californians should consider following the advice of the Union-Tribune's editorial to repeal the initiative before things get worse.)

  • Sacramento Pays Massive Legal Fees Instead of Making Minor Change to Building. The city of Sacramento owns and operates the Sacramento Community Center Theater, which recently was the subject of a complaint by a disabled theater patron who couldn't get to the most desirable seats in her wheelchair. Rather than spending an estimated $80,000 to make the theater more accessible to disabled patrons, the city ignored the patron's requests, which led to litigation. Now, the city has settled the litigation by agreeing to make the changes, and a judge ordered the city to pay $140,000 in legal fees to the patron's attorneys.

    In an editorial, The Sacramento Bee stated: "Those fees might have been substantially reduced or avoided altogether had the city treated (the theatergoer's) initial complaint seriously." The paper added, "Governments have a higher duty to protect the rights of the disabled than private businesses." (Source: The Sacramento Bee, January 8.)

    (Cal-Tax recommendation: Government workers at all levels should learn from this example, and should try to work out problems right away, before they escalate. Ignoring complaints or adopting an imperious attitude will only lead to costly litigation. Also, since the government has mandated that all buildings be accessible to the disabled, government agencies should be especially attentive to complaints about lack of accessibility.)

  • CalTrans Buys New Vehicles That Sit Idle. "It's insanity. It's all cost and no benefit." That is how Assemblyman Bob Blumenfield reacted to the news that more than 12 percent of the vehicles purchased by the California Department of Transportation since 2007 sit unused. The Sacramento Bee reported that CalTrans spent more than $4 million on vehicles parked and unused for months and years. CalTrans said it takes up to three years to assemble add-on features to various trucks.

    Observers also pointed out that letting a vehicle sit for years is the worst thing for the vehicle, as belts rot, rubber cracks, batteries die, etc.

    At a legislative hearing on the subject, CalTrans Director Randell Iwasaki was asked about another issue recently in the news: why the agency spent $82,000 to send 52 staff members to a transportation conference at a desert resort. Mr. Iwasaki defended the expenditure, saying CalTrans agreed to host the event three years ago, and claiming that state workers learn much and make good contacts at the event. He added, however: "Would we do it again? Probably not." (Source: The Sacramento Bee, December 19.)

    (Cal-Tax recommendation: The state should put a moratorium on the purchase of new vehicles, and should try to get many more years out of its current fleet. Since it is doubtful that the vehicle-purchasing system is the only state spending system that has been wasting money due to lax oversight, state officials should investigate whether similar problems are plaguing other areas of government.)

  • Government Workers in San Jose Get Huge Pension Boosts Due to Errors. The San Jose Mercury News reports: "San Jose's employee pension fund, already bleeding money, may be handing out millions of dollars in overpayments, according to a recent audit that calls for a massive review."

    The audit reviewed pensions for 133 of the 486 employees who retired in 2007 and 2008. In 10 percent of the cases, retirees were receiving pensions higher than they were entitled to. The overpayments stemmed from errors in calculating the pay that can be credited toward retirement.

    The audit also found a single retiree who was being shortchanged by the city.

    Major errors involved pay beyond the base salary that should not have been counted toward retirement, but was, and retroactive raises that artificially boosted pensions. One retiree's pension was overstated by $630 a month, the audit found.

    The Mercury News noted that this problem is not unique. In Contra Costa County, former public workers were overpaid for more than a decade because unused vacation time had been counted toward their retirement. San Jose and the local firefighters' union are currently in litigation over a software glitch that incorrectly credited some unscheduled overtime toward firefighters' pensions. (Source: San Jose Mercury News, December 27.)

    (Cal-Tax recommendation: All government pension officials should learn from these cases, and should investigate their own systems to ensure that proper payments are being made. Government pension systems already are creating major financial problems due to the generous benefits that taxpayers provide to retirees, and overpayments just compound the problem and make it more difficult for government to pay its current workforce to provide services.)

  • Pension Spiking Is Rampant in Contra Costa Sanitary District. Columnist Daniel Borenstein of the Contra Costa Times reports that former employees of the Central Contra Costa Sanitary District are getting filthy rich thanks to rampant pension spiking.

    For example, the departing general manager boosted his pension by 37 percent, to $217,216 per year, by cashing out nearly 17 weeks of unused vacation and sick leave time. In retirement, he will receive nearly as much as the $234,163 per year that he took home while working.

    Mr. Borenstein analyzed the records of 32 sanitary district employees who retired in the past five years, and found that more than two-thirds had increased their retirement pay by 25 percent to 41 percent by taking advantage of spiking provisions.

    Methods used:

    • Selling back vacation time and adding the money to the final year's salary;

    • Selling back vacation time at strategic times to increase the pay (vacation time can be sold back once per calendar year, but the pension is based on the final 12 months of pay, so it is possible to use a "straddling" technique to, for example, sell back four weeks in December, four more weeks in January, and then retire in February with all eight weeks added to the final salary);

    • Cashing out sick leave upon termination (up to three weeks' worth);

    • Cashing out holiday pay (up to 13 days of pay for holidays they worked);

    • Adding time to the number of years of service by counting unused sick leave, with no limit on the amount that can be accrued – some workers had more than a year's worth of sick leave when they retired, and they could apply this to their years of service, including the three weeks that they sold back to boost their final pay!

    Mr. Borenstein writes: "Vacation time should be for workers to take time off and refresh themselves. Sick leave should be available for illness. … The way the system works now, employees in retirement collect the value of the unused vacation and sick leave over and over again, approximately every year and a half, for the rest of their lives." (Source: Contra Costa Times, December 27.)

    (Cal-Tax recommendation: All government pension plans should be corrected to eliminate pension spiking. Government pension systems already are unsustainable, and workers who use loopholes to spike their pensions are only adding to the problem.)

  • Prison Receiver Spending Out of Control? The Sacramento Bee has published several news stories in recent weeks calling into question the spending practices of the federally appointed prison health care receiver. Some examples:

    • The receiver issued a $400,000 contract for five employees of a law firm to build support for a proposed facility in San Joaquin County. The five include former state Senator Mike Machado and the son of Congressman John Garamendi. Mr. Machado is being paid $300 an hour for "community outreach" efforts.

    • Overtime pay accounts for nearly 20 percent of all wages for prison nursing care. In 2008, California's prisons spent $60 million on overtime for prison health care workers. While prison officials blamed a staff shortage, The Bee noted that "only 62 of the state's more than 400 vacant prison nurse positions are posted on the receiver's career Web site." On top of that, the hiring process can take more than a year.

    • Thanks to overtime pay, 52 nurses and three physician assistants earned more than the $187,535 salary of the corrections secretary who oversees the prison system. Nurses who sit and observe inmates on suicide watch receive $84 an hour.

    • The state paid a medical assistant in a Tracy facility for working an average of 26.5 hours a day. A certified nursing assistant in Delano was paid for working an average of 24.7 hours per day (based on a five-day week).

    • The state paid a temporary agency $393 per hour for a nurse practitioner in Vacaville – more than six times the average paid to state employees for the same work. Overall, the state spent $152 million from July 2008 to May 2009 on temporary workers – about $22 million more than the jobs would have cost if state employees did the work. (Source: The Sacramento Bee, December 11, 13 and 14.)

    (Cal-Tax recommendation: The federal judge who appointed the receiver should become involved to increase the receiver's respect for the state taxpayers who are paying his bills. Californians are unlikely to favor massive spending to help convicted felons at a time when budget problems are having a negative impact on services for law-abiding residents.)

  • Indio Employees Live High on the Hog. The city of Indio (Riverside County) is facing a multimillion-dollar deficit. Yet, since 2008, city employees have used city credit cards to charge $805,000 for pricy meals, out-of-state trips, tickets to sporting events and even a trip to Quebec for the city manager's wife.

    The Palm Springs Desert Sun reviewed 1,000 pages of credit card statements, for cards held by 20 percent of the city's employees, and found that spending increased substantially this year over last.

    Indio Mayor Gene Gilbert said he was "blindsided" by the news, and he acted to pull all the credit cards except those issued to department heads.

    The Desert Sun revealed that $9,200 was charged to the card issued to Mark Wasserman, the assistant to the city manager, for two trips to see the Los Angeles Angels play baseball and one trip to see the Minnesota Vikings play football.

    Mr. Wasserman said the $805,000 is less than 1 percent of total city expenditures. (Source: Palm Springs Desert Sun, January 4 and January 5.)

    (Cal-Tax recommendation: Cut up the credit cards! For employees who absolutely need them, put tighter controls on their use, and require quick repayment of any questionable spending, like international travel expenses for spouses.)

  • Lathrop City Council Uses Tax Dollars to Send Holiday Cards. Dennis Wyatt, managing editor of the Manteca Bulletin, reports that the Lathrop City Council recently used scarce tax dollars to send out hundreds of cards with a color photo of the five-member council and a "season's greetings" message.

    Mr. Wyatt writes: "This, of course, cost money and staff time. There's the card itself, the envelope, the postage, and the time it took to stuff the envelopes and mail them. Forget the fact that Lathrop is bleeding red ink all over the place, may face a reduction in police manpower plus other municipal workers, and its civic leaders are seriously pondering a sales tax for fire protection due to financial woes that are threatening the fire district's ability to protect property and lives. There's always money to stroke the collective ego of politicians."

    The writer then says: "It would be interesting to know what the California Taxpayers' Association and the Fair Political Practices Commission would think about the card mailed at taxpayers' expense. It is so blatant that it defies justification." (Cal-Tax: Since he asked – We love holiday cards, but we agree that elected officials should use their own money and time to send out holiday greetings. 'Tis the season to be jolly, yes, but 'tis always the season to use tax dollars wisely, and only for legitimate government purposes.) (Source: Manteca Bulletin, December 29.)

    (Cal-Tax recommendation: The Lathrop City Council members should reimburse the city for the money spent on this card, and all elected officials should remember that every penny saved is like another penny of new revenue.)

 

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