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Minimum Wage and Overtime Provisions
The following are excerpts from the Amended State Examiner Directive 2015-6 regarding a Materiality Threshold for reporting irregular material variances, losses, shortages, and thefts under IC 5-11-1-27(j). Note that this materiality threshold does not apply to a Report of Misappropriation under IC 5-11-1-27(l) as discussed in the previous article.
Indiana Code § 5-11-1-27(j) states: “All erroneous or irregular material variances, losses, shortages, or thefts of political subdivision funds or property shall be reported immediately to the state board of accounts…“.
In general, each political subdivision must develop their own policy on materiality because the causes of irregular variances, losses, shortages, and thefts are as broad and varied as the political subdivisions in which the incidents occur. For example, a $500 variance in Fort Wayne is not necessarily as concerning as a $500 variance in Pershing Township, Jackson County. On the other hand, a $100 variance in Fort Wayne that occurs every Friday may be material. Moreover, each political subdivision is the best determiner of the qualitative and quantitative factors unique to the unit in arriving at materiality.
Political subdivisions must recognize that variances, losses, shortages, and thefts may occur. If an incident occurs, it is imperative that the political subdivision have a policy in place that outlines the steps to be taken. Such a policy must include a materiality threshold at which point the political subdivision reports incidents to the State Board of Accounts.
The policy must be detailed, and it is essential that materiality thresholds distinguish between incidents involving cash and other types of assets. The policy needs to address maintenance of documentation and resolution of incidents that do not meet the materiality threshold…
If a political subdivision does not develop a policy on materiality, then the threshold is $0.00 and the political subdivision is required to report all irregular variances, losses, shortages, and thefts to the State Board of Accounts…
When an irregular variance, loss, shortage, or theft is determined material pursuant to a political subdivision’s policy on materiality (or, if no policy on materiality is developed, whenever there is any incident of irregular variance, loss, shortage, or theft), the subdivision must report the incident to the State Board of Accounts. On the State Board of Accounts’ website there is a notification link, which allows public officials to report via e-mail material irregular variances, losses, shortages, or thefts. Telephone and in-person reporting is also acceptable. Reports will be followed up with a return e-mail or call to gather additional information as necessary…”
Please review the entire contents of the Amended State Examiner Directive 2015-6.
FEDERAL AND STATE MILEAGE RATES
The Federal business mileage rate is available at www.irs.gov. The State mileage rate can be found on the Indiana Department of Administration’s website.
MINIMUM WAGE AND OVERTIME PROVISIONS
Your attorney should be consulted concerning the federal minimum wage and overtime provisions of the Fair Labor Standard Act applicable to libraries.
The overtime pay issue has required the State Board of Accounts to prescribe General Form No. 99C, Employee Weekly (work period) Earnings Record, which is designed to meet the record keeping requirements of the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). The form should be maintained for employees who are not exempt from FLSA and who are not on a fixed work schedule when the governmental unit pays other than weekly.
Districts should constantly be aware of all the areas of employment in the district where overtime right attaches and establish a system to accurately record hours worked.
The U.S. Department of Labor Wage and Hour Division’s new nationwide program, the Payroll Audit Independent Determination (PAID) program facilitates resolution of potential overtime and minimum wage violations under the FLSA. Please see the U.S. Department of Labor website for more information: https://www.dol.gov/agencies/whd/paidIndiana Code 5-13-6-1(e) states that all local investment officers shall reconcile at least monthly the balance of public funds, as disclosed by the records of local officers, with the balance statements provided by the respective depositories.
In addition to compliance with statute, monthly bank reconcilements provide internal controls to achieve the safeguarding of public assets. We have received numerous reports that bank routing and account information is being used to create false checks that are clearing bank accounts and stealing public funds. If the unauthorized payments from the account are brought to the attention of the bank in a timely manner, the bank will replace the amount that was stolen. However, if you are not reconciling monthly, you would not be aware of these fraudulent transactions and the delay in reporting these fraudulent transaction to the bank may make it more difficult to get the bank to restore the funds to the bank account. Review the bank statement monthly and verify that all of your recorded deposits are credited to your account and all withdrawals from the account are transactions that trace to checks prepared by your office or electronic funds transfers that you have authorized. By doing this, you would catch any bank errors in a timely manner. In addition you would be able to identify any fraudulent activity as early as possible.
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Ransomware is a type of malicious software designed to block access to a computer system until a sum of money is paid. The principle of ransomware is that the malware encrypts files on a system’s hard drive using an unbreakable key, and this is decrypted by the attacker once a ransom is paid.
There have been increased instances of ransomware recently, both locally and nationally. Beware of unexpected or suspicious emails, especially those containing a link or requesting a reply. Most ransomware is delivered via email and the typical overall themes are shipping notices from delivery companies. Also, many attacks are delivered by mass random emails because the intention is to infect as many as possible to maximize the chances of getting a result.
Consider your district’s policies related to the protection of computer information. The most common advice to recover from an attack by ransomware relies largely on whether a good backup policy is employed. Backup expectations are discussed in the Accounting and Uniform Compliance Guidelines for Special Districts and Accounting and Uniform Compliance Guidelines for Indiana Political Subdivisions – Information Technology. Governmental entities also should keep their anti-virus software up-to-date and apply security patches in a timely manner.
RECORD OF HOURS WORKED
For officers and employees who are employed by more than one (1) public agency or in more than one (1) position by the same public agency, detailed time records are to be maintained for the hours worked for each public agency or each position at the same public agency. (IC 5-11-9-4)
An employee who works for more than one (1) governmental unit should not be paid by more than one (1) governmental unit for the same period of time worked. Such employee should use his/her accumulated leave time from one (1) governmental unit while serving the other governmental unit when there is an overlap in a work schedule.
In governmental units where time cards are not used, this requirement can be met by preparing an endorsement on the payroll claim form showing the general work schedule and listing the specific affected employees who worked hours different from the general work schedule. Such endorsement should be reviewed and approved by the individual responsible for approving payroll claims.
Another alternative is to add a statement on each affected Employee’s Service Record, General Form 99A and/or Employee’s Earning’s Record, General Form 99B indicating the specific hours to be worked daily by that employee. (Example: 8 a.m. to 4 p.m.) Time cards should be reviewed and approved by the individual responsible for approving payroll claims.
IC 5-15-6-3 states:
“No financial records or records relating to financial records shall be destroyed until the earlier of the following actions:
- The audit of the records by the state board of accounts has been completed, report filed, and any exceptions set out in the report satisfied.
- The financial record or records have been copied or reproduced in accordance with a retention schedule or with the written consent of the administration.”
IC 26-2-8-111 states in part:
“(a) If a law requires that certain records be retained, that requirement is met by retaining an electronic record of the information in the record that:
- Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
- Remains accessible for later reference…
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).”
More information on record retention is available on the Indiana Archives and Records Administration website at www.in.gov/iara , including retention schedules and electronic records management.
Indiana Code 5-11-1-27(l) requires a public officer who has actual knowledge or reasonable cause to believe that there has been a misappropriation of public funds or assets to immediately send a written notice to the State Board of Accounts and the prosecuting attorney.
Indiana Code 5-11-1-27(l) states:
(l) A public officer who has actual knowledge of or reasonable cause to believe that there has been a misappropriation of public funds or assets of the public office, including:
- information obtained as a result of a police report;
- an internal audit finding; or
- another source indicating that a misappropriation has occurred;
shall immediately send written notice of the misappropriation to the state board of accounts and the prosecuting attorney serving in the area governed by the political subdivision.
The State Examiner Directive 2015-6 also addresses this statute.
The policy must also consider Ind. Code § 5-11-1-27(l), which requires public officials who have actual knowledge of or reasonable cause to believe that there has been a misappropriation of public funds to immediately send written notice of the misappropriation to the State Board of Accounts and the prosecuting attorney. There is no materiality threshold applicable to Ind. Code § 5-11-1-27(l). Thus, whenever a political subdivision has actual knowledge or is reasonably certain that a misappropriation of public funds has occurred (regardless of the dollar amount), the political subdivision must send written notice of the misappropriation to the State Board of Accounts and the local prosecuting attorney. Misappropriation occurs when an employee or in-house contractor of the political subdivision wrongly takes or embezzles public funds. When there is a known misappropriation or embezzlement of public funds by an internal actor, materiality is irrelevant. Indiana law requires the political subdivision to report the activity to the State Board of Accounts and the local prosecutor. Ind. Code § 5-11-1-27(l).
We are finding that the requirements of this statute are not being followed consistently. If a public official fails to report the misappropriation of funds or assets in a timely manner, this will result in a finding in the audit report. This may also result in additional audit costs. Also, be aware that reporting the misappropriation to a law enforcement agency does not fulfill the requirements of the statute. Even when you have notified law enforcement officials, you must still notify the State Board of Accounts and the prosecutor. If there are any concerns on the response the board of accounts will take after a report is received or how they will liaison with the law enforcement investigation, you can contact our Director of Special Investigations at (317) 232-2513.
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