State & Local Reports

The audit shows questionable use of state funding at the Berkshire County Arc, Inc. (BCArc), a nonprofit organization located in Pittsfield, MA, that serves children and adults with intellectual and developmental disabilities, and individuals who need assistance with daily living. The audit examined July 1, 2017 through June 30, 2019.

The Office of Inspector General (OIG) conducted a review of the Chicago Police Department’s (CPD or the Department) disciplinary grievance procedure. When allegations of misconduct are made against a CPD member, the assigned investigating agency determines whether the allegations should be Sustained and, if so, recommend appropriate discipline for the accused member. CPD will then review the investigating agency’s disciplinary recommendation. If the Department goes on to issue discipline after this review process, the member facing discipline may have a right to grieve. Sworn members who are covered by union contracts have rights to pursue a disciplinary grievance for some but not all types of discipline issued to them. The disciplinary grievance procedure is governed by the collective bargaining agreements (CBAs) negotiated between the City of Chicago and each of the unions representing the sworn member ranks of police officer, sergeant, lieutenant, and captain. There are three grievance procedure pathways for CPD sworn members who wish to challenge issued discipline: (1) binding summary opinions (BSO), (2) arbitrations, and (3) Police Board review. The pathways open to a member depend on both the specific discipline issued and the member’s rank. CPD and the relevant union may also settle a grieved disciplinary case before the formal process is complete; these settlements can result in reduced or eliminated discipline.In addition to understanding the impact of the grievance procedure on disciplinary outcomes, OIG reached several findings that bear on the transparency and consistency of the disciplinary and accountability process: • Arbitrators exercise broad, unbounded discretion in their reviews of grievance cases, and as a result they often cite factors in their decisions that extend beyond the specific alleged misconduct including, but not limited to, management and operational considerations such as an officer’s history (as mitigating or aggravating) and the deterrent effect of the discipline.• The processes for BSOs and grievance arbitrations lack transparency, as compared to the publicly available information on complaints.• The settlement process lacks transparency, as compared to the publicly available information on complaints.• Written settlement agreements do not follow a consistent format, and settlement agreements do not consistently record all basic descriptive information about cases.• Settlements are regularly used to resolve discipline after Sustained findings of misconduct, and these settlements regularly result in the removal of rule violations from sworn members’ records.• Ninety percent of completed grievance arbitrations between November 2014 and December 2017 have been assigned to just three independent arbitrators operating with vast discretion, little public transparency, and negligible substantive post-decision review.OIG recommends that CPD take several measures to improve the consistency and transparency of the disciplinary grievance procedure.

What Was Performed? An Examination of the State’s Disproportionate Share Hospital Payments Program (DSH) for Fiscal Year Ended June 30, 2017.Why This Engagement? The State of Delaware Department of Health and Social Services (DHSS) Division of Medicaid and Medical Assistance (DMMA) administers the DSH. The Medicaid program is required to make Disproportionate Share Hospital payments to qualifying hospitals that serve a large number of Medicaid and uninsured individuals. This program is regulated by the federal government. States that receive federal funding must annually certify that six required verifications are examined to ensure compliance with the federal program. The certification is submitted at least every four years. What Was Found? It is my pleasure to report this engagement contained an unmodified opinion.1 In addition, the examination contained no findings required to be reported under Government Auditing Standards.The State of Delaware Department of Health and Social Services Division of Medicaid and Medical Assistance Disproportionate Share Hospital Payments Program (DSH) for Fiscal Year Ended June 30, 2017,can be found on our website.

The purpose of this audit was to provide information on the Office of Juvenile Justice’s (OJJ) response to the COVID-19 pandemic in its secure care facilities. Overall, OJJ faced multiple issues and challenges in addressing the pandemic. We found the agency’s protocols generally complied with guidance from the U.S. Centers for Disease Control and Prevention (CDC) for medical isolation, screening, visitation, personal protective equipment, and social distancing. However, agency officials were unable to verify whether the facilities consistently followed the protocols because of the suspension of onsite visits and quality assurance audits between March and September 2020.

What Was Performed? An examination of Brackenville Center Long-Term Healthcare Facility as of June 30, 2016. Why This Report? The State of Delaware is required to ensure that the fiscal records at nursing care facilities are retained and properly support the cost report, or the financial report showing the cost and charges related to Medicaid activities, submitted to the Medicaid agency. These costs must be in compliance with federal and state regulations.Under the Delaware Medicaid State Plan, the State is required to examine a sample of facilities around the state to ensure facility cost reports and wage surveys are in compliance with federal requirements and state requirements.What was found? I am pleased to report that there were no findings and that Brackenville Center Long-Term Healthcare Facility complied with federal and state regulations.The Examination of Brackenville Center Long-Term Healthcare Facility as of June 30, 2016, can be found on our website.

The purpose of this audit was to determine whether the North Carolina Office of State Budget and Management’s (OSBM) North Carolina Pandemic Recovery Office (NCPRO) designed and implemented procedures to ensure that: (1) Coronavirus Relief Funds were being spent in accordance with the 2020 COVID-19 Recovery Act and subsequent amendments. (2) Programs that received Coronavirus Relief Funds were achieving their legislatively intended result.

Prosper Portland’s Small Business Relief Fund provided a lifeline during the early days of the pandemic. Staff successfully delivered dollars to struggling businesses but in haste, short-changed program integrity. We make recommendations for building a stronger program the next time disaster strikes