North Dakota Children's Services Coordinating Committee, DAB No. 1399 (1993)

Department of Health and Human Services

DEPARTMENTAL APPEALS BOARD

Appellate Division

SUBJECT:  North Dakota Children's Services  Coordinating Committee

DATE:  March 24, 1993
Docket No.  A-92-152
Audit Control No. A-08-91-15977
Decision No. 1399

DECISION

The North Dakota Children's Services Coordinating Committee (CSCC)
appealed a determination by the Administration for Children and Families
(ACF) disallowing $94,521 charged to a grant awarded under the Temporary
Child Care for Handicapped Children and Crisis Nurseries Act of 1986
(Act), 42 U.S.C. 5117--5117d.  Based on an audit report issued by the
North Dakota Office of State Auditor, ACF determined that CSCC had not
properly documented $85,421 in payroll costs and $9,100 in contract
costs.

During Board proceedings, CSCC presented documentation in response to
the audit findings which it asserted supported its payroll and contract
costs.  The State auditor reviewed CSCC's documentation and found it
adequate to substantiate $16,452 in payroll costs and $1,297 in contract
costs.  Accordingly, ACF reduced the disallowance to $76,772, $68,969
for payroll costs and $7,803 for contract costs.

For the reasons stated below, we find that CSCC failed to maintain
documentation adequate to demonstrate that the contested payroll and
contract costs were allowable charges to the project grant in question.
We further find that ACF reasonably determined to allow only those costs
which the State auditor found were substantiated by CSCC's
documentation.  Therefore, we uphold the disallowance. 1/

Background

The Act made funds available for grants to states for "temporary
emergency services and care for children."  States were authorized to
assist private and public agencies to provide "crisis nurseries for
children at risk of or experiencing abuse or neglect, or in families
receiving child protective services."  53 Fed. Reg. 25262 (July 5,
1988).  CSCC received a demonstration grant for a "Model Program to
Provide Crisis Child Care" by a notice of award dated September 28,
1988.  The approved project period, as extended, was September 30, 1988
through June 30, 1990.  (A competing continuation award further extended
the project period through November 30, 1991.)  CSCC implemented this
grant using two regional entities (Families First Regions III and IV)
which dealt directly with the families served.  CSCC's project
encompassed "24 hour crisis counseling and child care as well as
comprehensive case management services."  CSCC grant application at 21,
CSCC's supplemental memorandum, Exhibit (Ex.) A.

A report issued by the Office of State Auditor reviewed costs charged to
this grant as part of an audit of CSCC for the three-year period ending
June 30, 1990 (State fiscal years (FYS) 1988, 1989, and 1990).  With
regard to this grant, the audit report found:

 Amounts reported as federal expenditures are not supported by
 adequate documentation which would allow testing to determine if
 the expenditures were in accordance with federal regulations.

Audit report at 30, CSCC's June 15, 1992 submission.

The audit examined payroll costs for the two regional entities as well
as two FY 1989 contracts (for $2,000 and $3,000), each for up to "800
hours of crisis child care," and two FY 1990 contracts (each for $2,050)
for fiscal agent services.  CSCC's supplemental memorandum, Exs. B, C,
D, and E (the contracts).

The audit report found that CSCC made payments to its contractors "in
advance of any services being provided" and that there was "no
documentation" or "follow up" to verify that services were actually
provided.  Audit report at 31, CSCC's June 15, 1992 submission.

Based on the audit report, ACF disallowed the questioned payroll and
contract costs.  CSCC's May 18 and June 15, 1992 submissions.  As noted
above, ACF adjusted the disallowance downward to reflect later audit
findings that CSCC had presented documentation adequate to substantiate
some of the questioned costs.

Applicable Requirements

The cost principles for state and local governments are contained in
Office of Management and Budget (OMB) Circular A-87 (A-87), which was
made applicable to this grant by 45 C.F.R. . 74.171(a). 2/  OMB A-87,
Att. B, B.10.b. provides, in relevant part:

 Payrolls must be supported by time and attendance or equivalent
 records for individual employees.  Salaries and wages of
 employees chargeable to more than one grant program or other
 cost objective will be supported by appropriate time
 distribution records.  The method used should produce an
 equitable distribution of time and effort.

Costs charged to federal grants must not only be reasonable in amount,
but must also be "necessary" to the administration of a grant and
"allocable thereto."  OMB A-87, Att. B, B.10.a, and Att. A, C.1.a.
Costs are only "allocable to a particular cost objective to the extent
of benefits received by such objective."  Id. at Att. A, C.2.a.

In addition, 45 C.F.R. Part 74 contains the applicable financial
management standards.  Section 74.61(b) provides that accounting records
which "identify adequately the source and application of funds for
grant- or subgrant-supported activities shall be maintained."  Section
74.61(g) provides that "[a]ccounting records shall be supported by
source documentation such as cancelled checks, paid bills, payrolls,
contract and subgrant award documents, etc."  Section 74.61(f) further
provides that "[p]rocedures shall be established for determining the
reasonableness, allowability, and allocability of costs in accordance
with the applicable cost principles."

Discussion

I.  Payroll costs

With regard to payroll costs for Families First Regions III and IV, the
audit report questioned $85,421 in payroll costs and found that --

 [p]ayroll expenditures are . . . not supported by adequate
 documentation. . . . [A]mounts used for payroll are for
 employees of the regional offices.  At the regions, hourly
 employees prepare time cards and salaried employees maintain a
 time log to verify the total time worked in a given period.
 These time cards and time logs are maintained at the regional
 offices.  At the end of each pay period, monthly, an individual
 from the regional offices will telephone the [CSCC] office in
 Bismarck with the total number of hours each employee has
 worked.

 Per discussion with the client, no reconciliation between the
 number of hours paid and the number of hours on the time cards
 is ever performed.  In addition, there is no breakdown as to how
 much time is spent on federal programs as opposed to other
 programs.  Determination of amounts used for salaries was based
 on the original budget submitted with the grant application.

Audit report at 31, CSCC's June 15, 1992 submission.

At the outset of this appeal, CSCC acknowledged that at the time of the
audit the payroll records of its two regional entities did not
adequately identify time spent on federal programs.  CSCC's May 18, 1992
notice of appeal at 1.  However, CSCC asserted that it had recalculated
its payroll costs for its regional offices "utilizing the case managers
time logs and their case notes for each family served."  CSCC's
September 21, 1992 submission.  CSCC stated that the time logs were a
daily record showing the services provided and the amount of time spent
with each family.  To support its appeal, CSCC submitted summary
schedules showing for each regional entity the amount of recalculated
payroll costs it allocated to this grant and to its other activities.
CSCC's May 18, 1992 notice of appeal.  Its recalculated payroll costs
totaled $3,907.11 for FY 1989 ($1,882.08 for Region III and $2,025.03
for Region IV) and $68,633.61 for FY 1990 ($42,189.16 for Region III and
$26,444.45 for Region IV).  CSCC submitted schedules showing the payroll
costs it allocated for each employee as well as time logs and case notes
for one month for one employee in each region.  CSCC stated that the
time logs and case notes it submitted were representative of the
documentation maintained by the regional offices.  CSCC's September 21,
1992 submission.  The regions used different forms.  For Region III, the
time logs list activity codes for activities such as "parent education"
or "direct service" and have columns for the employee to list for each
day what activities were performed.  For Region IV the time logs have
columns corresponding to various activities such as "direct service" or
"collateral contacts" so that the time spent each day for various
activities can be listed under each column.  The case notes give the
contacts with a family by date and contain a brief description of the
worker's interaction.

The State auditor reviewed the documentation provided by CSCC to support
the recalculated payroll costs.  The auditor examined schedules showing
the allocation of payroll costs and time logs.  The auditor found that
the documentation was not adequate to determine the distribution of
time.  The auditor only verified that "[i]f [CSCC's] . . . procedure was
100% accurate" payroll costs were $72,540.72.  Auditor's July 6, 1992
letter (ACF Ex. A).  However, at ACF's request, the auditor performed an
additional review of CSCC's supporting documentation for the
recalculated costs.  The auditor reviewed the time logs and case notes
for a sample of employees and concluded that --

     [b]ased on projections, the results indicate that if we were to
     have tested all individuals for the entire period the records would
     substantiate $16,452 in payroll costs which would have been
     allowable.

     . . .  Based on our subsequent testing, we stand by our original
     conclusion [that] the payroll expenditures are not supported by
     adequate documentation.

Auditor's letter of October 27, 1992 (ACF Ex. B).

In its supplemental memorandum submitted on December 14, 1992, CSCC
asserted that --

 [t]he payroll costs, as recalculated by the auditor, are based
 on documentation of case management direct service time provided
 to families who had been, or were at risk, of abusing and
 neglecting their children.  All case management direct services
 provided to these families by the Families First organizations
 were charged to the Crisis Nurseries program in accordance with
 the grant application.  Therefore, the total recalculated
 payroll costs ($70,515) should be allowed under the grant.

In light of these assertions, ACF again sought advice from the auditor.
By letter of January 4, 1993 (ACF Ex. C), the auditor responded that --

 [a]t no time during the additional review process did the North
 Dakota State Auditor's Office . . . find $70,515 in payroll
 costs.  This represents the amount which the appellant
 recalculated and provided to this office during the review
 process. . . .

  . . .  The reason we could not substantiate the full amount
  tested [for the recalculated costs] was that the documentation
  provided shows no dates, times, or descriptions of activities
  which can be relied upon to show that activities were related
  to allowable [activities] under the grant.

ACF reduced the payroll costs disallowance by the $16,452 substantiated
by the auditor as allowable.  However, based on the auditor's January 4,
1993 letter, ACF continued to assert that CSCC had not presented
information adequate to demonstrate that the remaining recalculated
payroll costs were allowable. 3/

In response, CSCC argued that its documentation was sufficient to show
"the total amount of direct service time provided to vulnerable
families" and that ACF had not addressed CSCC's position that "[a]ll
case management direct services provided to these families" was properly
charged to this project.  CSCC's January 25, 1993 submission.

We find CSCC's arguments unpersuasive and conclude that ACF reasonably
rejected the documentation underlying CSCC's recalculated payroll costs
and accepted only the $16,452 which the State auditor found was
supported by adequate documentation.  CSCC's arguments fail to take into
account the essential point that it was obliged under the terms of its
grant agreement to document its costs.  Even if CSCC is correct that all
case management services costs for the families served under this
project were incurred for grant purposes, CSCC is not thereby relieved
of its obligation to document the allowability of all such costs charged
to this project.

The Board has consistently held that the federal recordkeeping
requirements and cost principles place the burden on grantees to
document their costs.  Moreover, the Board has stated that it is
reasonable to disallow costs which may in fact have been incurred when a
grantee is unable to document that the costs are properly charged to its
federal grant.  See Michigan Dept. of Mental Health, DAB No. 1291 (1992)
at 4.  CSCC conceded that the Families First regional offices failed to
maintain the time distribution records required by federal cost
principles (OMB A-87) to substantiate payroll costs.  The deficiencies
in the payroll records were detailed in the audit report.  The failure
to maintain the required records deprived the federal grantor agency of
the assurance that payroll costs charged to the federal program were
reasonable and necessary costs properly allocated to this project.
Since CSCC's regional offices admittedly failed to maintain the required
records, payroll costs can be charged to this project only if CSCC
provides adequate alternative documentation to meet federal
requirements.

In lieu of the documentation which was required by the terms of its
grant, CSCC sought to substantiate its payroll costs with the time logs
and case notes of its service workers.  However, there is nothing on the
face of the time logs and case notes to link the activities described to
this grant as opposed to the regional offices' other activities.  These
time logs and case notes do not provide any specificity about the nature
and amount of grant-related work performed on particular occasions.
While CSCC asserted that the recalculated payroll costs reflected total
case management services time, this conflicts with the State auditor's
examination of this supporting documentation.  The State auditor
examined the case notes and time logs which CSCC asserted supported in
excess of $70,000 in payroll costs and found them adequate to support
only $16,452.  The State auditor's findings are restated above.  CSCC
disagreed with the auditor's findings and asserted that he was too
restrictive when assessing which payroll costs were allocable to this
grant.  Nevertheless, CSCC has not explained how the documentation in
fact supports payroll costs in addition to those found substantiated by
the auditor.  The auditor clearly found CSCC's documentation inadequate
to show the activities and time expended for the grant project.  CSCC's
conclusory assertion that this grant was to pay for all case management
services does not establish any connection between the entries on the
time logs and case notes and the grant project beyond what the State
auditor found.  Since the documentation itself does not establish a link
with this project, CSCC is relying on its non-contemporaneous assessment
of regional activities in an effort to justify the questioned payroll
costs.  The Board has generally been reluctant to find that
non-contemporaneous documentation met applicable record keeping
requirements and has stated that such documentation must be closely
scrutinized.  See Second Street Youth Center, Inc., DAB No. 1270 (1991)
at 5.  We consider CSCC's non-contemporaneous recalculation based on
documents which were never intended to substantiate payroll charges
similarly subject to close scrutiny.  Here, such scrutiny was provided
by the State auditor who at ACF's request examined the documentation and
found that only a small proportion of the recalculated costs were
substantiated.  Even if it were likely that payroll costs in excess of
those found by the auditor were in fact incurred, ACF is not required to
allow the disputed costs to be charged to this project.  This is so
because of the burden on CSCC to document the existence and allowability
of costs charged to a federally funded project.  CSCC's general
arguments provide no reasons for ACF to reject the State auditor's
findings as to the amount of payroll costs allocable to this project.

Therefore, since CSCC failed to assure that regional payroll costs were
supported by the required time distribution records, ACF was reasonable
when it determined to allow only those payroll costs substantiated by
the State auditor based on CSCC's alternative documentation.

II.     Contract costs

The audit report found that CSCC had paid its contractors in advance of
any services and that it had no documentation to verify that services
were actually performed.  Audit report at 31, CSCC's June 15, 1992
submission.  During Board proceedings CSCC submitted documents which it
asserted supported the questioned contract costs.  ACF accepted $1,297
in expenditures made by one of the fiscal agents, the Grand Forks Public
School District; CSCC conceded that the remaining amount charged to the
grant for this contractor's costs, $753, should be returned to ACF.
CSCC September 21, 1992 submission at 2.

CSCC submitted copies of the contracts (CSCC's supplemental memorandum,
Exs. B, C, D, and E), an expenditure report for the other fiscal agent,
and reports from the child care contractors (CSCC's September 21, 1992
submission).  The State auditor reviewed the expenditure report from the
First American Bank of Minnewaukan and reports from Nokomis Child Care
Center, Inc. and Belmont Baby Care.  The auditor found that the
proffered documents were inadequate to substantiate any expenditures for
these three contracts.  Auditor's January 4, 1993 letter (ACF Ex. C).
ACF rejected the documentation submitted by CSCC for these contractors
based on the State auditor's findings.  We uphold ACF's determination
for the reasons discussed below.

   Fiscal Agent Contractor

o  First American Bank of Minnewaukan -- The auditor reviewed an
expenditure report which showed funds advanced of $2,050.  The report
shows no expenditures and a beginning and an ending balance of $2,050
for a reporting period from May 10, 1989 through June 30, 1989.  ACF's
Ex. C, Att. B.  The auditor stated that "[t]his report provides no
evidence that any of the funds were spent."  Auditor's January 4, 1993
letter (ACF Ex. C).  Since there is no documentation of any expenditures
by the fiscal agent, the amount advanced to the contractor cannot be
charged to the grant.

   Child Care Contractors

o  Nokomis Child Care Center -- CSCC advanced $2,000 to the Nokomis
Child Care Center, Inc.  The contract with Nokomis required "at least
800 hours of crisis child care to children at imminent risk of abuse or
neglect and whose parents would benefit from an emergency child care
service."  CSCC's supplemental memorandum, Ex. D.  The record contains
an unsigned and undated one-page document entitled "Narrative Final
Report," purportedly detailing services provided by Nokomis under this
grant as well as a one-page 1990 Nokomis "Year End Report" describing
the types of families served and stating that it provided 70,074 hours
of child care at a cost of $215,420.  CSCC's September 21, 1992
submission.  The narrative report states that grant funds were used to
provide care to children not meeting Nokomis' regular enrollment
criteria (working parents or in school).  The report identified two
families served. 4/  For case number one, the report stated:

     We provided these children with care on 3 days a week while the mom
     attended counseling, appointments, medical appointments, and had
     some basic respite time to take care of herself.

For case number two, the report stated:

     We serve the children 2 days a week on a regular basis for which
     the family pays.  We also serve as a drop in center during mom's
     medical emergencies (which amounted to over 250 hours during 1990).

ACF's Ex. C, Att. C.

The auditor found that --

 [f]rom an audit stand point this narrative report is not
 adequate documentation.  What should have been required is a
 breakdown of the specific days and hours each child was cared
 for.  In addition a per hour cost for this care should have been
 reported.  Last, the report should be signed and dated by an
 appropriate representative of the child care center certifying
 that the information is correct that the services were provided.

Auditor's January 4, 1993 letter (ACF Ex. C).

o  Belmont Baby Care -- CSCC advanced $3,000 to Belmont Baby Care.  The
contract with Belmont required "up to 800 hours of crisis child care to
children who are at imminent risk of abuse or neglect and whose parents
will benefit from an emergency child care service."   CSCC's
supplemental memorandum, Ex. E.  The record contains an unsigned,
undated, and handwritten two-page schedule which lists for each month
from June through November of 1990 several children and a total amount,
presumably indicating when and to whom care was provided and at what
cost.  CSCC's September 21, 1992 submission.  The amounts attributed to
the children total $3,000.  There are no dates or hours of service
listed.

The auditor found that --

 [w]hile this report shows the total $3,000 to have been earned,
 the report does not provide adequate documentation to
 substantiate that the provisions of the contract were fulfilled.

 From an audit stand point this report is not adequate
 documentation.  First, I can place no reliance on this report as
 anyone can obtain a four column ledger sheet and add names,
 dates and amounts.  What should have been required is a
 breakdown of the specific days and hours each child was cared
 for.  In addition, a per hour cost for this care should have
 been reported.  Last the report should be signed and dated by an
 appropriate representative of the child care center certifying
 that the information is correct and that the services were
 provided.

Auditor's January 4, 1993 letter (ACF Ex. C).

CSCC provided the Nokomis and Belmont reports as the only support for
the allowability of its contract costs; it gave no reasons why ACF
should find these reports sufficient when the State auditor did not.
CSCC argued only that its contractors had provided these final reports
to CSCC and that it had required no other reports.  CSCC's supplemental
memorandum.

As we explained above, it is a fundamental principle that a grantee have
documentation to support its claim for costs.  Further, grant funds may
be used only for allowable costs, and a grantee must maintain control
and accountability for all grant funds.  45 C.F.R. . 74.61(b).  The
applicable financial management standards required that CSCC maintain
records showing how funds were applied for grant supported activities,
as well as maintain source documentation to support its accounting
records.  45 C.F.R. . 74.61(b) and (g).  OMB A-87 provides that a state
grantee "assumes the responsibility for seeing that federally-assisted
program funds have been expended and accounted for consistent with . . .
program objectives."  OMB A-87, Att. A, A.2.b.  These financial
management and cost principle requirements imposed a duty on CSCC to
monitor its contractors to assure that costs charged to federal funds
were adequately documented.  Nevertheless, CSCC simply advanced the
$2,000 and $3,000 payments to these contractors and received no
contemporaneous reports showing how these child care funds were applied
for purposes of the grant.

The Belmont and Nokomis reports do not satisfy the requirement for
source documentation since they are not contemporaneous records of care
provided under this project.  As we stated above, non-contemporaneous
documentation is subject to close scrutiny.  The Nokomis and Belmont
reports were undated and unsigned, containing no reference to any
underlying records which were the source for the entries on the reports
as to children served under this project or the time and cost of that
care.  The State auditor found that these reports were deficient
primarily because they did not provide a breakdown of the days and hours
each eligible child was cared for, stating a per hour cost, and because
the reports were not properly certified by a contractor official.  CSCC
clearly failed to maintain adequate supporting documentation for these
contract costs.  Under these circumstances, it was reasonable for ACF to
adopt the auditor's findings and disallow the contract costs for child
care.

Conclusion

Based on the foregoing analysis, we uphold ACF's reduced disallowance in
the amount of $76,772.

 

     M. Terry Johnson

 

     Norval D. (John) Settle

 

     Cecilia Sparks Ford Presiding
     Board Member

1.  In order to assure full development of the record, the Board held a
telephone conference and permitted the parties to file supplemental
memoranda in addition to the briefing submitted under the procedures at
45 C.F.R. . 16.8.

2.  Until October 1, 1988, the administrative requirements for grants to
state and local governments stated in OMB Circular A-102 were
implemented by 45 C.F.R. Part 74.  As of that date, administrative
requirements for many grants to states and local governments were
implemented by means of a uniform rule codified for this Department at
45 C.F.R. Part 92.  ACF and the auditor both relied on the uniform rule
which was implemented in Part 92.  However, the notice of award for this
grant was dated September 28, 1988 and cited to 45 C.F.R. Part 74 as
stating the applicable terms and conditions of award.  ACF January 25,
1993 submission.  There is no document in the record showing that the
requirements of 45 C.F.R. Part 92 were later substituted.  Therefore, we
look to Part 74 for the applicable cost principles and financial
management requirements for this grant.  Since the relevant substantive
requirements are essentially the same and the cost principles in OMB
A-87 would apply whether we use Part 74 or Part 92, this is merely a
technical point we are clarifying for the parties' information.

3.  CSCC conceded that it should repay $14,906 in payroll costs,
representing the amount by which the questioned costs exceeded its
recalculated costs ($85,421 - $70,515).  There is nothing in the record
to explain the discrepancy between the initial figure confirmed by the
auditor for recalculated costs of $72,540.72 and the later $70,515
figure used by both parties.  Since we find the documentation inadequate
to support the allowability of any of the recalculated costs except
those accepted by the auditor, we do not need to resolve this
discrepancy.

4.  It is unclear from the narrative report whether five or six children
were served since the report stated that five children were served but
described each family as having three