REPORT DIGEST HUMAN RIGHTS COMMISSION COMPLIANCE EXAMINATION For the Two Years Ended: June 30, 2013 Release Date: March 20, 2014 Summary of Findings: Total this audit: 7 Total last audit: 4 Repeated from last audit: 2 State of Illinois, Office of the Auditor General WILLIAM G. HOLLAND, AUDITOR GENERAL To obtain a copy of the Report contact: Office of the Auditor General, Iles Park Plaza, 740 E. Ash Street, Springfield, IL 62703 (217) 782-6046 or TTY (888) 261-2887 This Report Digest and Full Report are also available on the worldwide web at www.auditor.illinois.gov SYNOPSIS • The Commission failed to comply with the Illinois Torture Inquiry and Relief Commission Act. • The Commission did not publish its decisions as required. • Provisions of an interagency agreement were not complied with. • The Commission lacked adequate controls over State property and reporting. FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS FAILURE TO COMPLY WITH THE ILLINOIS TORTURE INQUIRY AND RELIEF COMMISSION ACT The Illinois Torture Inquiry and Relief Commission (TIRC), operating within the Illinois Human Rights Commission (Commission), did not comply with provisions of the Illinois Torture Inquiry and Relief Act. We tested a sample of claimant files and noted the following: • Three of 15 (20%) claimant files tested did not contain a signed waiver of convicted person’s procedural safeguards and privileges as required. In addition, 12 of 15 (80%) claimant files tested did not contain information substantiating the date the formal inquiry took place. • Nine of 15 (60%) claimant files tested did not contain evidence the victim was notified and explained the inquiry process and their rights throughout the investigation, following a formal inquiry being granted. In addition, 15 of 15 (100%) claimant files tested did not contain evidence the Commission notified the victims following the conclusion of the Commission’s decision on a case. • The Commission’s annual reports filed in FY12 and FY13 did not contain information reflecting the TIRC’s current activities, performance measures, or recommendations on the funding needed in order to meet their responsibilities under the Act. (Finding 1, pages 9-11) We recommended the TIRC comply with the Act’s provisions regarding claimant files including obtaining and maintaining signed waivers prior to formal inquiries and ensuring those inquiries were adequately documented. We further recommended the TIRC ensure it notifies and documents the correspondence with victims as required. We also recommended the TIRC ensure its annual reports contain all the required elements. The Commission agreed with our recommendation and stated the TIRC has hired new staff and has created a new checklist to be used in every file to ensure each file is properly maintained. The Commission plans to revamp all its policies and procedures to ensure that victims are properly notified. FAILURE TO PUBLISH DECISIONS AS REQUIRED The Human Rights Commission (Commission) did not publish its decisions as required. We tested 25 decisions issued during the examination period and noted no decisions were posted to the Commission’s website during FY12 and FY13 as required. (Finding 2, page 12) This finding was first reported in 2007. We recommended the Commission comply with the Illinois Human Rights Act and publish all of its decisions within 120 calendar days. Commission officials partially agreed with the finding and stated the condition was the result of inadequate staffing necessary to undertake publishing duties. The Commission stated it has hired new staff that will periodically update its website to ensure that current information relative to the publication of orders is completed within 120 days as required by statute. (For previous Commission response, see digest footnote #1) NEED TO COMPLY WITH INTERAGENCY AGREEMENT The Commission did not comply with provisions in an interagency agreement. The Commission entered into an interagency agreement with the Illinois Criminal Justice Information Authority (ICJIA) and the Illinois Torture Inquiry and Relief Commission (TIRC) during FY13 for the purpose of administering a federal grant for the TIRC. We noted the Commission did not file required quarterly progress and fiscal reports with the ICJIA. (Finding 3, page 13) We recommended the Commission comply with the interagency agreement by filing required reports. Commission officials agreed with our recommendation and stated the Illinois Torture Inquiry and Relief Commission has hired new staff and has submitted its FY13 quarterly reports to ICJIA as required. NEED TO IMPROVE CONTROLS OVER STATE PROPERTY The Commission did not maintain sufficient controls over the utilization, recording and reporting of State property. We noted the following: • Twenty-seven property items appeared to be obsolete. Ten of 27 (37%) items, totaling $8,986 were found on the Commissions inventory listing. Fifteen of 27 (56%) items could not be traced to the Commission’s inventory listing, and no other supporting documentation was provided. In addition, two computers found among the obsolete equipment were not properly marked with a State property identification number. • Four of 25 (16%) equipment items selected for testing, totaling $1,580, were unable to be located. • Two of 25 (8%) equipment items selected for testing, totaling $4,754, were found in different locations than indicated on the Commission’s inventory listing. (Finding 5, pages 15-16) We recommended the Commission ensure property records are properly maintained and all State property is properly tagged and inventoried. Further, we recommended the Commission survey its inventory of surplus State property held in storage and transfer obsolete and unused equipment to the Department of Central Management Services. Commission officials agreed with our recommendation and stated it has devised a monthly checklist of its incoming and outgoing inventory and continues to submit required quarterly property reports to the appropriate agencies. OTHER FINDINGS The remaining findings pertain to the failure to document expenditure and appropriation reconciliations, failure to comply with the Illinois Human Rights Act, and failure to implement the Identity Protection Act and are reportedly being given attention by the Commission. We will review the Commission’s progress toward implementation of our recommendations in our next examination. AUDITORS’ OPINION We conducted a compliance examination of the Commission as required by the Illinois State Auditing Act. The Commission has no funds that require an audit leading to an opinion of financial statements. WILLIAM G. HOLLAND Auditor General WGH:PAH AUDITORS ASSIGNED The compliance examination was performed by the Auditor General’s staff. DIGEST FOOTNOTE #1 UNTIMELY PUBLICATION OF DECISIONS – Previous Commission Response 2011: The Commission “Agrees” with this finding as it applies to FY09/10. This was due to unavailability of resources and appropriate manpower. The problem has been resolved and HRC is publishing its decisions on a timely manner.