REPORT DIGEST

 

DEPARTMENT OF FINANCIAL INSTITUTIONS

 

COMPLIANCE EXAMINATION

For the Two Years Ended:

June 30, 2004

 

(Final Examination)

 

Summary of Findings:

 

Total this audit                          2

Total last audit                          4

Repeated from last audit           0

 

 

Release Date:

April 6, 2005 

 

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 is also available on

the worldwide web at

http://www.state.il.us/auditor

 

 

 

 

 

 

INTRODUCTION

 

     This digest covers our final compliance examination of the Department of Financial Institutions for the two years ended June 30, 2004.  Effective July 1, 2004, Executive Order Number 6 (2004) transferred all powers, duties, rights and responsibilities vested in the Department of Financial Institutions to the newly created Department of Financial and Professional Regulation. The transferring of responsibilities was considered in developing the recommendations to the findings.

 

     The Department of Financial Institutions is authorized by law to investigate, examine, license, and regulate financial institutions in the State of Illinois, including currency exchanges, credit unions, title insurance companies, foreign exchanges, and businesses making loans of $25,000 or less. 

 

SYNOPSIS

 

¨      The Department made payments for efficiency initiative billings from improper line item appropriations.  Efficiency payments totaled $114,944 in fiscal year 2004.

 

¨      The Department was not maintaining time sheets for its employees in compliance with the State Officials and Employees Ethics Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

{Expenditures and Activity Measures are summarized on the next page.}


ILLINOIS DEPARTMENT OF FINANCIAL INSTITUTIONS

COMPLIANCE EXAMINATION

For The Two Years Ended June 30, 2004

 

EXPENDITURE STATISTICS

FY 2004

FY 2003

FY 2002

·        Total Expenditures (All Funds).............................

$7,664,868

$8,460,484

$8,183,068

     Personal Services.......................................................

         % of Total Expenditures....................................

         Average No. of Employees...............................

$4,804,175

62.7%

82

$5,052,895

59.8%

92

$4,933,400

60.1%

99

     Other Payroll Costs (FICA, Retirement, Insurance)....

         % of Total Expenditures....................................

$1,935,814

25.3%

$1,871,330

22.1%

$1,888,393

23.1%

     Contractual Services..................................................

         % of Total Expenditures....................................

$417,089

5.4%

$629,458

7.4%

$495,418

6.1%

     Electronic Data Processing.........................................

         % of Total Expenditures....................................

$98,845

1.3%

$399,118

4.7%

$356,751

4.4%

    Travel ........................................................................

         % of Total Expenditures.........................................

    Telecommunications ...................................................

         % of Total Expenditures.........................................

   Commodities...............................................................

       % of Total Expenditures...........................................

   All Other Items............................................................

         % of Total Expenditures.............................................

$267,737

3.5%

$102,692

1.3%

$27,054

.4%

$11,462

.1%

$309,667

3.7%

$121,031

1.4%

$33,632

.4%

$43,353

.5%

      $349,358

4.3%

$112,039

1.4%

$21,801

.3%

$25,908

.3%

·        Cost of Property and Equipment ..........................

$751,045

$868,590

$837,609

CASH RECEIPT STATISTICS

FY 2004

FY 2003

FY 2002

   Consumer Credit Organizations..................................

   Currency Exchanges...................................................

   Credit Unions............................................................

      Total Cash Receipts............................................

$  7,983,663

551,783

    5,054,828

$13,590,274

$  5,857,489

493,464

    3,871,739

$10,222,692

$3,508,388

469,802

  3,770,674

$7,748,864

SELECTED ACTIVITY MEASURES (Not Examined)

FY 2004

FY 2003

FY 2002

CONSUMER CREDIT DIVISION

     Number of licensees...................................................

     Number of exams performed......................................

 

1,859

1,480

 

1,709

1,583

 

1,698

1,454

CURRENCY EXCHANGE DIVISION

     Number of licensed exchanges....................................

     Number of exams performed......................................

 

901

729

 

940

805

 

973

815

CREDIT UNION DIVISION

     Number of state chartered credit unions......................

     Number of exams performed......................................

 

381

304

 

400

286

 

433

355

AGENCY DIRECTOR(S)

During Audit Period:  Sarah Vega (07-2002 / 12-2002), Daniel E. Cavanaugh, Acting (01-2003 / 02-2003), Edgar I. Lopez, Acting (02-2003 / 08-2003), Roxanne Nava (08-2003 / 02-2004), Michele V. Latz (03-2004 / 06-2004)

Currently:  Fernando E. Grillo, Secretary, Department of Financial and Professional Regulation; Michele V. Latz, Director, Division of Financial Institutions


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Department did not receive guidance or documentation with the billings from CMS

 

 

 

 

 

Efficiency initiatives payments totaled $114,944

 

 

 


Efficiency payments were made from line item appropriations which had available monies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department employees did not maintain time sheets as required by the Act

 

 

 

 

 

 

 

 

 

 

FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS

 

        PAYMENTS WERE MADE FOR Efficiency     Initiative BILLINGS FROM IMPROPER LINE ITEM APPROPRIATIONS

 

     The Department made payments for efficiency initiative billings from improper line item appropriations and funds.  Public Act 93-0025, in part, outlines a program for efficiency initiatives to reorganize, restructure and reengineer the business process of the State.  The State Finance Act details that the amount designated as savings from efficiency initiatives implemented by the Department of Central Management Services (CMS) shall be paid into the Efficiency Initiatives Revolving Fund.  The Act further requires State agencies to pay these amounts from line item appropriations where the cost savings are anticipated to occur.

 

     The Department did not receive guidance or documentation with the billings from CMS detailing from which line item appropriations savings were anticipated to occur.  According to Department staff, the Department was not provided any evidence of savings by CMS.  The only guidance received was all payments should be taken from other funds for the September 2003 billings.

 

     During FY04, the Department received three billings and made payments totaling $114,944 from CMS for savings from efficiency initiatives.  Based on our review, we question whether the appropriate appropriations, as required by the State Finance Act, were used to pay for the anticipated savings. 

 

     We found that the Department made payments for these billings not from line item appropriations where the cost savings were anticipated to have occurred but from line items that simply had known available funds.  The Department paid the entire $114,944 from personal services related line item appropriations.  These monies were applied to the Procurement Efficiency, Information Technology, and Vehicle Fleet Management initiatives.

 

     We recommended the Department only make payments for efficiency initiative billings from line item appropriations where savings would be anticipated to occur.  Further, the Department should seek an explanation from CMS as to how savings levels were calculated, or otherwise arrived at, and how savings achieved or anticipated impact the Department’s budget.  (Finding 04-1, pages 9-11)

 

     Department officials concurred with our recommendation and stated pursuant to the provisions of Public Act 93-0025 and recommendations of the Governor’s Office of Management and Budget, the Department made efficiency initiative payments from line items where the anticipated savings would have the least affect on the Department’s ability to meet its statutory requirements.  The Department will also seek from Department of Central Management Services specific information identifying these savings

 

NONCOMPLIANCE WITH THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT

 

     The Department of Financial Institutions  (Department) was not maintaining time sheets for its employees in compliance with the State Officials and Employees Ethics Act (Act).  Employees’ time was tracked using a “negative” timekeeping system whereby the employee is assumed to be working unless noted otherwise. 

 

     The Act requires the Department to adopt personnel policies consistent with the Act.  The Act notes policies shall require State employees to periodically submit time sheets documenting the time spent each day on official State business.  No time sheets documenting the time spent each day on official State business were maintained.

 

     Department officials stated they relied on advice from the Governor’s Office staff who initially stated that agencies using the Department of Central Management Services payroll system, which the Department uses, would be in compliance with the Act.

 

     We recommended the Department amend its policies to require employees to maintain time sheets in compliance with the Act.  (Finding 04-2, page 12)

    

     Department management concurred with our recommendation and noted that beginning with fiscal year 2005, Financial Institutions resides as a division of the Illinois Department of Financial and Professional Regulation (IDFPR).  IDFPR will work to implement a system that will address the issue outlined above. 

 

      Ms. Michele V. Latz, Director, Division of Financial Institutions, Department of Financial and Professional Regulation provided the Department's responses. 

 

AUDITORS’ OPINION

 

      We conducted a compliance attestation examination of the Department as required by the Illinois State Auditing Act.  We have not audited any financial statements of the Department for the purpose of expressing an opinion because the Department does not, nor is it required to prepare financial statements. 

 

 

 

____________________________________

WILLIAM G. HOLLAND, Auditor General

 

WGH:RPU:pp

 

SPECIAL ASSISTANT AUDITORS

 

      The accounting firm of Sikich Gardner & Co, LLP served as our special assistant auditors for the engagement.