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HomeMy WebLinkAbout2023-08-29; City Council; ; Fiscal Year 2023-24 Internal Audit Plan and Internal Audit UpdateCA Review JRT Meeting Date: August 29, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Robert Threatt, Internal Audit Manager robert.threatt@carlsbadca.gov, 442-339-2418 Laura Rocha, Deputy City Manager, Administrative Services laura.rocha@carlsbadca.gov, 442-339-2415 Subject: Fiscal Year 2023-24 Internal Audit Plan and Internal Audit Update Recommended Action That the City Council: 1.Receive a report regarding the Fiscal Year 2022-23 Internal Audit Activity Summary and the Fiscal Year 2023-24 Internal Audit Plan 2.Adopt a resolution approving the Fiscal Year 2023-24 Internal Audit Plan Executive Summary The city’s internal audit program examines city operations to ensure city resources are being used effectively and appropriately. The internal audit plan is developed for the City Council’s review and approval each fiscal year, in accordance with City Council Policy No. 89. The plan is attached as Exhibit 1, Attachment A. This policy also requires the city’s internal auditor to communicate progress on the annual audit plan along with the status of any open recommendations from past audit engagements to the City Manager and the City Council twice a year. Reports on each audit are distributed to city management and the City Council as they are completed during the year and are available to the public on the city’s internal audit webpage (carlsbadca.gov/departments/internal-audits). This report provides the City Council with updates on: •The status of audit activities from fiscal year 2022-23 •The internal audit engagements identified in the city’s Fiscal Year 2023-24 Internal Audit Plan (Exhibit 1, Attachment A) Explanation & Analysis Annual internal audit update At the end of fiscal year 2022-23, there were three internal audit engagements completed with two other engagements in-process. Aug. 29, 2023 Item #7 Page 1 of 26 Completed engagements • Fraud and ethics hotline implementation • Vice Narcotics Investigative Unit “Buy Fund” audit (Exhibit 4) • Transient occupancy tax (FY22) agreed-upon procedures (Exhibit 5) Engagements in-process • Procurement audit • Transient occupancy tax review (FY23) A detailed summary of all fiscal year 2022-23 internal audit activities, including those carried over into fiscal year 2023-24 is provided as Exhibit 2. Before the most recent internal audit update on February 7, 2023, the city had completed the implementation of the last of the open audit recommendations from the city’s previous internal audits engagements. As a result, there are no status updates to provide on open audit recommendations. However, due to recently completed engagements, the internal audit program has a new set of open audit recommendations to track and report on, during semi- annual internal audit updates. These open audit recommendations are detailed in Exhibit 3. Annual internal audit plan The city’s Internal Audit Manager performs independent and objective assurance services to safeguard city resources and improve city operations. Such services may include internal audits of any city department, division, function, or program. The audit plan outlines the internal audits and other value-added engagements the Internal Audit Manager proposes to conduct during the fiscal year. The attached internal audit plan for fiscal year 2023-24 includes information about the basis for the audit engagements selected, their preliminary objectives and the resources required. It includes four engagements carried over from the previous year’s audit plan and one new engagement for the City Council’s consideration. With City Council approval, the internal audit plan serves as the operating roadmap for the city’s internal audit program. A resolution approving the plan is provided as Exhibit 1. At the conclusion of each internal audit engagement, the auditor issues an internal audit report that summarizes the auditor’s findings and recommends corrective actions to city departments, when necessary. An engagement could be a detailed audit of a major city program or a less comprehensive “agreed-upon-procedures review,” which examines certain specified aspects of city operations. Proposed internal audit engagements in FY 2023-24 Engagements in-process and carried over • Transient occupancy tax (FY23) agreed-upon procedures • Procurement program audit • Payroll audit • Business application user access review New engagements for FY 2023-24 • Transient occupancy tax (FY24) agreed-upon procedures and revenue audit Aug. 29, 2023 Item #7 Page 2 of 26 Fiscal Analysis There is no immediate fiscal impact to approving the Fiscal Year 2023-24 Internal Audit Plan as there is sufficient funding in the fiscal year 2023-24 budget to execute the plan. Next Steps With the City Council’s approval. the city’s Internal Audit Manager will conduct the engagements detailed in the Fiscal Year 2023-24 Internal Audit Plan. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution 2. Fiscal Year 2022-23 Internal Audit Activity Summary 3. Open audit recommendations 4. Vice Narcotics Investigative Unit “Buy Fund” audit report 5. Transient Occupancy Tax Agreed-Upon Procedures report Aug. 29, 2023 Item #7 Page 3 of 26 BESQLUTION NO. 2023-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FISCAL YEAR 2023-24 INTERNAL AUDIT PLAN WHEREAS, the city's Internal Audit Manager performs independent and objective assurance services to safeguard city resources and improve city operations; and WHEREAS, the services provided may include internal audits of any city department, division, function or program; and WHEREAS, as required by City Council Policy No. 89, the internal audit manager has presented a Fiscal Year 2023-24 Internal Audit Plan (Attachment A) for the City Council's review and approval; and WHEREAS, the purpose of the internal audit plan is to outline internal audits and other value­ added engagements the Internal Audit Manager proposes to conduct during the fiscal year; and WHEREAS, the Fiscal Year 2023-24 Internal Audit Plan includes information about the basis for the audit engagements selected, preliminary objectives and the consideration of resources; and WHEREAS, once approved, the Fiscal Year 2023-24 Internal Audit Plan will serve as the operating roadmap for the city's Internal Audit Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council approves the Fiscal Year 2023-24 Internal Audit Plan, attached as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 29th day of August, 2023, by the following vote, to wit: {tr � KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) \\\\\\\\lllltlll/// ,,,,,,.-.. CA �,,,,,, � ,'l" rJ I❖ �' 0 ·�········ .. ((\',,, � .. ··. u· � §�...... ····.�%fui ��-\t\ % \�1 ;,�t :!\ ;.?.\:1 .. :-: ...... ·...... l ,,,, 41. •••••••••• L\,..,.�� '11,,,, IF O?-'-,,,"' lfJJI/JIJII\\\\\\\\\ Exhibit 1 Aug. 29, 2023 Item #7 Page 4 of 26 (1k Attachment A Fiscal Year 2023-24 Internal Audit Plan Aug. 29, 2023 Item #7 Page 5 of 26 (city of Carlsbad Fiscal Year 2023-24 Internal Audit Plan OVERVIEW The City of Carlsbad’s internal auditor performs independent and objective assurance services to safeguard city resources and improve city operations. Internal audits help to mitigate risks by recommending improvements to the city’s internal controls and governance, risk, and compliance processes. Potential audits may include any city department, division, function, or program administered by the city. The purpose of the annual internal audit plan is to outline audits and other value-added engagements the internal auditor proposes to conduct during the current fiscal year. This document serves as the primary work plan to carry out the responsibilities of the internal auditor. The basis for the audit plan results from numerous inputs, including a limited scope risk assessment, auditor observations, inquiries of management, and audit requests from the City Council. The internal auditor’s strategy in developing this plan seeks to identify, prioritize, and manage audits important to city operations, programs, and systems. Currently, the Internal Audit Division is comprised of one full-time internal auditor. The internal audit plan considers available staff hours, level of expertise and experience, the estimated size and complexity of audits, time allocated to satisfy continuing professional education requirements, time allocated to performing audit follow-up procedures, and use of external consultants/auditors. The internal audit plan is a working document. During the year, causes for changes to the audit plan may include internal auditor judgement, a change in the risk assessment profile of an engagement, or conflicting priorities. As such, projects identified in the current year may carry over into the following fiscal year. The following page identifies the list of prioritized internal audit engagements for FY 2023-24, and their preliminary objectives. At the beginning of each engagement, the internal auditor will establish familiarity with the department, function or process identified for audit. During that initial period, audit objectives may be refined, and the audit methodology will be established. Aug. 29, 2023 Item #7 Page 6 of 26 {city of Carlsbad Fiscal Year 2023-24 Internal Audit Plan Fiscal Year 2023-24 Internal Audit Engagements Entity, function, program or process to audit Type of engagement Primary stakeholder/audit lead Preliminary objectives In-process engagements FY2023-24 Transient Occupancy Tax (FY23) Agreed Upon Procedure Engagement Selected hotels, Finance Department/Davis Farr, LLP • To determine if hotels are properly reporting and remitting occupancy taxes in compliance with city ordinance. Procurement Audit Internal Audit Finance and Public Works Departments/Internal Audit Manager • To assess the city’s compliance with applicable procurement guidelines. • Evaluate whether the city’s procurement process is adhered to. Carryover engagements Payroll Audit Internal Audit Human Resources, Finance Department/Internal Audit Manager • Evaluate the segregation of duties in the city’s bi-weekly payroll and data entry processes. • Evaluate the controls and test the accuracy of timecards for part-time employees. Business Application User Access Internal Audit Information Technology Department/Internal Audit Manager • Evaluate the city’s management of user access across its enterprise resource planning systems and software applications. New engagements for FY 2023-24 Transient Occupancy Tax (FY24) & Revenue Audit Agreed Upon Procedure Engagement and Internal Audit Selected hotels, Finance Department/Davis Farr, LLP & Internal Audit Manager • To determine if hotels are properly reporting and remitting occupancy taxes in compliance with city ordinance. • Evaluate the city’s receipt and recordkeeping of transient occupancy tax revenues Aug. 29, 2023 Item #7 Page 7 of 26 {city of Carlsbad No . De s c r i p t i o n Ty p e o f e n g a g e m e n t Pr i m a r y s t a k e h o l d e r Au d i t l e a d St a t u s 1 Fr a u d & E t h i c s H o t l i n e Pr o g r a m i m p l e m e n t a t i o n Ci t y e m p l o y e e s In t e r n a l A u d i t M a n a g e r Co m p l e t e 2 Tr a n s i e n t O c c u p a n c y T a x R e v i e w ( F Y 2 2 ) Re v i e w Ci t y h o t e l s , F i n a n c e D e p a r t m e n t Ex t e r n a l a u d i t f i r m Co m p l e t e 3 Vi c e N a r c o t i c s I n v e s t i g a t i v e U n i t " B u y F u n d " In t e r n a l A u d i t Po l i c e D e p a r t m e n t In t e r n a l A u d i t M a n a g e r Co m p l e t e 4 Pr o c u r e m e n t P r o g r a m A u d i t In t e r n a l A u d i t Va r i o u s d e p a r t m e n t s In t e r n a l A u d i t M a n a g e r In p r o c e s s 5 Tr a n s i e n t O c c u p a n c y T a x R e v i e w ( F Y 2 3 ) Re v i e w ( A g r e e d U p o n P r o c e d u r e Ci t y h o t e l s , F i n a n c e D e p a r t m e n t Ex t e r n a l a u d i t f i r m In p r o c e s s 6 Re v e n u e A u d i t In t e r n a l A u d i t Fi n a n c e D e p a r t m e n t In t e r n a l A u d i t M a n a g e r Ro l l o v e r 7 Pa y r o l l A u d i t In t e r n a l A u d i t Fi n a n c e D e p a r t m e n t In t e r n a l A u d i t M a n a g e r Ro l l o v e r 8 Bu s i n e s s A p p l i c a t i o n U s e r A c c e s s R e v i e w R e v i e w Fi n a n c e D e p a r t m e n t In t e r n a l A u d i t M a n a g e r Ro l l o v e r 1 Fr a u d & E t h i c s H o t l i n e Pr o g r a m i m p l e m e n t a t i o n Ci t y E m p l o y e e s In t e r n a l A u d i t M a n a g e r Co m p l e t e 2 Tr a n s i e n t O c c u p a n c y T a x R e v i e w ( F Y 2 2 ) Re v i e w Ci t y H o t e l s , F i n a n c e D e p a r t m e n t Ex t e r n a l a u d i t f i r m Co m p l e t e 3 Vi c e N a r c o t i c s I n v e s t i g a t i v e U n i t " B u y F u n d " In t e r n a l a u d i t Po l i c e D e p a r t m e n t In t e r n a l A u d i t M a n a g e r Co m p l e t e 4 Pr o c u r e m e n t P r o g r a m A u d i t In t e r n a l a u d i t Ci t y d e p a r t m e n t s In t e r n a l A u d i t M a n a g e r In p r o c e s s 5 Tr a n s i e n t O c c u p a n c y T a x R e v i e w ( F Y 2 3 ) Re v i e w Ci t y H o t e l s , F i n a n c e D e p a r t m e n t Ex t e r n a l a u d i t f i r m In p r o c e s s 5 Re v e n u e A u d i t In t e r n a l a u d i t Fi n a n c e D e p a r t m e n t In t e r n a l A u d i t M a n a g e r Ro l l o v e r 6 Pa y r o l l A u d i t In t e r n a l a u d i t Fi n a n c e D e p a r t m e n t In t e r n a l A u d i t M a n a g e r Ro l l o v e r 7 Bu s i n e s s A p p l i c a t i o n U s e r A c c e s s R e v i e w R e v i e w Va r i o u s d e p a r t m e n t s In t e r n a l A u d i t M a n a g e r Ro l l o v e r Th i s e n g a g e m e n t i s b e i n g r o l l e d o v e r t o t h e f i s c a l y e a r 2 0 2 3 - 2 4 i n t e r n a l a u d i t p l a n a n d c o m b i n e d w i t h t h e F Y 2 4 t r a n s i e n t o c c u p a n c y t a x a g r e e d u p o n p r o c e d u r e s e n g a g e m e n t . Th i s e n g a g e m e n t i s b e i n g r o l l e d o v e r t o t h e f i s c a l y e a r 2 0 2 3 - 2 4 i n t e r n a l a u d i t p l a n . Th i s e n g a g e m e n t i s b e i n g r o l l e d o v e r t o t h e f i s c a l y e a r 2 0 2 3 - 2 4 i n t e r n a l a u d i t p l a n . Th e c i t y w e n t o u t t o b i d a n d i n J u n e 2 0 2 3 a n d a w a r d e d a m u l t i - y e a r a g r e e m e n t t o D a v i s F a r r , L L P , a r e g i o n a l C P A f i r m . T h e a g r e e m e n t c a l l s f o r t h e f i r m t o p e r f o r m t h e c i t y ' s a n n u a l t r a n s i e n t oc c u p a n c y t a x r e v i e w s f o r t h e n e x t 3 y e a r s , w i t h t h e o p t i o n f o r t w o o n e - y e a r e x t e n s i o n s . D a v i s F a r r h a s b e g u n r e v i e w i n g t h e F Y 2 3 T O T c y c l e a n d i s a p p r o x i m a t e l y 6 0 % c o m p l e t e . Fi s c a l Y e a r 2 0 2 2 - 2 3 I n t e r n a l A u d i t U p d a t e S u m m a r y Th e f r a u d a n d e t h i c s h o t l i n e w a s i n i t i a l l y a p r o j e c t e v a l u a t i o n e n g a g e m e n t i n f i s c a l y e a r 2 0 2 1 - 2 2 . T h e r e s u l t s a n d r e c o m m e n d a t i o n s f r o m t h a t e v a l u a t i o n w e r e p r e s e n t e d t o t h e C i t y C o u n c i l on A p r i l 5 , 2 0 2 2 . A t t h a t m e e t i n g , t h e C i t y C o u n c i l a p p r o v e d t h e i m p l e m e n t a t i o n o f a t h i r d - p a r t y h o s t e d f r a u d a n d e t h i c s h o t l i n e . T h e c i t y t h e n e n g a g e d N a v e x G l o b a l , I n c . t o i m p l e m e n t t h e ho t l i n e . I n c o o r d i n a t i o n w i t h N a v e x G l o b a l , I n c . t h e c i t y e s t a b l i s h e d t h e h o t l i n e , i m p l e m e n t e d A d m i n i s t r a t i v e O r d e r # 9 3 , F r a u d a n d E t h i c s H o t l i n e , d e v e l o p e d p r o g r a m r e s o u r c e s a n d t h e ho t l i n e ( f o r e m p l o y e e u s e o n l y ) w e n t l i v e o n N o v . 1 5 , 2 0 2 2 . To d a t e , t h e r e h a v e b e e n n o r e p o r t s o f f r a u d , w a s t e o r a b u s e . Th e c i t y e n g a g e d a r e g i o n a l C P A f i r m , C l i f t o n L a r s o n A l l e n , L L P , t o p e r f o r m a t r a n s i e n t o c c u p a n c y t a x r e v i e w e n g a g e m e n t o n o u r b e h a l f . T h e r e v i e w c o n s i s t e d o f r e v i e w i n g t h e r e c o r d s o f 1 1 ho t e l s . I n c o o r d i n a t i o n w i t h t h e c i t y , t h e f i r m r e v i e w e d t r a n s i e n t o c c u p a n c y t a x e s a n d b u s i n e s s i m p r o v e m e n t d i s t r i c t a s s e s s m e n t s t h a t w e r e r e m i t t e d t o t h e c i t y b y t h e h o t e l s o p e r a t i n g wi t h i n t h e c i t y b o u n d a r i e s . O f t h e e l e v e n h o t e l s r e v i e w e d , e i g h t h a d f i n d i n g s . I n t o t a l t h e c i t y e x p e c t s t o r e c o v e r a p p r o x i m a t e l y $ 1 5 0 k i n t r a n s i e n t o c c u p a n c y t a x u n d e r p a y m e n t s , p e n a l t i e s an d i n t e r e s t . I n a d d i t i o n t o t h e r e v i e w r e s u l t s , t h e c i t y ' s i n t e r n a l a u d i t o r h a s i d e n t i f i e d o p p o r t u n i t i e s t o i m p r o v e u p o n t h e c i t y ' s t r a n s i e n t o c c u p a n c y t a x p r o c e s s e s . I n a d d i t i o n , t h e c i t y h a s be g u n u p d a t i n g t h e T O T o r d i n a n c e t o p r o v i d e a d d i t i o n a l c l a r i t y t o c i t y h o t e l s a n d e x p e c t s t o b r i n g f o r w a r d r e c o m m e n d e d c h a n g e s t o t h e p u b l i c a n d C i t y C o u n c i l b e f o r e t h e e n d o f t h e ca l e n d a r y e a r . Th i s e n g a g e m e n t i s c o m p l e t e . A s n o t e d i n t h e f i n a l e n g a g e m e n t r e p o r t , t h e c i t y h a s i d e n t i f i e d a t o t a l o f f o u r a u d i t r e c o m m e n d a t i o n s t h a t a r e f o c u s e d o n i m p r o v i n g t h e c i t y ' s c a s h h a n d l i n g pr o c e d u r e s a n d s e g r e g a t i o n o f d u t i e s . A d d i t i o n a l d e t a i l s c a n b e f o u n d i n t h e f i n a l a u d i t r e p o r t . Th i s e n g a g e m e n t i s i n p r o c e s s a n d i n v o l v e s a n a u d i t o f t h e c i t y ' s p r o c u r e m e n t f u n c t i o n , i n c l u d i n g a d v e r t i s i n g , b i d a n d a w a r d a c t i v i t i e s . T h e a u d i t i s d e s i g n e d t o e v a l u a t e t h e c i t y ' s c o m p l i a n c e wi t h f e d e r a l , s t a t e a n d l o c a l g u i d e l i n e s ( c o n t r a c t i n g c o d e ) . Exhibit 2 Aug. 29, 2023 Item #7 Page 8 of 26 Ci t y o f C a r l s b a d Ex h i b i t 4 _ O p e n I n t e r n a l A u d i t R e c o m m e n d a t i o n s Au d i t E n g a g e m e n t ( s ) : V i c e N a r c o t i c s I n v e s t i g a t i v e U n i t " B u y F u n d " R e v i e w Ci t y C o u n c i l D a t e : A u g u s t 2 2 , 2 0 2 3 No . Re c o m m e n d a t i o n De p a r t m e n t St a t u s 1 To a d o p t c a s h h a n d l i n g b e s t p r a c t i c e s a n d c o m p l y w i t h A d m i n i s t r a t i v e O r d e r N o . 8 5 , S e c t i o n 2 . 8 , t h e V N I U ma n a g e m e n t s h o u l d i d e n t i f y a s e p a r a t e a u t h o r i z e d a p p r o v e r a s s o o n a s p r a c t i c a l . T h i s s e c o n d s t a f f m e m b e r sh a l l s e r v e a s t h e a p p r o v i n g a u t h o r i t y f o r a l l V N I U c a s h d i s b u r s e m e n t s b y r e v i e w i n g a n d a p p r o v i n g c a s h tr a n s a c t i o n s p r i o r t o d i s b u r s e m e n t . T h i s m u s t b e s o m e o n e o t h e r t h a n t h e V N I U S u p e r v i s o r a s t h a t r o l e s e r v e s as t h e d i s b u r s i n g a u t h o r i t y a n d c a s h c u s t o d i a n f o r t h e B u y F u n d . Vi c e N a r c o t i c s In v e s t i g a t i v e U n i t (P o l i c e D e p a r t m e n t ) Pe n d i n g a c t i o n s f r o m a s s i g n e d d e p a r t m e n t ( s ) . 2 As r e q u i r e d f o r c h a n g e f u n d s i n A d m i n i s t r a t i v e O r d e r N o . 8 5 , S e c t i o n 2 . 3 . 6 , i t i s r e c o m m e n d e d t h a t t h e V N I U Su p e r v i s o r a n d I n v e s t i g a t i o n s C o m m a n d e r , a t t e n d a n n u a l c a s h h a n d l i n g t r a i n i n g g i v e n t h e i r r o l e s i n ov e r s e e i n g t h e B u y F u n d c a s h b a l a n c e s . H i s t o r i c a l l y , t h e F i n a n c e D e p a r t m e n t h a s p r o v i d e d s u c h t r a i n i n g . T h e Co u n t y o f S a n D i e g o a l s o h a s a n a n n u a l c a s h h a n d l i n g t r a i n i n g c o u r s e a v a i l a b l e t o p u b l i c a g e n c i e s . L a s t l y , th e r e a l s o a r e c o m m e r c i a l c o n t i n u i n g p r o f e s s i o n a l e d u c a t i o n ( C P E ) o f f e r i n g s o n l i n e t h a t p r o v i d e t r a i n i n g as s o c i a t e d w i t h w i d e l y a c c e p t e d c a s h h a n d l i n g s t a n d a r d s . Vi c e N a r c o t i c s In v e s t i g a t i v e U n i t (P o l i c e D e p a r t m e n t ) Pe n d i n g a c t i o n s f r o m a s s i g n e d d e p a r t m e n t ( s ) . 3 Gi v e n t h e m a t e r i a l b a l a n c e a n d a c t i v i t y o f t h e B u y F u n d a n d t h e u n i q u e n a t u r e o f V N I U o p e r a t i o n s , i t i s re c o m m e n d e d t h a t V N I U s t a f f c o l l a b o r a t e w i t h t h e F i n a n c e D e p a r t m e n t t o d e v e l o p a B u y F u n d c a s h h a n d l i n g pr o c e d u r e . T h e p r o c e d u r e s h o u l d i n c o r p o r a t e g u i d e l i n e s f r o m P o l i c y 6 0 7 a n d c a s h h a n d l i n g s t a n d a r d s re f e r e n c e d i n A d m i n i s t r a t i v e O r d e r N o . 8 5 . T h e p u r p o s e o f t h e p r o c e d u r e i s t o p r o v i d e d e t a i l e d c a s h h a n d l i n g gu i d a n c e t o V N I U s t a f f . A d h e r e n c e t o t h e s e p r o c e d u r e s w i l l c o n t r i b u t e t o s o u n d i n t e r n a l c o n t r o l s a n d w i l l he l p s a f e g u a r d B u y F u n d ( c a s h ) a s s e t s . Fin a n c e D e p a r t m e n t & V i c e N a r c o t i c s In v e s t i g a t i v e U n i t (P o l i c e D e p a r t m e n t ) Pe n d i n g a c t i o n s f r o m a s s i g n e d d e p a r t m e n t ( s ) . 4 It i s r e c o m m e n d e d t h a t t h e F i n a n c e D e p a r t m e n t e v a l u a t e t h e f e a s i b i l i t y a n d c o s t e f f e c t i v e n e s s o f u t i l i z i n g a n ar m o r e d t r a n s p o r t s e r v i c e t o d e l i v e r t h e c a s h r e p l e n i s h m e n t d i r e c t l y t o t h e V N I U d e p a r t m e n t a t P o l i c e He a d q u a r t e r s . T h i s r e p r e s e n t s a b e s t p r a c t i c e , a n d t h e s e r v i c e i s o f t e n c o o r d i n a t e d d i r e c t l y b y l a r g e b a n k s . I f ar m o r e d t r a n s p o r t i s n o t u t i l i z e d , i t i s r e c o m m e n d e d t h a t A c c o u n t s P a y a b l e s e c u r e t h e p e t t y c a s h c h e c k u n t i l ju s t p r i o r t o t h e F i n a n c e D e p a r t m e n t s t a f f m e e t i n g t h e V N I U S u p e r v i s o r a t t h e b a n k . T h i s w i l l s e r v e t o r e d u c e th e r i s k t h e c h e c k i s u n s e c u r e d f o r p e r i o d s o f t i m e p r i o r t o b e i n g c a s h e d a t t h e b a n k . O n c e t h e n e w p r o c e s s is f i n a l i z e d , t h e F i n a n c e D e p a r t m e n t a n d V N I U s t a f f s h o u l d t a k e s t e p s t o e n s u r e t h e r e l e v a n t p o l i c i e s a n d pr o c e d u r e s a r e u p d a t e d t o r e f l e c t t h e n e w p r o c e s s . Fi n a n c e D e p a r t m e n t P e n d i n g a c t i o n s f r o m a s s i g n e d d e p a r t m e n t ( s ) . 23 - 0 3 V i c e N a r c o t i c s I n v e s t i g a t i v e U n i t " B u y F u n d " Exhibit 3 Aug. 29, 2023 Item #7 Page 9 of 26 Internal Audit Review: Vice Narcotics Investigative Unit Buy Fund Robert Threatt Internal Audit Manager Report 2023-03 Exhibit 4 Aug. 29, 2023 Item #7 Page 10 of 26 2 Vice Narcotics Investigative Unit Buy Fund Review TABLE OF CONTENTS INTRODUCTION Scope & objectives ......................................................................................................... 3 Methodology .................................................................................................................. 3 Background ..................................................................................................................... 3 Summary of Results ........................................................................................................ 4 OBJECTIVE 1: ADHERENCE TO POLICIES AND PROCEDURES Review Procedures ........................................................................................................ 4 Results ........................................................................................................................... 5 OBJECTIVE 2: EFFECTIVE INTERNAL CONTROLS Review Procedures ........................................................................................................ 6 Results ........................................................................................................................... 7 RECOMMENDATIONS Recommendations and management’s response .......................................................... 8 Aug. 29, 2023 Item #7 Page 11 of 26 3 Vice Narcotics Investigative Unit Buy Fund Review INTRODUCTION Scope & Objectives The City's fiscal year 2022-23 internal audit plan called for a review of the Vice Narcotic Investigative Unit’s Buy Fund (Buy Fund). The following objectives were the focus of the review engagement. • To determine whether the unit’s Buy Fund was managed in accordance with City policies and procedures. • To assess whether established Buy Fund policies and procedures provide for effective internal controls to safeguard program assets. Methodology • Performed a cash count of the unit’s Buy Fund. • Interviewed personnel from the Police Department’s Vice Narcotics Investigative Unit and the Finance Department. • Reviewed Buy Fund transactions and supporting documentation. • Observed the physical controls in place to safeguard Buy Fund assets. • Performed a cash count of the unit’s Buy Fund. Background The Carlsbad Police Department’s Vice Narcotics Investigative Unit (VNIU) is responsible for targeting those responsible for the use, distribution, sale, and proliferation of illegal drugs in the community. The unit is also responsible for enforcing laws related to gambling, liquor laws, prostitution, and other illegal activities. The Buy Fund supports the unit’s activities and is intended to be used for purposes such as prop and drug purchases, flash money, informant payments and to purchase supplies to support the unit’s operations. The Vice Narcotics Investigative Unit is comprised of a sergeant who serves as the unit’s supervisor, three detectives and two task force officers. Use of the Buy Fund is governed by two police department policies, Policy 607 Vice Narcotics Investigative Unit-Buy Fund (Policy 607) and Policy 608.5 Narcotics Informant Payment Procedures (Policy 608.5) as well as City of Carlsbad Administrative Order No. 85, Cash Funds Policy (Admin Order 85). Policy 607 Vice Narcotics Investigative Unit-Buy Fund provides guidance concerning the purpose and scope of the Buy Fund, documentation requirements, budgetary levels and mandated audits. Policy 608.5 Narcotics Informant Payment Procedures provides the approval criteria for payments to informants, guidance for payments at different dollar value thresholds and approval documentation requirements. The City’s Administrative Order No. 85 Cash Funds Policy establishes the city’s cash handling standards. Aug. 29, 2023 Item #7 Page 12 of 26{city of Carlsbad 4 Vice Narcotics Investigative Unit Buy Fund Review Summary of Results The VNIU Buy Fund review engagement was comprised of two objectives. The first objective called for a determination of whether the Buy Fund was managed in accordance with city policies and procedures. The second objective, called for an assessment of whether those policies and procedures provide for effective internal controls to safeguard Buy Fund assets. The first component of the review engagement was an evaluation of the city’s compliance with established Buy Fund and citywide policies and procedures. This was achieved by interviewing VNIU personnel regarding the procedures they adhere to and performing a detailed review of Buy Fund records to confirm their assertions. First, a physical cash count was performed to evaluate the accuracy of the program’s recordkeeping and adherence to the policies referenced earlier. All Buy Fund transactions associated with the fiscal quarter ending March 31, 2023, were then reviewed to ensure they were documented in accordance with existing policies and procedures. As a result of procedures performed, it was noted that Buy Fund activities were largely compliant with established policies and procedures and documentation was consistent throughout. However, there were two audit recommendations identified during this segment of the review, associated with maintaining segregation of duties. The second objective called for an assessment of whether established Buy Fund policies and procedures provide for effective internal controls and safeguarding of program assets (cash). This was achieved while performing many of the same procedures identified in the first objective. Performing a cash count and evaluating physical controls, reviewing transactional documentation, and interviewing staff provided an effective evaluation of the Buy Fund’s system of internal controls. While it was noted that existing policies do provide for effective controls and strong physical controls are present, there were opportunities identified for strengthening city policies and implementing procedures to bring about stronger control activities and the safeguarding of Buy Fund assets. OBJECTIVE 1: ADHERENCE TO POLICIES AND PROCEDURES To determine whether the Buy Fund is managed and accounted for in accordance with authorized policies and procedures. Determining whether the Buy Fund is managed and accounted for in accordance with established policies and procedures was achieved by employing several different review procedures. Initial steps involved identifying and reviewing the relevant policies and procedures, which were identified as Police Department policies 607 and 608.5 as well as Administrative Order No. 85, Cash Funds Policy. Key VNIU personnel were interviewed and Buy Fund recordkeeping and documentation were evaluated to determine the degree to which the program is adhering to established policies and procedures. Aug. 29, 2023 Item #7 Page 13 of 26{city of Carlsbad 5 Vice Narcotics Investigative Unit Buy Fund Review The initial step in evaluating Buy Fund recordkeeping and documentation involved a physical cash count as of the month ended February 28, 2023. The cash count verified that the balance of the Buy Fund, without exception, agreed with the records maintained by VNIU staff. The second procedure involved a detailed review of Buy Fund transactions (disbursements) from the fiscal quarter ending March 31, 2023. This included the evaluation of transactions from January, February, and March 2023. To evaluate staff’s adherence to the referenced policies, the backup documentation associated with each disbursement was subjected to a detailed review. For each disbursement, VNIU personnel are required to prepare a Carlsbad Police Department VNIU Investigative Unit Buy Fund disbursement form. The disbursement form enables staff to thoroughly document each transaction by recording approval signatures, witnesses, case numbers, if applicable, and payment details. Often the disbursement form includes attachments, such as invoices, receipts or other supporting documents that corroborate the recorded disbursements. During the review of the Buy Fund documentation there were several disbursements identified where the VNIU Supervisor approved and disbursed funds, without a second approver reviewing the transaction prior to the disbursement of cash. It is noted that Policy 607 and 608.5 are the primary Buy Fund policies and in only a few instances do they provide detailed, procedural direction. While Policy 607 does call for the preparation of a monthly summary report, which is reviewed and approved by the Investigations Commander, this procedure takes place at month end, well after the cash disbursements are completed. The other relevant city policy, Administrative Order No. 85, establishes the city’s cash handling standards and in Section 2.8 it indicates that fund (cash) custodians are not permitted to both approve and disburse funds. Segregation of duties is a standard internal control associated with financial transactions. Such a control serves to mitigate the likelihood of inappropriate disbursements and theft. Given direction from Admin Order 85 and the VNIU Supervisor’s primary responsibility to disburse and safeguard Buy Fund cash assets, approval is required from a second authorized approver. Given the Buy Fund carries a balance of up to $10,000 in cash at any point in time, this is an important standard. It was noted during the review, nearly half of the annual Buy Fund balance was disbursed to pay for supplies or services, which most entities purchase with a city credit card or check and not cash. While Policy 607 states that it is appropriate to buy such supplies with cash from the Buy Fund, using a city credit card or issuing a check against a purchase order would reduce the overall risk represented by the Buy Fund, as the VNIU could carry a lower cash balance. Recommendation #1: To adopt cash handling best practices and comply with Administrative Order No. 85, Section 2.8, the VNIU management should identify a separate authorized approver as soon as practical. This second staff member shall serve as the approving authority for all VNIU cash disbursements by reviewing and approving cash transactions prior to disbursement. This must be someone other than the VNIU Supervisor as that role serves as the disbursing authority and cash custodian for the Buy Fund. Aug. 29, 2023 Item #7 Page 14 of 26{city of Carlsbad 6 Vice Narcotics Investigative Unit Buy Fund Review Recommendation #2: As required for change funds in Administrative Order No. 85, Section 2.3.6, it is recommended that VNIU personnel with oversight or management responsibilities associated with the Buy Fund, attend annual cash handling training. Historically, the Finance Department has provided such training. The County of San Diego also has an annual cash handling training course available to public agencies. Lastly, there are also commercial continuing professional education (CPE) offerings online that provide training associated with widely accepted cash handling standards. OBJECTIVE 2: EFFECTIVE CONTROLS To assess whether the VNIU’s policies and procedures provide effective controls for safeguarding Buy Fund assets. To assess whether the Buy Fund policies and procedures provide for sound controls and effectively safeguard assets, the program’s policies and processes were evaluated against cash handling best practices. The policies and processes were evaluated using interviews, a cash count and reviewing disbursement documentation. As a result of the procedures performed, several opportunities for strengthening internal controls and safeguarding assets were identified. As noted in the review procedures associated with Objective 1, there is an opportunity to strengthen the Buy Fund’s segregation of duties. During the review, it was observed that Buy Fund personnel consistently adhered to direction from all known policies. For several years that was comprised of only Policy 607 and Policy 608.5. Then in May 2020 Administrative Order No. 85, Cash Funds Policy, was issued and established citywide cash handling standards. While the Buy Fund does not fall within the limited scope of cash funds defined by the administrative order, the cash handling standards it establishes are universally applicable to cash transactions. Recommendation #3: Given the material balance and activity of the Buy Fund and the unique nature of VNIU operations, it is recommended that VNIU staff collaborate with the Finance Department to develop a Buy Fund cash handling procedure. The procedure should incorporate guidelines from Policy 607 and cash handling standards referenced in Administrative Order No. 85. The purpose of the procedure is to provide detailed cash handling guidance to VNIU staff. Adherence to these procedures will contribute to sound internal controls and will help safeguard Buy Fund (cash) assets. Administrative Order No. 85, Cash Funds Policy, Section 2.14 authorizes the development of department specific cash handling policies so long as they do not contradict or supersede those in the administrative order. This enables staff to develop stand-alone, local procedures that adhere to citywide cash handling standards while addressing unique Buy Funds operations. To process disbursements in support of VNIU operations, the Buy Fund always maintains a cash fund balance. This is achieved through annual funding from the city’s General Fund. Typically, once, or twice a year, the Buy Fund is replenished with the allocated budget. The Aug. 29, 2023 Item #7 Page 15 of 26{city of Carlsbad 7 Vice Narcotics Investigative Unit Buy Fund Review Budgetary Process section of Policy 607 provides general guidelines staff are to follow during the replenishment process. The policy for the replenishment process currently indicates that the Finance Department is to issue a check to the VNIU Supervisor who then cashes the check at the city’s bank. After cashing the check, the VNIU Supervisor transports the cash back to the unit where it’s secured in the VNIU safe. It is noted that similar to segregation of duties, the policy associated with the cash replenishment process, Policy 607, provides a general framework but lacks definitive procedures. For a process that is typically detail intensive, this represents an opportunity for strengthening the city’s internal controls associated with cash handling. During the Buy Fund review, a cash replenishment deposit of $7,000, dated February 9, 2023, was selected and documentation was reviewed. This included reviewing the transaction documentation and discussing the process with the VNIU Supervisor. As a result, it was discovered that the Finance Department made the determination that the documented policy, which called for the city to cut a check in the name of the VNIU Supervisor, did not provide for sufficient control of City funds. To address the matter, on an interim basis, the Finance Department revised the replenishment process and strengthened the associated controls. The interim process calls for a check to be cut to “petty cash” and issued to the Treasury Accountant. If there is a significant amount of time between the check being cut and personnel meeting at the bank, Accounts Payable secures the check. Then at an agreed to date and time, the Treasury Accountant meets the VNIU Supervisor at the City’s bank of record. The check is cashed by the bank, and then after completing a chain of custody form prepared by the Finance Department, the VNIU Supervisor takes possession of the cash and transports it back to the VNIU safe. This deviation from Policy 607 ensures the check remains in the control of Finance Department staff until cashed. After reviewing the replenishment documentation, the applicable section of Policy 607 and discussing the process with the VNIU Supervisor and Finance Department staff, it is noted there are control weaknesses associated with the replenishment process outlined in Policy 607. While interim procedures provide increased control, it was noted that at times, there has been a gap in time between when the check is cut and issued to the Treasury Accountant and when that staff member meets the VNIU Supervisor at the bank. This gap represents a risk to the city, as a petty cash check is a live check that anyone can deposit. During the procedures referenced in this review, it is noted that the physical controls of the Buy Fund cash balances were found to be secure. The Buy Fund cash balance is secured in a safe, located in a secured office, within the Police Department Headquarters. It is noted there are three layers of physical barriers preventing unauthorized access. Given these observations, the risk of unauthorized access is quite low. Recommendation #4: It is recommended that the Finance Department evaluate the feasibility and cost effectiveness of utilizing an armored transport service to deliver the cash replenishment directly to the VNIU department at Police Headquarters. This represents a best practice, and the service is often coordinated directly by large banks. If armored transport is not utilized, it is recommended that Accounts Payable secure the petty cash Aug. 29, 2023 Item #7 Page 16 of 26{city of Carlsbad 8 Vice Narcotics Investigative Unit Buy Fund Review check until just prior to the Finance Department staff meeting the VNIU Supervisor at the bank. This will serve to reduce the risk the check is unsecured for periods of time prior to being cashed at the bank. Once the new process is finalized, the Finance Department and VNIU staff should take steps to ensure the relevant policies and procedures are updated to reflect the new process. SUMMARY OF RECOMMENDATIONS Recommendation 1: To adopt cash handling best practices and comply with Administrative Order No. 85, Section 2.8, the VNIU management should identify a separate authorized approver as soon as practical. This second staff member shall serve as the approving authority for all VNIU cash disbursements by reviewing and approving cash transactions prior to disbursement. This must be someone other than the VNIU Supervisor as that role serves as the disbursing authority and cash custodian for the Buy Fund. Management Response: VNIU agrees with the recommendation and will implement a second authorized approver in the form of the Unit Commander to verify/approve transactions. Recommendation 2: As required for change funds in Administrative Order No. 85, Section 2.3.6, it is recommended that the VNIU Supervisor and Investigations Commander, attend annual cash handling training given their roles in overseeing the Buy Fund cash balances. Historically, the Finance Department has provided such training. The County of San Diego also has an annual cash handling training course available to public agencies. Lastly, there also are commercial continuing professional education (CPE) offerings online that provide training associated with widely accepted cash handling standards. Management Response: VNIU agrees with the recommendation and will attend annual cash trainings. Recommendation 3: Given the material balance and activity of the Buy Fund and the unique nature of VNIU operations, it is recommended that VNIU staff collaborate with the Finance Department to develop a Buy Fund cash handling procedure. The procedure should incorporate guidelines from Policy 607 and cash handling standards referenced in Administrative Order No. 85. The purpose of the procedure is to provide detailed cash handling guidance to VNIU staff. Adherence to these procedures will contribute to sound internal controls and will help safeguard Buy Fund (cash) assets. Administrative Order No. 85, Cash Funds Policy, Section 2.14 authorizes the development of department specific cash handling policies so long as they do not contradict or supersede those in the administrative order. This enables staff to develop stand-alone, local procedures that adhere to citywide cash handling standards while addressing unique Buy Funds operations. Management Response: The Finance Department agrees with the recommendation. Finance staff will work collaboratively with VNIU staff to either amend an existing or Aug. 29, 2023 Item #7 Page 17 of 26{city of Carlsbad 9 Vice Narcotics Investigative Unit Buy Fund Review establish a new policy to ensure the scope sufficiently incorporates cash handling standards referenced in Administrative Order No. 85. Management Response: VNIU agrees with the recommendation. VNIU staff will work collaboratively with Finance staff to either amend an existing or establish a new policy to ensure the scope sufficiently incorporates cash handling standards referenced in Administrative Order No. 85. Recommendation 4: It is recommended that the Finance Department evaluate the feasibility and cost effectiveness of utilizing an armored transport service to deliver the cash replenishment directly to the VNIU department at Police Headquarters. This represents a best practice, and the service is often coordinated directly by large banks. If armored transport is not utilized, it is recommended that Accounts Payable secure the petty cash check until just prior to the Finance Department staff meeting the VNIU Supervisor at the bank. This will serve to reduce the risk the check is unsecured for periods of time prior to being cashed at the bank. Once the new process is finalized, the Finance Department and VNIU staff should take steps to ensure the relevant policies and procedures are updated to reflect the new process. Management Response: Management agrees with the recommendation. Finance staff will pursue options for armored transport services and evaluate applicable cost benefit considerations. In the interim, upon issuing a check made out to “petty cash,” staff will immediately secure the check in a safe or locked cabinet until needed for routing to the bank. Aug. 29, 2023 Item #7 Page 18 of 26{city of Carlsbad Results of Transient Occupancy Tax Agreed-Upon Procedures Robert Threatt Internal Audit Manager Report 2022-01 Exhibit 5 Aug. 29, 2023 Item #7 Page 19 of 26 2 Transient Occupancy Tax Agreed-Upon Procedures INTRODUCTION Objective, scope, and methodology Transient occupancy taxes (TOT) represent a significant portion of the city’s governmental fund revenues. As a result, it’s important that the city perform oversight measures to ensure hotels are complying with Carlsbad Municipal Code (CMC) that governs transient occupancy taxes and related business improvement districts. The objective of this engagement was to determine if a selection of hotels operating within the City of Carlsbad properly remitted and reported their TOTs and any applicable assessments for calendar years 2018, 2019 and 2020. The program’s assessments are comprised of as many as two business improvement districts, the Carlsbad Tourism Business Improvement District (CTBID) and the Carlsbad Golf Lodging Business Improvement District (CGLBID). To fulfill this objective, the city engaged a regional CPA firm, CliftonLarsonAllen, LLP to perform a transient occupancy tax agreed-upon (AUP) procedures engagement. The engagement calls for the firm to perform a set of agreed upon procedures, as listed in the appendix, to evaluate the degree to which a group of 11 selected hotels are complying with the existing municipal code chapters 3.12, 3.37, and 3.38 pertaining to TOT, CTBID, and CGLBID respectively. This report summarizes the results of those procedures. It is important to note that this is not an audit. Rather, this is an agreed-upon procedures engagement, which is a limited scope engagement carried out by performing a predetermined set of procedures. The procedures are identified by the city and agreed to by CliftonLarsonAllen, LLP, prior to beginning the engagement. At the conclusion, the city is presented with the results of the procedures for each hotel and that concludes the engagement. In contrast, an audit engagement would involve a broader focus, a risk assessment would be performed to determine the scope of procedures to perform, and at the conclusion of the engagement there would be an auditor’s opinion. The agreed-upon procedure engagement is well defined, provides sought after results and information the city must then act upon in accordance with the relevant municipal codes. BACKGROUND California Revenue & Taxation Code Sections 7280-7283.51 sets forth the state’s regulations for transient occupancy taxes and Chapter 3.12 of the Carlsbad Municipal Code sets forth the city’s regulations on its TOT. This tax applies to hotel guests who occupy a hotel room for a period of up to 30 days. There are several conditions that exempt guests from this tax. One common exemption is available to federal and state employees when traveling on official business. Guests wishing to be exempted from TOTs typically must attest to the status which makes them exempt at the beginning of their stay. The revenues generated from TOTs are allocated to the city’s General Fund. Aug. 29, 2023 Item #7 Page 20 of 26{city of Carlsbad 3 Transient Occupancy Tax Agreed-Upon Procedures In addition to TOTs, the city collects assessments from hotels to support its two business improvement districts, the CTBID and CGLBID. The regulations governing the two districts are set forth in Carlsbad Municipal Code Chapters 3.37 (CTBID) and 3.38 (CGLBID). Proceeds from the CTBID assessments, which are paid by all hotels operating within the city’s boundaries, are utilized to fund marketing and sales promotion efforts to benefit the hotels. Proceeds from the CGLBID assessments, which are paid by hotels that elected to join the district, are spent to promote golf related tourism within the boundaries of the CGLBID, as well as marketing related capital improvements such as golf signage, equipment and to pay for administrative costs. Hotels participating in the CTBID and CGLBID are required to report and remit the following assessments: • For CTBID, through October 31, 2020, all hotels in the City of Carlsbad are to pay $1 per occupied room, per rental night. • For CTIBD, beginning November 1, 2020, all hotels in the City of Carlsbad are to pay 2% of gross room revenues. • For CGLBID, hotels who opt to participate in the improvement district, are to pay a flat fee of $2 per occupied room per night. Hotels report and remit TOTs and assessments to the city monthly. The city’s Finance Department is responsible for collecting and administering the TOT program. The table below (Table 1) summarizes total TOT, CTBID, and CGLBID revenues received by the city during fiscal years 2018 through 2020. SUMMARY OF RESULTS Results of agreed-upon procedures The procedures performed for the 11 selected hotels for calendar years 2018 through 2020 identified additional revenue owed to the city along with associated penalties and interest. Tables 2 and 3 below present the findings by hotel, however the names of the hotels are intentionally omitted. Of the 11 hotels selected only one was a participant in the CGLBID and there were no findings associated with the CGLBID assessments. As a result of the procedures performed it is noted that hotels owe additional TOT to the city for a few specific reasons: • Overreporting tax exempt rent revenues because the hotel was unable to provide support for exemptions claimed. Fiscal Year TOT CTBID CGLBID FY2018-19 26,320,000 1,332,185 719,735 FY2019-20 18,898,000 1,086,188 534,241 FY2020-21 15,584,000 1,867,249 335,402 Table 1: TOT Revenues by Fiscal Year Aug. 29, 2023 Item #7 Page 21 of 26 I I I I I {city of Carlsbad 4 Transient Occupancy Tax Agreed-Upon Procedures • Variances were found when the mathematical accuracy of tax remittances were evaluated. • Not adhering to the city’s new (November 2020) CTBID assessment rate. When a deficiency is identified during an audit, the Carlsbad Municipal Code Section 3.12.080 requires the tax administrator to invoice the hotel operator for the following: • Net tax deficiency (underpayment) • An audit deficiency penalty of 10%, CMC Section 3.12.080(E) • Interest of 1.5% per month, or fraction thereof, CMC Section 3.12.080(C) The penalties and interest, referenced in the tables above account for the penalties cited here as well as the net deficiency. Hotel # TOT Revenues Collected 2018-2020 TOT underpaid (overpaid) Penalties & Interest Total due to city (owed by city) 1 1,232,045 - 2 664,355 1,765 1,138 2,903 3 707,716 15,129 13,410 28,539 4 2,272,701 1,002 927 1,929 5 1,224,817 2,489 1,764 4,253 6 5,404,442 310 266 576 7 440,660 1 - 1 8 761,864 529 418 947 9 1,336,075 - - - 10 10,002,965 - - - 11 571,332 - - - Total 24,618,972 21,224 17,923 39,147 Hotel # CTBID Collected 2018- 2020 CTBID underpaid (overpaid) Penalties & Interest Total due to city (owed by city) 1 82,853 84,565 35,180 119,745 2 85,598 634*- 634 3 57,207 - - - 4 144,966 - - - 5 105,079 - - - 6 188,303 - - - 7 19,434 - - - 8 42,553 - - - 9 114,680 - - - 10 307,962 - - - 11 80,908 - - - Total 1,229,543 84,565 35,180 120,379 Table 2: TOT underpaid or overpaid by hotel for calendar years 2018 through 2020 Table 3: CTBID overpaid or underpaid for calendar years 2018 through 2020 *Note: In November 2020 the city adopted a new CTBID assessment, which changed the way the assessment is calculated. Due to the new calculation, the city waived penalties and interest for hotels that did not correctly calculate their CTBID assessments in the first month after adoption. Aug. 29, 2023 Item #7 Page 22 of 26{city of Carlsbad 5 Transient Occupancy Tax Agreed-Upon Procedures Transient occupancy tax ordinance During the TOT engagement there were several hotels that became unresponsive to requests for records from the city’s consultant, CliftonLarsonAllen, LLP. The hotels in question, simply stopped responding to requests, despite actively responding in the early stages of the engagement. As a result, the city’s internal auditor, with support from code enforcement staff and in consultation with the City Attorney’s Office, implemented administrative measures to obtain their cooperation. The measures ranged from additional outreach in the form of calls and visits to the referenced hotels, to the city’s Code Enforcement Division issuing notices of violation and administrative citations, which carry fines. The process of applying additional administrative measures utilized considerable resources on the part of both the consultant and city staff. While there are periods in TOT engagements where city staff coordinate with the hotels directly to obtain reports or additional data, the measures required in this engagement are atypical. During the process of following up with the hotels in question staff looked to the applicable municipal code, Chapter 3.12 Transient Occupancy Tax, for language that would aid in obtaining compliance from all hotels. In doing so, it was noted that language concerning penalties in the TOT ordinance focus solely on the accurate remittance of TOTs. There was no mention of penalties if hotels refused to cooperate. While the city has more severe administrative actions and penalties it may apply, there is no reference to those actions. To further support the city’s inspection of TOT records, required by CMC 3.12.110 to be retained by hotels and made available to inspection for a period of three years, it was recommended to staff that the TOT ordinance be reviewed and updated. Doing so would support the city’s oversight and collection of TOT remittances. As a result, the Finance Department and City Attorney’s Office, with input from the city’s internal auditor, have begun a thorough review of the TOT ordinance. Several recommendations, aimed at facilitating the city’s review of TOT records are due to be brought forward for City Council’s consideration prior to the end of calendar year 2023. Review of transient occupancy tax filings Effective November 1, 2020, the city’s CTBID assessment was increased from one dollar per room, per occupied night to two percent of gross room rental revenues per month. This represented a significant increase in the CTBID assessment. During the TOT engagement one of the selected hotels was discovered to still be paying the previous CTBID assessment amount of one dollar per room, per occupied night. Despite the city thoroughly communicating the change in the assessment as well as noticing and holding the required public hearing and public meeting sessions, the hotel in question continued filing their TOT returns as they had been and paying the previous assessment. As a result, the hotel accrued a large net deficiency associated with their CTBID assessments plus penalties and interest. Aug. 29, 2023 Item #7 Page 23 of 26{city of Carlsbad 6 Transient Occupancy Tax Agreed-Upon Procedures In addition to the hotel not recognizing the change in the assessment and identifying the error, the city continued to receive and process the hotel’s TOT returns, including the incorrect CTBID assessments, without identifying the error. This carried on for well over a year, until the error was identified by the city’s consultant during the TOT engagement. To ensure such an error does not repeat, the Finance Department was notified of the oversight and instructed to review their process for receiving and recording TOT, CTBID and CGLBID assessments. As a result, the Finance Department corrected this item on the spot, by establishing a process by which TOT filings received by the Finance Department are subject to a detailed review before being recorded. Additionally, since the new assessment went into place, the city has begun accepting online remittances of TOTs from hotels. This allows hotels to remit their TOTs online, in a streamlined digital payment process. This process collects the same information the TOT forms require. Additionally, any time there is an update to the TOT form, the updates are automatically published within the online payment process. This serves to limit the likelihood of errors and streamlines the city’s process. Aug. 29, 2023 Item #7 Page 24 of 26{city of Carlsbad 7 Transient Occupancy Tax Agreed-Upon Procedures Transient Occupancy Tax Agreed-Upon Procedures Appendix SCHEDULE OF PROCEDURES TO BE PERFORMED Our procedures for each Hotel as agreed upon by the management of the City of Carlsbad will be as follows: 1. We will obtain and read the City Municipal Code Title 3 Chapter 3.12 Transient Occupancy Tax and resolution related to the transient occupancy tax, as well as review the City Municipal Code Title 3 Chapter 3.37 Carlsbad Tourism Business Improvement District and Chapter 3.38 Carlsbad Golf Lodging Business Improvement District. 2. We will recalculate the mathematical accuracy and observe the timeliness of the monthly transient occupancy reports filed with the City for the calendar years 2018, 2019, and 2020. 3. We will trace the transient rent receipts reported on each transient occupancy tax returns prepared by the Hotel during the calendar years 2018, 2019 and 2020 to the transient rent receipts recorded in their accounting records. 4. We will select a sample of 45 daily rental transactions (3 days each year and 5 guests per day) and for each transaction selected, we will recalculate tax computations and trace the amounts of rental revenues and transient occupancy tax collected to the books and records of the Hotel. 5. We will trace the total number of days each unit/hotel room is occupied on the transient occupancy tax returns prepared by the Hotel to the total number of days each unit/hotel is occupied per Hotel records. 6. We will inquire of management of the Hotel to determine the following: a. How “transient rent receipts” were accounted for and reported to the City. b. What procedures were in place to identify transient and non‐transient guests? c. How exemptions, including complimentary rooms, were documented, and reported to the City. 7. We will select 1 month each year (2018, 2019 and 2020) and will review the transient occupancy tax returns for claims of exemption from tax. For up to 5 exemptions per month we will review the Hotel’s documentation supporting the exemption. Aug. 29, 2023 Item #7 Page 25 of 26{city of Carlsbad 8 Transient Occupancy Tax Agreed-Upon Procedures 8. We will inquire how the Hotel handles reservations and payments done online through a third party such as Expedia.com and how the transient occupancy tax was collected and reported to the City for these transactions. Aug. 29, 2023 Item #7 Page 26 of 26{city of Carlsbad Tammy Cloud-McMinn From: Sent: To: Subject: Mary Real <anewday4me2020@gmail.com> Saturday, August 26, 2023 2:41 PM All Receive -Agenda Item # ..2 For the Information of the: _ 't,l~'L~ou NCIL Date~CA V cc V CM ✓ACM v DCM (3) v City Clerk; Council Internet Email; Scott Chadwick; Geoff Patnoe; Kyle Lancaster; Mary Real Comments Item 7 , C-bad City Council• Mtg. 8-29-2023 7. FISCAL YEAR 2023-24 INTERNAL AUDIT PLAN AND INTERNAL AUDIT UPDATE-1) Receive a report regarding Fiscal Year 2022-23 Internal Audit Activity Summa ry and the Fiscal Year 2023-24 Internal Audit Plan; and 2) Adoption of a resolution approving the Fiscal Year 2023-24 Internal Audit Plan (Staff contact: Robert Threatt and Laura Rocha, Administrative Services Department) To all Concerned about how money is prioritized and how much planning is done for the future and to serve the people to the best of their ability. After the age of 6 or so, when I learned that the tooth fairy and the Easter bunny and Santa Claus were not 'real', I ceased to believe that the Adults knew everything and would do what is right "because they were fine people who could sell ice to Eskimos and began questioning if there were a better way to do things! I understand those who want to believe the City Council will do the 'right thing' but Absolute Power corrupts absolutely as 'they' say and anybody can take the easy road especially as this is a part time job? Should those in Power, the Decision Makers consult with the general public for ideas or should they just continue to say whatever sounds good and spout that idea as the best and only way to do something? Where is the money going? The library closed down on Sunday in Carlsbad but the County is open less hours than Carlsbad but the County hours are designed to be open 7 hours a day on Sat & Sun and only 5 hours a day on slower days thru the week and the library is open All Seven days to Serve the Community. Carlsbad is no longer a leader in Serving the Community under the current leadership who are not looking out for the community. The City Manager wants to keep his job (at his salary I can understand this!) so he is not about to rock the boat by suggesting they steal good ideas from other cities. Please consult or email your City officials who are supposed to be leading for the good of All ---a Win Win situation. Is it true that All depts were told to reduce their budgets by 3%? Does that mean sending City Council members on junkets to other cities has reduced their budget? Are you willing to accept less to have more money in the bank? If there is so much money in special accounts, why did the pension fund not receive their funds in a timely manner so that the City had to use 14 million dollars from Sacramento to pay the pension fund debt ---What is going on ???? 1 Why is Park & Rec. letting the Senior Center go down hill? Why are they not planning on paying for a study by an outside firm to upgrade and build a second Senior Center to keep up with the growing Senior population? Kyle Lancaster is too busy or doesn't care about seniors and Mick ' . Calarco is too busy giving private tours of the Ranch to oversee the Senior Center and provide leadership. The Staff avoids seniors or solving problems of communication as they have learned that they get paid regardless and do not have to answer to seniors who ask questions? If you can not figure out a way to respond to seniors and their requests, how can you manage to grow and expand the population using the Senior Center? Does the Mayor and the City Council want to ALLOW seniors to utilize the Senior Center as a place to meet and greet and have fun with other seniors and some recent volunteers who ask seniors to leave the cafeteria instead of listening to music because Staff needs to clean for Rentals who Pay Money to use the Senior Center facility? The Council has not taken an interest in upgrading the experience for seniors and are not spending money (donated Money} to buy karaoke machines or equipment or games to allow seniors to bring in their own food. What are the concrete goals to update and grow the use of the Senior Center for the benefit of actual seniors? Some Council People are up for re-election, and yet they do not visit the Senior Center or apparently the Library to see if they can inspire upgrades from Staff. Is this leadership? Get the best person for the job and watch to make sure that they are not too comfortable when listening to the Party line. Critical thinking is part of keeping everyone on track or not. Do you want mediocre management for the community? Respectfully Submitted, Mary Lucid CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 2 Internal Audit Update and Fiscal Year 2023-24 Internal Audit Plan Robert Threatt, Internal Audit Manager Administrative Services Branch August 29, 2023 1 {city of Carlsbad TODAY’S PRESENTATION •Fiscal year 2022-23 internal audit update •Proposed fiscal year 2023-24 internal audit plan ITEM 7: Internal Audit Update 2 { City of Carlsbad PROPOSED ACTION Adopt resolution approving the fiscal year 2023-24 internal audit plan Item 7: Internal Audit Update 3 { City of Carlsbad FISCAL YEAR 2022-23 INTERNAL AUDIT ACTIVITIES Completed internal audit engagements •Vice Narcotics Investigative Unit “Buy Fund” review •Transient occupancy tax review engagement Item 7: Internal Audit Update 4 FISCAL YEAR 2022-23 INTERNAL AUDIT ACTIVITIES Vice Narcotics Investigative Unit “Buy Fund” review •Procedures •Cash count •Evaluation of program’s internal controls •Results (exhibit 3) •Four audit recommendations focused on strengthening internal controls •Identify a secondary approver for cash transactions •Attend annual cash handling training •Cash replenishment process to be evaluated and updated •Publish cash handling procedures specific to “Buy Fund” Completed Engagements 5 FISCAL YEAR 2022-23 INTERNAL AUDIT UPDATE Transient occupancy tax agreed-upon procedures engagement •Procedures •Engaged regional CPA firm to perform fieldwork •Evaluated compliance with remittance and reporting requirements •Results of engagement •Identified $159k in underpaid TOTs, penalties, and interest •Improved upon the city process for verifying accuracy of TOT filings and remittances received •TOT ordinance improvements identified Completed Engagements 6 TRANSIENT OCCUPANCY TAX FINDINGS Underpayments Penalties & Interest Transient Occupancy Taxes $21,224 $17,923 CTBID Assessments $85,199 $35,180 •Underpayments of TOTs were primarily the result of unsupported exemptions claimed by hotels •CTBID finding occurred due to a hotel not adopting a change in the city’s CTBID assessment in November 2020 7 FISCAL YEAR 2023-24 INTERNAL AUDIT PLAN •Transient occupancy tax engagement (ongoing engagement from FY23) •Procurement program audit (ongoing engagement from FY23) •Payroll audit (rollover engagement) •Business applications user access review (rollover engagement) •Transient occupancy tax engagement and revenue audit (new engagement) Proposed Audit Engagements 8 PROPOSED ACTION Internal Audit Plan and Update 9 Adopt resolution approving the fiscal year 2023-24 internal audit plan { City of Carlsbad THANK YOU! Internal Audit Plan and Update 10 { City of Carlsbad