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HomeMy WebLinkAbout2015-01 Performance Audit Report: County of Hawai'i's Purchasing Card (pCard) ProgramCounty of HawaiTs Purchasing Card Program Report No. 2015-01 July 17, 2015 Office of the Legislative Auditor County of Hawaii 4TF•OF•HA�S1 Dru Mamo Kanuha Chair & Presiding Officer Council District 7 July 17, 2015 JNsy'oF' r'q�. O.• q grF•OF�Hp'�P %L'ouUN of 'Pubiat`i Bonnie S. Nims, CGAP Legislative Auditor Business Address 1266 Kamehameha Avenue Suite A-8 Hilo, Hawai `i 96720 OFFICE OF THE LEGISLATIVE AUDITOR 25 Aupuni Street Hilo, Hawaii 96720 * (808) 961-8386 * Fax (808) 961-8905 website: hup:11HawaVicounty.Qov e-mail: publiclao(aco.Hawai'i.hi.us The Honorable Dru Kanuha, Council Chairperson and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chair Kanuha and Council Members, hi accordance with Hawaii County Charter Section 3-18(d)(2), attached is the Office of the Legislative Auditor's report of our audit of the Purchasing Card (pCard) Program. The purpose of the audit was to determine whether internal controls currently in place were adequate to reduce the risk of fraud and misuse of purchasing cards, to evaluate the appropriateness of pCard purchases, and to identify potential areas for improvement. The County's pCard program includes several industry best practices and internal controls are generally operational and effective. However, the County management should address gaps in existing policy and improve program monitoring. While pCard transactions reviewed were generally appropriate and for a legitimate department purpose, some pCard transactions did not follow county policy, had a questionable public purpose, and may have violated state law. In addition, reimbursements for personal or miscellaneous purchases were not always made timely. If you need any further information, please let me know. We would like to thank the Department of Finance staff, as well as representatives from other County departments, for their assistance and cooperation during this audit. We greatly appreciate all of their valuable time and efforts spent on providing us information. Respectfully, Bonnie S. Nims, CGAP Legislative Auditor cc: William P. Kenoi, Mayor Stewart Maeda, County Clerk Deanna Sako, Director, Department of Finance Gerald Takase, Director, Department of Liquor Control Walter Lau, Managing Director Hawai `i County is an Equal Opportunity Provider and Employer In Brief Background In 2001, the State of Hawai`i's State Procurement Office (SPO) established the Purchasing Card Program (pCard program) to improve efficiency, flexibility, and convenience when buying goods and services. The County of Hawaii adopted the State's program in 2003 and it is administered by the County's Department of Finance and coordinated with the State Procurement Office. Both state and county policies limit types of purchases paid with a pCard. In calendar year 2014, the County of Hawaii used approximately 236 purchase cards spending $1.15 million. We initially reviewed 570 transactions totaling $94,036.42 from 2014. During the course of our audit, we identified transactions that required us to expand our initial audit testing to include an additional 362 transactions totaling $68,576.71 from 2009-2015. Why we did this audit This performance audit was undertaken to evaluate if the program's internal controls were adequate to reduce the risk of fraud and misuse of purchasing cards and to identify potential areas for improvement. The audit also looked at pCard transactions to see if they were in compliance with county and state laws and regulations, county policies, and industry best practices. We initiated the audit, as we believe purchase cards are an inherently high-risk method for purchasing, due to the highly decentralized nature of the transactions, the number of active cardholders, and the amount of annual activity. EMM What we found The County of Hawai`i's pCard program includes several industry best practices. This design has resulted in the program generally being used appropriately. The majority of the departments we reviewed clearly demonstrated the legitimate department purpose of the pCard transactions and the benefit to the County and taxpayers. However, our audit did identify 164 transactions totaling $29,961.41 that did not follow county policy, had a questionable public purpose, and may have violated state law. Furthermore, some transactions were not reimbursed timely. Gaps in existing policy and procedures should be addressed and program oversight could be improved to help prevent and detect any future inappropriate transactions. Management has generally agreed with the recommendations in this report. Their complete response to this audit can be found on pages 18- 22: Management's Comments. The recommendations identify improvements for management to increase internal controls for County -issued purchasing cards. Our audit report offers recommendations designed to address these issues through: • Updating the County Code; • Treating all employees and departments fairly and equitably; • Updating pCard Policy and Procedures; • Strengthening monitoring practices to ensure expenditures are for a legitimate public purpose and demonstrate a clear benefit to the County and taxpayers; • Providing on-going training to departments; and • Using available technology from the card issuer to improve monitoring practices. Table of Contents Introduction...............................................................................................................................1 Background...............................................................................................................................2 AuditObjectives........................................................................................................................4 AuditScope and Methodology.................................................................................................4 Commendations and Noteworthy Achievements...................................................................5 AuditResults.............................................................................................................................6 While most transactions reviewed were generally appropriate, some purchases did not follow county policy, had a questionable public purpose, and may have violatedstate law...........................................................................................................6 Some purchases did not follow county policies, had a questionable public purpose, and may have violated state law...........................................................6 Reimbursements were not always made timely...................................................9 Existing controls are operational and generally effective and opportunities to strengthen them exist.................................................................................................11 County Purchasing Card Program and Procedures are not entirely consistent with state law, state purchasing card guidance, and other county policies .........12 Program monitoring could be improved..............................................................12 Purchasing Card Program and Procedures should be clarified and departmental training should be provided................................................................................13 Use of available technology could improve program monitoring .........................14 Recommendations..................................................................................................................16 Management's Comments......................................................................................................18 AppendixA — Audit Criteria....................................................................................................23 Introduction The Office of the Legislative Auditor conducted this performance audit of the County's purchasing card program pursuant to Section 3-18 of the Hawaii County Charter, which outlines the Office of the Legislative Auditor's primary duties. Performance audits typically examine the effectiveness, economy, or efficiency of a government program. They can include analyzing the services of an entire department or activity, identifying possible cost savings, identifying the outcomes achieved by a program, or comparing actual department practices against the practices called for in law or policy. Our objective in performance auditing is to improve public services provided by county government. We do this by recommending specific actions that will address the issues we raise and by providing valuable information to the public, the administration, program leadership, the Hawai"i County Council, and the Mayor. A performance audit of the County's purchasing card program was included in the fiscal year 2014-2015 annual audit plan based on the results of our countywide risk assessment. There are inherent risks associated with the implementation of a purchasing card system. When internal controls are not functioning as designed, the risks related to the program increase, thereby increasing the risk exposure to the County. The potential for fraudulent use is one such inherent risk. On a national level, fraudulent use of purchasing cards and fraudulent claims for travel and entertainment expenses rank among the most commonly occurring types of employee fraud. Due to this potential risk, the Office of the Legislative Auditor determined that a thorough examination of purchasing card policies, procedures, and processes was warranted. Purchasing Card Program :: Introduction 11 Background What is a pCard? A purchasing card (pCard) is similar to a credit card. It is owned by the County and issued to County employees to make official purchases. The Purchasing Card Program (pCard program), established by the State of Hawai`i's State Procurement Office (SPO), offers benefits to the State and counties including improving efficiency, flexibility, and convenience when buying official goods and services. The County of Hawaii adopted the State's program in 2003 and it is administered by the County's Department of Finance in coordination with the State Procurement Office. The County's pCard is a MasterCard issued by First Hawaiian Bank and in 2014, there were approximately 236 County pCard cardholders. Cardholders are required to sign and abide by a Cardholder Agreement approved by the Purchasing Card Administrator' and if the pCard is used for unlawful or improper purposes, the cardholder may be subject to disciplinary action, up to and including termination, for that misconduct. Why use a pCard? The pCard program was established to reduce the administrative burden associated with issuing purchase orders and processing invoices for payment without sacrificing controls over safeguarding of assets and preventing and detecting errors and fraud. Specifically, the pCard program is designed to: ➢ Improve management controls; ➢ Increase purchasing efficiency; and ➢ Allow payment to vendors by the card issuer generally within two days of the purchase. What can be purchased using a pCard? A purchase may be made using a pCard if the expenditure is budgeted, for a legitimate department purpose, appropriately authorized, within the pCard limits, and is made in accordance with the County's Small Purchase Guidelines. County policy also establishes restrictions on what cardholders can buy with these cards. Examples of restricted purchases include: • Any purchase over the established limit for the pCard • Liquor, unless specifically authorized • Cash • Goods and services for personal use, unless specifically authorized ' A Purchasing Card Administrator is defined by the Purchasing Card Program and Procedures October 2013 as the County Director of Finance or their designee and is authorized to approve or certify Cardholder Agreements, pCard application, credit card changes, and cancellations. This individual may also be the Department pCard Coordinator. Purchasing Card Program :: Background 12 The Purchasing Card Administrator may grant exceptions on a limited basis upon showing sufficient justification. How much did the County of Hawaii buy with the pCard? The County purchased more than $1.15 million in goods and services with the pCards in the calendar year 2014. Purchasing Card Program :: Background 13 Audit Objectives The Office of the Legislative Auditor's fiscal year 2014-2015 annual audit plan included a performance audit of the County's Purchasing Card (pCard) program. The objectives of the audit were to evaluate the appropriateness of pCard purchases and the adequacy of the program administration and oversight, including internal controls to safeguard the County from fraud, waste, and abuse. Audit Scope and Methodology To accomplish our objectives, we: • Developed an understanding of the policies and procedures, processes, and document flows; • Corroborated information through interviews with appropriate personnel, reviewing documentation, and performing tests of documentation and controls; • Compared Purchasing Card Program and Procedures (Department of Finance October 2013), practices and performance measures with Government Finance Officers Association (GFOA) recommended industry best practices; • Assessed compliance with the County's Purchasing Card Program and Procedures, policies and procedures, applicable purchasing guidelines, rules, laws, regulations, code and charter provisions; • Analyzed pCard data ;2 • Judgmentally selected transactions for evaluation using a risk-based approach focusing on unusual vendors or transaction descriptions, unexpected high dollar amount, and cardholder position. Our selection covered a broad range of County departments with the exception of the Department of Water Supply (a semi -autonomous agency); and • Reviewed additional documentation (i.e., inventory logs, department purchase request forms, attendee sign -in sheets, etc.) as needed. During the course of our audit, we identified transactions that required us to expand our initial audit testing. Specifically, we reviewed the Mayor's Office's pCard transactions from January 2009 through May 2015 and one cardholder from the Department of Liquor Control's transactions from January 2011 through May 2015. In addition, we examined all Hawai"i County Council and their District staff's pCards for calendar year 2014. We did not identify any transactions indicating a need for further testing. Z Data was extracted from the County of HawaiTs Eden FRESH accounting system and compared to First Hawaiian Bank credit card statements. Purchasing Card Program :: Objectives, Scope, & Methodology 14 We performed data reliability testing of the transactional data obtained from First Hawaiian Bank, which we relied on in this report. We evaluated the internal controls related to our audit objectives, including the adequacy of program oversight. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. Our conclusions on the effectiveness of these controls are detailed within this report. We thank the Department of Finance staff, as well as representatives from other County departments, for their assistance and cooperation during this audit. Management generally agreed with the recommendations in this report. Their complete response to this audit can be found on pages 18-22: Management's Comments Commendations & Noteworthy Achievements Several departments exceled in their pCard expenditure documentation. Transactions tested for these departments clearly demonstrated compliance with county policies and procedures, the legitimate department purpose, and had a clear benefit to the County and taxpayers. Furthermore, these departments included necessary information for us to effectively evaluate the pCard transactions. These departments were: • Civil Defense • Environmental Management • Human Resources including the Health and Safety Division • Prosecuting Attorney • Office of the County Clerk including the Elections Division • Hawai"i County Council Purchasing Card Program :: Commendations & Noteworthy Achievements 15 Audit Results While most transactions reviewed were generally appropriate, some purchases did not follow county policy, had a questionable public purpose, and may have violated state law. The purpose of the County's Purchasing Card (pCard) Program is to establish an efficient, cost- effective method of purchasing and paying for small -dollar transactions. County policies and other documents define the pCard Program and establish the rules and guidance employees must follow in order to retain the privilege of having and using County pCards. In 2014, the County spent approximately $1.15 million using its pCards. We initially reviewed 570 transactions totaling $94,036.42 from 2014. During the course of our audit, we identified transactions that required us to expand our initial audit testing to include an additional 362 transactions totaling $68,576.71 from 2009-2015. Of these transactions, most were for a legitimate department purpose, were authorized by the department, and generally followed county policies and guidelines. Audit testing included the following risk areas where no exceptions were found: • Cash Advances — The Purchasing Card Program and Procedures prohibits using pCards for cash advances. Audit testing did not identify any cash advances. • Split Purchases — Splitting orders or costs to circumvent the transaction limit is prohibited. No split transactions without documented approval were identified. • Restricted Purchases - The Purchasing Card Program and Procedures specifically restricts using pCards for printing, County storeroom supplies, and safety equipment without prior approval from the Purchasing Division. Audit testing did not identify any of these purchases that did not obtain adequate prior approval. We commend the Department of Finance on the effectiveness of the controls that have been implemented. However, audit work did identify some instances of non-compliance. Some purchases did not follow county policies, had a questionable public purpose, and may have violated state law. The Hawai"i State Constitution, the Hawai"i Revised Statutes (HRS), the Hawai"i County Charter, the Hawai"i County Code, and the various county policies all require that public funds be used for a public purpose. (See Appendix A for details.) While the majority of the transactions tested from 2009-2015 were appropriate, we found 164 transactions totaling Purchasing Card Program :: Audit Results 16 $29,961.41 that, in our opinion, violated county policies, had a questionable public purpose, and may have violated state law. Transactions which violated county policies, had a questionable public purpose, and may have violated state law Mayor's Office Dept. of Liquor Total # Amount # Amount # Amount Personal Purchases 26 $ 3,689.34 19 $ 6,278.00 45 $ 9,967.34 Miscellaneous Reimbursed Purchases 116 $ 17,723.04 116 $ 17,723.04 Other Questionable Purchases 3 $ 2,271.03 3 $ 2,271.03 Total 145 $ 23,683.41 19 $6,278.00 164 $ 29,961.41 Personal Purchases We noted 45 transactions totaling $9,967.34 that were clearly identified in the accounting system transaction description as a personal charge. Although the County was fully reimbursed for these purchases, the associated costs were initially charged against the County's pCard. Use of the pCard for personal purchases is not in accordance with the Hawai'i State Constitution, Article 7, Section 4 that requires public money to be used for a public purpose. In addition, both the State and County pCard policy strictly prohibit personal use of the pCard. Miscellaneous Reimbursed Purchases The audit identified 116 transactions totaling $17,723.04 that did not have a transaction description or were described in the accounting system as "Miscellaneous - County to be reimbursed" or a variation of this phrase. Detailed itemized receipts or other supporting documentation was not provided since the transaction was reimbursed by the cardholder. Common business practice, as well as the State and County's pCard policy requires original, detailed, and itemized receipts to support transactions. As a result, the County did not clearly demonstrate whether the transaction was for a legitimate department purpose and we could not determine if the transactions complied with the State Constitution requiring public funds be used for a public purpose. We did perform a review of the vendor name but without receipts or other supporting documentation, again, we could not determine a clear benefit to the County. These vendors included but were not limited to Bike Works, Mid Pacific Wheels, Evergreen Restaurant, Honolulu Elks Club, and Hawaiian South Shore. Although the County was fully reimbursed for these purchases, the associated costs were initially charged against the County's pCard. Other Questionable Purchases We noted three transactions totaling $2,271.03 that were of questionable public purpose or public benefit and did not follow County policy. Purchasing Card Program :: Audit Results 17 Other Questionable Transactions Purchase Amount Airfare for Basic Image's youth representative to participate in Surfing America USA Championship competition $ 1,270.60 Helicopter ride for an affiliate of the US Conference of Mayors and family $ 652.40 Alcohol purchased for the Hawai'i State Legislators as a gift (omiyage) $ 348.03 Total $2,271.03 Airfare for Youth Representative The County paid $1,270.60 in airfare for a non -County employee to attend the Surfing America USA Championship competition in California. The Mayor's Office stated that the non -County employee was a "youth ambassador" who participated in the competition. However, the Mayor's Office could not demonstrate how the youth ambassador was selected or that there was any official recognition upon return. Therefore, we were unable to determine a clear public purpose or benefit to the county. In addition, the ticket was purchased one day prior to travel through a web -based airline ticket provider. The County's Purchasing Manual Section 5.1.5 requires County departments to obtain three written quotes for the purchase of airfare greater than $1,000. The Mayor's department was unable to demonstrate it had complied with this policy by obtaining three quotes. Furthermore, County policy (Memorandum 04-9 (May 25, 2004)) requires any County department, agency, or office who anticipates incurring an expenditure requiring approval as required by Section 2-98 of the County Code to complete a Request for Adjustments and Exceptions (RAE) form which is then approved by the Director of Finance. Section 2-98(b) of the County Code allows the mayor or council chairperson to disallow or authorize certain expenses. In addition, the County's Purchasing Manual Section 5.1.6 requires purchases of goods and services that are unique and not typical to the general purpose of the department, to complete an RAE and obtain written approval from the Director of Finance. Although the Mayor's Office indicated they had received verbal approval from the Mayor, the required form or written approval by the Finance Director was not provided. Helicopter Ride The County paid $652.40 for a four -passenger volcanos and waterfalls helicopter tour for an affiliate of the US Conference of Mayors (USCM) and his family. While a County benefit may be derived from providing this ride to an affiliate of the USCM, the benefit of the cost of the family, as well as public perception from a reasonable person standpoint, is questionable. The required RAE form and written approval by the Finance Director was not provided. Purchasing Card Program :: Audit Results 18 Alcohol Purchase Several bottles of wine totaling $348.03 were purchased for the Hawai"i State Legislators to be given as gifts (omiyage) during the April 2014 Legislative Hearings. Although omiyage is an allowable purchase, the County provided other gifts to the Legislators including cookies and coffee. According to the County's Purchasing Card Program and Procedures, use of the pCard for the purchase of liquor is prohibited unless specifically authorized. It is unclear what type of authorization was required or obtained in this situation. In addition, since both the State and County are drug and alcohol free work environments, from a reasonable person standpoint, this transaction does not appear appropriate. Furthermore, the State Procurement Office (SPO) stated that although the purchase of alcohol is not explicitly prohibited in the State pCard policy, it is implied and treated as a given prohibited item. We believe the State guidelines are a sound point of reference and we question whether these items have a clear public purpose or benefit. While the Department of Finance reviews all pCard transactions for procurement compliance, appropriate documentation, and authorization, it appears the Mayor's Office was not always held to the same requirements as other departments. We recognize the Mayor's Office has duties and responsibilities that are not standard, and in fact, are often extraordinary in nature. However, there is no written statute to exempt any employee and/or department from following state law and county policies and procedures. In addition, the County Code Article 15, Section 2-83 requires fair treatment of County employees and officers. The same policies and processes should be applied to all cardholders. Only then can the rules be enforced without confusion. By not strictly enforcing County and State purchasing requirements, the County unnecessarily increases the risk that fraud or abuse may occur. Moreover, without adequate supporting documentation, the County is unable to demonstrate an expenditure is for a legitimate public purpose. As employees become aware of control weaknesses, such as approved personal expenses or allowing unsupported and unauthorized exceptions, employees predisposed to misusing the card may be more likely to attempt to process improper purchases. Failure to address these control issues could lead to the erosion and weakening of the control system and increase the County's exposure to fraud, waste, and abuse. Reimbursements were not always made timely. As described above, some employee's pCard purchases were identified in the accounting system as "personal" and "Miscellaneous - County to be reimbursed". In most cases, a Purchasing Card Program:: Audit Results 19 Treasury Deposit Slip was included in the transaction's supporting documentation to confirm the reimbursement. Some reimbursements were not made timely: Days For Reimbursement For Personal & Miscellaneous Purchases Days from transaction to reimbursement # of transactions % of transactions Amount % of Amount <_ 30 52 33% $ 13,333.09 49% <_ 100 50 31% $ 6,426.82 23% <_ 500 48 30% $ 6,574.78 24% <_ 1,000 9 6% $ 1,121.95 4% Total 159 $ 27,456.64 Our audit also identified four miscellaneous or personal transactions totaling $282.95 that were not reimbursed until our audit brought this information to management's attention. The Department of Finance stated that interest was paid on the reimbursements; we did not review or assess the accuracy, reasonableness, or completeness of these calculations. Since occasional accidents and errors do occur, department pCard coordinators are responsible to take the necessary steps to recover or dispute the cost of any inadvertent, improper, or erroneous charges. The County's pCard Program and Procedures requires notices of disputed items must be made within 60 days of the cycle in which the item first appears on the cardholder statement. However, these procedures do not address the timeliness of reimbursements of erroneous personal purchases, thereby facilitating the non -intentional, potentially interest free loan or lending of credit. Lending of credit is when a borrower receives something of value now and agrees to repay the lender at some date in the future, generally with interest. Lending of credit to employees for personal use of purchasing cards is inconsistent with of Article 7, Section 4 of the Hawai"i State Constitution, which states: "No tax shall be levied or appropriation of public money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose...." [emphasis added] Purchasing Card Program :: Audit Results 110 Existing controls are operational and generally effective and opportunities to strengthen them exist. The County of HawaiTs Purchasing Card (pCard) program has implemented several best practices for internal controls. Internal controls are broadly defined as a process effected by management Internal Controls are that is designed to provide reasonable assurance on the generally adequate effectiveness and efficiency of operations, reliability of financial reporting, and compliance with applicable laws and regulations. Internal controls can help achieve performance targets and prevent loss of resources. Audit testing of internal control procedures included the following risk areas where we found no exceptions: Separation of Duties — This is a control to ensure that no single person has full control of a transaction. Audit work found that the departments tested had adequate separation of duties. • Purchasing Card Limits — Any purchase over the established limit for the pCard is restricted. Testing did not identify any transactions that exceeded the cardholder purchasing card limits without documented approval from the Finance Director. • Restricted Purchases — Each pCard has a magnetic strip programmed with descriptive categories of valid or restricted merchants (merchant category codes, or MCC's). For example, some of these merchant types include bank charges, cash advances, drinking places (bars and taverns), and laundry and cleaning services. We did not identify any transactions that violated the County's pre-set blocked MCC's. In addition, there were no documented instances where the Finance Director or designee overrode a blocked MCC request We again commend the Department of Finance on the effectiveness of the controls that have been implemented. However, audit work did identify areas where the Department of Finance could enhance its controls to further encourage compliance and dissuade misuse or fraudulent use of pCards in the future. Purchasing Card Program :: Audit Results 111 County Purchasing Card Program and Procedures are not entirely consistent with state law, state purchasing card guidance, and other county policies. The pCard program is administered by the County of Hawai'i Department of Finance, in coordination with the State Procurement Office (SPO). Under the Hawaii Revised Statutes (HRS) chapters 103D and 103F, the SPO develops rules, as well as policies and procedures, to implement the procurement law for both state and county 11 governments.3 The purpose of these rules is to promote economy, efficiency, and effectiveness in the procurement County policies are not of goods and services, and construction for the State and entirely consistent with counties. (HAR 3-120-1)4. state guidance The SPO website (http://spo.Hawai"i.gov/) provides various pieces of guidance including procurement circulars and the State of Hawaii Purchasing Card Program and Procedures. In the State's Program and Procedures, purchases for "goods and services for personal use" are specifically restricted. Whereas the County's Purchasing Card Program and Procedures and the Cardholder Agreement does restrict purchases for goods and services for personal use, it includes the language "unless specifically authorized". By including this caveat, there is an increased risk a cardholder may use the card inappropriately. Furthermore, this exception is in violation of the Hawaii State Constitution, Article 7, Section 4 and the Hawaii Revised Statutes (HRS) Section 103D-101 which requires that public money be used for a public purpose. The County's Purchasing Card Program and Procedures also restricts the purchase of liquor. However, again it includes the language "unless specifically authorized". By including this caveat, there is an increased risk of a violation of the County's Alcohol -Free Workplace Policy. Since we work for the taxpayers, the County should also consider the public perception of allowing the purchase of alcohol using public money. Program monitoring could be improved. To comply with the monthly pCard reconciliation deadline, the Department of Finance Purchasing and Accounts Payable (AP) Divisions currently has approximately 12 to 16 hours to review 100 percent of the County's pCard transactions each month. The Department of Finance reviews each transaction for compliance with procurement rules, account payable requirements, and accounting codes. If errors are identified, transactions are returned to the department for review, clarification, or correction. However, the Department of Finance relies on the individual departments to determine if the transaction is appropriately authorized and is for a legitimate department purpose. In addition, County departments are not consistently 3 State Procurement Office Executive Overview January 2013 4 http://spo.hawaii.gov/wp-content/uploads/2013/11/3-1201.pdf Purchasing Card Program :: Audit Results 112 Additional monitoring of the transaction's appropriateness would better ensure transactions are for a clear public purpose describing the legitimate department purpose in the transaction description to clearly demonstration the benefits to the County or its taxpayers. Monitoring is an integral component of internal controls; unmonitored controls tend to deteriorate over time. When monitoring is designed and implemented appropriately, organizations are more likely to identify and correct problems on a timely basis. Ongoing monitoring can occur in the course of daily operations including regular management and supervisory activities. While the County's Department of Finance does review all transactions for procurement and accounting rules, additional monitoring of the transaction's appropriateness could be performed to better ensure transactions are for a legitimate department purpose and clear benefit to the County and taxpayers. Furthermore, providing consolidated clear guidance to all County departments on appropriate information to be included in the transaction description would better enable the AP Division to monitor these transactions. Purchasing Card Program and Procedures should be clarified and departmental training should be provided. The Government Finance Officers Association (GFOA) establishes best practices for Purchasing Card Programs. These best practices include written policies and procedures for internal staff as well as ongoing training of cardholders and supervisors. To maintain appropriate controls and comply with best practices, the County of Hawai"i's Department of Finance established "Purchasing Card Program and Procedures" which provides guidance including what constitutes an authorized pCard purchase, restrictions for pCard use, and responsibilities for the pCard Administrator, department pCard coordinators, and cardholders. The County's Purchasing Division disseminates pCard information through purchasing reminders emails, word-of-mouth, and conducting Purchasing Manual training sessions and other training sessions throughout the year. Lack of on-going training and clarity in County policy may cause some departments to use pCards in a manner that could be inappropriate The County last updated the Purchasing Card Program and Procedures in 2013 but did not incorporate additional guidance provided to County employees. For example: Purchasing Card Program :: Audit Results 113 • Spending Guidelines (Memorandum 08-12 dated December 15, 2008) details specific restricted purchases including bottled water and water service, brief cases, cell phone plans, gifts ("omiyage"), department shirts, and flowers. • Request for Adjustments and Exceptions (RAEs) (Memorandum 04-9 dated May 25, 2004) establishes a method of requesting adjustments and exceptions to specific purchases and transactions. • Purchase of Alcohol (Memorandum 99-09 dated July 19, 1999) prohibits the purchase of alcohol for consumption by employees or for functions involving the County with the exception of "when such purchase is necessary for the entertainment of dignitaries by the Mayor, the Chairman of the County Council, or their authorized representative. Any such exceptions shall have the Mayor's written approval or the approval of the Chairman of the County Council, whichever is appropriate." • FRESH Account Payable Tidbits (October 9, 2012) describes how to process pCard transactions. To ensure all county policies and procedures are followed; the cardholder and/or the pCard coordinators must review numerous pieces of guidance. There is currently no consolidated source that includes all current and applicable pCard rules. Each County departments process their pCards into the financial accounting system differently; each recording the transaction in varying levels of detail. By having to rely on multiple pieces of guidance and a lack of consistent detailed training, the risk that unauthorized transactions may occur or county policies and procedures are not followed greatly increases. Since it is the Department of Finance's intent to use the Purchasing Card Program and Procedures as its official pCard policies and procedures, it must make this clear to cardholders, update it annually, and provide on-going training to supervisors, cardholders, and department pCard Coordinators. As of June 2015, the Department of Finance indicated they are taking the necessary actions to improve the oversight of purchasing cards by providing training to departments, including the Mayor's Office. We have not corroborated this information, nor have we reviewed the training material. Use of available technology could improve program monitoring. Better use of technology could improve monitoring of pCard transactions Technology is a key element to helping the County more effectively target potential card misuse and streamline the monitoring process. In conjunction with the pCard issuer, the County should have access to a variety of standard reports that provide the transaction detail that may highlight anomalies in pCard purchases including: • Split transactions (i.e., two or more transactions Purchasing Card Program :: Audit Results 114 which show the following similarities: same date, same supplier, same cardholder and same amounts) • Unusual increases in the cardholder's average spend and/or highest spend amount • Purchase amounts over transaction limits • Purchase amounts within one to three percent below purchase limits • Purchases with unauthorized suppliers • Purchases from suppliers with un -blocked MCCs on a "watch list'5 CentreSuite is First Hawaiian Bank's (the County's card issuer) application designed to streamline the accounting code allocation and simplify the submission, review, and approval process for employee expenses.' The County should consider incorporating First Hawaiian Bank's CentreSuite application into the County's accounting database, including uploading and downloading pCard data. This would allow the County to follow best practices for monitoring, including the use of software to complete transaction data analysis, test controls, and report the results. s Auditing and Compliance Strategies for a Solid Purchasing Card Program, JP Morgan 6 https://www.fhb.com/en/online-services/banking/other-online-business-services/centresuite/ Purchasing Card Program :: Audit Results 115 Audit Recommendations The County of HawaiTs Purchasing Card (pCard) program was designed based on several industry best practices. This design has resulted in the program generally being used appropriately and achieving its objectives. However, gaps in existing policy should be addressed and program oversight could be improved. The following recommendations address each of these areas. Clarify County Code We recommend that the Hawai"i County Council consider revising the language of the County Code, Article 16, Section 2-98. Adjustments and exceptions, to clarify that authorized exceptions for travel and other expenses are still required to follow state law requiring public funds to be used for a public purpose. Fair and Equitable Treatment We recommend that County Management, including the Department of Finance, comply with County Code Article 15, Section 2-83 and treat all employees and departments in a fair and equitable manner and hold them consistently to the same laws, policies, and procedures. Update Policies and Procedures We recommend the Department of Finance complete an annual comprehensive review and clarify the Purchasing Card Program and Procedures Manual to ensure that it is consistent with state law and other applicable county guidance including but not limited to: o Remove the caveat "unless specifically authorized" on personal purchases and liquor. o Clarify policy on specific types of allowable and unallowable purchases. o Clarify policy on the timeliness of reimbursements. o Provide clear guidance on documenting the legitimate department purpose in the transaction description. Strengthen Monitoring We recommend the Department of Finance, in addition to their current review procedures, complete a periodic review and/or perform additional monitoring of pCard transactions to ensure expenditures are for a legitimate department purpose and have a clear benefit to the County. Purchasing Card Program :: Audit Recommendations 116 Provide Training We recommend the Department of Finance provide on-going training to each department, including pCard Coordinators, cardholders, and supervisors. Use of Available Technology We recommend Department of Finance consider incorporating the First Hawaiian Bank CentreSuite pCard application into the FRESH Invoice database, including uploading and downloading pCard data, to improve monitoring of pCard transactions. Purchasing Card Program :: Audit Recommendations 117 Management's Comments MAY OF �;`"' '•.,, Water K.M. Lau �'4• Managing ➢irerlor William P. Kenoi Mnrnr - • Randall M. Kurohara �i'�: ?rte°;N� OrPunMrrnnging nrrrrror Tf OF'N' County of Hawaii Office of the Mayor 25 Aupuni Skccl, Suit"' 2603 • Hik,, Hawaii 967211 • (HOS)961-N211 • Fuz (.8081 96 1-6553 KONA: 74-5044 Ane Kcohokalolc Hwy., Bldg. C • Kailua-Kona. Hawaii 96741) (808)323-4444 • Fax {80813234440 July 15, 2015 Ms. Bonnie Nims, CGAP Legislative Auditor Office of the Legislative Auditor 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms, Nims The Office of the Mayor commends the Office of the Legislative Auditor on its report on the County of Hawai'i's Purchasing Card (pCard) Program. We would like to thank the Legislative Auditor and her hardworking staff for putting together this report. Our office worked cooperatively with the Legislative Auditor's staff to ensure that we responded to requests for information in a timely manner. While we do not agree with all of the assertions and conclusions contained in the report, we fully support the audit recommendations and are working towards implementation of all the recommendations with the Department of Finance. We believe the recommendations contained in the report will ensure that we improve the administration and oversight of the pCard Program. We thank Legislative Auditor Bonnie Nims and her staff for the professionalism with which they conducted this review of the pCard Program. Their efforts will help to improve the efficiency and accountability of county government. Respectfully submitted, "`xx. )-- Walter K.M. Lau Managing Director County of Hawai' i Coumy of Huwai'i is un Fyu at Opportunity Provider and Employer. Purchasing Card Program :: Management's Comments 118 William P. Kenoi Deanna S. Sako Mayor_"' !. Director Lisa K. Miura ' Deputy Director 6V: County of Hawaii Finance Department 25 Aupuni Street, Suite 2103 • Hilo, Hawaii 96720 (808) 961-8234 + Fax (808)961-8569 July 15, 201.5 TO: Bonnie Nims, Legislative Auditor FROM:Deanna Sako, Director of Finance RE: Response to County of Hawaii's Purchasing Card Program Performance Audit Report No. 2015-01 Thank you for the opportunity to provide our response to the audit recommendations. Recommendation: Fair and Equitable Treatment — We recommend that County Management, including the Department of Finance, comply with County Code Article 15, Section 2-83 and treat all employees and departments in a fair and equitable manner and hold them consistently to the same laws, policies, and procedures. Response: The Department of Finance has started to require that the Mayor's office also follow the policies and procedures currently in place. We will continue to enforce the rules fairly among all departments. Recommendation; Update Policies and Procedures — We recommend the Department of Finance complete an annual comprehensive review and clarify the Purchasing Card Program and Procedures Manual to ensure that it is consistent with state law and other applicable County guidance including but not limited to: • Remove the caveat "unless specifically authorized" on personal purchases and liquor. • Clarify policy on specific types of allowable and unallowable purchases. • Clarify policy on the timeliness of reimbursements. • Provide clear guidance on documenting the legitimate department purpose in the transaction description. Response: While we do periodically review our policies and procedures, we will work on consolidating our guidance to make it easier for the users and clarify where appropriate. Recommendation: Strengthen Monitoring — We recommend the Department of Finance, in addition to their current review procedures, complete a periodic review and/or perform additional monitoring of pCard transactions to ensure expenditures are for a legitimate department purpose and have a clear benefit to the County. Response: While this review is performed periodically, we will continue our efforts in this area. Hawaii County is an Equal Opportunity Employer and Provider Purchasing Card Program :: Management's Comments 119 Recommendation: Provide Training — We recommend the Department of Finance provide on-going training to each department, including pCard Coordinators, cardholders, and supervisors. Response: We currently provide training, but will increase our focus in this area. As noted in the audit report, most departments are very good at following the procedures, Recommendation: Use of Available Technology -- We recommend Department of Finance consider incorporating the First Hawaiian Bank CentreSuite pCard application into the FRESH Invoice database, including uploading and downloading pCard data, to improve monitoring of pCard transactions. Response: We have been in discussions with first Hawaiian Bank to provide a file to be imported into our FRESH systern to help increase efficiency. If you have any questions, please feel free to contact me Purchasing Card Program :: Management's Comments 120 County of Hawaii Department of Liquor Control Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawai'i 967204261 (808) 961-8218 • After Hours (808)932-2939 • Fax (808) 961-8684 E -Mail cohdlc@hawaiicounty.gov June 25, 2015 Bonnie S. Nims, Legislative Auditor County of Hawai'i 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Nims: Gerald A. Takase Director Thank you for the opportunity to provide a written response to the Pcard audit conducted by the Legislative Auditor's Office. Let me provide responses by categories as that may be the most efficient way to deal with them. In each of these cases, my Pcard is registered with the various vendors through their corporate programs, express rental programs, or loyalty programs. When making reservations, the payment defaults to the Pcard. Hawaiian Air Corporate Program — The Hawaiian Air Corporate Program allows the registered business the benefit of ticket discounts, no change fees, free standby, two free bags, as well as mileage points for the office. These amenities are quite handy and saves this office money, especially the discounts, change fees, and standbys. The corporate program was set up with one Pcard as the primary credit card to which all charges are automatically made. In order to stay in good standing, the airlines requires a minimum amount of business per year, which we struggle to make since we are a small office. Therefore, in trying to keep our corporate account active and to try and boost the office mileage totals, I try to book all of my Hawaiian flights through the corporate program. Because of the recent events, I have removed my Pcard from the corporate account and now all transactions will be charged to my personal charge card. Hawaii County is an Equal Opportunity Provider and Employer Purchasing Card Program :: Management's Comments 121 ♦Y7�Yl. William P. Kenci :Mayor Walter KA, Lau Managing Director Of M County of Hawaii Department of Liquor Control Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawai'i 967204261 (808) 961-8218 • After Hours (808)932-2939 • Fax (808) 961-8684 E -Mail cohdlc@hawaiicounty.gov June 25, 2015 Bonnie S. Nims, Legislative Auditor County of Hawai'i 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Nims: Gerald A. Takase Director Thank you for the opportunity to provide a written response to the Pcard audit conducted by the Legislative Auditor's Office. Let me provide responses by categories as that may be the most efficient way to deal with them. In each of these cases, my Pcard is registered with the various vendors through their corporate programs, express rental programs, or loyalty programs. When making reservations, the payment defaults to the Pcard. Hawaiian Air Corporate Program — The Hawaiian Air Corporate Program allows the registered business the benefit of ticket discounts, no change fees, free standby, two free bags, as well as mileage points for the office. These amenities are quite handy and saves this office money, especially the discounts, change fees, and standbys. The corporate program was set up with one Pcard as the primary credit card to which all charges are automatically made. In order to stay in good standing, the airlines requires a minimum amount of business per year, which we struggle to make since we are a small office. Therefore, in trying to keep our corporate account active and to try and boost the office mileage totals, I try to book all of my Hawaiian flights through the corporate program. Because of the recent events, I have removed my Pcard from the corporate account and now all transactions will be charged to my personal charge card. Hawaii County is an Equal Opportunity Provider and Employer Purchasing Card Program :: Management's Comments 121 Bonnie S. Nims, Legislative Auditor Page -2- January 25, 2015 Enterprise Rent-A-Car — The Pcard is listed under my express account, so charges are automatically charged to that card. The partial reimbursements is not that uncommon for rental cards or hotels when we have some business and some private travel mixed (staying over the weekend). Thus reimbursements are made for the personal travel portions. Dollar Rent-A-Car/National Rent-A-Car -- Again, the Pcard is the registered card with both of these rental car agencies, and it becomes the default card to which charges are made. Marriott Hotels -- Again, the Pcard is the registered card and it becomes the default card to which charges are made. In all cases, the personal charges are reimbursed within the billing period of the credit card so no fees or interest are charged to the County. I have tried to charge these accounts to my personal credit cards, rather than the Pcard, to avoid these problems going forward. However, this has created the secondary problem of creating more paper work for our accountant to reimburse my charges on my personal credit cards for office charges. I hope this explanation clarifies these matters. Should you have further questions, please feel free to call. GT:de Sincerely, 4ELDTAKASE 4 Director Purchasing Card Program :: Management's Comments 122 Appendix A: Audit Criteria Hawai"i State Constitution, Article 7, Section 4 requires that public money be used for a public purpose: APPROPRIATIONS FOR PRIVATE PURPOSES PROHIBITED Section 4. No tax shall be levied or appropriation of public money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose. [emphasis added] No grant shall be made in violation of Section 4 of Article I of this constitution. No grant of public money or property shall be made except pursuant to standards provided by law. Hawai"i Revised Statutes (HRS) Section 103D-101 establishes the requirements of ethical public procurement including acting as a "fiduciary and trustee of public moneys" as well as acting only in the public interest: (a) All public employees shall conduct and participate in public procurement in an ethical manner. In conducting and participating in procurement, public employees shall: (1) Act as a fiduciary and trustee of public moneys... (3) Act only in the public interest; (4) Abide by the statutes and administrative rules relating to public procurement... (7) Avoid the intent or appearances of unethical behavior... Hawai"i Administrative Rules Section 3-131-1.02 describes the requirements of ethical procurement: Procurement code of ethics. (a) Public employees shall act in good faith to discharge their duties to ensure the fair and equitable treatment of all persons who deal with government procurement; to foster public confidence in the integrity of the procurement process; and to ensure the appropriate application of purchasing ethics. Any person employed by a governmental body who, when engaging in procurement, shall be bound by this code of ethics, including but not limited to the following: (1) Avoid the intent and appearance of unethical behavior or practices; (2) Diligently follow the procurement laws, rules, and procedures... (6) Ensure that all persons are afforded equal opportunity to compete in a fair and open environment... Purchasing Card Program ::Audit Criteria 123 The Hawai"i County Charter, Article XIV, Section 14-4 describes the code of ethics and conduct of officers and employees: Conduct of Employees. Officers and employees of the county while discharging their duties and dealing with the public shall adhere to the following precepts: (a) All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent... The Hawai"i County Code, as amended states in part: Article 15. Code of Ethics, Section 2-79. Purpose. The purpose of this article are to: (1) Prescribe standards of conduct for the guidance of County officers and employees; (2) Prohibit certain conduct involving County officers and employees; Article 15. Code of Ethics, Section 2-83. Fair treatment (a) Officers and employees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts: (1) All property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. (b) No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others; including but limited to the following: (5) Using County property or personnel for other than a public activity or purpose. Article 16. Travel and Other Expenses, Section 2-98. Adjustments and exceptions. (b) The mayor or council chairman, for their respective branches of government, may disallow any unauthorized, improper, or unreasonable expense. The mayor or council chairman may also authorize expenses in excess of the established limits or may authorize meals with business meetings, awards and recognition events, and entertainment of important persons, or may approve exceptions with good cause to any provision relating to travel and expenses. (c) The mayor may delegate the authority granted under this section to any department or agency head within the executive branch. (d) Meals may also be provided to employees who do not otherwise qualify under this section or under any negotiated employee contract while attending workshops, conferences, or training sessions at the request or direction of the department head and to the benefit of the County. Purchasing Card Program ::Audit Criteria 124 County of Hawai"i Purchasing Card Program and Procedures (October 2013) states in part: DEFINITIONS Documentation: A merchant produced or other document that records the relevant information for items purchased including quantities, description, individual costs, total cost, merchant's name and address, (i.e., sales slips, invoices, merchant receipts, telephone order records, packing slips, confirmation records, Transaction Summaries, etc.). The original sales slips, invoices, and merchant receipts, must be attached to the respective Transaction Summaries. AUTHORIZED PCARD PURCHASES pCard purchases may be made by a department if all of the following apply: • The expenditure is budgeted, is for a legitimate department purpose, and is appropriately authorized; • The expenditure is within the pCard limits; and • Made in accordance with the County's Small Purchase Guidelines contained in the Purchasing Manual... RESTRICTED PURCHASES AND BLOCKED MCCS The following is a list of restricted purchases and Blocked Merchant Category Codes. At the request of the Department to the Purchasing Card Administrator, additional categories of merchants can be selected so that some or all of the Department's pCards will not work at those establishments. Restricted Purchases: 1. Any purchase over the established limit for the pCard. 2. Liquor, unless specifically authorized 3. Cash 4. Good and services for personal use, unless specifically authorized 5. Others as determined by the Purchasing Card Administrator Examples of Blocked Merchant Category Codes: 1. Financial services 2. Fines 3. Dating and Escort Services Exceptions may be granted by the Purchasing Card Administrator on a limited basis upon a showing of sufficient justification. Purchasing Card Program ::Audit Criteria 125 The Cardholder is responsible for: 5. Obtaining purchase Documentation (sales receipt, itemized packing slip, service receipt, confirmation record, etc.) from the merchant for every pCard transaction to support the purchase. If someone other than the Cardholder receives the shipment or service, obtaining the supporting Documentation. 13. Not misusing the pCard. Failure to comply with the Purchasing Card Program and Procedures and the Department's policies and procedures may result in the revocation of pCard privileges. If the pCard is used for unlawful or improper purposes, the employee may also be subject to disciplinary action, up to and including termination, for that misconduct. 14. Not using the pCard, for personal use. 15. If the pCard is inadvertently used for personal purchase (i.e., a wrong card is used at a restaurant and the mistake is not noticed until after departing the restaurant), a full report must be submitted to the Director of Finance explaining the mistake, along with proper reimbursement. County of Hawai"i Purchasing Manual (v.09.02.14) states in part: 5.1.5 Small purchasing procedures require the lowest quote that meets the quote's requirements be selected, unless sufficient justification exists to accept the next lowest quote, and so forth as necessary. Such justification as delivery time, warranty, quality of product, etc. may be considered in the selection, which SHALL be documented in the file as being in the best interest of the County of Hawaii. Exceptions: Air Travel: Departments or agencies are required to obtain, with or without the assistance of a travel agent, three (3) written quotes for the purchase of airfare greater than $1,000.00. The three (3) written quotes must be obtained within a three (3) day period. If an employee takes personal travel before, after or during the official County business trip, the employee must obtain a fourth quote (personal travel) and pay the difference between the lowest official County business trip cost and the personal travel costs. The fourth quote must also be obtained within the three (3) day period when the other quotes were obtained. Copies of the written quotes must be scanned and attached to the Eden invoice for payment. As purchases $2,500.00 or greater requires HCE compliance, the Purchasing Division will maintain a list of compliant travel agents for use. 5.1.6 If the purchase of a good or service is unique, that being not typically within the scope of work / services provided by the department or agency, a Request for Adjustments and Exceptions (RAE) is required to be approved and attached to the Eden requisition or invoice. An example would include food or refreshments for employees / volunteers. RAE forms can be obtained from the Finance Department intranet page, and are to be submitted to the Finance Department Purchasing Card Program ::Audit Criteria 126 Administration for approval. Approved RAE's greater in amount than $1,000.00 shall require written quotes or bids in accordance with established purchasing policies. RAE's approval numbers, not a copy of the form, are to be included on the Eden requisition or invoice for processing. REFERENCE: HRS103D-305, HAR 3-122 Subchapter 8 "Mayor's Policy" on the Purchase of Alcohol (Memorandum No. 99-09 (July 19, 1999)) states in part: This is a reminder that the County of Hawaii does not purchase alcohol for consumption by employees or for functions involving the County. This includes alcohol purchases to accompany meals, and alcohol to be dispensed from "hospitality rooms" at conferences. Besides being an inappropriate use of public funds, there are liability issues involved. The sole exception is when such purchase is necessary for the entertainment of dignitaries by the Mayor, the Chairman of the County Council, or their authorized representative. Any such exception shall have the Mayor's written approval or the approval of the Chairman of the County Council, whichever is appropriate. Procedures Manual: Request for Adjustments and Exceptions (Memorandum No. 04-9 (May 25, 2004)) states in part: Purpose The purpose of the Request for Adjustments and Exceptions form (F-109) is to establish a uniform method of requesting adjustments and exceptions to items described in Section 2-98 of the Hawaii County Code. Use The Request for Adjustments and Exceptions form is used whenever a county department, agency, or office anticipates incurring or has incurred expenditures requiring approval as described in Section 2-98. Ideally, it should be completed and authorized prior to incurring the actual expenditure(s). This form is available electronically and may be obtained from the Director of Finance. Purchasing Card Program ::Audit Criteria 127