Audit of the Office of the State Treasurer and Receiver General
February 28, 2022 · Office of the State Treasurer and Receiver General · Read the full official report on mass.gov ↗
source
“OST did not monitor the required transmittal of civil process fees by sheriffs’ departments.”
Read the plain-English breakdown
This is a performance audit of the Massachusetts Office of the State Treasurer and Receiver General covering January 1, 2019 through December 31, 2020.
“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, January 1, 2019 through December 31, 2020.”
Auditors checked whether the Treasurer’s office properly handled approved bank lists, agency bank accounts, required reports, and sheriff civil process fee payments.
“The purpose of our audit was to determine whether OST maintained and updated a list of qualified banks; published and transmitted the list to the Office of the Governor at least every six months as required by Section 34(a) of Chapter 29 of the General Laws; and ensured that state agencies used qualified banks when maintaining bank accounts established under Section 34(a) of Chapter 29 of the General Laws.”
If required money is not sent in and tracked, it may not reach the state’s General Fund for public programs and services.
“If civil process fees due the Commonwealth’s General Fund are not consistently transmitted by all sheriffs’ departments to OST for deposit, the fees are not available to be spent on approved state programs or services in accordance with the budget approved by the Legislature.”
This matters to residents because the Treasurer’s office handles public money, including deposits, investments, and state funds.
“The Office of the State Treasurer and Receiver General (OST) is responsible for a variety of important financial functions, as established by Chapter 10 of the Massachusetts General Laws, including receiving, managing, and investing all funds paid to the Commonwealth.”
The Treasurer’s office agreed with two findings, disagreed with the sheriff-fee monitoring finding, and the Auditor stood by that recommendation.
“Therefore, we stand by our recommendation that OST develop and implement policies and procedures to monitor the transmittal of civil process fees by sheriffs’ departments to OST for deposit.”
The Auditor recommended new or improved procedures: monitor sheriff fee transfers, publish the qualified-bank list on schedule, and add controls to catch errors in the bank-account list.
“OST should develop and implement policies and procedures to monitor the transmittal of civil process fees by sheriffs’ departments to OST for deposit.”
The biggest practical risk is that weak tracking could leave public funds in the wrong place, delayed, or held by a bank that should not be used by the state.
“However, if a bank doing business with the Commonwealth loses its qualified status and an accurate list of Commonwealth bank accounts is not available, there is a risk that a state agency could unwittingly do business with an unqualified bank, putting Commonwealth funds at risk of loss.”
A “qualified bank” means a bank approved for state use; the audit says the Treasurer must keep and send out that list regularly.
“To ensure that only qualified banks are used by state officers, departments, institutions, and other agencies, OST’s Cash Management Department generates and maintains a list of qualified banks that are approved for use.”
3 figure(s) pending source verification - not shown
What the Auditor checked
- Did not comply Does OST ensure that state agencies use qualified, approved banks when maintaining bank accounts established under Section 34(a) of Chapter 29 of the General Laws?
- Complied Does OST submit a semiannual report in accordance with Section 10B of Chapter 10 of the General Laws?
- Complied Does OST maintain and update a list of qualified banks in accordance with its “Bank Account Maintenance Policy”?
- Did not comply Does OST publish and transmit the list of qualified banks to the Office of the Governor at least every six months as required by Section 34(a) of Chapter 29 of the General Laws?
- Did not comply Does OST, consistently with its mission, have procedures in place to monitor whether all civil process fees that are received by sheriffs’ departments pursuant to Section 8 of Chapter 262 of the General Laws, and are required to be transmitted to OST for deposit in the General Fund, are transmitted to OST?
What the Auditor found
Why it matters: Civil process fees owed to the General Fund may not be available for state programs and services approved in the budget.
Standard: OST’s mission to prudently manage and safeguard state public deposits, and civil process fee requirements under Section 8 of Chapter 262 of the General Laws. ( Section 8 of Chapter 262 of the General Laws; Section 12 of Chapter 200A of the Massachusetts General Laws )
1 recommendation
- OST should develop and implement policies and procedures to monitor the transmittal of civil process fees by sheriffs’ departments to OST for deposit.agency: disagreed
Agency response & Auditor reply
Agency: "For this reason, the OST disagrees with this finding."
Auditor: "Therefore, we stand by our recommendation that OST develop and implement policies and procedures to monitor the transmittal of civil process fees by sheriffs’ departments to OST for deposit."
Why it matters: If a bank loses qualified status, inaccurate account records could allow a state agency to keep doing business with an unqualified bank, putting Commonwealth funds at risk.
Standard: OST’s Bank Account Maintenance Policy requires the Cash Management Department to maintain lists of approved banks and banks holding Commonwealth agency deposits.
1 recommendation
- OST should implement internal controls to detect any errors on the TIN list.agency: agreed
Agency response & Auditor reply
Agency: "The OST agrees that the TIN list needs to be more accurate."
Auditor: "Based on its response, OST is taking measures to address our concerns on this matter."
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