Report 2013-302/2013-303 Recommendation 4 Responses

Report 2013-302/2013-303: Judicial Branch Procurement: Semiannual Reports to the Legislature Are of Limited Usefulness, Information Systems Have Weak Controls, and Certain Improvements in Procurement Practices Are Needed (Release Date: December 2013)

Recommendation #4 To: Administrative Office of the Courts

To improve the usefulness of the Judicial Council's semiannual reports until a statutory requirement is enacted, the AOC should work with the Judicial Council to pursue a cost-effective method to do the following:

- Begin tracking additional information in its data systems for inclusion in the semiannual reports. This information should include whether a contract was competitively bid, the justification if it was not competitively bid, and whether the contract was with a Disabled Veteran Business Enterprise. For information technology contracts, the AOC should identify whether the contract was with a small business. The AOC should present this information beginning with the semiannual report covering the July 1, 2014, through December 31, 2014, reporting period.

1-Year Agency Response

The implementation of the changes including additional data elements was predicated on the proposed legislation becoming statute and funding being provided. The legislation was suspended and no funding has been provided. Without additional funding, the costs involved in the implementation are significant when budget cuts have resulted in other priorities for the funding we have.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

We maintain that the AOC should improve the usefulness of the Judicial Council's semiannual reports by tracking additional information in its data systems for inclusion in the semiannual reports, such as whether a contract was competitively bid, the justification if it was not competitively bid, and whether the contract was with a Disabled Veteran Business Enterprise.


6-Month Agency Response

The implementation of the changes including additional data elements was predicated on the proposed legislation becoming statute and funding being provided. The legislation was suspended and no funding has been provided. Without additional funding, the costs involved in the implementation are significant when budget cuts have resulted in other priorities for the funding we have.

California State Auditor's Assessment of 6-Month Status: No Action Taken


60-Day Agency Response

Much of the information relating to whether a contract was competitively bid or whether the contract was awarded to a Disabled Veteran Business Enterprise (or a small business for information technology contracts) resides in physical files maintained by individual judicial branch entities files that are not accessible electronically without modifications to systems and processes and procurement of software licenses estimated to be in excess of $1 million dollars, not counting the cost of additional time required of staff at each judicial entity to cull and upload the information from paper files.

The AOC can attempt to pursue a cost-effective method to provide in the semiannual report the additional information recommended by the Auditor. However, in light of the significant ongoing budget reductions to judicial entities, and specifically to trial courts, that have negatively impacted the public services they provide, whether this recommendation can be fulfilled in the timeframe requested (July 1 December 31, 2014 reporting period) without further impairment of the publics access to justice is unclear, unless additional funding is provided.

California State Auditor's Assessment of 60-Day Status: No Action Taken


All Recommendations in 2013-302/2013-303

Agency responses received are posted verbatim.