Report 2016-301 Recommendation 13 Responses
Report 2016-301: Judicial Branch Procurement: The Five Superior Courts We Reviewed Mostly Adhered to Required and Recommended Practices, but Some Improvements Are Needed (Release Date: November 2016)
Recommendation #13 To: Superior Court of California, County of San Mateo
To ensure that it properly authorizes payments and purchases only allowable items, the San Mateo court should process payments in accordance with the requirements and recommended practices of the Judicial Council and the State. Specifically, the San Mateo court should amend its bottled water service contract to ensure that water is purchased for use by jurors and court room staff only.
Annual Follow-Up Agency Response From October 2023
Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees. However, court is planning to install water filters.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
Annual Follow-Up Agency Response From October 2022
Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
Annual Follow-Up Agency Response From September 2021
Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
Annual Follow-Up Agency Response From November 2019
Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
1-Year Agency Response
The court does not plan on amending its bottled water service contract to ensure that water is purchased for use by jurors and courtroom staff only, because the Court believes it is infeasible to restrict water consumption through the vendor agreement, as that is something that would be monitored/controlled internally. During the course of the audit, court staff discussed with the auditors any reasons that would justify the provision of bottled water. The Court understands that bottled water cannot be provided unless there is a compelling reason, like no access to drinkable water, or public health concerns about the on-site water supply, or a contractual requirement in a labor MOU. Since May 31, 2017, pursuant to agreements with SEIU Local 521 and AFSCME Local 829 resulting from a wage reopener and pending SEIU grievance negotiation, the Court has been required to provide bottled water in current commonly accessible work areas for court employees. The agreement language will be sent via email to johnb@auditor.ca.gov.
- Completion Date: May 2017
- Response Date: November 2017
California State Auditor's Assessment of 1-Year Status: Will Not Implement
The San Mateo court's response indicates that it will not implement our recommendation. The court put itself in an awkward position by agreeing to continue to provide water to its employees in its employee bargaining unit agreements. However, as the court states, state policy is clear that there are limited circumstances in which the court can supply water to its employees and the court acknowledges that those circumstances were not a consideration in its decision. Therefore, we stand by our recommendation.
- Auditee did not substantiate its claim of full implementation
6-Month Agency Response
San Mateo Court is still discussing how best to address this audit issue
- Estimated Completion Date: November 2017
- Response Date: May 2017
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
The court is still in the process of determining how to best address this audit finding .
- Estimated Completion Date: November 2017
- Response Date: January 2017
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2016-301
Agency responses received are posted verbatim.