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HomeMy WebLinkAboutEvidence room Deschutes Count y, SHERIFF’S OFFICE - EVIDENCE ROOM - Evaluation of Internal Controls Over Cash and Other Assets Presented to the Deschutes County Audit Committee by the Internal Audit Program David Givans, CPA – County Internal Auditor Report# 2003-4 Dated March 31, 2003 (Issued June 10, 2003) Deschutes Count y, Oregon Report #2003-4 (Dated March 31, 2003) SHERIFF’S OFFICE - EVIDENCE ROOM Evaluation of Internal Controls Over Cash and Other Assets TABLE OF CONTENTS: EXECUTIVE SUMMARY …………………………………………………………………1-2 INTRODUCTION & BACKGROUND …………………………………………………….2-3 OBJECTIVES, SCOPE, AND METHODS ……………………………………………...…3-4 AUDIT RESULTS …………………………………………………………………………5-11 RESPONSE FROM MANAGEMENT ……………………………………………………...12 Report#2003-4 (Dated March 31, 203) Page 1 EXECUTIVE SUMMARY Purpose As requested by Count y management and Sheriff (and as approved by Deschutes County’s Audit Co mmittee), an evaluat ion was conducted of the internal controls for cash, checking and other assets at the Sheriff’s Office. This report covers the evidence room and reflects a review of internal controls over evidence that included cash, firearms, and controlled substances. The purpose of the noted findings is to assist management and staff in improving its internal control system. Results in brief The evaluation indicated a positive control environment. Staff were very acco mmodating and have already implemented some suggested changes. Observations indicated evidence room staff are very control conscious and take their duties very seriously. These findings are provided to assist management in improving its systems of internal control. Audit findings result from incidents of non-co mpliance with stated procedures and/or departures from prudent operation. The findings are, by nature, subject ive. The observation did not review a sufficient number of items to project the findings over the ent ire populat ion. The fo llowing findings are presented for management’s considerat ion. The findings and an excerpt of the associated recommendation for the evidence room include: · Tamperproof evidence bags are coming unsealed (limited incidents noted) Evidence room staff should properly re-seal any unsealed bags. · Remote storage evidence is logged-in wit hout inspection by evidence room staff Evidence room staff should check-in items at remote storage and offsite locations to make sure items are secured properly, properly identified and packaged, and are as described by the officer. · Hazardous chemicals should not be temporarily stored in remote storage facilit y Hazardous chemicals should be immediately moved to an appropriate hazardous materials storage facility. · Bio-hazardous materials are not properly safeguarded Personal items should not be kept in the bio-hazard refrigerators. The refrigerators should be alarmed for changes in temperature and monitored 24/7. · Cash evidence received is not deposited into bank Management should consider holding cash in a bank account for safekeeping and to earn interest. · Older “property in custody” reports are not maintained in a central location. All original “property in custody” reports should be consolidated. · An outside lab responsible for processing evidence has not signed a confidentialit y agreement (limited incidents noted) Management should consider utilizing confidentiality agreements with outside labs providing service to their department. Report#2003-4 (Dated March 31, 203) Page 2 · Firearms are not always kept in the vault for extra securit y Firearms should be held in the vault at all times. · Evidence returned by courts is not properly prepared for receipt by evidence room staff (limited incidents noted) Evidence placed in the evidence room should be properly prepared. · Some evidence is not being properly prepared (limited incidents noted) Officers should receive formal training, on an annual basis, on the proper handling and preparation of evidence submitted to the evidence room. · Audio tapes, computer disks, and co mputer hardware are not sufficient ly safeguarded Additional procedures are required for safeguarding technological items. · Transfer of cash occurs without sufficient monitoring (limited incidents noted) The transfer of cash should occur after written authorization from an appropriate supervisor. · Location of evidence is not updated (limited incidents noted) Evidence room staff should update location information for evidence as it is moved. · Evidence room vault lacks addit ional safeguards Management should consider implementing additional controls over vault access. Response from management Management concurs with the observed findings and associated recommendations. Their responses included so me clarificat ion and discussion on implementation. INTRODUCTION Audit Authorit y: The audit of the evidence room at the Sheriff’s Office was conducted pursuant to the direct ion of County management and the Sheriff. Deschutes County Audit Co mmittee authorized the audit by the by its approval o f the County’s internal audit workplan for fiscal year 2002/2003. Introduction: This audit was init iated in response to the County’s desire to review the internal controls over its cash handling. The Sheriff’s Office is the first department scheduled for this type of audit. The reports for the Sheriff’s Office are expected to be the first in a series of reports covering County depart ments and their handling of cash. This report also includes Sheriff’s Office management responses to these recommendations. County government is responsible for using public assets and public funds in a prudent and responsible manner. County managers in turn are responsible for developing and maintaining procedures to protect public assets and promote efficient and effect ive services. These procedures and the environment promoted by management are called internal controls. Management is ult imately responsible for implement ing appropriate internal control systems. Report#2003-4 (Dated March 31, 203) Page 3 An effect ive system o f internal controls: · Safeguards assets fro m waste, fraud and inefficient use · Promotes accuracy and reliabilit y in the account ing records · Encourages and measures co mpliance wit h established practices · Evaluates the efficiency of operations Effect ive internal controls minimize the potential for errors and/or irregularit ies to occur. If they do occur, effect ive internal controls detect such errors and/or irregularit ies in a t imely manner during the normal course of business. For cash processes, effect ive internal controls include: 1. Segregation of cash handling from record keeping duties. 2. Centralizat ion of cash receiving and account ing for all receipt of cash and checks by utilizing pre-numbered invo ices. 3. Depositing cash on a timely basis. 4. Recording expenditures, in a timely manner, supported by original receipts and the proper approval authorit y. 5. Preparation of monthly bank reconciliat ion by an emplo yee not responsible for issuing checks or having custody of cash. Review of such bank reconciliat ion by an appropriate supervisor. 6. Document ing internal control procedures and conducting rando m reviews of deposit, reconciliat ions, and other documentation to determine procedures are being fo llowed. 7. Reviewing revenues and expenditures to budget and/or expectation for reasonableness. 8. Promoting an attitude and environment that perpetuates effect ive internal controls. Honest emplo yees deserve to work in an organizat ion that implements an effect ive internal control system. Effective controls can prove innocence in the event errors and/or irregularit ies do occur. OBJECTIVES, SCOPE and METHODS Audit objectives: The object ives of the audit were: 1. To evaluate the Sheriff’s Office internal controls and procedures for cash, checking accounts and other assets. 2. To evaluate compliance wit h Federal or State regulations and requirements. If exist ing procedures were not documented in writing, the interview process ident ified the procedures and practices. Audit procedures addressed key internal control issues. Opportunit ies for increased efficiency were identified. Suggestions for improving internal control included procedures and improvements to deal wit h remote storage evidence. Report#2003-4 (Dated March 31, 203) Page 4 Scope: This report focuses on the evidence room operations. Procedures for handling evidence were reviewed. Theft prone items such as cash, firearms and controlled substances were given addit ional attention. Procedures focused on evaluating the internal control system as a who le and not with specific compliance. Procedures for disposal o f evidence were not reviewed. Petty cash funds were not reviewed since exist ing County po lices should be sufficient and no problems have been noted. Methods: The audit involved gaining an understanding o f the control environment as described by management and staff during interviews. Relevant evidence was obtained through observat ion and interviews. This evaluat ion is, by nature, subjective. Effect ive internal control provides reasonable assurance of achieving the fo llowing object ives: 1. Effect iveness and efficiency of operations. 2. Reliabilit y of reporting information 3. Compliance with applicable laws and regulat ions. Audit procedures included: · Interviews with appropriate personnel · Walk-throughs with actual transact ions to see how these systems were being performed · Review of similar audit reports performed by other jurisdict ions · Review of industry standards where applicable · Participation in internal inspect ion of evidence room Internal control consists of five interrelated components: · Control environment · Risk assessment · Control activit ies · Informat ion and co mmunicat ion, and · Monitoring The audit was conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States. In accordance with Oregon Revised Statute - Chapter 192.501(22) & (23), certain privileged and/or confident ial information has not been presented in this report. This informat ion has been shared with management. This informat ion, by the nature of its content, could disclose vulnerabilit ies and/or reveal securit y measures at public facilit ies. Report#2003-4 (Dated March 31, 203) Page 5 AUDIT RESULTS Emplo yees of the Sheriff’s Office take their duties seriously. The high securit y invo lved in the Sheriff’s facilit ies (especially evidence) results in a high level of safeguarding of assets. Management and staff appear diligent in their efforts to develop an environment supporting internal controls. Evidence room staff were open and professio nal and had a positive attitude towards making improvements in the control system. These findings are intended to assist management in evaluat ing its systems of internal control. These reco mmendat ions and findings do not replace efforts to design an effective system of internal control. The audit, by its nature, cannot discover all possible weaknesses. As such, management should be vigilant for other improvements that can be made. Audit findings result from incidents of non-co mpliance with stated procedures and/or departures from prudent operation. The findings are, by nature, subject ive. The purpose of these findings is to ident ify procedural recommendations. The observation did not review a sufficient number of items to project the findings over the ent ire populat ion. BACKGROUND FOR EVIDENCE The evidence room was audited because o f theft prone items such as cash, firearms and controlled substances stored there. The audit focused on the controls that assure the safeguarding of evidence. The evidence room is responsible for more than 13,000 items. Evidence room staff maintain a property management system that ensures accuracy and completeness of records. The chain of custody for evidence is strictly maintained fro m receipt to disposal. This is crit ical for the successful conviction o f criminals. Audit procedures included developing an understanding of evidence room procedures, determining whether procedures are being fo llowed, locating evidence, and establishing that evidence is properly safeguarded. Currently, there are two dedicated staff wit h so le access to the evidence room. Immediate supervisio n comes from the Detective Captain. In addit ion to the planned audit procedures, an inspection was carried out with the Detective Captain. The internal inspection included an expanded testing of specific items to determine whether evidence was properly prepared and received, properly secured and init ialed, and located as indicated. Since the inspection was made joint ly, the Detective Captain has already internally reported many of the findings included herein. Report#2003-4 (Dated March 31, 203) Page 6 The fo llowing findings are presented for management’s considerat ion. FINDINGS Tamperproof evidence bags are coming unsealed Some tamperproof evidence bags had co me ent irely unsealed or were coming unsealed. Some of these bags contained controlled substance evidence. It was presumed, by the presence of init ials, that these bags had originally been sealed. The use of tamperproof evidence bags is one of the primary methods for securing and safeguarding evidence. Properly ut ilized they can indicate if tampering has occurred, safely secure items, and assure that the chain o f custody has been maintained. The loss of the seal could indicate evidence tampering or loss of evidence. Addit ionally, an open bag could expose the staff and facilit y to potent ially harmful substances. It appears that some of the purchased tamperproof bags do not have the longevit y required for some of these cases. The occurrence of unsealed bags was limited to certain time periods perhaps indicat ing a bad batch of bags or the effects of aging. Evidence room staff should properly re-seal any unsealed bags. This should be done by the two technicians immediately. The seal for these bags should be init ialed by both technicians. Staff should consider testing tamperproof bags prior to use to make sure they are durable. Officers may want to consider permanent ly heat-sealing evidence bags. Remote storage evidence is logged-in without inspection by evidence room staff Officers prepare evidence reports, which include it ems to be stored in the evidence room and remote storage. Evidence room staff accept the reports without observing the items of evidence to be located in remote storage. Evidence room staff should only take custody of it ems, which can be checked against an evidence sheet. They have a responsibilit y to confirm the evidence is properly prepared for custody and can be appropriately safeguarded in remote storage. Receiving evidence without observat ion is not appropriate. Staff take responsibilit y for all evidence under their care. Due to the distance between the evidence room and remote storage, evidence room staff cannot immediately check the items of evidence dropped off at remote storage. Staff are placing undue trust in the officers submitt ing the evidence. Evidence room staff should check-in items at remote storage and offsite locations to make sure items are secured properly, properly identified and packaged, and are as described by the officer. Officers should prepare separate “property in custody” reports for items placed in remote storage areas. An addit io nal data terminal is needed by staff to accept and monitor remote storage evidence. The remote storage facilit y could also use addit ional shelves and hooks for bikes to keep the area organized. Report#2003-4 (Dated March 31, 203) Page 7 Hazardous chemicals should not be temporarily stored in remote storage facility Officers temporarily placed so me chemical evidence in the receiving area for remote evidence storage. A separate hazardous material storage facilit y is available for chemical evidence. Temporary storage of these chemicals wit hout appropriate safeguards could place the facilit y and/or evidence at risk. Hazardous chemicals should be immediately moved to an appropriate hazardous materials storage facilit y. Bio-hazardous materials are not properly safeguarded The evidence room utilizes several refrigerators to ho ld frozen and refrigerated bio-hazardous evidence. Staff use the refrigerators to hold personal food items. These refrigerators are not alarmed for a decrease in temperature. Bio-hazard evidence should be properly refrigerated and monitored. It is unacceptable to expose evidence in the refrigerators to possible equipment malfunct ion or to issues from storing personal items there. Evidence room staff have kept their personal items in the refrigerators as a matter of convenience. Personal items should not be kept in the bio-hazard refrigerators. The refrigerators should be alarmed for changes in temperature and monitored 24/7. Cash evidence received is not deposited into bank Cash evidence is handled like other evidence and is not removed fro m its sealed evidence bag. The Department of the Treasury’s - Guidelines for Seized and Forfeited Property (July 2001) indicates cash not needed for evident iary purposes should be prompt ly deposited into an interest-bearing account to properly safeguard these monies. All cash should be counted by two officers. Evidence of counting should be evident by inspect ion of the tamperproof evidence bag. Holding cash can increase the potential for theft and improprieties. The Sheriff’s Office might also bear a financial risk for interest not earned on held cash. Management should consider ho lding cash in a bank account for safekeeping and to earn interest. Management should work with the District Attorney to authorize deposit of monies when not considered necessary for evident iary purposes. Report#2003-4 (Dated March 31, 203) Page 8 It is reco mmended there be addit ional controls over cash received and released. Evidence room staff should make sure reports from their system are available to monitor the status of all mo nies in evidence as well as all mo nies recent ly deposited or released (by t ype). If possible, the composit ion of evidence monies should be indicated before it is sealed in the evidence envelope. Cash evidence should be released only wit h appropriate written authorizat ion. Appropriate written releases would include subpoenas, court documents and/or supervisor approvals. Evidence room staff should notify Count y Finance when money, in excess of a thresho ld, is released and is expected to be deposited (most forfeitures). These cash handling procedures should be documented. Older “property in custody” reports are not maintained in a central location. The inspect ion of older items of evidence (pre 1999) indicated the original “property in custody” reports were located with the item of evidence and not chronologically in the main filing system. The information for all items o f evidence is accessible in the co mputer system. “Property in custody” reports are the original chain of custody documents and include all relevant informat ion received fro m the officer and used to hold the evidence. This original documentation is kept chronologically in the main filing system. This documentation contains original signatures and init ials. A copy of the property in custody form is usually kept with the item o f evidence. When the co mputer systems are down, the property in custody reports are a secondary resource to locate evidence. Without the reports, it would be difficult to locate specific items. All original “property in custody” reports should be consolidated in the main filing system. Management may want to implement this recommendat ion over time and consider having staff make changes as they are do ing other evidence room work. An outside lab responsible for processing evidence has not signed a confidentiality agreement The Sheriff’s Office does not have confident ialit y agreements with outside labs (non-law enforcement). A confidentialit y agreement can help ident ify procedures for handling evidence and restrict the use of the underlying informat ion. A confidentialit y agreement restricts the sharing of informat ion. It also reduces the likelihood of any leaks of confident ial informat ion to the media or outside parties. Confident ialit y agreements have not been used due to the good working relat ionship between the Sheriff’s Office and non-law enforcement labs. No problems have been noted. Management should consider utilizing confident ialit y agreements with outside labs providing service to their department. Report#2003-4 (Dated March 31, 203) Page 9 Firearms are not always kept in the vault for extra security Evidence room staff mo ve so me firearms out of the vault in anticipat ion of release. In addit ion, firearms are so met imes held in the remote storage area. Firearms are typically safeguarded in a vault for extra protection. Having firearms outside the securit y o f the vault could make them harder to locate and less safe. Firearms pulled fro m the vault were expected to be picked up in the near future. The firearms ident ified in remote storage represented a sizable collection o f firearms taken on a specific case. The space in the vault room is insufficient to reasonably ho ld this amount of evidence. Firearms should be held in the vault at all t imes. If items are likely to be released soon, they could be ident ified with a flag or special co lored tag. Staff should develop a plan to make more efficient use of their vault space through better shelving and consider addit ional space. Remote storage securit y should probably be increased if it continues to be used for holding firearms. Evidence returned by courts is not properly prepared for receipt by evidence room staff Items of evidence received back fro m the courts were not prepared up to the required evidence room standards. Evidence room staff do not routinely mo nitor or fo llow-up on evidence taken to the courts or District Attorney’s Office. All evidence placed in the evidence room needs to be sufficient ly sealed in order to maintain the chain o f custody. The evidence room staff should continue to track all items o f evidence unt il they are released, destroyed or sold. When items of evidence are received back from the courts, District Attorney’s Office or lab in a state not equivalent to the way it was originally received, it can raise quest ions as to chain of custody and/or completeness of the evidence. Evidence room staff have litt le control over how the evidence is returned to them. It may not be feasible to enforce evidence room procedures on non-Count y emplo yees. Regardless of source, returned evidence placed in the evidence room should be properly prepared. If the evidence has been opened, the District Attorney’s Office and/or the court staff should re-package the evidence in sealed bags for return. Officers transporting goods to and fro m the District Attorney, a court or lab should receive an appropriate itemized receipt and make sure the returned evidence co mplies with procedures. Evidence receipts should be given to evidence room staff. Evidence room staff should mo nitor evidence in custody of the courts, District Attorney’s Office, or outside labs for potential fo llow-up. The District Attorney’s Office and courts should have an assigned person who takes custody of evidence and makes sure it is appropriately safeguarded. Report#2003-4 (Dated March 31, 203) Page 10 Some evidence is not being properly prepared Improperly prepared items of evidence were observed. These are commo nly held for officer fo llo w-up. A few situat ions were noted in which the evidence was not properly sealed, lacked sufficient init ials or dating, or was located in mult iple evidence bags. Comprehensive written policies and procedures for evidence room procedures and evidence preparation can assist in training officers and replacement emplo yees. Lack of sufficient written procedures can lead to inappropriate and inconsistent treatment of evidence. This potentially places the chain o f custody, the securit y of the evidence, and evidence room staff at risk. Management has drafted evidence room procedures. At the time of the observation, the procedures were not yet in place. Officers should receive formal training, on an annual basis, on the proper handling and preparation of evidence submitted to the evidence room. Evidence room staff should provide their expectations for prepared evidence. Written procedures for evidence and the evidence room should be periodically reviewed. Audio tapes, computer disks, and computer hardware are not sufficiently safeguarded. During the inspect ion, audio tapes, computer disks and computer hardware were being held “as is” without sufficient tamper proofing. Evidence received should be sufficient ly safeguarded to eliminate tampering. Addit io nal measures are needed for techno logical items. The lack o f appropriate safeguard measures for techno logy places risk the securit y of those items of evidence at risk. Addit io nal procedures are required for safeguarding techno logical items. Audio tapes and computer disks have locking tabs so they cannot be recorded over. In addition, they can be placed into sealed envelopes. Computer hardware can be safeguarded by securing access panels and power ports with evidence tape. As techno logical items are received, evidence room staff may need to revisit the adequacy o f procedures to properly safeguard each item fro m theft, mishandling, or tampering. Transfer of cash occurs without sufficient monitoring Evidence room staff indicates that found monies are turned over to records staff for deposit. These transfers do not appear to be monitored. Cash require a high level o f securit y and supervision. All mo nies should be tracked and appropriate authorit y received for their release or transfer. Wit hout appropriate controls and oversight, cash could be misappropriated. Report#2003-4 (Dated March 31, 203) Page 11 Evidence room staff do not have written accounting procedures for the transfer of cash. They have recent ly been adding case numbers to found items to track these within their system. The transfer of cash should occur after written authorizat ion from an appropriate supervisor. There should be so me monitoring process for tracking these monies through deposit with County Finance. Location of evidence is not properly updated Several items were observed wit h incorrect location codes either on the computer system or on the “property in custody” sheet. In one case, an item had been so ld at auction. It is important each item making up evidence for a case is locatable by the information in the computer or in the paperwork. This informat ion should be updated through ultimate disposit ion. Wit hout proper location informat ion, items of evidence can be very difficult to find. Items of evidence items co me in packages large and small and so me are commingled in larger bins. The location problems observed were mostly typographical errors. However, some were due to a reorganizat ion of evidence within the evidence room. Evidence room staff should update location information for evidence as it is mo ved. These entries should be made to the computer system and to the property in custody sheet as soon as possible. Staff might want to consider using a “move receipt” they can use to update records. Records should be updated to include all sale and disposit ion informat ion. Evidence room vault lacks additional safeguards Evidence room staff have unrestricted access to the vault. It is impossible to know who has been in the vault and for what reason. In review of property room standards (as promulgated by the International Association for Property & Evidence), addit ional securit y measures were ident ified. A separate vault area is only more effect ive if it has a higher level of securit y that the rest of the facilit y. Lack of sufficient controls over vault items could lead to their theft or compromise. Management should consider implement ing addit ional controls over vault access. Addit ional controls might include motion act ivated surveillance camera, separate motion detector alarm, separate access log with stated reason for entry, having two staff present at all t imes, and/or PIN access tracking. Report#2003-4 (Dated March 31, 203) Page 12 RESPONSE FROM MANAGEMENT See comments provided at end of report provided by the Sheriff’s Office Report#2003-4 (Dated March 31, 203) Page 1