Report 2014-107 Recommendation 7 Responses

Report 2014-107: Judicial Branch of California: Because of Questionable Fiscal and Operational Decisions, the Judicial Council and the Administrative Office of the Courts Have Not Maximized the Funds Available for the Courts (Release Date: January 2015)

Recommendation #7 To: Administrative Office of the Courts

To reduce its expenses, the AOC should implement a policy that requires it to conduct a cost-benefit analysis for using temporary workers, contractors, or consultants instead of state employees before employing temporary workers, contractors, or consultants to do the work of AOC employees.

Annual Follow-Up Agency Response From November 2016

In its 60-day response from March 2015, the Judicial Council of California (Judicial Council) indicated that it had revised its policies over temporary workers and contractors. Policy 3.3, section (E) requires a cost-benefit analysis prior to placing a temporary worker on assignment and describes what should be considered in this analysis. This policy also describes the circumstances when the Judicial Council may retain a contractor or consultant instead of hiring a new employee, such as when the work to be performed requires such specialized and technical skills that such skills are not available through the Judicial Council's current job classification and compensation system. The Judicial Council does not believe additional changes to this policy are necessary and considers this recommendation to be fully implemented.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented


1-Year Agency Response

To ensure objectivity, a consultant has been retained to review existing contractor usage and provide recommendations for the Administrative Director's consideration. The report will be provided in the first quarter of 2016.

California State Auditor's Assessment of 1-Year Status: Pending


6-Month Agency Response

To ensure objectivity, a consultant has been retained to review existing contractors. The consultant will conduct a cost-benefit analysis and provide recommendations on how and when it is appropriate for the Judicial Council to utilize contractors. The analysis will be completed by fourth quarter 2015.

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

Judicial Council Personnel Policy 3.3-Job Categories was modified to include a requirement that prior to retaining a temporary worker council staff must conduct both a cost-benefit and critical-need analysis. "Temporary worker" includes temporary agency workers and independent contractors. The policy includes an annual reporting mechanism to the Judicial Council. Guidelines for conducting the cost benefit analysis are being developed and will be applied retroactively to existing temporary agency and independent contractors. (Policy 4.2 is submitted as supporting documentation.) We anticipate that this recommendation will be fully implemented in the third quarter of 2015.

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2014-107

Agency responses received are posted verbatim.