Accountability Gaps Limit State Oversight of $694 Million in Grants to Non-Profit Organizations

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Accountability Gaps Limit State Oversight of $694 Million in Grants to Non-Profit Organizations A presentation to the Joint Legislative Program Evaluation Oversight Committee November 9, 2009 Carol H. Ripple, PhD

Evaluation Team Carol H. Ripple, Evaluation Lead E. Kiernan McGorty, Senior Program Evaluator Pamela L. Taylor, Program Evaluation Statistician David Orsbon, Program Evaluation Intern Carmen Brooks, Program Evaluation Intern Acknowledgements Office of the State Auditor Office of State Budget and Management Department of Health and Human Services 1

Overview Does current oversight provide assurance that public resources granted to nonprofits are spent in the way intended by the state? Policy review of oversight of state grants to non-profit organizations $694 million in Fiscal Year 2007-08 2

Overview Despite recent improvements in technology and tracking, 1. Reporting requirements do not ensure accountability 2. Inconsistent agency oversight compromises accountability 3. Best practices, including performancebased contracts, can improve oversight 3

Four recommendations: Overview 1. Require performance-based contracting, monitoring plans, and improved reporting 2. Emphasize competitive grant awards 3. Increase enforcement of reporting requirements 4. Authorize agencies to withhold up to 2% of grant awards to fund oversight 4

Background

Evaluation Purpose Does current oversight provide assurance that public resources granted to non-profits are spent in the manner intended by the state? Report p 2 6

Background: Data Sources NC Grants Information Center database Survey of 112 grantor agency program monitors Interviews Grantor Agency Staff Office of State Budget and Management Office of the State Auditor Ad hoc Grants Oversight Committee Members 7

Background: Definition A state grant is an agreement between the state and a private, non-profit entity to carry out a program or provide services State grant funds include federal funds granted through state agencies Not included: Contracts (Division of Purchase and Contract) Payments made by medical plans Report pp 2-3 8

Background: State Grants to Non-Profits Local Government Units, $14.1 billion (88%) UNC System, $1.2 billion (8%) Private Non- Profits, $694 million (4%) Other Private Organizations, $3.3 million (.02%) Total FY 07-08 =$15.9 billion Report p 3, Exhibit 1 9

Background: Oversight Guidelines for Grants to Non-Profits State guidelines N.C. General Statute 143C-6-23(d) NC Administrative Code Title 9, Subchapter 03M Federal guidelines apply only to funds from federal sources Federal Office of Management and Budget Circulars A-133 and A-122 Report pp 3-5 10

Background: Top Five Non-Profit Grantees, Fiscal Year 2007-08 08 Grantee NC Coastal Land Trust NC Biotechnology Ctr. Wake Forest University Child Care Services Assn. Rural Economic Development Ctr. $0 $50 $100 $150 Millions (FY 07-08) Total $219.1 million (32% of grants to non-profits) Report p 13 11

Can We Say More Than All is Well? 12

Findings

Focus of Central Findings 1. Reporting requirements set in administrative rules 2. Agency oversight 3. Best practices, including performance-based contracts 14

Finding 1. State Reporting Requirements Do Not Ensure Accountability

State Reporting Requirements All grantees required to: Certify funds were used for intended purpose Submit description of activities and accomplishments $500,000 threshold brings differences in reporting Report p 13 16

State Reporting Requirements $500,000 or less Award-level reporting required No audit required Over $500,000 No grant-level reporting required Audit required Report pp 8-9 17

State Reporting Requirements and Distribution of Non-Profit Grant Funds Most (93%) of non-profit grantees received a total of $500,000 or less in state funds Award-level financial reporting required No audit required But most (79%) of grant funds were awarded to non-profits that received over $500,000 No grant-level financial reporting required Audit required Report pp 8-9 18

Distribution of Non-Profit Grant Funds Number of Grantees (2,758) 1,236 grantees, 45% 185 grantees, 7% Grant Funds ($694 million) $11 million, 2% 1,337 grantees, 48% $548.8 million, 79% Less than $25,000 $25,000 - $500,000 More than $500,000 $134.1 million, 19% Report p 9 19

State Reporting Requirements Do Not Ensure Accountability Reporting forms capture financial information But do not adequately capture program performance Cannot answer: To what end? Reporting deadlines imperil timely reporting Time lag of up to 21 months is possible Enforcement of reporting requirements is inconsistent across agencies Report pp 10-12 20

Finding 2. Inconsistent Agency Oversight Compromises Accountability

Inconsistent Agency Oversight Quality of oversight varies across agencies Some flexibility in agency practices is needed, but too much imperils accountability The North Carolina Department of Health and Human Services requires staff to develop monitoring plans Report pp 12-14 22

Finding 3. Adopting Best Practices Can Improve Oversight

Features of Best Practices Monitoring plans Competitive awards Payment by reimbursement Performance-based grant contracts Report pp 15-19 24

Adopting Best Practices Can Improve Oversight Performance-based contracting Performance benchmarks stated in contracts Reporting and monitoring in terms of benchmarks Adopted by the NC Department of Health and Human Services Performance measurement framework Increased focus on performance as well as financial reporting compliance Report pp 15-19 25

Performance Measurement Framework Program Goal What is the purpose? Inputs Activities Outputs Outcomes What resources are available? What will grantee do to achieve program goals? What are the measurable products of program activities? What are the measurable benefits of program activities? Report p 16, Exhibit 9 26

Recommendations

Recommendation 1. Revise N.C. Gen. Stat. 143C-6-23(d) Direct changes to Administrative Rules to: Require performance-based contracts Direct agencies to file monitoring plans Align reporting with the state fiscal year end and reduce time lag Require program performance measures Report pp 23-25 28

Recommendation 2. Emphasize Competitive Awards Less frequent use of earmarks Increase likelihood of funding the best grantee for the task When earmarks are used, provide more direction for agencies to assess performance Report p 25 29

Recommendation 3. Increase Enforcement of Reporting Requirements Direct the State Controller to electronically stop payments to noncompliant grantees May not apply to grant funds from federal sources Report p 26 30

Recommendation 4. Authorize Agencies to Withhold Funds for Oversight At their discretion, agencies may withhold up to 2% of grant funds 1.5% for agency monitoring 0.5% transferred to the Office of State Budget and Management for statewide oversight Not likely to apply to grants from federal sources Report pp 26-27 31

Summary Gaps remain despite recent progress on oversight of $694 million in state grants to non-profits Statutes and rules should be changed to strengthen accountability and focus on performance 32

Report Available Online www.ncleg.net/ped/reports/topics/intergovernmental.html Carol H. Ripple, PhD carol.ripple@ncleg.net