agency request budget

Agency Request Budget

2019-21 Agency Request Budget ASD 107BF02-O

Office of the Attorney General

2019-21 Legislatively Approved Budget* Positions 25 FTE 24.00

Attorney General

Positions 1 FTE 1.00

Policy Package #150 Renew HB2101 Sunshine

Committee Staff


Communications



Legislative Coordination


Deputy Attorney General


Special Counsel to the Attorney General



Executive Assistants


Budget


Honors Attorneys


Consumer Outreach


Policy Package #105 Grants Management Coordinator Position


2019-21 Agency Request Budget Positions 28 FTE 25.88

2019-21 Agency Request Budget Positions 91 FTE 89

Change to 2017-19 Legislatively Approved Budget** Positions 3 FTE 1.88

* Addition of 2 positions / 1.00 FTE for HB2101 ** Phase-out and renewal of 2 positions / 1.00 FTE for HB2101



Administrative Services Division

Division Administrator


Human Resources


Financial Services


Information Services


Operations


Administrative Support


Policy & Procedure Coordinator


* 0.37 in FTE reconciliation

2017-19 Legislatively Approved Budget* Positions 88 FTE 85.68

Policy Package #153 Inclusion & Equity


Policy Package #158 Risk & Compliance


Policy Package #154 Procurement Position Positions 1 FTE 0.88

Policy Package #159 Safety & Worker Comp


Policy Package #155 Project Manager


Policy Package #160 Payroll Technician


2019-21 Agency Request Budget Positions 92 FTE 89.88

Change to 2017-19 Legislatively Approved Budget Positions 4 FTE 4.20



Executive Summary

Primary Focus Area: Excellence in State Government Program Contact: Marc D. Williams, Division Administrator, 503.378.5705



Program Overview The Office of the Attorney General and the Administrative Services Division (ASD) provide the policy direction, administrative oversight, and accountability for the effective and efficient operation of the Department.

The 2019-21 Agency Request Budget includes the establishment of 9 new positions and the addition of $5.9M Other Funds expenditure limitation supported by the Legal Fund. Approximately 76% of the additional Other Funds expenditure limitation is in the area of information systems management. The expenditure limitation also includes increased support for grants management, inclusion and equity, operations, and human resources. An additional $2.3M General Fund appropriation was added for federal litigation in defense of Oregon statutes and the renewal of HB 2101Sunshine Commission public records legal work. Program Description



Office of the Attorney General This office includes the Attorney General, the Deputy Attorney General, and others who, along with the Division Administrators, set DOJ’s direction and policy. The Office of the Attorney General:

Directs the operations of the Department;

Establishes the state’s legal policy;

Manages all legislative, media and constituent activities;

Plans/manages the Department’s financial well-being; and

Coordinates government-to-government tribal relations and Indian issues.

Administrative Services Division The Administrative Services Division (ASD) provides the operational support necessary for the Department to carry out its mission(s). This includes paying the bills, ensuring employees have a safe, productive place to work, providing appropriate technology, and planning/managing the Department’s finances. Individual Sections include:

Financial Services The Financial Services Section, in collaboration with the Office of the Attorney General - Budget Section, is responsible for the Department’s fiscal business functions. The work performed is, for the most part, the same as financial services performed in all state agencies. What’s unique to the Department of Justice is setting billing rates for the Department’s legal billers, invoicing for legal services work provided to state agencies, boards, and commissions and the collection of interagency receivables. This includes the data capture, processing of the information, and issuance of invoices utilizing unique software tools. On average, nearly 45,000 time entries were recorded monthly in our billing system over the last 36 months. A portion of this section’s work is reflected in Key Performance Measure #5, which establishes a goal of collecting 88% of legal billings within 30 days.

Information Services The Information Services (IS) Section provides a broad spectrum of technology and support services to the employees, partners and clients of the Department’s eight divisions and additional special programs under direction of the Department Chief Information Officer



(CIO). The complexity of services and solutions provided by Information Services is driven by the breadth and intricacy of the services provided by the Department, as well as the data, information systems, and the security required by its programs. The Department is entrusted with information assets of a highly sensitive nature and requires a sophisticated set of technology solutions to enable Department staff to carry out the agency mission in an efficient and effective manner while ensuring the integrity, security, safety, and availability of those information assets. IS coordinates and leads the planning, research, design, procurement, development, installation, implementation, security and maintenance and operations of technology solutions that support the mission of the Department. In addition to the foundational technology solutions and services we provide, such as infrastructure (servers, network, routers), desktop computers and common applications, customer support (help desk), Internet/Intranet, and electronic records management, IS also provides additional technology services and solutions, including:

Information asset security

Mobile device management (smart phones, laptops, tablets)

Technical litigation support (e-discovery tools, courtroom support)

Time capture and billing

Payment receipt and disbursement processing

Voice over IP (VoIP) Services

Video conferencing and collaboration services

Automated document generation To manage technology projects, the Department uses a prioritized project matrix to select and prioritize technology goals and business objectives. The matrix assesses requests for projects and technology process improvements according to their importance to the



Department’s mission. The Department’s Executive Staff, composed of administrators from all divisions, advises and assists the Attorney General and CIO in guiding the Department technology strategy. Operations

The Operations Section provides facilities management, purchasing, contract management, mail distribution, library services, staff support for sustainability and continuing legal education, supplies/property management, and archival storage. The Department leases space in 19 facilities around the state. During the 2015-17 biennium, the Department leased 99,392 square feet from the Department of Administrative Services (DAS) for locations in the Justice and Commerce Buildings in Salem, the Eugene State Office Building and the Pendleton State Office Building.

The Department leased another 332,365 square feet from non-state owned buildings for locations in Medford, Roseburg, Eugene, Albany, Salem, Bend, Hillsboro, Oregon City, and Portland.

Our Operations team works with our administrators, numerous landlords, the Department of Administrative Services (DAS), and other state agencies to ensure the most efficient use of office space. We continue to perform consolidation analysis of our facilities to ensure the most efficient space utilization possible. The Operations team is also the action arm of the Department’s sustainability and drought response efforts. From recycling and composting to space analysis, efficiencies in double-sided printing and negotiating environmentally friendly contracts, our Operations staff work closely with the Oregon Energy Trust and the Department of Administrative Services (DAS) to ensure efficient and sustainable practices across the Department. Human Resources The mission of the Human Resources Services Section (HR) is to build a vibrant culture that attracts and inspires people to contribute to the mission of the Department of Justice and enables them to achieve their career and life goals. HR provides services to the eight divisions of the Department including: payroll and benefits, administration of three collective bargaining agreements, employee relations, application of state and federal laws, wage and hour requirements, recruitment and selection, classification, administration of leave laws, safety, workers compensation administration, leadership development, organizational development/change management, and supervisory coaching/training.

In addition to the typical HR functions (Family Medical Leave Act/Oregon Family Leave Act, classification, bargaining, recruiting, etc.), our Human Resources team is reinventing itself into an “employee” focused support function, rather than solely a “compliance” support



function. This means that we focus on making both employees and supervisors successful. We accomplish this by providing tailored leadership and organizational development training, as well as executive coaching. Our goal in this new model is to assist all employees to accomplish more effective and efficient operations, and to serve as a model to other agencies. Program Justification and Link to Long Term Outcomes Each division in the Department, whether delivering child support to the children of Oregon, protecting all state agencies from litigation, or providing help to people who are victims of crimes, relies on the delivery of our administrative services. Employees can’t work unless they are paid, have buildings and supplies, and have the technology to do their work. ASD is committed, through each of its functions, to increase the efficiency of our operations while providing a transparent structure for how we provide our services and how we charge for them. We’ve restructured, adopted a new project methodology, trained, and marketed our services to accomplish one central goal. That is, to ensure that we remain as agile as possible to meet the needs of the Department when and where they are needed. By ensuring that we can deliver the right services at the right time, efficiently, we can provide the maximum value to the programs within the Department. This, in turn, maximizes the potential for successful outcomes in our legal business, our special programs, and delivery of child support services. Program Performance The credo of the staff and leadership of the division is simple: “Question everything”. This is intended to analyze (and possibly undo) processes that are still being performed in a particular manner because that’s the way it’s always been done. Although our staffing has been consistently shrinking, the needs and expectations of our agency continue to grow. For example, the child support system replacement project has added significant workload in several administrative support areas, including managing significant long term debt and meeting secure technology requirements. Additionally, the number of Department employees required to meet the demand for Department services has increased from 1,000 in 2000 to 1,326 in 2016. Each of these increases represents a corresponding workload increase in working space, training, technology support, administrative support, payroll, hourly billing support, and management oversight. We have worked hard to address each of these increases to maintain a minimum level of service in each section. This has been difficult to accommodate and has necessitated us rethinking how we deliver our services.



Another substantial change has had tremendous impact on our Financial Services team and the services they provide. In the past four years, we have lost one management position and three accounting positions and consolidated those duties under existing staff. Our most significant changes, of course, have been made in our technology support area. In addition to the staffing cuts we’ve made in that section, the staff and management there have been tireless in their efforts to cut and reduce costs. Here are just a few of the many items we have accomplished in the technology area:

Reduced certain hardware maintenance contracts by utilizing replacement equipment

Extended desktop and server lifecycles

Re-negotiated certain software, hardware and maintenance contracts

Re-engineered programing algorithms to improve system efficiency and reduce costs

Implemented virtualized servers and storage to maximize use of expensive hardware

Enabled a mobile workforce with secure remote connectivity to agency systems as well as securely providing mobile devices

Implemented a new project methodology (Agile) to improve project delivery performance

Enabling Legislation/Program Authorization ORS 180.160, ORS 180.170, and ORS 180.180 provide authority to the Department of Justice to charge for the services we render, as well as pay for the expenses we incur in the process.

Funding Streams The Administration Division is funded (via Other Funds) primarily through intraagency charges to internal Department programs based on a federally approved cost allocation plan. Significant Program Changes from 2017-19 There have been no significant changes in the division’s positions and resources.



Administration

010 – Non-PICS Psnl Svc / Vacancy Factor

Purpose: This package includes the following adjustments: Standard Inflation factor of 3.8%, adjustment for the 2019-21 vacancy factor and mass transit taxes, and PERS bond assessment (PBA).

How Achieved: Accounts were adjusted using the DAS published instructions. 2019-21/2021-23 Staffing Impact: None.

Revenue Source: ($6,235) General Fund $737,881 Other Funds Limited $731,646 Total Funds

021 – Phase – In

Purpose: This package phases in non-personal services funding for the positions that were part of the 2017-19 Policy Option

Packages, offset by removing any one-time new furniture costs.

How Achieved: Biennialized services and supplies expenditures and removing one-time expenditures.

2019-21/2021-23 Staffing Impact: None.

Revenue Source: $213,621 Other Funds Limited



Administration

022 – Phase – Out Pgm & One-time Costs

Purpose: This package phases out one-time costs related to 2017-19 Policy Option Packages. It also phases out non-personal

services funding for positions and reduction of one-time non-personal service costs, also part of the 2017-19 Staffing and Services

Policy Option Packages.

How Achieved: Eliminated services and supplies expenditures.


Revenue Source: ($59,011) General Fund ($3,917,693) Other Funds Limited ($3,976,704) Total Funds

031 – Standard Inflation and State Government Service Charges

Purpose: Standard inflation of 3.8% was applied to all services and supplies accounts except for Professional Services, Attorney General, and State Government Services Charges. The package adjusts the State Government Service Charges assessed by DAS, Secretary of State Audits Division, State Library, Supreme Court Library, Risk Management, and others based on the State of Oregon Price List of Goods and Services. Inflation of 3.8% was applied to Rent (uniform and non-uniform), 4.2% to Professional Services, and 20.14% to Attorney General line items.

How Achieved: Accounts were adjusted using the DAS published instructions.





Administration

032 – Above Standard Inflation

Purpose: This package adjusts selected Services and Supplies accounts to provide budget for expenses that are projected to increase faster than standard inflation, including DAS uniform rent and lease fee, DAS fleet lease costs, DAS lease fee increases on non-uniform properties, and DAS Financial Business Systems charges.

How Achieved: Accounts were adjusted using the DAS published instructions.




2019-21 Agency Request Budget ASD BPR013



Administration 101 – Flat Charge for Legal Services Purpose: Increase the stability and predictability of state agency expenditures on legal services from the Department of Justice, and increase the stability and predictability of Department of Justice revenues from providing legal services. Encourage state agencies to seek preventive legal advice to help avoid more costly legal problems that may arise by foregoing preventive legal advice. Facilitate the funding of attorney cross-training and of preventive legal training for state agency staff. How Achieved: Switch DOJ’s legal services billing process from hourly billing to flat-charge assessment. DOJ’s legal staff provide legal services both to programs within DOJ and to state agencies, boards, commissions, and District Attorney offices when those offices request legal assistance. DOJ currently has a mixed or hybrid model of billing: most recipients of DOJ legal services pay DOJ directly for the legal services they use on a per-hour basis using DOJ’s published legal billing hourly rate, but about 16 of DOJ’s clients participate in a “flat-charge” pilot program that calculates a biennial assessment and invoices the participants once a month. One client receives legal services on a retainer basis. Oregon Revised Statute 180.160 provides the authority for the Department of Justice to charge other public bodies for the cost of rendering legal assistance to them. This statute is the basis for the hourly billing rate. ORS 180.170 provides the authority for the Department of Justice to estimate these costs in advance and to invoice those public bodies for their share of the Department’s legal services expenses. This statute is the basis for the assessment process proposed in this policy option package. As noted above, the Department of Justice bills most of its clients, including internal customers and funds, by keeping track of the time spent by “billers” on work done for the client and then sending the client an invoice for the cost of that time, plus any ancillary expenses incurred by DOJ on behalf of the client, at the standard hourly billing rate published by the Department of Administrative Services in the DAS Price List. “Billers” include attorneys, paralegals, investigators, some law clerks, and some legal secretaries. Billers track their time in a timekeeping system. The DOJ Financial Services Section sends invoices for billed hours and expenses to clients, who then typically spend time examining the invoices, occasionally challenging some portion of the invoices, and eventually agreeing to pay either the original invoice or a modification of the original invoice. The billed-hour model can discourage agencies from timely seeking needed services in situations where early intervention might reduce or even prevent a later-developing and typically more costly problem. While DOJ billing rates are set at a level calculated only to



Administration 101 – Flat Charge for Legal Services (continued) enable DOJ to recover its operating costs, they are high enough to adversely affect client agencies’ willingness to engage legal services, particularly in times of budget stress or when the client agency didn’t anticipate the need for legal services. The billed-hour method also makes it difficult for agency clients to accurately anticipate and effectively budget for the legal services they will require during a biennium. For the past several biennia, as an alternative to the hourly billing model, about 16 clients have participated each biennium in an optional pilot project using a “flat charge” billing model in which the client’s biennial cost of standard legal services is established by contract at the beginning of the biennium and is invoiced to the client on a monthly basis. Each participating agency’s flat charge is adjusted each biennium to reflect historical changes in usage levels by the agency so that, by design, each agency’s biennial flat charge should approximately equal its use of DOJ legal staff time, including overhead, over a period of several biennia. However, allowing agencies to opt in when it appears to benefit their budget at the expense of DOJ’s budget and to opt out when they expect to pay less under the hourly billing model leaves DOJ’s budget at risk of costs exceeding revenues. To avoid this problem, and to extend the benefits of the pilot project to all agencies, DOJ proposes to extend the “flat charge” (also called “assessment”) billing model to all of its clients. The assessment would be a direct replacement for the hourly billings. As such, extending the assessment billing model to all clients would be essentially revenue-neutral to DOJ: it could result is slightly more or less revenue than what would have resulted from billing on an hourly basis. It also should be largely expenditure-neutral by fund type across the state as a whole: agencies that would have paid their hourly billing invoices with a certain mix of fund types are likely to pay their assessment invoices with essentially the same mix of fund types. In establishing DOJ’s legal invoices as an assessment, DOJ proposes that client agencies’ Attorney General budget lines be adjusted in the end-of-session bill to match the calculated biennial assessments. Under current practice, agencies’ Attorney General budget lines are adjusted in the end-of-session bill based on a percentage change in the hourly billing rate. Thus, the change to an assessment model of billing would not add this step but would simply modify it.



Administration 101 – Flat Charge for Legal Services (continued) While the assessment billing model would be designed to cover all anticipated legal costs during the biennium, there is the possibility that an unusual situation might arise that would require the Legislature to adjust a client agency’s and DOJ’s budget. This possibility also exists under the current hourly billing model. 2019-21 Staffing Impact: None. 2021-23 Staffing Impact: None. Quantifying Results: The purpose of this policy option package is to increase the stability of legal services budgets for client agencies and for DOJ, to encourage client agencies to seek preventive legal advice, to facilitate the delivery of legal training, and to reduce the state’s cost of legal settlements and judgments. It will be possible to measure the stability of legal services budgets, the delivery of legal training, and the state’s cost of legal settlements and judgments. Revenue Source: This change in billing should be essentially expenditure neutral for DOJ and roughly General Fund neutral for the state.



Administration

102 – Reconcile Attorney Position Classifications

Purpose: Increase DOJ’s budget for Personal Services for attorneys to reflect actual pay levels, which have risen above budgeted levels to match the increased attorney skill and experience level needed to successfully lead today’s complex legal cases. DOJ’s practice is to allow an Assistant Attorney General (AAG) employee to progress through merit increases to a Senior AAG pay level even though their position remains funded at the top step of the AAG salary range. Also, DOJ may overfill an AAG position with an employee hired at a Senior AAG rate of pay. This results in substantial underfunding of expenditure limitation and a commensurate shortfall in the hourly billing rate, and requires the agency’s divisions to hold vacancies or find other savings to afford the highly skilled attorneys needed for the complex cases they handle. The AAG classification (U7504) is salary range 29, rising from $7,008 per month at step 3 to $8,881 per month at step 8 for attorneys represented by the union. The Senior AAG classification (U7505) is salary range 36S, rising from $9,208 per month at step 2 to $12,914 per month at step 9 for union-represented attorneys. A position classified as an AAG but occupied by an attorney paid at a Senior AAG level can be underfunded by $327 to $4,033 per month.

This DOJ practice of overfilling attorney positions either by providing merit increases beyond budgeted funding or by hiring above budgeted level is followed to retain or attract attorneys who have gained valuable skills and experience and who are needed by the department to lead its increasingly complicated legal cases on behalf of the state. For example, in the Trial Division, the mix of work has increased in complexity and difficulty over the decades as the cost of litigation has increased. Even as recently as a decade ago, our State agency clients could afford to litigate relatively small or simple cases (car accidents involving a state employee, non-catastrophic injuries on state property, simple contract or employment disputes), when there was a genuine dispute, and even take them through trial if necessary. Accordingly, in the past, the Division was in a position to use less experienced and more experienced lawyers: newer lawyers could handle their own smaller cases and learn from senior lawyers; the senior lawyers handled the more difficult cases; and as the senior lawyers retired, the once-newer lawyers were in a position to step into the senior lawyers’ shoes.

The mix of cases we have now is very different. DAS/Risk Management settles the simple disputes without involving DOJ, not only because of the volume of claims they receive, but also because electronic discovery has made litigation so much more expensive. We see very few cases that can be handled by newer lawyers on their own, and most cases staffed with multiple lawyers require those lawyers to be seasoned professionals with a body of experience already under their belt. We would love to hire more new lawyers, but when we are able to hire, the need is almost always for lawyers who can take a large caseload of difficult cases and handle them independently, immediately. This requires hiring at a Senior AAG level, in order to attract the kinds of candidates who are capable of the work we need them to do.



Administration

102 – Reconcile Attorney Position Classifications (continued)

If we did not overfill any of our AAG positions, the Division simply would not be in a position to handle as many large and complex cases as we have. We would be forced to recommend that our clients hire outside counsel, at hourly rates between $250 and $500 per hour, in order to defend cases that the current Trial Division lawyers are defending capably and efficiently. Not only would this result in greater legal bills to the State, but a substantial number of cases would be handled by private firms that do not have the perspective we do on legal issues that span across multiple cases, and the State would be at risk of taking opposing and contrary positions on the same issue in different cases.

Cost of Package by Division and Fund Type ($)

Division Other Funds

Administration 166,887

Appellate 28,723

Civil Enforcement 1,462,786

General Counsel 667,547

Trial 1,143,438

Total 3,469,381

How Achieved: Increase Other Funds expenditure limitation by $166,887 in Administration, to pay for differential between budgeted and actual Personal Services and associated Services and Supplies for attorneys paid above budgeted level. 2019-21 Staffing Impact: None.

2021-23 Staffing Impact: None.

Quantifying Results: This package would ensure that attorney positions in the 2019-21 biennium are budgeted to match the salary range and step being paid to the incumbent. DOJ has initiated discussions with DAS Chief Human Resources Office to explore the consolidation of the AAG and Senior AAG classifications and pay ranges. If successful, this consolidation should ensure that future



Administration

102 – Reconcile Attorney Position Classifications (continued)

biennia budgets will not contain a mismatch in budgeted and actual salaries due to the progression of an incumbent's merit increases beyond the pay range of the incumbent's position classification. Revenue Source: $166,887 Other Funds Limited



Administration

104 – Essential Costs for Information Technology

Purpose: Enable DOJ to meet mandated state and federal data security requirements such as Federal Tax Information (FTI), Federal Office of Child Support Enforcement (OCSE), Personally Identifiable Information (PII), Health Insurance Portability & Accountability Act (HIPAA), and Criminal Justice Information Services (CJIS), by sustaining ongoing support, maintenance, upgrades, and life cycle replacement of DOJ's infrastructure, hardware, and software that directly support the mission and security of the data entrusted to DOJ.

During the last 10 years, the Department of Justice has struggled to address increasingly important and complex information security needs within its current technology budget. As the Department has increased its use of and reliance on technology to maintain customer service levels and improve work efficiency, it regularly has to choose between mission critical priorities. These competing priorities have forced the Department to make difficult decisions between life cycle replacement and information security. To fully comply with mandatory information security requirements and to protect our data and the data entrusted to us by our Federal, State, and local partners, DOJ needs this policy package to provide the necessary resources to maintain a fully functioning, reliable, efficient, current and secure information technology environment.

In addition to central costs, division-specific IT rebaselining is needed to true up costs such as fleet replacement, telecommunications, data processing, software, and other IT related expenses. Many divisions have deferred fleet replacement or are investing in higher-cost mobile solutions for increased productivity. Greater than average inflation for IT expenses as well as the growing costs of IT mobility and flexible functionality have outgrown budgets at a fast pace. This POP includes both the Administration Division’s portion of the IT costs and the necessary increases to other divisions’ budgets for IT costs (e.g., fleet replacement), which the Administration Division’s IT does not cover. Without the other division budget increases for IT costs, the Administration Division’s portion loses some of its overall benefit to DOJ.

Please refer to the business case for this package in the Special Reports section.

How Achieved: Increase DOJ’s permanent funding to sustain required levels of system support, data security, upgrades, maintenance, and infrastructure life cycle replacement on an ongoing basis.



Administration

104 – Essential Costs for Information Technology (continued)

How Achieved continued:

Cost of Package by Division and Fund Type ($)

Division General Fund Other Funds Federal Funds Total Funds

Administration 3,800,000 3,800,000

Appellate 109,163 109,163

Civil Enforcement 572 185,698 2,169 188,439

Criminal Justice 58,206 200,506 14,916 273,628

Crime Victims & Survivors Services 35,070 51,980 15,631 102,681

General Counsel 260,152 260,152

Trial 179,526 179,526

Total 93,848 4,787,025 32,716 4,913,589



Quantifying Results: Paying ongoing support, maintenance, and life cycle replacement costs ensures that DOJ complies with mandated state and federal data security requirements while continuing to provide services to its customers as efficiently as possible.

Revenue Source: $ 3,800,000 Other Funds Limited



Administration

105 – Grants Management Coordinator Position

Purpose: Improve DOJ’s management of approximately 20 federal grants, including both direct and pass-through grants from other

agencies. Some of these grants have multiple years’ awards active concurrently.

How Achieved: Hire a grants management coordinator to oversee and manage DOJ’s grant practices.

In January 2017, the Oregon Department of Justice (DOJ) hired Sjoberg Evashenk Consulting (SEC) to conduct an independent agency-wide performance audit of the agency’s grant management practices. The objectives of the audit were to assess administrative grant management activities, including policies and procedures; compliance with state and federal requirements, including reporting requirements; internal coordination and communication between divisions; and monitoring activities. In its June 2017 final audit report, SEC provided 15 detailed recommendations to improve DOJ’s grants management. Key recommendations included:

Updating practices to track, manage, and dispose of fixed assets, including revising the fixed asset log to include all required elements, conducting annual inventories, and assigning unique identification numbers.

Developing a comprehensive department-wide set of policies and procedures for grant management activities.

Creating a centralized grant coordinator function to improve compliance, consistency, communication, and clarity of roles and responsibilities.

Re-evaluating the use of loans from other funds to cover federal expenditures and increasing the frequency of drawdowns. DOJ believes the addition of a grants management coordinator position will address 12 of the 15 detailed recommendations. The position requested is an Operations and Policy Analyst 2 (OPA2). The position will:

Revamp and formalize sub-recipient practices through written policies and procedures

Re-engineer processes over fixed assets purchased with federal grant funds

Develop and maintain a central listing of all DOJ grants

Improve compliance, consistency, communication, and clarity of grant management roles and responsibilities

Ensure staff have a complete understanding of administrative grant requirements

Ensure key staff involved in grant processes receive annual grant administration training



Administration

105 – Grants Management Coordinator Position (continued)

Create and chair a grant committee as a mechanism for collaborative engagement in developing and implementing DOJ’s grant administration

Develop a comprehensive department-wide set of policies and procedures for grant management activities

Evaluate the pros and cons of developing a central location and filing structure for maintaining grant records

Work toward the adoption of agency-wide policies and procedures requiring procurement staff to check the federal System for Award Management prior to awarding contracts involving federal grant funds

Ensure sub-recipients’ procurement policies comply with federal grant procurement standards

Develop a risk assessment to specifically identify, assess, address, and mitigate grant risks across DOJ In addition to these duties, the grants management coordinator position will ensure timely notification to the Legislature of DOJ federal grant applications. DOJ administers approximately 20 federal grants, some of which have multiple years’ awards active concurrently. DOJ’s annual grant-funded expenditures exceed $96 million.

2019-21 Staffing Impact: 1 position/0.88 FTE

Operations and Policy Analyst 2 (OPA2) – 1 position/0.88 FTE





Administration

105 – Grants Management Coordinator Position (continued)

Quantifying Results: Creation and agency-wide adoption of written policies and procedures for grant management activities, including sub-recipient practices. Delivery of annual grant administration training for key staff. Development of a central list of agency grants. Creation of a grant committee and tracking of the number of meetings held, topics discussed, and decisions made.



2019-21 Agency Request Budget ASD PPDPFISCAL



Administration

150 – Renew HB 2101 Sunshine Committee Staff

Purpose: Support the Oregon Sunshine Committee in carrying out its charge and in reviewing exemptions from public disclosures. House Bill 2101 (2017) established a 15-member Oregon Sunshine Committee and required Legislative Counsel to prepare Open Government impact statements for measures affecting disclosure of a public record and to establish a Public Records Subcommittee in the Legislative Counsel Committee. The Oregon Sunshine Committee is staffed by the Department of Justice. HB 2101 directed it to establish a plan to review all exemptions from the disclosure for public records, with some exceptions, identify inefficiencies and inconsistencies in the application of public record law, and report recommended changes to the Public Records Subcommittee. The Public Records Subcommittee was directed to review exemptions from disclosure of public records, including exemptions of administrative rules if request by the Legislative Assembly or persons affected by the rule, and review reports form the Oregon Sunshine Committee. HB 2101 provided one-time funding and two limited duration positions in the Department of Justice (DOJ) to support the Oregon Sunshine Committee in carrying out its charge. Under the bill, DOJ is responsible for reviewing over 500 exemptions from public disclosures adopted over the past 40 years; assisting with establishing a plan or schedule to review, by December 31, 2026, all exemptions from disclosure for public records providing for review; studying and identifying inefficiencies and inconsistencies in the application of public records; making recommendations on changes in existing law, policies and practices to enhance transparency and facilitate a rapid fulfillment of public records requests made to the public bodies; and submitting a report to the Public Records Subcommittee of the Legislative Counsel Committee including recommendations to amend or repeal the exemptions form disclosure. This package requests continued funding and permanent position authority in DOJ to continue the agency’s support of the Oregon Sunshine Committee. How Achieved: Appropriate General Fund and authorize position authority for continued DOJ work supporting the Oregon Sunshine Committee. Due to the duration of the work anticipated, DOJ requests this funding and position authority on a permanent basis.



Administration

150 – Renew HB 2101 Sunshine Committee Staff (continued)

2019-21 Staffing Impact: 2 positions/1.00 FTE

Legal Secretary – 1 position/0.50 FTE Assistant Attorney General (AAG) – 1 position/0.50 FTE 2021-23 Staffing Impact: 2 positions/1.00 FTE

Legal Secretary – 1 position/0.50 FTE Assistant Attorney General (AAG) – 1 position/0.50 FTE Quantifying Results: The Oregon Sunshine Committee is staffed by the Department of Justice. HB 2101 directed it to establish a plan to review all exemptions from the disclosure for public records, with some exceptions, identify inefficiencies and inconsistencies in the application of public record law, and report recommended changes to the Public Records Subcommittee.

Revenue Source: $302,132 General Fund



Administration

151 – Defend Oregon Statutes

Purpose: Provide funding to pursue legal actions in defense of Oregon state statutes and the Oregon Constitution. Over the past year, DOJ has pursued legal actions involving federal actions that harm Oregonians. DOJ pursues these actions and suits in defense of state agencies’ compliance with Oregon state statutes and the Oregon Constitution. These actions are necessary to ensure Oregon state agencies’ ability to carry out their legal obligations and to fulfill the duties required of the Attorney General. DOJ anticipates additional legal actions of the same type in the near future. Some of these legal actions have been initiated by and billed to state agencies. However, many are not reasonably billable to a state agency because they are initiated by the Attorney General rather than a state agency and because they affect a large number of state agencies for whom it is not feasible to determine the share of the litigation costs that should be borne by each agency. Providing a single source of funding for these legal actions would ensure that DOJ can take these legal actions when they are necessary, without waiting for a meeting of a Legislative body to approve funding, by which time the opportunity to take the action may be past. Also, providing a single source of funding for these legal actions would consolidate these actions under a single umbrella, which would facilitate the tracking of and reporting on these actions and their associated expenses. DOJ requests $2.0 million in DOJ’s Administration Division to fund actions and defend suits in defense of state agencies’ compliance with Oregon state statutes and the Oregon Constitution that are not reasonably billable to an Oregon state agency. DOJ requests four positions and their associated expenditure limitation in the Trial Division to provide the legal work on these actions and suits.

How Achieved: Appropriate $2.0 million General Fund to the Department of Justice, Administration Division, and authorize four positions and their associated expenditure limitation in the Trial Division to provide the legal work funded by this appropriation. The four positions in the Trial Division are: one Senior Assistant Attorney General, one Assistant Attorney General, one Paralegal, and one Legal Secretary.



Administration

151 – Defend Oregon Statutes (continued)

2019-21 Staffing Impact: None (Administration). 4 positions/3.52 FTE (Trial)

2021-23 Staffing Impact: None (Administration). 4 positions/4.00 FTE (Trial)

Quantifying Results: Legal actions in defense of Oregon state statutes and the Oregon Constitution will be pursued in a timely manner and with resources appropriate to the importance of the actions and to a successful resolution of the matter.

Revenue Source: $2,000,000 General Fund



Administration

152 – Legal Tools Project

This is a request for $250,000 Other Funds expenditure limitation to support the roll-out of the Legal Tools software project. This additional funding allows DOJ to continue to engage the implementation contractor with assisting DOJ with the case management features of the project. Purpose: This package increases Other Funds expenditure limitation for the completion of the replacement of the legal case management system. Originally starting in the 2015-17 biennium where DOJ received a one-time limitation increase for the purposes of this life cycle replacement project, a long procurement process delayed the original purchase and project start date. Limitation was moved to the 2017-2019 biennium where the main project implementation was to take place and the project is scheduled is scheduled to finish in late 2021.

Please refer to the business case in the Special Reports section.

How Achieved: The Legal Tools Replacement project is in the execution phase with a projected end date of December 2021. The project was broken into two key areas to achieve the most value and highest efficiencies. Part I which is in implementation replaces the Department’s legacy document and time management systems for legal divisions and reduces system complexity and cost. Part II replaces a legacy in-house built application with the purchased COTS product.



Quantifying Results: Having vendor support for the implementation of the COTS software product to replace DOJ's legacy document, time keeping, and legal case management systems.




Administration

153 – Inclusion and Equity

Purpose: This Operations and Policy Analyst 3 (OPA3) position will be the internal coordinator for EEOC title V and VII issues relating to Diversity, Inclusion, Equity, Equal Opportunity, Civil Rights, and Affirmative Action. The main purpose of this position will be to develop, compose, and institutionalize an agency Affirmative Action Plan to improve the workplace culture of all employees. With the recent additional training requirements to the Statewide Policies related to Harassment and Discrimination Free Workplace DOJ intends to create a more inclusive and discrimination free organizational culture. A dedicated position in these efforts is critical to its success. Currently this is an additional duty for a Human Resources Analyst 3 (HRA3). How Achieved: Add an Operations and Policy Analyst 3 (OPA3) position in the Human Resources section.





Quantifying Results: Having a dedicated position to create a more inclusive and discrimination free organizational culture and ensure compliance with policies related to a harassment and discrimination free workplace will improve the organizational culture at DOJ and prevent costly mistakes. Revenue Source: $227,608 Other Funds Limited



Administration

154 – Procurement Position

Purpose: With the increase within the last few years in workload of both purchasing supplies and equipment, and extensive contracts work, particularly complex IT contracts, DOJ’s Administrative Services Division cannot manage to meet the needs and deadlines of its internal customers with only two staff that handle Procurement for the entire agency of 1300 people. In addition, the possibility of the implementation for state-wide e-procurement (OregonBuys) being launched next biennium, there will be the need for additional staff time on training and for support to our internal customers. How Achieved: Add Procurement and Contract Specialist 1 (PCS1) position in the Operations section.


Procurement and Contract Specialist 1 (PCS1) – 1 position/0.88 FTE


Procurement and Contract Specialist 1 (PCS1) – 1 position/1.00 FTE

Quantifying Results: Having an additional staff member to meet the increasing procurement and contract needs of internal DOJ customers will improve the department’s efficiency and effectiveness. Revenue Source: $206,317 Other Funds Limited



Administration

155 – Project Manager LD to Permanent

Purpose: The limited duration project manager 1 has been extremely helpful to the Department as it has allowed for all the areas of regular work for each DOJ facility around the state to be addressed in a timely manner so small projects such as space reconfigurations, and ergonomic adjustments can occur regularly without delays to the business operations at each location. In addition, project managers 2 have been able to concentrate on larger relocation projects which include extensive lease negotiations, planning and outreach to DAS leasing, private landlords and developing contracts with our procurement and contract specialists for construction projects, as well as developing the project budgets and working with subcontractors. The project manager 1 also assists the Director of Facilities Management and Procurement with other tasks such as Sustainability issues, DAS vehicle mileage mandates, accident and citizens reports, Annual Risk Report, processing background checks and non-disclosures for contractors on job sites at DOJ facilities as well as keeping updated the facilities data on our new facilities management program. How Achieved: Make permanent the Project Manager 1 position in the Operations section.


Project Manager 1 – 1 position/1.00 FTE


Project Manager 1 – 1 position/1.00 FTE

Quantifying Results: Having an additional staff member to meet the increasing project management needs of internal DOJ customers will improve the department’s efficiency and effectiveness. Revenue Source: $234,805 Other Funds Limited



Administration

158 – Federal Data Security Compliance & Auditing

Purpose: Add a position to the DOJ Information Risk & Compliance Team to manage and track all federal compliance requirements, perform system security audits, and to further enhance and protect our systems and data by monitoring cyber threats, creating a separation of duties as required by federal regulatory bodies (i.e., person who monitors/detects threats does not also make firewall changes), and allowing us to increase our risk, compliance, and auditing functions ultimately reducing our risk of an information security failure. We are requesting an Information Services Specialist 5 (ISS5) position for this role, but the duties may require a higher class such as ISS6 or ISS7.

How Achieved: Add an Information Service Specialist 5 (ISS5) to the Information Services Section.


Information Services Specialist 5 (ISS5) – 1 position/0.88 FTE


Information Services Specialist 5 (ISS5) – 1 position/1.00 FTE

Quantifying Results: Reduce severity of audit findings from regulatory bodies related to separation of duties. Increase in frequency and type of internal audits of network security. Decrease in risk to Department systems and potential data security incidents due to increased monitoring and faster implementation of remediation activities.




Administration

159 – Safety and Worker Comp Coordinator

Purpose: This HRA1 position will provide agency coordination for Safety, Wellness, and Workers Compensation claims for the Agency. DOJ has a robust Safety program involving every Division and agency location. Through these efforts DOJ is able to reduce workers compensation claims through a safer workplace. Through a Statewide initiative DAS is requiring wellness policies, committees, and activities. DOJ doesn't currently have an agency position to coordinate these activities. In order to leverage an agency wellness committee and activities to increase employee safety and wellness it is critical to have an agency-wide coordinator. Currently this is an additional duty for an HRA3 which is understaffing for the safety work and does not support wellness. How Achieved: Add Human Resources Analyst 1 (HRA1) position in the Human Resources section.


Human Resources Analyst 1 (HRA1) – 1 position/0.44 FTE


Human Resources Analyst 1 (HRA1) – 1 position/0.50 FTE

Quantifying Results: Having an additional staff member to meet the increasing safety, wellness, and worker compensation claim needs of internal DOJ customers will improve the department’s efficiency and effectiveness. Revenue Source: $114,492 Other Funds Limited



Administration

160 – Payroll Technician

Purpose: This Accounting Technician 3 (AT3) position will provide much needed relief to an overworked payroll team. In the 2015-2017, the 2017-2019 biennium, and the February 2018 session DOJ increased 100 FTE without an increase in payroll support. Currently 2019-2021 POPS increase the agency another 87 FTE. The Payroll section with this added workload has seen overtime issues, the need to hire temporary staff, as well as employee burnout and subsequently, turnover. In addition, the Payroll manager has consistently worked a considerable amount of additional hours, approximately 800 hours annually, dedicated to performing technical level payroll duties, in essence acting as a third payroll technician. As a result, the Payroll manager has not provided adequate oversight of the agency’s payroll operation specifically in the areas of compliance, internal auditing, and customer relations. After a careful restructuring within the HR office during the 2017-2019 biennium the Payroll manager is now responsible for oversight of the agency’s recruitment, classification and compensation, and Family Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) functions in addition to payroll services. Over the course of the 2017-2019 biennium DOJ has had to recruit for the two payroll positions twice (200% turnover). By hiring an additional Payroll Tech we will address overtime issues, minimize employee burnout, reduce costly turnover, and better provide Human Resource support to the Agency.

How Achieved: Add an Accounting Technician 3 in the Human Resources section. 2019-21 Staffing Impact: 1 position/0.88 FTE

Accounting Technician 3 (AT3) – 1 position/0.88 FTE 2021-23 Staffing Impact: 1 position/1.00 FTE

Accounting Technician 3 (AT3) – 1 position/1.00 FTE Quantifying Results: By hiring an additional Payroll Tech we will address overtime issues, minimize employee burnout, reduce costly turnover, and better provide Human Resource support to the Agency. Revenue Source: $162,753 Other Funds Limited



Administration

163 – Relocate Warehouse

Purpose: Budget for projected cost of storage area. This includes $150,000 in one-time costs and approximately $240,000 per biennium in increased rent; rates will increase in late 2018. The DOJ downtown warehouse space houses all of our archive files and systems furniture in warehouse units comprising approximately 40,000 square feet. The landlord of the downtown warehouse will be increasing the rent for these spaces within the next year when our leases expire. Currently we pay approximately $.35 - $.40 per square foot per month; DAS has indicated the rate will increase to $.60-$.65 per square foot. This increase will be significant for DOJ and there are better alternatives for the same increase in cost that offer environmental conditioning and robust security measures. If DOJ stays in the same warehouse space, it may end up paying premium rates when there are other locations that could provide better space at the same $.60-$.65 per square foot rate. The upfront cost to relocate would be approximately $150,000. We do not anticipate higher than average inflation in rent for the space going forward.

How Achieved: Increased limitation for projected cost of storage area.



Quantifying Results: Provide needed budget for projected cost of storage area.



2019-21 Agency Request Budget ASD 107BF07

ORBITS 2017-19

Source Fund

Revenue

Acct 2015-17 Actual

Legislatively

Approved

2017-19

Estimated

Agency

Request

Governor's

Budget

Legislatively

Adopted

Legal Billings to Client Agencies - Other

Funds Ltd 3400 0410,0415 31,799,000$ 31,389,250$ 31,389,250$ 50,706,107$

Legal Billings to Client Agencies 8800 0410,0415 -$

Misc. Legal - Other Funds Ltd 3400

0510,0605,

0705,0975 52,649$ 40,000$ 40,000$ 40,000$

Transfers In/Out 3400 1010,2010 -$

Misc. Legal 8800

0510,0605,

0705,0975 45,193$

Transfer to General Fund 8800 2060 (45,193)$

Total Other Funds Ltd* 3400 31,851,649$ 31,429,250$ 31,429,250$ 50,746,107$ -$ -$

Total Other Funds Non-Ltd 3200 -$ -$ -$ -$ -$ -$

Total Federal Funds Ltd 6400 -$ -$ -$ -$ -$ -$

Total Federal Funds Non-Ltd 6200 -$ -$ -$ -$ -$ -$

*General Fund 8800 considered Other Funds 3400

DETAIL OF LOTTERY FUNDS, OTHER FUNDS, AND FEDERAL FUNDS REVENUE

2019-21

agency request budget

Documents