2012-2013 Sobriety Checkpoint Program Pre-Operational Training By the California Office of Traffic Safety October – November 2012 1 Agenda Mobilization Periods Media Objectives Data Collection/Reporting Checkpoint Operations Checkpoint Supplies OTS Contacts 2 Funding for this program was provided by a grant from the California Office of Traffic Safety Through the National Highway Traffic Safety Administration 3 2012-2013 Mobilization Periods Winter Holiday Mobilization December 14th – January 1, 2013 Summer/Labor Day Mobilization August 16 – September 2, 2013 4 Media Objective – Should issue a kick off press release using the template that will be supplied by UCB prior to your first checkpoint. 5 Media Objectives for the Mobilization Periods If there’s an AVOID campaign in your county, notify the AVOID Regional Coordinator of locations/dates/times as early as possible The AVOID Coordinator will release a joint multi-agency press release to all major media in the region. 6 Media Objectives for the Mobilization Periods Should distribute to local community papers, a press release for each checkpoint operation If there are multiple checkpoints within a 7-day period, use a single press release 7 Media Objectives for Outside the Mobilization Periods Distribute to local media, a press release for each checkpoint operation If there are multiple checkpoints within a 7day period, use a single press release 8 Media Objectives To enhance overall general deterrence, OTS recommends that the exact checkpoint location or an approximate location not be given to the media. 9 Reporting of Drugs and DUI Drugs to the Media Any DUI Drug-impaired arrests made as the result of the checkpoint operation should be incorporated into the after-action media news release. If it’s marijuana be sure to list it out separately. 10 Media Objectives Should use California’s DUI tagline on all news releases and checkpoint publication materials: Report Drunk Drivers. Call 911. 11 Media Objectives If using the OTS press release template, there is no need to obtain OTS approval in advance. If a non-OTS press release format/copy is used, it is recommended you submit to OTS Public Information Officer at pio@ots.ca.gov at least 14 days in advance of the operation (or ASAP before each checkpoint). 12 Media Objectives Should send to SafeTREC: All press releases, media advisories, alerts and other press materials Copies of all newspaper articles and short descriptions of broadcast news stories 13 Media Objectives For combination DUI/DL checkpoints, agencies should issue press releases that indicates Drivers Licenses will be checked at the DUI/Drivers License checkpoint. 14 Media Potential News Release Material According to NHTSA, sobriety checkpoint programs can yield considerable cost savings: $6 for every $1 spent. According to NHTSA, sobriety checkpoints have provided the most effective documented results of any of the DWI enforcement strategies. The DMV reports unlicensed drivers are 4.9 times more likely to cause a fatal crash than a licensed driver. 15 Media Potential News Release Material The checkpoint will be staffed by officers trained in the detection of alcohol and drug impairment to provide on-the-spot assessments of drivers suspected of drug impairment. The primary purpose of a DUI Checkpoint is to increase awareness, deter impaired driving and to arrest those drivers who are found to be under the influence. 16 Media Potential News Release Material All checkpoints are conducted in accordance with the guidelines for DUI checkpoint operations outlined in the California Supreme Court decision, Ingersoll v. Palmer. The checkpoint location was chosen because it has a history of having a high incidence of alcohol crashes and/or arrests - safety was also an important consideration 17 Future OTS Funding Decisions When making funding decisions for the next round of proposals, OTS will look more closely at the number of vehicles through the checkpoint, drivers interviewed, SFST’s, and DUI arrests taking into account the cost of the checkpoint operation According to a new NHTSA report, checkpoint “contacts” would be the best measure of checkpoint effectiveness 18 Schedule C – Data Reporting Requirements Speaking the Same Language 19 Data Collection Alcohol-involved Fatalities – Victims killed in collisions where a party (driver, pedestrian or bicyclist) was classified as Had Been Drinking (HBD-under influence, HBD-not under influence or HBD-impairment unknown - CHP). Alcohol-involved Injuries – Victims injured in collisions where a party (driver, pedestrian or bicyclist) was classified as Had Been Drinking (HBD-under influence, HBD-not under influence or HBD-impairment unknown (CHP-SWITRS).. 20 Data Collection Traffic Fatalities – Deaths resulting from motor vehicle traffic collisions, where the victim dies within 30 days for the collision (CHP- SWITRS). Traffic Injuries – Victims sustaining injuries as a result result of a motor of a motor vehiclevehicle traffic collision. traffic collision. This would This would include victims with the extent of injury classified as severely wounded, other visible injuries, or complaint of pain. Victims killed are not included as injured (CHP - SWITRS). 21 Data Collection Vehicles passing through DUI checkpoints – Total number of vehicles that passed through the checkpoint, regardless of whether or not drivers were contacted. 22 Data Collection Drivers Contacted – The initial driver contact by an officer on the line to observe possible signs of impairment (brief verbal greeting/observation, not secondary screening/FSTs) Field Sobriety Tests (FST) Administered – Number of drivers displaying signs of being under the influence, who are pulled aside to determine level of impairment by administering an FST. 23 Data Collection DUI Arrests (Alcohol) - Drivers arrested for DUI when alcohol is presumed/determined to be the intoxicant (When unknown if drugs also a factor of impairment) DUI Drug Impairment Arrest - Drivers arrested for DUI when drugs presumed/determined to be an intoxicant. 23152 (a) VC 24 Data Collection Drug Arrests - Any arrest/citations issued for illegal drugs: i.e.- possession, transportation, possession for sale, etc... (Does not include under the influence of drugs - non-DUI related, nor Marijuana Infraction) Criminal Arrests (Felony in custody) - Those Felony Arrests not associated with a driving violation nor a drug arrest 25 Data Collection Repeat DUI Warrant Service Operation – A program consisting of pulling DUI warrants and visiting the address on record in an attempt to contact the person named on the warrant. Warrant Service Attempts – A DUI warrant is pulled and a visit to the address on record is made in an attempt to contact the person named on the warrant. Warrants Served – A DUI warrant is pulled, and the person on the warrant is contacted & arrested. 26 Data Collection Court Sting – An operation targeting DUI offenders with suspended or revoked drivers' licenses who, upon leaving court, are observed driving. If the offender is observed driving, he/she is cited/arrested. 27 Checkpoint Supplies (recommended) 48”X48”, “DUI /Driver’s License Checkpoint Ahead”, black lettering on orange background, with spring post stand or tripod stand. Other signs must be MUTCD compliant and retro-reflective, with spring stand, Tripod stand or A-frame barricade Maximum Reimbursable Cost Per Item $400.00 28 29 Checkpoint Supplies (recommended) Traffic Control Cones – 28” minimum, Orange w/reflective sleeves. Maximum Reimbursable Cost per item $30 Traffic Control Vests – FHWA federal guideline compliant. Maximum Reimbursable Cost per item $45 PAS Devices / Supplies Maximum Reimbursable Cost per item $1,500 30 Checkpoint Supplies (recommended) Lighting System / Generator Lighting stands or carts Heavy duty extension cables Generator May not exceed $4999.00 total 31 Checkpoint Supplies (recommended) Your grant agreement will give you the total amount that can be claimed in the grant period for checkpoint supplies. 32 Checkpoint Operations 33 Checkpoint Operations According to NHTSA, two-thirds of all motor vehicle fatalities between the hours of midnight and 3 a.m. occurred in alcohol-impaired-driving crashes, and more than half (55%) of drivers involved in fatal crashes at those hours, were alcohol-impaired. So…… • Checkpoint Operations …..If at all practicable it is recommended that checkpoint operations run until 0300 hours. 35 Checkpoint Operations Because checkpoint operations limit the interview to (30 to 60 seconds), up to half of the over-the-limit drivers passing through a sobriety checkpoint are not apprehended – Alcohol and Highway Safety – A Review of the State of Knowledge (NHTSA 2011). So…… 36 Checkpoint Operations ……To better identify and apprehend Drug impaired drivers in addition to Alcohol impaired drivers, it is highly recommended that all personnel assigned to staff the greeting lane of the checkpoint be Drug Recognition Experts (DRE's) and/or Advanced Roadside Impaired Driving Enforcement (ARIDE) trained sworn officers. At the very minimum, all officers contacting drivers in the greeting lane should be NHTSA Standardized Field Sobriety Test (SFST) trained and certified. 37 Checkpoint Operations Each checkpoint should be highly publicized and visible. OTS does not fund or support independent DL checkpoints. 38 Checkpoint Operations Unless approved by OTS in advance, grant funds cannot be used for DUI/DL checkpoints operating before 1800 hours 39 Checkpoint Operations OTS does not fund (i.e., no reimbursements for) planned saturation patrols in DUI Mini Grant programs. EXCEPTION: Inclement Weather If inclement weather occurs after overtime expenses have been contractually obligated AND the weather compromises the safety of the officers or the public, then the checkpoint(s) may be switched to saturation patrols 40 According to an opinion by the California State Attorney General’s Office and your OTS grant agreement, all DUI/DL checkpoint operations should have at least one sign with these words: “DUI/Drivers License Checkpoint Ahead.” Note: While additional warning signs can and should be used as necessary or as desired, there should be at least one sign in use in advance of the checkpoint operation that uses these words on a single sign. 41 42 Checkpoints, AB353 and 12500s January 1, 2012 among the new sections of the California Vehicle was §2814.2. §2814.2 restricts the ability of law enforcement to seize a vehicle at a checkpoint when the driver’s only offense is driving without a valid license. 43 Checkpoints, AB353 and 12500s §2814.2 The key language of the statute is §2814.2(b): Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the driver’s only offense is a violation of Section 12500. 44 Checkpoints, AB353 and 12500s First, §2814.2 only applies at checkpoints. It is not the law during routine traffic stops or other interactions between law enforcement and the motoring public. It is a checkpoint specific provision of the vehicle code. 45 Checkpoints, AB353 and 12500s Second, §2814.2 only applies to drivers who are in violation of California Vehicle Code section §12500 and only §12500. If the driver is subject to any other offense that may invoke an impound process, then §2814.2 does not apply. 46 Checkpoints, AB353 and 12500s Third, §2814.2 only prevents the impoundment of a vehicle. It does not block the removal of a vehicle. 47 So, what can you do? §2814.2 sets up a procedure that officers must follow when confronted with a §12500 driver at a checkpoint. 48 So, what can you do? When an officer encounters a driver at a checkpoint who is §12500, and only §12500, the officer should issue the driver a citation for a violation of CVC §12500. The driver should not be permitted to continue driving the vehicle down the road. So, what’s to be done with the vehicle? 49 So, what can you do? §2814.2 provides that the registered owner of a vehicle seized at a checkpoint without a valid driver because of a §12500 violation (note: §12500 violation only, not §23152 or any other section) has until the conclusion of the checkpoint to claim the vehicle. (See, §2814.2(c)) 50 So, what can you do? Law enforcement should attempt reasonable efforts to locate the registered owner in order to effectuate the authorized release of the vehicle to a properly licensed driver. 51 Summary •In keeping with your department’s policies, law enforcement can and should still impound vehicles seized at checkpoints from drivers with suspended or revoked licenses •Under §2814.2, law enforcement is no longer permitted to impound a vehicle pursuant to §14602.6 if the sole offense is §12500 (driving without a valid license) at a checkpoint. The vehicle may only be removed, and then only once the registered owner is given an opportunity to rescue the vehicle prior to the conclusion of the checkpoint. 52 Summary •Law enforcement should not, except at its own peril, release a vehicle seized pursuant to §2814.2 at the direction of the driver. Only when the driver and the registered owner are one in the same can the driver direct what is to be done with the vehicle. 53 But, what about those stopped by chase motors, rovers or those outside of the checkpoint lane? The "checkpoint" is not defined in the statute. One opinion is that it is the point in space and time where the vehicle is stopped and the driver is contacted. Could there be others? 54 Three primary case laws related to DUI Checkpoints •Ingersoll v Palmer – State of California - 1987 •People v Banks – State of California - 1993 •Michigan State Police v Sitz – US Supreme Court - 1990 55 Of the three primary cases, Ingersoll is the one we rely upon the most here in California There are 8 basic requirements in Ingersoll 56 Ingersoll 8 (1) Whether the decision to establish the checkpoint, the selection of the site, and the procedures for operation are established by supervisory law enforcement personnel (2) Whether motorists are stopped according to a neutral formula; (3) Whether adequate safety precautions are taken, such as proper lighting, warning signs, and signals, and whether clearly identifiable official vehicles and personnel are used; (4) Whether the location of the checkpoint was determined by a policymaking official, and was reasonable; (5) Whether the time the checkpoint was conducted and its duration reflect “good judgment” on the part of law enforcement officials; (6) Whether the checkpoint exhibits sufficient indicia of its official nature (to reassure motorists of the authorized nature of the stop); (7) Whether the average length and nature of detention is minimized (8) Whether the checkpoint is preceded by publicity. 57 About That Publicity Requirement…… After Ingersoll, there were two cases that directly addressed the publicity issue and they are: Michigan v Sitz (US Supreme Court) & People v Banks (California Supreme Court) In these cases the Courts held that advanced publicity is not necessary for a checkpoint to be valid but…… 58 .... Extensive research has shown that a high level of publicity is essential to a successful impaired driving enforcement program. 59 NEW RECENT CASE San Francisco PEOPLE v. ALVARADO The PEOPLE, Plaintiff and Respondent, v. Walter ALVARADO, Defendant and Appellant. No. 2404632. February 07, 2011 60 Alvarado contended that the prosecution failed to: (1) Establish that the selection of the checkpoint site and the procedures for the checkpoint operation were made and established by supervisory personnel (2) Establish that the officers employed a neutral formula for stopping vehicles during the checkpoint (3) Demonstrate that the checkpoint location was reasonable and effective in achieving the government interest of deterring drunk driving (4) Offer any evidence as to the length and nature of the checkpoint detentions (5) Offer any evidence as to the length and nature of the checkpoint detentions 61 Alvarado Role of Supervisory Personnel The People introduced evidence that a captain ordered the checkpoint. Undisputed evidence showed that it was the Traffic Sergeant who endorsed and approved the procedures actually used. The procedures apparently endorsed by the sergeant differed appreciably from those (1) Specified by the captain (2) On the forms used by officers at the scene Alvarado Neutral Formula Alvarado argued that the trial court erred in finding that the checkpoint operated under a neutral formula because the Officer did not follow the instructions on the official “Sobriety Checkpoint Form.” But it appears that the officer on the scene did employ neutral criteria, albeit a combination of two systems employed as traffic conditions dictated. Alvarado Neutral Formula While the Officer testified he used this “five cars at a time” method “through the entire evening,” there were occasions when he gathered cars in groups of less than five. The Officer did this due to the nature of traffic flow, i.e., there may not have been five cars available and the police could not wait for an additional one or two more cars. Alvarado Site Selection Ingersoll stated: “The sites chosen [for sobriety checkpoints] should be those which will be most effective in achieving the governmental interest; i.e., on roads having a high incidence of alcohol related accidents and/or arrests. Safety factors must also be considered in choosing an appropriate location.” (Ingersoll, supra, 43 Cal.3d at p. 1343.) “[A] sobriety checkpoint would be improper at a location without any significant traffic or incidence of drunk driving․” (Id. at p. 1344.) Alvarado Site Selection There was no evidence explaining the selection of the specific checkpoint site used here. To be sure, there was evidence that the site had been used before. But there was no evidence that the intersection at issue had a high incidence of alcohol-related accidents. Alvarado Length and Nature of Detention Alvarado argued that the trial court erred by finding that the issue of timing and duration did not apply in the present case, and that there was no evidence proffered below on the length and nature of the checkpoint detentions. (Compare Ingersoll, supra, 43 Cal .3d at p. 1327 [28 seconds for average detention, six minutes for those given field sobriety tests].) The trial court found that the factor did not apply in this case. The trial court was in error. Alvarado Lack of Advance Publicity “Advance publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint. Publicity both reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock.” (Ingersoll, supra, 43 Cal.3d at p. 1346.) No such evidence was presented below. Alvarado, citing Banks, supra, 6 Cal.4th 926, agrees that the lack of advance publicity alone will not render a sobriety checkpoint unconstitutional, but suggests that, in conjunction with other failures, the lack of advance publicity renders the sobriety checkpoint in this case unreasonable. Where lack of advance publicity is the sole infirmity in a checkpoint procedure, Banks instructs us to deny the motion to suppress; but where other problems are found, this factor may tip the scales in favor of granting the motion. Alvarado Court Ruling Here, the record shows that the People did not sustain their burden as to at least: 1. The role of supervisory personnel in prescribing the procedures to be used at the checkpoint 2. The rationale for selecting the particular location used for the checkpoint. 3. The length of detentions 4. Advance publicity The Court also noted the thin evidence of neutral criteria used when fewer than five cars were pulled over at a time. Alvarado TSRP Legal Opinion as it relates to Alvarado on the issues not addressed by the Court. 1. Data has to drive the site selection process. Data is seen as "neutral." In Alvarado the people relied on a "we always do it here" argument. We all see how that went. Data, data, data! 2. The role of supervisory personnel. This is perhaps the most troubling aspect of the case. The court points out that a Capt made decisions, but these decisions were not followed by, and were in fact superseded by a Sergeant. Furthermore, what the Sgt. order differed from the directives in the hands of officers on scene. 3. Yes, there are defense attorneys that challenge the chute method as being non-neutral. This opinion says the chute method is okay. It also okays switching between neutral systems when traffic pattern changes. There are also other California appellate ruling that okays the chute method. Alvarado Issues directly addressed by the Court Re: Length and Nature of the Detentions and Publicity 1. Ingersoll notes, “no hard and fast rules as to timing or duration can be laid down, but law enforcement officials will be expected to exercise good judgment in setting times and durations, with an eye to effectiveness of the operation. (In Ingersoll, 28 seconds for average detention, six minutes for those given field sobriety tests.) While the People's brief suggests that such evidence was provided, it consisted of nothing except a statement that the procedures were designed to “keep traffic flowing.” 2. Where lack of advance publicity is the sole infirmity in a checkpoint procedure, Banks instructs us to deny the motion to suppress; but where other problems are found, this factor may tip the scales in favor of granting the motion Fraud Awareness and Financial Stewardship Fraud Awareness and Financial Stewardship Federal grant funds are awarded for a specific “public purpose” and grantees must use those funds within certain parameters. Unfortunately, fraud, waste and misuse of these funds can and does occur. United States Office of the Inspector General (OIG) Investigations by the federal Office of the Inspector General (OIG) and NHTSA have detected some cases of fraud involving grantees receiving federal highway safety grant funds. THE OIG INVESTIGATION How was the problem discovered? – It was an accident! – Investigation involved: Local Police Department/HSO/FBI/OIG/NHTSA – Focus on overtime STEP grants (OP, DWI, – Speeding & Other) – Significant Local/State/National media coverage – OIG Investigation Broadened Nationally OIG INVESTIGATIONS RESULTS $506,000 identified as misused in 4 police departments. State has or will pay back to NHTSA 24 Officers removed or resigned; 1 retired. 25 Officers indicted. Adjudication in process. Investigations are continuing. The dollar amount and number of officers involved will likely increase. SCHEMES ASSOCIATED WITH LAW ENFORCEMENT GRANT FRAUD Falsification of Log sheets Falsification of Tickets Misuse of “Administrative Time” FALSIFICATION OF LOG SHEETS Officers misreport hours worked, time tickets were written, number of tickets written to get paid for time not worked. Sometimes with tacit approval of supervisor. Discovered when officers’ log sheets were compared to actual time worked based on dispatch logs, ticket records, vehicle logs. FALSIFICATION OF TICKETS Discovered when an officer’s ticket book was found with completed ticket information but no times noted. Times omitted from tickets until log sheet completed. False time entered on ticket to appear as if written during overtime shift. OTHER EXAMPLES OF FRAUD (CONTINUED) FALSIFYING DOCUMENTS – THIRD PARTY CONTRACTS State Highway Safety Office (SHSO) contracts with a government for a highway safety grant who subcontracts with contractor for services. Grant Agreement specifies staff time to be billed at $125/HR Also, work performed by subcontractor is to be billed at the actual subcontractor rate of $75/HR – – – – – Sub‐grantee contracts with a 3rd party Sub‐grantee submits voucher to SHSO at the $125/HR Sub‐grantee submitted false invoices from sub‐contractors Formal complaint by a sub‐contractor Audit and forwarded to OIG for further investigation OTHER EXAMPLES OF FRAUD (CONTINUED) CONTRACTOR FRAUD SHSO contracted with non‐profit agency and individuals to do outreach, presentations and training. Contractor submitted false vendor invoices SHSO accountant identified inconsistencies State investigation uncovered numerous fraudulent issues – Two individuals indicted for felony theft, filing false public records and payroll fraud – State to reimburse $265,000 to NHTSA – Contractors submitted false activity reports for work that did not occur First contractor discovered by anonymous tip State investigation broadened to other contractors Four individuals indicted for felony theft, filing false public records and payroll fraud State to reimburse $89,000 to NHTSA OTHER EXAMPLES OF FRAUD (CONTINUED) LAW ENFORCEMENT – IMPROPER REIMBURSEMENTS SHSO provided overtime dollars to a law enforcement agency – Chief used the funds to cover gaps in the department’s general operating expenses – Audit resulted from an anonymous tip – State investigation found 281 discrepancies. – State to reimburse $45,664 to NHTSA Lack of Training to Supervisor and Officers Training Grant Management Prevention FRAUD RISK FACTORS: MANAGEMENT/INTERNAL CONTROLS Two of the most common contributing factors: – Lack of communication regarding program management. – Lack of supervision in grant procedures. FRAUD RISK FACTORS: INTERNAL CONTROL WEAKNESSES LAW ENFORCEMENT GRANTS Lack of training to supervisors and officers: – Failure to emphasize the unique conditions of specific grant programs in recruitment and in-service courses. FRAUD RISK FACTORS: INTERNAL CONTROL WEAKNESSES LAW ENFORCEMENT GRANTS Lack of supervision in grant procedures: – Failure to provide oversight during overtime patrols. – Absence of a time and attendance quality control check that can easily identify log sheet falsification. HOW DO INVESTIGATIONS HAPPEN? Formal Complaints Anonymous Tips Investigating Agency OIG FBI State Auditor or Internal Auditor District Attorney Considerations Magnitude and Scope Duration, Number of instances Building Supervision into Grant Procedures Effective Grant Activity Monitoring Fraud Awareness and Financial Stewardship Important Responsibility A great partnership Spread the word Fraud Awareness and Financial Stewardship Fraud was detected only in a small sample of departments but the investigation is expanding to additional regions. Fraud is not limited to enforcement grants. The ability to detect, prevent and respond to fraud is very important. WHAT CAN GRANTEES DO! Read your grant agreement and your terms and conditions in your grant. Maintain written correspondence with OTS about any program or budget changes. Keep well-organized and complete accounting books and records Fraud Awareness and Financial Stewardship QUESTIONS? California Office of Traffic Safety LEL Contacts Ed Gebing Law Enforcement Liaison Northern California Region (916) 509-3027 Ed.Gebing@ots.ca.gov Bill Ehart Law Enforcement Liaison Southern California Region (916) 509-3028 Bill.Ehart@ots.ca.gov 93 OTS Regional Coordinator Contact information is available at http://www.ots.ca.gov 2208 Kausen Drive, Suite 300 Elk Grove, California 95758 916-509-3030 94 2012-2013 Sobriety Checkpoint Grant Program Pre-Operational Training: Contractual and Claim Requirements By the University of California, Berkeley Safe Transportation Research and Education Center October – November 2012 96 Agenda Grant contract On-line reporting of post-operational data Due dates (post-operational data) Claims Due dates (claims) Fact Blasts SafeTREC contacts 97 Your Grant Contains Instructions for Filing Claims with SafeTREC • The signatory page shows who can sign claims • Schedule A contains the Method of Procedure, Agency Objectives and Media Objectives which, if followed, ensures that your agency will remain in compliance throughout the grant period 98 Your Grant Contains Instructions for Filing Claims with SafeTREC •Schedule B contains the limits for reimbursements •Schedule B-1 contains instructions for submitting a complete claims package 99 You Must Submit Operational Data to Be Reimbursed • Post-operational data must be reported on-line after the applicable quarter • SafeTrec will email instructions for reporting the operational data • Each agency will have a unique log-in and password • Agencies will be notified when the reporting system becomes available in January 100 Due Dates for Post-Operational Data Submit post-operational data on-line by: • January 25, 2013 for checkpoints conducted October – January 1 (Quarter 1) • April 30, 2013 for checkpoints conducted January 2 – March 31 (Quarter 2) • July 31, 2013 for checkpoints conducted April 1 – June 30 (Quarter 3) • September 24, 2013 for checkpoints conducted July 1 – September 2 (Quarter 4) (For checkpoints conducted September 2-30, please submit data by October 31) 101 IMPORTANT: How to ensure a smooth claims process • • Coordinate with the finance department to create a project code/account in the city’s general ledger as soon as possible The finance department must generate a ledger report(s) to support each claim (Excel spreadsheets only will not suffice) *The ledger report should support the claim amount. If the report does not match, please provide an explanation or it will significantly delay the reimbursement process. 102 How to ensure a smooth claims process • Use the Excel-based claim form for the 20122013 Sobriety Checkpoint Program • Only SafeTREC can modify the claim form • The claim form will be available in January at: http://safetrec.berkeley.edu/checkpointgrants/2 012_2013checkpoint.html Typed or handwritten claims will not be accepted! 103 Not to Exceed Contractual Amounts (Part 1) Your agency cannot exceed the: Grant award amount (grant signature page and Schedule B) Maximum reimbursable amount for checkpoint supplies (Schedule B), if applicable 104 Not to Exceed Contractual Amounts (Part 2) Your agency should abide by the cost per checkpoint contractual amount; however, with prior authorization, your agency can exceed the cost per checkpoint as long as the agency completes all contractually obligated checkpoints. Prior authorization can be obtained by completing the Cost per Checkpoint Exception form. 105 How to complete a claim Complete these worksheets: o Agency Info worksheet (one time only) o Claim Details for the applicable quarter o Checkpoint Supplies Details worksheet, if applicable The claim form for the quarter will be populated automatically 106 How to complete a claim Use the same Excel workbook (spreadsheets) throughout the grant period because: • The Agency Information populates all quarters’ claims • The amounts claimed are carried forward from one quarter to the next 107 Filling in the Agency Info Worksheet • Use the address listed in Box C of the grant contract, i.e., the Agency Authorized to Receive Payments (notify SafeTREC if the address has changed) • SafeTREC will email the purchase order number 108 Filling in the Agency Info Worksheet • Fill in all requested dollar amounts so the formulas programmed into the spreadsheets will work! • Obtain the amounts from the grant contract document 109 See Sample Claim Handout 110 Requirements for FY 2013 Claims • Break out overtime benefits for each individual, excluding contract cities • Provide “unburdened” overtime costs, i.e., without benefits • Ledger reports must support the claimed amount 111 Requirements for FY 2013 Claims • Complete a Checkpoint Supplies Form, if applicable • Ledger reports must show expenditures for checkpoint supplies 112 IMPORTANT • ONLY OTS-approved checkpoint supplies will be reimbursed. If your agency would like to purchase an item(s) that would be invaluable to the checkpoint and is not on the OTS-approved list, your agency will need to contact SafeTREC for email approval. Prior approval must be obtained before the item is purchased or the supply cost will be disallowed. 113 Checkpoint Supplies Form See Sample Claim Handout 114 Completing the Claim Obtain the correct signature: – Anyone who signed in Boxes B or D on the grant document can sign the claim form – If the Authorizing Official changes, complete the Change in Authorizing Official form – To add another signatory, complete the Additional Signatory form *Please make sure that the signature is original (Copies or stamped signatures are not allowed) 115 After Completing the Claim, Submit the Claims Package • • • • • Claim Claim Details Checkpoint Supplies Form, if applicable Overtime (OT) slips Expenditure (or equivalent ledger) report supporting the claim amount • Checkpoint supplies invoices/receipts from the vendor (should include tax) • Cost per Checkpoint Exception Form, if applicable 116 The Claims Package for Contract Cities is Different • Contract cities, excluding those agencies where the sheriff’s department is administering the grant, must also provide: – Invoice from the sheriff’s department to the contract city for grant related services – The invoice (or attachment) must contain the contract rates that are the basis for the sheriff’s department’s invoiced amount 117 Overtime Slips Must be Complete • Signed by the employee and supervisor (stamped signatures are not acceptable) • Annotated, e.g., Sobriety Checkpoint Program, DUI Grant, or a finance dep’tdesignated number • Show the start time, end time, and number of overtime hours • Show the checkpoint date 118 119 Overtime Slips Must be Complete • Any missing information on an OT slip will disqualify that slip The overtime cost of the hours on disqualified OT slip (s) will be subtracted from the claim amount!! 120 Electronic Timesheet System • If your agency uses an electronic timesheet system, then submit the timesheets with a supervisor signature on the front of the packet to certify the overtime hours were worked 121 What Costs Are Allowable • Actual overtime cost for checkpoint operation(s) • Benefits accrued to overtime hours, e.g., Social Security, Workers Compensation, Medicare, state-run disability, unemployment insurance • Costs of OTS-approved checkpoint supplies at or below OTS-set unit prices, if applicable 122 What About Administrative Personnel • Administrative/clerical personnel are allowable only if they worked on the checkpoint operation, e.g., to process the larger than normal volume of citations and arrest/incident reports. These reports must be a result of the operation and required to be processed quickly for distribution to the courts and the District Attorney's Office, or to meet statutory time limits. Clerical overtime incurred before the checkpoint or more than one business day after the last day of the checkpoint is not allowable 123 What Costs Are NOT Allowable • Indirect costs • Contractual costs, e.g., the cost of a contract dispatcher (does not apply to contract city arrangements) • Checkpoint supplies that are not OTSapproved • Amounts of checkpoint supplies paid in excess of OTS-set unit prices 124 What Costs Are NOT Allowable • Retirement, vision insurance, life insurance, dental insurance, overhead fees, and other benefits that are not accrued to overtime hours • Meal allowances and uniform allowances 125 What Costs Are NOT Allowable • Unexpended funds cannot be transferred for use from one checkpoint operation to another without prior authorization 126 To be Reimbursed You Must • Report your post-operational data on-line • Submit the press release(s) • Mail in a complete claims package Emailed/faxed claims are not accepted because we need the original signature 127 Claims Due Dates February 15, 2013 for Quarter 1 Claim May 15, 2013 for Quarter 2 Claim August 15, 2013 for Quarter 3 Claim October 31, 2013 for Quarter 4 Claim (Be aware of your city’s ledger/invoice administrative process timetable when planning checkpoints in Quarter 4) Don’t submit claims for $ 0 !! 128 Fact Blasts Fact Blasts contain important information that pertains to the Sobriety Checkpoint Program and your agency will receive them throughout the grant cycle. Please read each Fact Blast thoroughly. 129 SafeTREC Contacts Adrienne Moore SafeTREC 2614 Dwight Way, #7374 Berkeley, CA 94720-7374 (510) 643 – 7625 (510) 643 – 9922 (fax) almoore@berkeley.edu Olivia Pavelchik SafeTREC 2614 Dwight Way, #7374 Berkeley, CA 94720-7374 (510) 643 – 6556 (510) 643 – 9922 (fax) obpavel@berkeley.edu SafeTREC web site: www.safetrec.berkeley.edu General inquiries: checkpoint@berkeley.edu FY 2013 Sobriety Checkpoint Mini Grant web site: http://safetrec.berkeley.edu/checkpointgrants/2012_2013checkpoint.html 130 California Office of Traffic Safety (OTS) Contacts Ed Gebing Law Enforcement Liaison Northern California Region (916) 509-3027 ed.gebing@ots.ca.gov Bill Ehart Law Enforcement Liaison Southern California Region (916) 509-3028 bill.ehart@ots.ca.gov 131 OTS Regional Coordinator Contact information is available at http://www.ots.ca.gov 132 OTS Regional Coordinators For Information about General Traffic Safety Grants Contact information is available at http://www.ots.ca.gov 2208 Kausen Drive, Suite 300 Elk Grove, California 95758 916-509-3030 133