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HomeMy WebLinkAbout20130439.tiffJOHN HICKENLOOPER Governor ELLEN GOLOMBEK Executive Director WILLIAM B. DOWLING Director ELISE LOWE-VAUGHN Acting Director Workforce Programs DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF EMPLOYMENT AND TRAINING 633 17th Street, 71h Floor Denver, Colorado 80202-3627 January 29, 2013 William F. Garcia, Weld County Commissioner PO Box 758 Greeley, CO 80632 Dear Mr. Garcia: The Colorado Department of Labor and Employment, Workforce Development Programs (WDP) conducted the annual on -site compliance review of the Employment Services of Weld County (ESWC) from August 27 to August 30, 2012. The review encompassed Workforce Investment Act (WIA) programs, Wagner-Peyser, Employment Support Fund, Trade Adjustment Assistance Act Program (TAA) and discretionary grants for the period July 1, 2011 through June 30, 2012. The review was performed in accordance with CDLE Policy Guidance Letter # 08-18-WIA. The executive summary and final report are enclosed. ESWC's responses have been incorporated into the final report and a copy will be forwarded to the Chair of the Weld County Workforce Investment Board (Dr. Mary Freitag) and the Chair of Weld County Commissioners (William F. Garcia). We would like to thank the staff of the Weld Workforce Region for the assistance they provided to the State Workforce Monitors during all phases of the review. The staff was courteous and their professionalism during the review was notable. If you have any questions, please contact your Program Monitor, Petra Chavez at 303.318.8818 or petra.chaverstate.co.us. Sincerely, Elise Lowe -Vaughn, Acting Director Workforce Development Programs Cc: Celia Hardin, Supervisor, Workforce Development Programs Keith McNeal, CDLE Auditor 1 lrrmcaq i Cq,titi 3 //- a6i_5 2013-0439 Program Year 2011 Annual Compliance Monitoring Report Period of Review July 1, 2011 through June 30, 2012 Workforce Investment Act Wagner-Peyser Special Initiatives, Discretionary Grants And Trade Adjustment Assistance Act Final Report For Employment Services of Weld County (ESWC) January 2013 Prepared by Petra Chavez Workforce Program Monitor Colorado Department of Labor and Employment Table of Contents I. Executive Summary II. Introduction and Methodology A. Case file reviews B. Risk assessment Ill. Resolution of Previous Year Compliance Findings A. Compliance findings B. Risk assessment IV. PY11 Monitoring Results A. Definitions B. Compliance findings and Action items C. Recommendations D. Technical assistance and training V. Recognition A. Best Practices B. Acknowledgements VI. Attachments A. File review chart 2 Colorado Department of Labor and Employment Workforce Development Programs I. EXECUTIVE SUMMARY From August 27, 2012 to August 30, 2012 the Colorado Department of Labor and Employment (CDLE) conducted an annual compliance review of the Employment Services of Weld County (ESWC). Program monitors reviewed the areas of governance, administration, program and service delivery systems as they relate to the Workforce Investment Act (WIA) Title I and Wagner-Peyser (WP) Act, as well the Trade Adjustment Assistance Act (TAA) program. Best Practices, acknowledgements, and action items found in the review are summarized below. Best Practices: • Employment Services of Weld County has been noted for excellence in program performance for the State Energy Sector Partnership (SESP) Initiative. The region surpassed the target number of participants and expended all grant funds; successfully meeting and/or exceeding performance measures. • On -the -Job National Emergency Grant (OJT NEG): Employment Services of Weld County is recognized as the first region in the State of Colorado to achieve participant performance measures and to fully expend all grant funding. Collaboration between the OJT NEG and Career Ready Certificate is a noted example of excellence in leveraging resources. • Employment Services of Weld County is recognized for its successful development of its youth programs; The Weld County Youth Conservation Corps (WCYCC), Teamwork, Innovation, Growth, Hope, Training (TIGHT) and AmeriCorps. • The focus of the Sectors initiative in Weld is to focus on the Business needs; and in turn sustaining businesses and creating future job opportunities. The Sectors initiative was implemented in Weld to serve the community by encouraging sustainable manufacturing through training to reduce waste. This program increased cross -agency collaboration between Workforce, Economic Development, and Education with a focus on the employer, and in suit, to the employee. Acknowledgements: • Career Ready Certificate (CRC) is successfully leveraged with other programs. Employment Services of Weld County has served over 1000 clients and issued 861 certificates in Program Year 2011 (PY11). Action Items: Action item #1 was originally identified as a compliance finding but after further review it is clear that the incident is an exception and does not represent a pattern. Action Item #1: A $25.00 incentive payment was awarded to a participant who did not appear to meet the requirements outlined in local policy: Work Experience Placements including 3 Background Checks and Youth Incentive Policy; "for the purposes of incentives, youth must demonstrate gains by moving up one full level". The youth participant did not achieve a full level Literacy Numeracy (LN) gain (8.2-8.5); therefore, this finding results in a $25.00 questioned cost. Action Item #2: SECTORS participants were not entered into Connecting Colorado/Job Link. As a result of this action item, 47 SECTOR participants will be entered into Connecting Colorado. Program Guidance Letter (PGL) #10-02-WIA Colorado SECTORS Implementation Grants: Reporting and Evaluation states, "All grant participants are enrolled in Job Link using the grant's program code and a case file is established for each participant" (p.3). ��. INTRODUCTION AND METHODOLOGY Introduction From August 27, 2012 to August 30, 2012, the State Workforce Program Monitors with the Colorado Department of Labor and Employment (CDLE) conducted an onsite compliance monitoring review of the workforce programs operated by Weld for the program year 2011 (PY11), encompassing the date range of July 1, 2011 to June 30, 2012. This comprehensive review included the following programs: WIA Adult, Dislocated Worker, and Youth programs, Wagner-Peyser (WP), Special Projects/Grants and the TAA Program. This review was conducted in accordance with CDLE Policy Guidance Letter (PGL) #08-18-WIA which includes as attachments all the monitoring instruments to be used throughout the review. Prior to onsite monitoring, an entrance interview was conducted on August 27, 2012 with the management team from ESWC, including: Linda Perez, Ted Long, Tami Grant, Marie Llamas, Ann Stelling-Bruce and Dora Lara, and CDLE personnel: Petra Chavez, Celia Hardin, Candy Frank, Rob Hanni, Joy Major and Terri Bohannon. An exit interview detailing the findings of compliance monitoring was conducted on September 13, 2012 with the management team from ESWC, including: Linda Perez, Ted Long, Tami Grant and Marie Llamas, and CDLE personnel: Petra Chavez, Celia Hardin and Rob Hanni. Annual compliance monitoring is administered with a view towards assessing risk in key categories in order to systematically identify areas of success, as well as those in need of improvement. Monitoring and risk assessment can identify deficiencies and trends and may result in targeted training and technical assistance. Methodology A. Case File Reviews A random case file sample is generated at CDLE for each of the programs operated in the region. This file sample was sent to the region eleven calendar days before the beginning of the monitoring. WIA Programs: • Dislocated Worker: A random sample of 19 cases; • Adult: A random sample of 22 cases; and • Youth: A random sample of 19 cases. 4 Wagner-Peyser Program: • Wagner-Peyser Participant Files: A random sample of 29 files; and • Wagner-Peyser Job Orders: A random sample of 25 files. Special Initiatives: • Trade Adjustment Assistance: A random sample of 20 files; • Veterans Workforce Investment Program: A random sample of 6 files; • Career Ready Colorado (CRC): A random sample of 5 files; • Emergency Unemployment Compensation (EUC): A random sample of 6 files; • On -the -Job National Emergency Grant (OJT NEG): A random sample of 5 files; • State Energy Sector Partnership (SESP): A random sample of 10 files; and • Strategies to Enhance Colorado's Talent through Regional Solutions (SECTORS): A random sample of 10 files. B. Risk Assessment Annual compliance monitoring is conducted with a view towards assessing risk in four key categories: 1) Governance; 2) Administration, Program and Financial Systems; 3) Program Services, Delivery and Documentation; and 4) Performance Accountability. CDLE's monitoring approach is outlined in detail in PGL #08-18-WIA, and identifies two categorizations of risk, low and high. A rating of low risk generally indicates first time areas of concern or warning. A rating of high risk indicates larger systemic gaps, repeat areas of concern or warning, and a discernable pattern of shortcomings in one or more areas. Because the overarching categories encompass many parts, sub -categories were utilized to provide a targeted analysis, and clearer identification of risk. Categories where the region is found to be performing well and in compliance with Federal, State and local requirements are deemed to be no -risk. III. RESOLUTION OF PREVIOUS YEAR COMPLIANCE FINDINGS AND RISK ASSESSMENT A. Program Year 2010 (PY10) Compliance Findings There were no compliance findings identified during the PY10 review. B. Risk Assessment Last year the monitor assessed that ESWC was at limited to no risk in the implementation of Workforce Investment Act and Wagner-Peyser Programs. The monitor also found ESWC to be Low/No Risk in the implementation of Workforce Investment Act and Wagner-Peyser Programs during PY11. CDLE recognizes the efforts being made by ESWC to continuously improve and maintain its highest standards as it implements its WIA and WP programs. IV. PY11 MONITORING RESULTS A. Definition of Compliance Finding, Action Item, and Recommendation: • A compliance finding is a violation against legal or policy requirements considered to be a more prevalent problem than an individual exception to the rule. Compliance issues must be corrected (if possible) to avoid any potential repercussions or corrective actions. 5 • An action item is a specific request to make a correction to avoid the possibly of it becoming a compliance finding in the future. • A recommendation addresses an issue where there is currently no compliance finding, but a recommendation is made to improve or enhance a program or system's processes or outcomes. A workforce region is not required to implement recommendations made in the report. B. Compliance Findings and Action Items Governance: No compliance issues or actions items identified. Administration: No compliance issues or actions items identified. WIA Dislocated Worker Program: No compliance issues or actions items identified. Wagner-Peyserl Business and Job Seeker: No compliance issues or actions items identified. WIA Youth Program: Review identified 1 action item. Action Item #1: A $25.00 incentive was awarded to a participant who did not appear to meet the requirements outlined in local policy: Work Experience Placements including Background Checks and Youth Incentive Policy; "for the purposes of incentives, youth must demonstrate gains by moving up one full level". The youth participant did not achieve a full level Literacy Numeracy (LN) gain (8.2-8.5). $25 questioned cost. Employment Services of Weld County Response: Although we agree the incentive may have not met the strict interpretation of our policy for attaining a full level literacy/Numeracy gain, Employment Services contends this should not be a compliance issue based upon the definition identified within CDLE's report. That definition states: "A compliance finding is a violation against legal or policy requirements considered to be a more prevalent problem than an individual exception to the rule". There were 19 youth files reviewed under the PY 11 monitoring as well as numerous files reviewed under previous monitoring visits. This was the first time this exception was noted and therefore we would argue this incident would best be classified as an action item rather than a compliance issue. The Weld County Youth Council has subsequently reviewed the policy and has modified our local policy to include the recommendations made by CDLE during the monitoring visit. CDLE Response: Response accepted. CDLE understands that the incident is not indicative of a pattern or area of concern but CDLE will continue to monitor during annual reviews to insure compliance. Special Initiatives: The SECTORS participant files were not available for review during the onsite review as they were not entered into Connecting Colorado and files were not available. Weld County confirmed that they completed applications for each participant and a random sample of 10 files was reviewed on September 27, 2012. Action Item #2: Preliminary discussions have resulted in a consensus that the original number of SECTOR participants sited in the Expenditure Authorization will be entered into 6 Connecting Colorado. PGL #10-02-WIA Colorado SECTORS Implementation Grants: Reporting and Evaluation states, "All grant participants are enrolled in Job Link using the grant's program code and a case file is established for each participant" (p.3). CDLE requests that ESWC enter 47 participant records into Connecting Colorado based on the executed Expenditure Authorization (EA) for the grant; ESWC is in agreement. Employment Services of Weld County Response: As was discussed with CDLE monitors and Sector Project staff on numerous occasions, it was Employment Services of Weld County's understanding, and interpretation of the cited PGL, that since we did not provide any services to any unemployed workers (which would have met the common definition of a client) and were only providing sector services to manufacturing employers to meet the training needs of their incumbent workforce, the language in PGL 10-02-WIA concerning entering data on clients was not applicable. If we would have served any unemployed individuals under the initiative we certainly would have created a client file and subsequently entered information into Connecting Colorado as specified in the PGL. To facilitate tracking services provided under the Sector initiative, Employment Services and CDLE came to an agreement to enter data as specified. Employment Services will still not be able to create a "client file" per se, since under the structure of this initiative we did not have any direct contact with incumbent workers served and the extent of documentation will be limited to our locally developed Sector application which provides limited information to allow for a partial registration, and an Immigration Affidavit. No additional information was collected. As of this response, Employment Services has entered the requisite SE -08 programs code and an associated IW service on all of the individuals served to date under this initiative. We are still in the process of pulling data together as directed by CDLE to transmit information to CDLE MIS staff to enter the correct date of service since records are locked for any date prior to July 1, 2012. We anticipate this will be completed within the next couple of weeks. CDLE Response: CDLE accepts ESWC's response and will assist in entering the correct dates of services for participant records in ConnectingColorado. Performance Accountability: Performance measures and expenditure levels for PY11 are all within acceptable parameters. C. Recommendations Governance: Recommendation A: Currently ESWC does not have a Memorandum of Understanding (MOU) for the Older Worker Americans Act. PGL 08-18-WIA stipulates that as a One -stop partner, an MOU is needed for Title V Older Americans Act (Senior Community Service). Based on discussion with ESWC staff, ESWC has submitted a petition to fulfill this requirement and status is pending. It is recommended that ESWC notify their region monitor once this MOU is established. ESWC Response: Employment Services agrees with this recommendation and will continue to attempt to identify and connect with the appropriate entity to develop and MOU and agrees to notify the monitor once an MOU is established. 7 CDLE Response: Response accepted. Administration: No recommendations. WIA Dislocated Worker/Adult/Youth: Recommendation A: The Dislocated Worker review found 3 files that lacked case notes for services documented in Connecting Colorado. The dates of service occurred prior to the 12-06-WIA; Guidance on Data Integrity and the customer Participation Cycle for WIA and TAA Programs policy. It is recommended that ESWC continue to utilize their internal monitoring/review process to insure that all future participants have documented case notes for each service in Connecting Colorado. ESWC Response: Employment Services developed its Data Integrity and Customer Participation Policy in accordance with CDLE policy guidance which was issued on June 6, 2012. The discrepancies noted in this recommendation will not be an issue in the future as case notes in Connecting Colorado are now required for certain activities. CDLE Response: Response accepted. Recommendation B: The WIA Adult review also presented an issue where a hard exit is evident (participant was exited from the program without a service). Participant file lacked a case note for exit service dated 04/19/12. The date of service is prior to PGL 12-06-WIA; Guidance on Data Integrity and the Customer Participation Cycle for WIA and TAA Programs. It is recommended that ESWC continue to utilize internal monitoring/review/training processes to ensure future participant files are in compliance with PGL 12-06-WIA. ESWC Response: Employment Services agrees with this recommendation and will continue to monitor these areas as part of the Data Integrity Policy implementation in June 2012. CDLE Response: Response accepted. Recommendation C: Youth: If a participant pre-tests above grade 9 level in Literacy Numeracy (LN), a post-test is not required. If a post-test is not administered, it is recommended that the field be left blank to indicate such. First WIA Youth funded service should be performed on the registration date and should be documented, at a minimum, by case notes. ESWC Response: Employment Services agrees with this recommendation and will continue to monitor these areas. CDLE Response: Response accepted. 8 Wagner-Peyser/Business and Job Seeker Services: Recommendation D: Two participant registrations were incomplete. CDLE recognizes that it can be difficult to monitor all registrations entered into Connecting Colorado but it is recommended that internal reviews continue as a means to identify and rectify as many incomplete registrations as possible. ESWC Response: Employment Services agrees to continue to monitor these areas. CDLE Response: Response accepted. Trade Adjustment Assistance: Recommendation E: Incorrect service codes entered into Connecting Colorado may result in inaccurate outcome measures and exit dates. It is recommended that policy WIA/TAA Data Integrity and Customer Participation Cycle Policy is reviewed for clarity and that case managers receive additional training and/or guidance on this topic. ESWC Response: Employment Services developed its Data Integrity and Customer Participation Policy in accordance with CDLE policy guidance which was issued on June 6, 2012. The discrepancies noted in this recommendation are unclear as this was not discussed with staff, however CDLE staff was invited to provide training to Employment Services case managers and this training has taken place. We will continue to monitor activities to ensure they are accurate and in accordance with policy. CDLE Response: Response accepted. Recommendation F: If a participant withdraws from training then training plans must be amended or rescinded and a waiver revocation must be issued accordingly. CDLE recommends that ESWC review the WIA/TAA Data Integrity and Customer Participation Cycle Policy. ESWC Response: Employment Services agrees with this recommendation and will submit information to CDLE staff and also will continue to ensure revocations are issued by CDLE TAA staff as appropriate. CDLE Response: Response accepted. D. Technical Assistance/Training for ESWC CDLE/WDP Monitor Team staff agreed to conduct case management training for Weld WIA staff, to include the following topic areas: WIA Data Validation, exit date reporting, reporting of follow-up activity, and general compliance issue avoidance. The training occurred on September 26, 2012. Weld County is to be commended for taking proactive steps to ensure compliance with federal and state mandates. 9 V. RECOGNITION A. Best Practices • Employment Services of Weld County has been noted for excellence in program performance for the SESP Initiative. The region surpassed the target number of participants and expended all grant funds; successfully meeting and/or exceeding performance measures. • Employment Services of Weld County is recognized as the first region in the State of Colorado to achieve participant performance measures and to fully expend all grant funding. Collaboration between the OJT NEG and Career Ready Certificate is a noted example of excellence in leveraging resources. Ongoing internal quality control/internal monitoring are in place and case file notes were very comprehensive. • Employment Services of Weld County is recognized for its successful development of its youth programs; The Weld County Youth Conservation Corps (WCYCC), Teamwork, Innovation, Growth, Hope, Training) TIGHT and AmeriCorps. - The WCYCC program initially worked with at -risk youth but has evolved to educate and challenge all young adults from ages 11-24. Participating youth are exposed gain leadership and peer accountability skills in addition to the hands on experience behind the mechanics of land, water, and energy conservation. - In 2004, WCYCC began operating the TIGHT (Teamwork, Innovation, Growth, Hope, Training) program. As a partner with the Weld County Child Welfare Division, WCYCC's TIGHT crew consists of corps members ages 14-17, who are referred to the program by case managers. TIGHT specifically serves at- risk/high-risk youth and is a last alternative to out of home placement or the Department of Youth Corrections. TIGHT works closely with Child Welfare, Weld County Probation, North Range Behavioral Health, and the 19'" Judicial District to ensure that corps members are engaged in a positive and structured environment where they can work on educational achievements and healthy engagement in their communities. The AmeriCorps program offers a team -based learning experience and opportunities for developing job readiness skills such as communication, leadership, and responsibility. B. Acknowledgements • The CRC is successfully leveraged with other workforce programs. Employment Services of Weld County has served over 1000 clients and issued 861 certificates in PY11. 10 Hello