HomeMy WebLinkAboutM-22-463 - Agreement with District Attorney.pdf M-22-463
1 INTER-DEPARTMENTAL AGREEMENT
2 THIS INTER-DEPARTMENTAL AGREEMENT is made and entered into this day of
3 OCz0114--r 2022, by and between the COUNTY OF FRESNO DEPARTMENT OF SOCIAL
4 SERVICES, hereinafter referred to as "DSS" and the COUNTY OF FRESNO DISTRICT ATTORNEY,
5 hereinafter referred to as "DA", both separate departments of the COUNTY OF FRESNO.
6 WITNESSETH:
7 WHEREAS, DSS and DA have a need for coordination for investigations of Welfare fraud;
8 WHEREAS, DSS and DA also have a need for coordination for prosecution of crimes against DSS
9 CaIWORKs and CalFresh programs;
10 WHEREAS, DSS and DA are willing and able to coordinate any investigation of Welfare fraud and
11 prosecution of crimes against DSS CaIWORKs and CalFresh programs; and
12 WHEREAS, DA has the facilities, equipment, and personnel skilled in the provision of such
13 services,
14 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto
15 agree as follows:
16 1. OBLIGATIONS
17 A. DA agrees to provide all services as specified in this Inter-Departmental
18 Agreement and as set forth in Exhibit A, "Summary of Services", attached hereto and by this reference
19 incorporated herein and made part of this Inter-Departmental Agreement.
20 B. DSS may request additional services from DA, which are not otherwise
21 provided for in this Inter-Departmental Agreement, in writing, which DA, at its sole discretion, may
22 choose to provide. If DA is unable to provide said additional services to DSS when requested, DA shall
23 provide written notification, with justification or reason for declination of services, within five (5) days to
24 DSS. Compensation for any such additional services shall be mutually agreed upon and provided within
25 the scope of this Inter-Departmental Agreement as determined by the DA, or designee, and DSS
26 Director, or designee, unless DA and DSS agree otherwise in writing.
27 2. TERM
28 The term of this Inter-Departmental Agreement shall commence on July 1, 2022 through
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1 June 30, 2023. It may be extended for one (1) additional twelve (12) month period upon the approval of
2 both parties no later than thirty (30) days prior to the first day of the twelve (12) month extension period.
3 The DSS Director, or designee, is authorized to execute such a written approval on behalf of DSS based
4 on the DA's satisfactory performance.
5 3. TERMINATION
6 A. Non-Allocation of Funds -The terms of this Inter-Departmental Agreement, and the
7 services to be provided hereunder, are contingent on the approval of funds by the appropriating
8 government agency. Should sufficient funds not be allocated, the services provided may be modified, or
9 this Inter-Departmental Agreement terminated, at any time by the DSS Director or designee by giving the
10 DA thirty (30) days advance written notice.
11 B. Breach of Contract- DSS may immediately suspend or terminate this Inter-
12 Departmental Agreement in whole or in part, where in the determination of the COUNTY there is:
13 1) An illegal or improper use of funds;
14 2) A failure to comply with any term of this Agreement;
15 3) A substantially incorrect or incomplete report submitted to the COUNTY;
16 4) Improperly performed service.
17 C. Without Cause - Under circumstances other than those set forth above, this Inter-
18 Departmental Agreement may be terminated by either party upon the giving of thirty (30) days advance
19 written notice of an intention to terminate. However, termination of this Inter-Departmental Agreement
20 shall not affect any active case services pursuant to this Inter-Departmental Agreement, which shall be
21 handled to their conclusion by DA.
22 4. COMPENSATION
23 DA agrees to receive compensation for actual services provided pursuant to Section One
24 (1) of this Inter-Departmental Agreement and as identified in Exhibit B, "Budget Summary", attached hereto
25 and by this reference incorporated herein and made part of this Inter-Departmental Agreement. Annual
26 compensation is comprised of a One Million Eight Hundred Thousand and No/100 Dollar ($1,800,000)
27 base plus the previous fiscal year Fraud Recovery Incentive DSS receives from the State of California.
28 Compensation for services provided from July 1, 2022 through June 30, 2023 is
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1 comprised of the base and the Fiscal Year 2021-2022 Fraud Recovery Incentive received by DSS from
2 the State of California. Compensation for services provided from July 1, 2023 through June 30, 2024 is
3 comprised of the base and the Fiscal Year 2021-2022 Fraud Recovery Incentive. Upon release of the
4 Fiscal Year 2022-2023 Fraud Recovery Incentive, DSS will provide written notice informing the DA of
5 the new maximum compensation amount for Fiscal Year 2023-24. The DA agrees to provide a revised
8 budget within 30 days of receiving the written notice from DSS.
7 The cumulative total of this Inter-Departmental Agreement is Four Million Twenty Three
8 Thousand Seven Hundred Fourteen and No/100 Dollars ($4,023,714) and may be adjusted based on
9 Fraud Recovery Incentives received. For the period of July 1. 2022 through June 3O. 2D23. iOnoevent
10 shall actual compensation under this Inter-Departmental Agreement be in excess of Two Million Eleven
11 Thousand Eight Hundred Fifty-Seven and No/1OO Dollars ($2.O11.857). For the period of July 1. 2O23
12 through June 30, 2024, compensation under this Inter-Departmental Agreement shall be Two Million
13 Eleven Thousand Eight Hundred Fifty-Seven and No/100 Dollars ($2,011,857) and may be adjusted
14 based PO Fraud Recovery Incentives received.
15 It is understood that all expenses incidental to DA's performance of services under this
16 Inter-Departmental Agreement shall be borne by DA, including but not limited to any and all personnel,
17 equipment and supplies required iD the performance of these services. |f the OA should fail tocomply
18 with any provision of the Inter-Departmental Agreement, DSS shall be relieved of its obligation for
19 further compensation. Any compensation which ianot expended by the [A pursuant tothe terms and
20 conditions of this Inter-Departmental Agreement shall automatically revert to DSS.
21 5' INVOICING
22 A. OA shall request reimbursement from DSS based on actual expenditures and
23 submit an invoice quarterly via email to: daeinxoices@fr m��DoCoun�y���gov. by the 15 of the month
24 following for the prior quarter's expenditures. Prior to submission to DSS, the invoice aho|| be reviewed,
25 oppnoved, and signed by a DA representative who is authorized to certify actual services were
26 performed and reimbursement requests represent oCtu@| costs. Requests for payment shall include
27 supporting pnog[annnnmtio and financial documentation with information including but not limited to
28 quarterly activity reporte, a year-to-date m1otemeDt, and a summary of charges which OA is seeking
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1 reimbursement with back-up documentation as determined appropriate by DSS for the period(s) during
2 which costs were incurred.
3 B. Quarterly Activity Reports shall be submitted by the DA to DSS by the 151h of the
4 month following for the prior quarter's expenditures. DA shall also furnish to DSS such statements,
5 receipts, reports, data, support documentation and other information as DSS may request pertaining to
6 matters covered by this Agreement.
7 C. Reimbursement for services rendered under this Inter-Departmental Agreement
8 shall not be made until said invoices with supporting documentation, and an activity report, as identified
9 hereinabove, are received and reviewed by DSS. If the invoice is incorrect or is otherwise not in proper
10 form or substance, DSS shall have the right to withhold payment as to only that portion of the invoice
11 that is incorrect or improper. Payments by DSS shall be in arrears for services provided during the
12 preceding quarter, within forty-five (45) days after receipt and verification of DA's invoice by DSS. Upon
13 receipt, verification, and approval of the submitted invoice and requested documentation, DSS shall
14 process said invoice for payment to DA.
15 D. Once the invoice has been approved for payment by DSS, DSS shall prepare an
16 Inter-Department Journal Voucher to reimburse DA for actual expenditures. The Inter-Departmental
17 Journal Vouchers shall be subject to County, State, and Federal audits.
18 E. All costs shall be supported by properly executed payrolls, time records, invoices,
19 vouchers, orders or other accounting documents pertaining in whole or in part to this Inter-Departmental
20 Agreement and shall be clearly identified and readily accessible. The support documentation must
21 indicate the line item budget account to which the cost is charged, if applicable.
22 6. MODIFICATION
23 A. Any matters of this Inter-Departmental Agreement may be modified from time to
24 time by the written consent of DA, or designee, and DSS Director, or Designee, without, in any way,
25 affecting the remainder.
26 B. The DA hereby agrees that changes to the compensation under this
27 Inter-Departmental Agreement may be necessitated by a reduction in funding from State and/or Federal
28 sources. COUNTY's DSS Director or designee may modify the maximum compensation depending on
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I State and Federal funding availability, as stated in Section Four (4) in this Inter-Departmental
2 Agreement. The DA further understands that this Inter-Departmental Agreement is subject to any
3 restrictions, limitations or enactments of all legislative bodies which affect the provisions, term, or
4 funding of this Inter-Departmental Agreement in any manner.
5 7. NON-ASSIGNMENT
6 The DA shall not assign, transfer or sub-contract this Inter-Departmental Agreement nor
7 their rights or duties under this Inter-Departmental Agreement without the prior written consent of the DSS
8 Director or designee.Any transferee, assignee, or subcontractor will be subject to all applicable provisions
9 of this Inter-Departmental Agreement, and all applicable State and Federal regulations. The DA shall be
10 held primarily responsible by DSS for the performance of any transferee, assignee, or subcontractor unless
11 otherwise expressly agreed to in writing by DSS. The use of subcontractor by the DA shall not entitle the
12 DA to any additional compensation than is provided for under this Inter-Departmental Agreement.
13 8. NON-DISCRIMINATION
14 During the performance of this Inter-Departmental Agreement the DA shall not unlawfully
15 discriminate against any employee or applicant for employment, or recipient of services, because of ethnic
16 group identification, gender, gender identity, gender expression, sexual orientation, color, physical disability,
17 mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
18 creed, pursuant to all applicable State of California and Federal statutes and regulations.
19 9. CONFIDENTIALITY AND SECURITY
20 All services performed by the DA under this Inter-Departmental Agreement shall be in
21 strict conformance with all applicable Federal, State of California, and/or local laws and regulations
22 relating to confidentiality. The DA shall require its employees, agents, officers and subcontractors to
23 comply with the provisions of Sections 10850 and 14100.2 of the Welfare and Institutions Code, as well
24 as the California Department of Social Services (CDSS) Manual of Policies and Procedures, Division
25 19-0000 and the California Department of Health Care Services (DHCS) Medi-Cal Eligibility Procedures
26 Manual, Section 2H. These Code sections provide that:
27 A. All applications and records concerning any individual made or kept by any public
28 officer or agency in connection with the administration of any provision of the Welfare and Institutions
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1 Code relating to Medicaid or any form of public social services for which grants-in-aid are received by
2 the State of California from the United States government shall be confidential, and shall not be open to
3 examination for any purpose not directly connected with the administration of such public social
4 services.
5 B. No person shall publish, disclose or use or permit or cause to be published or
6 disclosed any list of persons receiving public social services, except as is provided by law.
7 C. No person shall publish, disclose, or use or permit or cause to be published,
8 disclosed or used any confidential information pertaining to an applicant or recipient, except as is
9 provided by laws.
10 The DA shall inform all of its employees, agents, officers and subcontractors of the above
11 provisions and that any person knowingly and intentionally violating such provisions is guilty of a
12 misdemeanor.
13 In addition, the DA, its employees, agents and officer shall comply, and require all of its
14 subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and Security Agreement between the
15 California DHCS and the County of Fresno that is then in effect, and (2) the Privacy and Security
16 Agreement between the CDSS and the County of Fresno that is then in effect, both of which together
17 shall be referred to as "the Agreements" and are incorporated herein by this reference. The current
18 versions of both the DHCS and CDSS Privacy and Security agreements are available upon request or
19 can be viewed at: http://www.co.fresno.ca.us/MediCalPrivacy/. The DA shall ensure that all personally
20 identifiable information (PI I), as defined in the Agreements, concerning program recipients shall be kept
21 confidential and shall not be opened to examination, publicized, disclosed, or used for any purpose not
22 directly connected with the administration of the program. The DA shall use appropriate administrative,
23 physical, and technical safeguards to protect PI I, as set forth in the Agreements. Upon discovery of a
24 breach, security incident, intrusion, or unauthorized access, use, or disclosure of PII, the DA shall
25 immediately report the incident to the COUNTY by E-mailing at
26 dssprivacyincident@fresnocountyca.gov. The DA shall certify that all employees, agents, officers and
27 subcontractors have received privacy and security training before accessing any PH and have received
28 refresher training annually, as required by the Agreements.
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1 10. CHANGE OF LEADERSHIP/MANAGEMENT
2 In the event of any change in the status of the DA's leadership or management, the DA shall
3 provide written notice to DSS within thirty (30) days from the date of change. Such notification shall include
4 any new leader or manager's name, address and qualifications. "Leadership or management" shall include
5 any employee, member, or owner of DSS a) directs individuals providing services pursuant to this Inter-
6 Departmental Agreement, b) exercises control over the manner in which services are provided, or c) has
7 authority over the DA's finances.
8 11. RECORDS
9 The DA shall assume responsibility for maintaining detailed records to support its
10 invoices to DSS for services provided under this Inter-Departmental Agreement. DA shall provide DSS
11 with access to said records for audit purposes. Furthermore, the DA shall retain said records for a
12 minimum of five (5) years following the expiration of this Inter-Departmental Agreement. In the event of
13 any outstanding State of California or Federal audits or exceptions, the DA agrees to retain its records
14 until such audits and exceptions are finalized.
15 12. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
16 The DA, its officers, consultants, subcontractors, agents, and employees shall comply with
17 all applicable State, Federal, and local laws and regulations governing projects that utilize Federal Funds.
18 13. RELATIONSHIP OF PARTIES
19 It is understood that this is an Inter-Departmental Agreement by and between two (2)
20 separate departments of the County of Fresno and is not intended to and shall not be construed to create a
21 relationship of agent, servant, employee, partnership,joint venture or association. The provisions of this
22 Inter-Departmental Agreement are severable. The invalidity or unenforceability of any one provision in the
23 Inter-Departmental Agreement shall not affect the other provisions.
24 14. ENTIRE INTER-DEPARTMENTAL AGREEMENT
25 This Agreement, including all Exhibits, constitutes the entire Inter-Departmental Agreement
26 between the DA and DSS with respect to the subject matter hereof and supersedes all previous
27 agreements, negotiations, proposals, commitments, writings, advertisements, publications, and
28 understandings of any nature whatsoever unless expressly included in this Inter-Departmental Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Inter-Departmental Agreement as
2 of the day and year first hereinabove written.
3
4 ATTEST:
5 COUNTY OF FRESNO COUNTY OF FRESNO
DEPARTMENT OF SOCIAL SERVICES DISTRICT ATTORNEY
6 �!
By: By:
8 Sanja K, a ugay,;Director Lisa A. mit 'a p, District ttorney
9 ��
Date: 7 2✓ Date:
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Fund/Subclass: 0001/10000
16 ORG No.: 56107001
Account No.: 7295
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Exhibit A
Page 1 of 5
COUNTY OF FRESNO
WELFARE FRAUD INVESTIGATION AND PROSECUTION
SUMMARY OF SERVICES
ORGANIZATION: COUNTY OF FRESNO DISTRICT ATTORNEY
ADDRESS: 2100 Tulare Street, Suite 1000, Fresno, CA 93721
SERVICES: Welfare Fraud Investigation & Prosecution
CONTRACT PERIOD: JULY 1, 2022 —JUNE 30, 2023
JULY 1, 2023—JUNE 30, 2024
I. SERVICE DESCRIPTION
Pursuant to California Department of Social Services (CDSS) Manual of Policies and
Procedures (MPP) 20-005.21, the County shall establish and maintain a Special
Investigative Unit (SIU) consisting of staff trained and qualified to prevent, detect, and
investigate fraud and carry out investigations of other possible criminal activity within the
purview of the County of Fresno's Department of Social Services (DSS). Pursuant to MPP
20-007.1, the SIU shall also function as a liaison between DSS and law enforcement
agencies.
Based on the above regulations, the County of Fresno District Attorney's office (DA) shall
provide to DSS the following services through this Inter-Departmental Agreement:
investigate Welfare Fraud, prosecute crimes against the DSS CalWORKs program,
prosecute crimes against the DSS CalFresh program, and investigate and prosecute other
crimes within the purview of DSS.
A. DEFINITION OF FRAUD
Pursuant to MPP 20-003, fraud exists when a person, on behalf of themselves or others,
has:
1. Knowingly, and with intent to deceive or defraud, made a false statement or
representation to obtain benefits, obtain a continuance or increase of benefits, or
avoid a reduction of aid benefits.
2. Knowingly, and with intent to defraud, failed to disclose a fact, which, if disclosed,
could have resulted in the denial, reduction, or discontinuance of benefits.
3. Accepted benefits knowing he/she is not entitled to or accepted any amount of
benefits knowing it is greater than the amount to which he/she is entitled.
4. Made statements which he/she did not know to be true with reckless disregard for
the truth for the purpose of obtaining, continuing, or avoiding a reduction or denial of
benefits.
B. GROUNDS FOR FRAUD
Pursuant to MPP 20-004, reasonable grounds for fraud exist when one or more of the
following criteria is met:
1. An overpayment/over issuance of benefits may have or has resulted from an
applicant's failure to report information pertinent to eligibility or benefits.
2. A questionable situation exists and the applicant or third party acting on behalf of the
applicant will not cooperate in providing necessary verification of information which
Exhibit A
Page 2 of 5
would affect the applicant's eligibility or the amount of benefits for which the applicant
is eligible.
3. DSS finds conflicting information which could affect the applicant's eligibility or the
amount of benefits for which the applicant is eligible, and any further action on the
part of that staff person could jeopardize the investigator's ability to investigate.
4. DSS is made aware of any situation involving the applicant that could involve
embezzlement, collusion, conspiracy, trafficking, black marketing, or any other
general program violations.
5. DSS is made aware of any situation in which the applicant may have forged, caused
the forgery of, or is using a forgery of any warrant or authorization to participate which
has been negotiated.
6. DSS receives an allegation of fraud with respect to the applicant from any
governmental agency.
7. DSS receives a complaint containing facts which allege a crime against a public
social services program may be occurring, including, but not limited to, fraud, perjury,
trafficking, or embezzlement.
II. DA RESPONSIBILITIES
The DA responsibilities shall include, but not be limited to, the following:
A. FRAUD INVESTIGATION
The DA will be responsible for case preparation, investigative duties, and criminal
prosecutions of alleged violations against the DSS CaIWORKs and CalFresh programs.
The DA will file criminal and/or civil charges when investigation(s) reveal sufficient
evidence exists of fraud. In addition, individual prosecution units shall be responsible for,
but not limited to, the following:
1. Early Fraud Prevention Unit
a) Conducting eligibility investigations.
b) Assisting with induction training of DSS Eligibility Workers relating to the Fraud
Module, subject to the availability of investigators in this unit.
c) Coordinating a quarterly diversion class with DSS in accordance with the court's
Diversion Program.
d) Investigating unreported income, asset matches, family composition, mail drop
addresses, and homeless fraud.
2. Ongoing Fraud Unit
a) Investigating unreported income, asset matches, duplicate aid (for children out of
the home), false documents, duplicate check cases, homeless fraud, unreported
persons in the home, unreported earnings, false applications, and child-care.
b) Assisting with induction training of DSS Eligibility Workers relating to the Fraud
Module, subject to the availability of investigators in this unit.
c) Investigating trafficking of CalFresh benefits.
d) Investigating fraud of cash aid issued .
e) Maintaining a $1,500 referral threshold, whereby all referrals that do not meet the
threshold will not be investigated and shall be returned to DSS monthly, or as
requested by DSS. This may be subject to change at the agreement of both parties
in writing.
f) Notifying DSS when a Disqualification Consent Agreement (DCA) is signed as a
condition of a deferred court judgement on a guilty plea, pursuant to MPP 20-352.
Exhibit A
Page 3 of 5
A DCA is an agreement between the DA and a defendant. A DCA may be used
as part of case negotiation after a case has been filed with the court, at the
discretion of the assigned prosecutor. The DA will provide a copy of the signed
DCA to DSS within 15 calendar days of the signature date, to allow DSS sufficient
time to process the DCA request and initiate the Intentional Program Violation
(IPV) disqualification penalty, per MPP 20-300.43 and 20-354.3.
3. DSS Related Investigations
Pursuant to MPP 20-007.1, the SIU will also be established and organized for the
purpose of investigating suspected violations of the law in connection with matters for
which DSS has responsibility to.
a) Internal DSS Employee Investigations
The Welfare Fraud Internal Investigations team will conduct complex and sensitive
investigations involving DSS employees that have been referred for review by
DSS. These matters may or may not lead to criminal charges being filed.
Investigations that involve DSS employees may include the fraudulent reporting of
household income, fraudulent reporting of family composition, Electronic Benefit
Transfer misappropriations, forgery, and the filing of false documentation.
Investigations involve the gathering and reporting of facts that are supported by
evidentiary documentation.
b) Contract Fraud Investigations
The Welfare Fraud Internal Investigations team will conduct investigations
involving DSS contractors or subrecipients with Agreements that have been
referred for review by DSS. These matters may or may not lead to criminal charges
being filed.
Both Internal DSS Employee and Contract Fraud Investigations regularly involve the
following:
(1) Locating and interviewing accused persons and witnesses; analyzing and
evaluating their testimony; conducting surveillance if necessary.
(2) Preparing oral and written reports, correspondence, exhibit lists, and memoranda.
(3) Conferring with the Deputy District Attorney and reporting findings; discussing the
case and any evidentiary concerns; assembling and preparing evidence for
presentation in court when applicable.
(4) Testifying in court concerning the details surrounding the investigation.
(5) Appearing as a witness in an administrative proceeding, when necessary.
B. STAFFING
Pursuant to MPP 20-007.115, each first-line supervisor and welfare fraud investigator
shall be a peace officer and meet the minimum standards established for peace officers.
Pursuant to MPP 20-007.116, the following background investigations may be
conducted:
1. Prior to appointment, each first line supervisor and welfare fraud investigator shall
have had an investigation of his/her background, to ensure that all the minimum
standards have been met.
2. The County shall maintain a file on each first line supervisor and welfare fraud
investigator, which shall consist of all information pertinent to the background
Exhibit A
Page 4 of 5
investigation and provide documentation that the minimum standards for
employment, as specified, have been met.
C. MEETINGS
The DA shall:
1. Meet with DSS, at minimum on a quarterly basis, to monitor the MOU as well as
establish and maintain a working relationship with DSS.
2. Exchange pertinent information, resolve problems, and work together with DSS to
effectively coordinate services. This will include providing regular updates to DSS on
all DSS related investigations and DSS-referred fraud cases.
D. ACTIVITY REPORTS
The DA shall:
1. Submit Monthly Activity Reports (MAR)to the DSS Staff Analyst on a quarterly basis,
as well as a copy of the DSS 466 Fraud Activity Investigation Report, and/or other
applicable state forms.
2. Forward all Reports of Investigations to the Fraud Diversion Unit on a regular basis.
E. AUDITS
The DA shall:
1. Cooperate in establishing and maintaining a vigorous, viable program of
CaIWORKS/CalFresh fraud control in Fresno County.
2. Be subject to audit and review for compliance by DSS and any agency of the State
of California or Federal government involved in the administration of this program.
3. Complete timesheets using work codes to specifically identify the time spent on
CalFresh and CalWORKs programs. All timesheets shall be retained in the District
Attorney's files for recordkeeping purposes.
F. REPAYMENTS
For all repayments which the DA has involvement, the DA shall instruct clients to make
restitution in a process approved by DSS.
G. TRAINING
The DA will provide annual Civil Rights and Privacy and Security training to DA staff in
the beginning of every calendar year and will provide relevant proof of completion to
DSS by April 1st. DA will ensure all new hires receive Civil Rights and Privacy and
Security training and proof of completion will be submitted to DSS within 30 days of their
hire. The DA agrees to provide any other additional trainings to staff as they become
required by DSS. DSS is to provide all training materials for DA staff.
III. DSS RESPONSIBILITIES:
DSS responsibilities shall include, but not be limited to, the following:
A. FRAUD REFERRALS
Pursuant to WIC 11055.5 and 18902.5, DSS shall make a referral for welfare fraud
investigation when there is reason to believe that fraud exists, regardless of the
established fraud threshold with the DA. DSS will ensure the DA is provided all relevant
information on each beneficiary under investigation or prosecution.
B. EARLY FRAUD PREVENTION GUIDELINES
Exhibit A
Page 5 of 5
Pursuant to WIC 11055.5 and 18902.5, DSS shall operate an early fraud prevention and
detection program for public aid and CalFresh benefits. Outcomes as they relate to early
fraud savings and court order collections amount will make this program cost-effective
for the County. This program shall be subject to all of the following conditions:
1. No intimidation of applicants or recipients shall occur, either by referral or threat of
referral for a fraud investigation.
2. Applicants shall not be referred for a fraud investigation until after they have
completed and signed the application for aid.
3. The referral and investigation shall not delay the receipt of aid, including immediate
need payments, for eligible applicants and recipients.
4. Uniformed investigators shall not be used by DSS for its fraud prevention program.
5. The County shall abide by the confidentiality requirements in Section 10850 and
the requirements and protections in the California Right to Financial Privacy Act
under Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the
Government Code.
IV. Performance Expectations
The DA Ongoing Fraud Unit shall accomplish the following performance expectations as
set forth and track them in the provided activity reports:
A. Review and investigate 100% of Internal DSS Employee Investigation referrals, and
B. Review and investigate 100% of DSS Contract Investigation referrals.
V. Performance Measures
The following outcomes will be reported in the MAR, DSS 466, General Planning Statistics
(GPS) report, and/or other applicable state forms as appropriate.
Outcome 1: Early Fraud Prevention Projected Savings ($1,555,000)
The Early Fraud Unit will complete investigations that result in a projected savings of
$1,555,000 per fiscal year. This will be measured by calculating the total annual savings
using the State of California's formula.
Outcome 2: Ongoing Fraud Unit's Total Court Ordered Collections Amount($350,000)
The Ongoing Fraud Unit's total court ordered collections amount will be at least $350,000
per fiscal year. This will be measured annually.
Outcome 3: Early Fraud Unit Completed Investigations
The Early Fraud Unit will investigate 850 cases during each fiscal year with at least 140
cases resulting in cost savings. The total will be measured annually. The total Early Fraud
cases processed annually is dependent upon total investigation referrals received from
DSS. Case processing will be split between 2 investigators assigned to this unit.
Outcome 4: Ongoing Fraud Unit Completed Investigations
The Ongoing Fraud Unit will complete 400 investigations during each fiscal year, filing at
least 70 cases for prosecution. This will be measured annually.
Exhibit B
Page 1 of 6
WELFARE FRAUD SUMMARY OF POSITIONS
FY 2022-23
ORGANIZATION: FRESNO COUNTY DISTRICT ATTORNEY
SERVICES: WELFARE FRAUD INVESTIGATION AND PROSECUTION
CONTRACT PERIOD: JULY 1,2022-JUNE 30,2023
NO.of REGULAR BENEFITS TOTAL SALARIES AND
JCN TITLE POSITIONS SALARIES BENEFITS
1212 Deputy District Attorney IV 1 $143,376 $112,019 $255,395
1793 Supervising DA Investigator 1 $116,343 $124,200 $240,543
1760 Senior District Attorney Investigator 4 $461,160 $440,058 $901,218
1758 Investigative Technician 1.75 $79,511 $73,938 $153,449
1261 Legal Assistant 1.25 $47,401 $42,630 $90,031
SUBTOTAL REGULAR SALARIES and BENEFITS 9.0 $847,791 $792,845 $1,640,636
TOTAL REGULAR SALARIES and BENEFITS 9.0 847,791 792,845 1,640,636
Extra Help $135,000 $135,000
Overtime $31,000 $31,000
SALARIES,BENEFITS,EXTRA HELP&OVERTIME 9.0 $1,013,791 $792,845 $1,806,636
WELFARE FRAUD BUDGET DETAIL F
FY 2022-23
ORGANIZATION: COUNTY OF FRESNO DISTRICT ATTORNEY Base allocation $ 1,800,000
SERVICES: WELFARE FRAUD INVESTIGATION AND PROSECUTION FY 21-22 incentive funds $ 211,857
CONTRACT PERIOD: JULY 1,2022-JUNE 30,2023 FY 22-23 total budget $ 2,011,857
Account No. Account Name Amount
6000 Salaries and Employee Benefits
6100 Regular Salaries $ 847,791
6200 Extra Help 135,000
6300 Overtime 31,000
6350 Unemployment Insurance 486
6400 Retirement Contribution 613,487
6500 OASDI Contribution 64,853
6550 Workers'Comp Contribution 14,237
6600 Health Insurance Contribution 98,504
6670 Benefits Administration 1,278
Total Salaries&Employee Benefits $ 1,806,636
7000 Services and Supplies
7039 Mobile Communication $ 8,000
Mobile radio network access
7101 Liability insurance 2,625
7205 Maintenance-Equipment 1,225
Maintenance/repair of office and law enforcement equipment.
7250 Memberships 735
CA State Bar dues and Investigator CDAIA
7265 Office Expenses 6,015
Routine office supplies
7268 Postage 350
Costs of mailing out statements,Barnes notices,
and W&I requirements
7269 Printing 150
7286 PeopleSoft Human Resources Charge 1,950
7287 PeopleSoft Financial Charge 2,611
7295 Professional and Specialized Services 3,500
Document Destruction;Court Reporter/Transcript Services;
Interpreters Court/Office,General Services Department(Security);
County Administration Office(Labor Distribution);Money Orders
County Personnel Department;(Legal Services);Locate(Skip Tracing);
Extraditions
WELFARE FRAUD BUDGET DETAIL F
FY 2022-23
ORGANIZATION: COUNTY OF FRESNO DISTRICT ATTORNEY Base allocation $ 1,800,000
SERVICES: WELFARE FRAUD INVESTIGATION AND PROSECUTION FY 21-22 incentive funds $ 211,857
CONTRACT PERIOD: JULY 1,2022-JUNE 30,2023 FY 22-23 total budget $ 2,011,857
Account No. Account Name Amount
7296 Data Processing Services: 29,431
Computer network access
7325 Publications and Legal Notices 500
7385 Small Tools&Instruments 2,500
Small tools for office and investigative staff
7412 Mileage _ 250
7415 Transportation,Travel&Education 10,100
Transportation,meals,and registration fees for program related in-state travel/training
7416 Transportation&Travel-Fleet 37,000
Program vehicle operation and maintenance costs
Total Services and Supplies $ 106,942
7800 Other Charges
7868 Indirect Cost(10%of total Regular and Extra Help salaries) 98,279
Total Other Charges $ 98,279
Total Appropriations $ 2,011,857
Exhibit B
Page 1 of 3
WELFARE FRAUD SUMMARY OF POSITIONS
FY 2023-24
ORGANIZATION: FRESNO COUNTY DISTRICT ATTORNEY
SERVICES: WELFARE FRAUD INVESTIGATION AND PROSECUTION
CONTRACT PERIOD: JULY 1,2023-JUNE 30,2024
NO.of REGULAR BENEFITS TOTAL SALARIES AND
JCN TITLE POSITIONS SALARIES BENEFITS
1212 Deputy District Attorney IV 1 $151,285 $120,176 $271,461
1793 Supervising DA Investigator 1 $119,794 $130,389 $250,183
1760 Senior District Attorney Investigator 4 $506,106 $501,493 $1,007,599
1758 Investigative Technician 2 $98,180 $97,811 $195,991
1261 Legal Assistant 1 $36,775 $38,669 $75,444
SUBTOTAL REGULAR SALARIES and BENEFITS 9.0 $912,140 $888,538 $1,800,678
TOTAL REGULAR SALARIES and BENEFITS 9.0 912,140 888,538 1,800,678
Extra Help $7,812 $7,812
Overtime $2,000 $2,000
SALARIES,BENEFITS,EXTRA HELP&OVERTIME 9.0 $921,952 $888,538 $1,810,490
Exhibit B
WELFARE FRAUD BUDGET DETAIL Page 6 of 6
FY 2023-24
ORGANIZATION: COUNTY OF FRESNO DISTRICT ATTORNEY Base allocation $ 1,800,000
SERVICES: WELFARE FRAUD INVESTIGATION AND PROSECUTION FY 21-22 incenive funds $ 211,857
CONTRACT PERIOD: JULY 1,2023-JUNE 30,2024 FY 23-24 total budget $ 2,011,857
Account No. Account Name Amount
6000 Salaries and Employee Benefits
6100 Regular Salaries $ 912,140
6200 Extra Help 7,812
6300 Overtime 2,000
6350 Unemployment Insurance 495
6400 Retirement Contribution 701,386
6500 OASDI Contribution 69,779
6550 Workers'Comp Contribution 14,598
6600 Health Insurance Contribution 100,966
6670 Benefits Administration 1,314
Total Salaries&Employee Benefits $ 1,810,490
7000 Services and Supplies
7039 Mobile Communication $ 8,240
Mobile radio network access
7101 Liability Insurance 2,704
7205 Maintenance-Equipment 1,262
Maintenance/repair of office and law enforcement equipment. _
7250 Memberships 735
CA State Bar dues and Investigator CDAIA
7265 Office Expenses 6,157
Routine office supplies
7268 Postage 350
Costs of mailing out statements,Barnes notices,
and W&I requirements
7269 Printing 150
7286 PeopleSoft Human Resources Charge 2,000
7287 PeopleSoft Financial Charge 2,675
7295 Professional and Specialized Services 3,500
Document Destruction;Court Reporter/Transcript Services;
Interpreters Court/Office,General Services Department(Security),
County Administration Office(Labor Distnbution),Money Orders
County Personnel Department;(Legal Services);Locate(Skip Tracing);
Extraditions
Exhibit B
WELFARE FRAUD BUDGET DETAIL Page 6 of 6
FY 2023-24
ORGANIZATION: COUNTY OF FRESNO DISTRICT ATTORNEY Base allocation $ 1,800,000
SERVICES: WELFARE FRAUD INVESTIGATION AND PROSECUTION FY 21-22 incenive funds $ 211,857
CONTRACT PERIOD: JULY 1,2023-JUNE 30,2024 FY 23-24 total budget $ 2,011,857
Account No. Account Name Amount
7296 Data Processing Services: 30,313
Computer network access
7325 Publications and Legal Notices 550
7385 Small Tools&Instruments 2,500
Small tools for office and investigative staff
7412 Mileage 250
7415 Transportation,Travel&Education 10,500
Transportation,meals,and registration fees for program related in-state travel/training
7416 Transportation&Travel-Fleet 37,486
Program vehicle operation and maintenance I costs
Total Services and Supplies $ 109,372
7800 Other Charges
7868 Indirect Cost(10%of total Regular and Extra Help salaries) 91,995
Total Other Charges $ 91,995
Total Appropriations $ 2,011,857