C~ .~'~ ~~ c%,~ I COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson MEETING DATE: August 22, 2005 OFFICE: Commissioner, Pct. 4 TIME PREFERRED: SUBJECT: Consider and discuss procedures for the paying and reporting of expenditures involving penalties, fees, interest or other costs associated with late payment or other administrative system failures. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct., 4 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 9ei August 2005 County Judge and Commissioners In the Commissioners' Court meeting held on July 11, 2005 the County Treasurer reported a $538.38 late payment fee to TCDRS due to missing a reporting deadline in Apri12005. This issue surfaced when the County Judge received a copy of the notice of the fee assessment from TCDRS. In that meeting we also learned that late reporting fines and interest had been paid for the months of January, February and September of 2002. The 2002 expenditures were not reported to Commissioners' Court by the County Judge or the County Treasurer. The net result of these four transactions is that more than $2,000 in county funds were spent without Commissioners' Court knowledge or approval. These unauthorized expenditures may be an anomaly in accountability present only in the Treasurer's Office or it may be there is a potential for other Kerr County functions to make such unauthorized expenditures with out Commissioners' Court knowledge. I propose a court order requiring such expenditures to be reported to the Commissioners' Court. ~~~ij"1~~`~~ Dave Nicholson #q~/' V February 27, 2002 The Honorable Barbara Nemec Ken County Treasurer 700 Main St Rm 118 Kerrville, TX 78028 Re: Penalty for Late Reporting Dear Ms. Nemec: TCDRS received Kerr County's report for the month of January 2002 on February 26, 2002. This report was due by January I5, 2002. As a result, your subdivision has incurred an administrative fee of $500, plus interest from the due date at the annual rate of 12 percent on all unpaid amounts. The total penalty due, including both the administrative fee and interest charges, is $824.18. The details of the penalty calculation are shown on the enclosed attachment. The total penalty amount should be remitted to TCDRS along with the remittance coav of this letter. The payment for the penalty should not be combined with any other funds remitted to TCDRS. A copy of the TCDRS Act Section 845.407 and the adopted administrative rules §107.6 and §107.7 is enclosed. If you have any questions or need assistance in this matter, please contact me by email at bill@tcdrs.org or by phone at 1.800.823.7782, ext. 232. Sincerely, Bill Wendlandt Manager, Subdivision Accounts & Business Services CERTIFIED MAIN RETURN RECEIPT 7001 1140 0001 0512 5198 ~~ ~~! March 27, 2002 The Honorable Barbara Nemec Ken County Treasurer #232 700 Main St Rm 118 Kerrville, TX 78028 Re: Penalty for Late Reporting Deaz Ms. Nemec: TCDRS received Kerr County's report for the month of February 2002 on Mazch 19, 2002. This report was due by Mazch 15, 2002. As a result, your subdivision has incurred an administrative fee of $500, plus interest from the due date at the annual rate of 12 percent on all unpaid amounts. The total penalty due, including both the administrative fee and interest chazges, is $614.43. The details of the penalty calculation are shown on the enclosed attachment. The total penalty amount should be remitted to TCDRS along with the remittance conv of this letter. The payment for the penalty should not be combined with any other funds remitted to TCDRS. A copy of the TCDRS Act Section 845.407 and the adopted administrative rules § 107.6 and § 107.7 is enclosed. If you have any questions or need assistance in this matter, please contact me by email at bill@tcdrs.org or by phone at 1.800.823.7782, ext. 232. Sincerely, il-S6SZ~L Bill Wendlandt ue Buie 'w pue a Manager, Subdivision Accounts & Business Services ~ ayi y~ sad eses ' !d;iew ay; a43 of e aniax~ CERTIFIED MAIL RETURN RECEIPT 7001 1140 0001 0512 5297 w 'ay;pac 'tie;sod ai ie pue a;a .,d o7 pay 3!1!L'ap 4 !!ew !euq i ao peW s: s~caF o, TCDRS TEXAS COUNTY 8: DISTRICT RETIREMEM SYSTEM Post Office Box 2034 Ausfin, -texas 78768-2034 got MoPac south Barton teaks N, Suita 500 Ausfin, -texas 787465784 Tel 800.623.7782 512.328.8889 Fax 512.328.8887 www.Rdrs.org BOARD OF TRUSTEES bhn MoslaR, Chairman Chief Appraiser Tarrant County Appraisal District Kathy Rewes, lfice-chorrar Tax Assessor{oilecror Midland County Charbne A Carey County Auditor Pecos County Vicror Cam7b County Judge Taylor County Marlho Guslavsen County Treosurer Monfgornery County Mara, ut~ DireUOr Denton County Adult Probation Steve Radack County Commissioner Harris County Amador E. Reyna Chief Appraiser Hardin County Appraisal Dishict bFtn c. wily County Judge Brazoria County STAFF Ray Henry Director October 23, 2002 The Honorable Bazbaza Nemec Ken County Treasurer 700 Main St Rm 118 Kerrville, TX 78028 Re: Penalty for Late Reporting Dear Honorable Nemec: TCDRS received Kerr County's report for the month of September 2002 on October 16, 2002. This report was due by October 15, 2002. As a result, your subdivision has incurred an administrative fee of $500, plus interest from the due date at the annual rate of 12 percent on all unpaid amounts. The total penalty due, including both the administrative fee and interest chazges, is $530.38. The details of the penalty calculation are shown on the enclosed attachment. The total penalty amount should be remitted to TCDRS along with the remittance cove of this letter. The payment for the penalty should not be combined with any other funds remitted to TCDRS. A copy of the TCDRS Act Section 845.407 and the adopted administrative rules § 107.6 and § 107.7 is enclosed. If you have any questions or need assistance in this matter, please contact me by email at jenniferb@tcdrs.org or by phone at 1.800.823.7782, ext. 266. Sincerely, 1(rX~ ,~I , J''v/ ~~!l~IA.~,W'C V J fer L. Brown Manager, Subdivision Accounts CERTIFIED MAIL RETURN RECEIPT 7001 1140 00010512 7239 cc: Head of Governing Board 1 Pau11. wRiams Investment Officer -~ ~2~`" DQa t- _'4, '005 The Honorable Barbara Nernec Kerr County Treasurer 700 Main Ste 104 (Bsmt) Kerrville, TX 78038 Re: Late Reporting Penalty Dear Ms. Nemec, rn,t ocs« fio: 2034 Austin, 7X 787b8-2034 (512)328-8889 800-823-7782 Fax: (512) 328-8887 w+vw.tcdrs.org TCDRS received Kerr Count}~s report for the month of Apri12005 on May 17, 2005. This report was due by May 16, 2005. As a result, your county/district has incurred an administrative fee of $500, plus interest from the due date at the ammual rate of 12 percent on all unpaid amounts. The toed penalty due, including both the adnwvstrative fee and interest charges, is $538.38. The details of the penalty calculation are shown on the enclosed attachment. The total penalty amount should be remitted to TCaRS along with the remittance copy of this letter. If payment is not received by TCDRS within three months after date notice, the retirement system shall deduct the penalty from the subdivision's account in the subdivision accumulation fund. The payment for the penalty should not be combined with any other funds remitted to TCDRS. A copy of the T®RS Act Section 845.407 and the adopted adnnistrative rules §107.6 and §107.7 is enclosed. II you have any questions or need assistance in this matter, please contact me by email at jenniferb@tcdrs.org or by phone at 1.800.823.7782, ext. 266. Sincerely, r ~~ ~~ e er L. rown ager, Employer Accounting &Financial Services CERTIFIED MAIL RETURN RECEIPT 7001 1140 00010513 3872 cc: Head of Governing Board Roard bkmbcn 1Ldxrt A. Eckcls Clmirmar~ An,ador E. 14cna u...r•r.,.._.__.. Icrrc V. Bieham Daniel R Haggcrev Mitch Liles Boh Willis