ORDER NO. 29386 LATE PAYMENTS Came to be heard this the 19th day of September 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 requiring that costs or chazges incurred or expenditares involving penalties, fees, interest, or other costs associated with late payment or other administrative system failures be reported to the Kerr County Auditor and the Commissioners Court. (-~{ ~~~ ~~ 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 OFFICE: Commissioner, Pct. 4 MEETING DATE: September 19, 2005 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on procedures for the paying and reporting of costs or charges incurred or 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. 9`s August 2005 County Judge and Commissioners: In the Commissioners' Court meeting held on July 11, 2005 the County Treasurer reported a $538.381ate 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 firm 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 Ken 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. ~~~/'1'~~ •- Dave Nicholson #~ J~~ 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 15, 2002. As a result, your subdivision has incurred an administrative fee of $500, plus interest from the due date at the annuai 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 cony 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 MAIL RETURN RECEIPT 7001 1140 0001 0512 5198 ,~r. r March 27, 2002 The Honorable Barbara Nemec Kerr County Treasurer #232 700 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 February 2002 on March 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 aze shown on the enclosed attachment. The total penalty amount should be remitted to TCD1tS along with the remittance conv of this letter. The payment for the penalty should not be combined with any other foods 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 MAIL RETURN RECEIPT 7001 1140 0001 0512 5297 TCDRS TEXAS COUNTY & DISTRICT RETIREMENT SYSIEM Post Office Box 2034 Austin, -texas 7876&2934 901 MoPac South Barron teaks N, Suite 500 Austin, -Texas 787465789 Tel 800.823.7782 512.328.8889 Fax 512.328.8887 ww«.xdn.ar8 BOAR'.D OF TRUSTEES John Maslwa. Chairnwn Chief Appraiser Tarrant Cauny Appraisd District Kolhy Reeves, YKe-Chorman Tax Asaesm-CoBedor Midland Count' .• - -rkMe A. Carty .., I,y ,4udifor . erns Count' Yxlw Cmilb Count' Judge Taylor Count' Alardw Gustavson Count' Treasurer Montgomery canny -A1kls ute: Direcror Denton Count' Adult Probafion Steve Radark Count' Commissioner Hartis Cwny Anador E. Reysw Chief Appraiser Hardin Count' Appraisd District John G. YJ81y Count' Judga Brauria Count' STAFF ~Y ~n7 D;~tor l WiE'wms Invesmeru Officer October 23, 2002 The Honorable Barbara Nemec Kea County Treasurer 700 Main St Rm 118 Kerrville, TX 78028 Re: Penalty for Late Reporting Deaz 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 corrv 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, J ter L. Brown Manager, Subdivision Accounts CERTIFIED MAIL RETURN RECEIPT 7001 1140 00010512 7239 cc: Head of Govenvng Boazd '~~~- ~a mii, ~- ~~+. zoos The Honorable Bazbara Nemec Kerr County Treasurer 700 Main Ste 104 (Bsmt) Kerrville, TX 78028 Re: Late Reporting Penahy Deaz Ms. Nemec, row o£su sa:: .~,, rx ~8~ba (S1T) 328-£ 800-823-i Fu: (51T) 328-8 wwx,ccd+s TCDRS received Kerr County~s report for the month of Apri12005 on May 17, 2005. This report was due by May 16, 2005. As a resuh, your county/district has incurred an administrative fee of $500, plus ... interest from the due date at the annual rate of 12 percent oa all unpaid amounts. The total penalty due, including both the administrative fee and interest charges, is $538.38. The details of the penalty calculation are shown on the enclosed attachment. The total penaltyamount should be remitted to T®RS along with the remittance copy of this letter. If payment is not received byTmRS within three months after date notice, the retirerlterrt system shall deduct the penalty from the subdivision's account in the subdivision accumulation fund. The payment for the penahy should not be combined with any ocher funds remitted to TCDRS. A copy of the TGDRS Act Section 845.407 and the adopted administrative rules § 107.6 and §107.7 is enclosed. If yvu have any questions or need assistance in this matter, please contact the by email at jenniferb~a tcdrs.org or byphone at 1.800.823.7782, ext. 266. Sincerely; ~. ~/~5~~'`~ J ~/ e ~ er L. rows ager, Employer Accounting & Financial Services t CERTIFIED MAIL RETURNRECEII'T 7001 1140 00010513 3872 cc: Head of Governing Board