PROGRAM EVALUATION
Prepared For The Budgetary Responsibility Oversight Committee

Peace Officer and Prosecutor Training Fund August 2001

Russell W. Hinton, State Auditor Performance Audit Operations Division 254 Washington St. S.W.

Department of Audits and Accounts

Atlanta, GA 30334-8400

Purpose of the Peace Officer and Prosecutor Training Fund
The Peace Officer and Prosecutor Training Fund Act of 1983 was enacted by the Georgia General Assembly for the purpose of providing funds for the training of law enforcement and prosecutorial officers.
Issues Addressed
Specific objectives of the program evaluation, as determined by the Budgetary Responsibility Oversight Committee, include the following:
Identify how much has been collected by the Peace Officer and Prosecutor Training Fund (POPTF) both annually and cumulatively;
Determine how law enforcement training is funded in general and the amount funded by POPTF;
Determine if funds have been expended according to the POPTF law;
Determine if there are ways to improve the allocation of funds to the regional academies; and
Determine the financial impact on training costs resulting from the creation of the Department of Motor Vehicle Safety.
Background
The POPTF Act imposes an additional fee of 10%, up to $50, on all criminal and traffic cases (except failure to wear seatbelt violations) in which a fine is imposed or a bond is required. For example, if a person were fined $100, the person would be required to pay $110. The additional $10 would be designated for the POPTF. Clerks (or another court officer) of all courts but juvenile are required to assess, collect, and remit the POPTF fee to the state. Once a POPTF fee is collected, the court has until the end of the following month to remit the fee to the Georgia Department of Revenue (DOR).

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DOR is responsible for collecting the POPTF fee from the courts. DOR has contracted with the Police Officers' Annuity and Benefit Fund (POABF) to process the courts' remittances of the POPTF fee. DOR contracted with POABF due to its experience in collecting POABF fees from courts. POABF processes the POPTF reports and payments from approximately 850 courts that submit POPTF fees. POABF makes daily deposits into a DOR bank account and provides daily, monthly, and quarterly reports of the court payments to DOR. DOR transfers the fee collections into the state's general fund monthly and is required to provide the Office of Planning and Budget and the Legislative Budget Office with quarterly collection reports.
POST-Certified Personnel/Prosecuting Attorneys
The POPTF fee is intended to offset the cost of training individuals certified, or working toward certification, by the Peace Officer Standards and Training Council (POST) and employed by a law enforcement agency, as well as the prosecuting attorneys working for state and local governments.
POST reported that approximately 48,000 certified individuals were employed by a law enforcement agency in February 2001. State, county, or local law enforcement agencies employ a majority of these individuals. POST reported that at the end of fiscal year 2000 nearly 26,500 individuals were working for county or local law enforcement agencies, approximately 18,000 for state agencies, and approximately 3,500 for other organizations. Precise numbers are not possible due to individuals leaving the law enforcement field without notifying POST.
It should be noted that not all POST-certified individuals are considered peace officers or law enforcement officers. POST certifies jail and communications offic ers, though neither is a peace officer. The two positions are considered law enforcement support personnel. The costs of training law enforcement support personnel are included in this report.
The POPTF fee is also intended to offset the cost of training prosecuting attorneys who work for one of the state's 48 district attorneys, 64 solicitors general, the Georgia Prosecuting Attorneys' Council, or the Georgia Department of Law. As of July 2001, there were approximately 350 prosecuting attorney positions paid with state funds, but there may be additional prosecuting attorney positions paid with federal or local funds.
Primary Law Enforcement Training Facilities
The Georgia public safety training delivery system is responsible for providing training that meets the POST-established minimum training and certification requirements. The delivery system consists of several components, including the Georgia Public Safety Training Center (GPSTC), 10 regional police academies, and four local departmental academies. Appendix A shows the location of the main components of the training delivery system.
As discussed below, there are several types of training offered through the public safety training delivery system. Law enforcement officers are required to take a basic course and receive 20 hours of annual continuing education, but law enforcement support personnel (jail officers, communications officers) are not required to receive continuing education.

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Basic Training: Mandatory program of instruction required by POST prior to an individual becoming a POST-certified law enforcement officer. In order to have full arrest power, an officer must complete a 400- hour basic law enforcement course that covers a variety of subject matter, such as rules of evidence, report writing, auto theft, and crisis intervention. The regional academies and the four departmental academies provide the basic law enforcement course to local law enforcement agencies. A local department may require more than 400 hours for its officers.
State age ncies may require more or less hours for their basic course, ranging from 160 hours for Department of Juvenile Justice and Department of Corrections officers to 1,470 hours for a Georgia State Patrol officer.
In-service Training: Any training program drawn from the curriculum of the basic training course, which is generally offered for the purposes of updating or refreshing an officer's knowledge and basic skill level. A peace officer is required by POST to receive 20 hours a year of continuing education; in-service courses count toward this requirement.
Advanced/Specialized Training: Approved training program which has content beyond the basic course of instruction and which is different from in-service training. Advanced/specialized has as its primary goal the development of special skills or the raising of the proficiency level within a specialized skill to an advanced level of competence and performance. Examples of advanced training include Verbal Judo, Spanish for Law Enforcement, Officer Survival, and Instructor Training Course. Advanced/specialized training counts toward the officers' required 20 hours a year of annual continuing education.
Basic Jail Officer Training: Mandatory program of instruction required by POST prior to an individual becoming a POST-certified jail officer. Jail officers may work for up to six months before completing the course. The course includes 80 hours of instruction and covers a variety of subject matter, such as inmate rights, self-defense, inmate discipline, and first aid.
Basic Communications Officer Training: Mandatory program of instruction required by POST prior to an individual becoming a POST-certified communications officer. Communications officers may work for up to six months before completing the course. The course includes 64 hours of instruction and covers a variety of subject matter, such as emergency telephone answering techniques, radio broadcast techniques, and emergency management procedures.
Georgia Public Safety Training Center The Georgia Public Safety Training Center (GPSTC) is a comprehensive training complex designed to address the training needs of state and local public safety organizations. Training for law enforcement officers is provided by GPSTC's General Instruction Division and the Georgia Police Academy, which functions as a division of the GPSTC. The training provided by the divisions is advanced and specialized. In addition, the GPSTC may also provide parts of the basic law enforcement training course that require special facilities, such as the Emergency Vehicle Operator Course (EVOC) and Judgmental Pistol Shooting (JPS).

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Several state agencies also have their law enforcement training academies or training personnel located at the GPSTC. These agencies provide training to their POST-certified personnel, with training ranging from the agencies' basic training courses to advanced and specialized courses. The agencies that have their training academies or training personnel at the GPSTC include the following:

Department of Corrections (DOC) Georgia State Patrol (GSP)
Georgia Bureau of Investigation (GBI) Department of Natural Resources (DNR)

State Board of Pardons and Parole (SBPP)
Department of Transportation (DOT) Department of Juvenile Justice (DJJ)

Regional Academies The 10 regional academies serve as the primary training facilities for local law enforcement personnel. The regional academies were authorized under the Georgia Peace Officer Standards and Training Act of 1970 (O.C.G.A. 35-8). In May 1996, an executive order transferred responsibility for the regional academies from POST to the GPSTC.

Initially, all of the regional academies operated under contract between the GPSTC and a sponsoring agency. Sponsoring agencies include Board of Regents' schools and county boards of commissioners. Currently, six of the 10 regional academies operate under a contract between the GPSTC and a sponsoring agency. The remaining four regional academies are under the direct control of the GPSTC.

Departmental Academies The City of Atlanta, Cobb County, DeKalb County, and Gwinnett County operate departmental police academies, with training usually limited to department personnel. The departmental academies offer basic, in-service, advanced, and specialized training. The local law enforcement agencies operating the departmental academies generally require more than 400 hours of basic training; therefore, the 400-hour basic law enforcement course is integrated into their extended basic training program.

Evaluation Methodology
This evaluation was conducted in compliance with O.C.G.A. 45-12-178 enacted in 1993. The evaluation was conducted under the Budgetary Responsibility Oversight Committee's calendar year 2001 theme, "Public Safety and Sentencing Offenders." The evaluation methodology included the following:

Review of records from the Department of Revenue (DOR), Peace Officer Annuity and Benefit Fund, various courts, Georgia Public Safety Training Center (GPSTC), the
regional academies, and the departmental academies;

Survey of state agencies employing law enforcement personnel; and

Interviews with personnel from the organizations above.

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The entire report was discussed with appropriate personnel at DOR and the GPSTC, and a draft copy was provided to DOR and the GPSTC. Personnel from each agency were invited to provide a written response to the report and to indicate areas in which they planned to take corrective action. Pertinent responses from the agencies are reflected in the report as appropriate.

Issue: How much has been collected by the Peace Officer and Prosecutor Training Fund, both annually and cumulatively?

The Peace Officer and Prosecutor Training Fund collected more than $222 million from fiscal year 1984 to fiscal year 2000.

The POPTF generated $20.2 million in state revenue in fiscal year 2000. Since POPTF fees were first collected in fiscal year 1984, DOR has collected approximately $222 million from the state's courts.

The amount of revenue collected annually has risen each year of the fund's existence. In fiscal year 1985 (first full year of existence), POPTF collections totaled $7.7 million. Collections have increased an average of 6.7% a year since fiscal year 1985. For annual collection information, see Exhibit 1.

Exhibit 1 Annual Collections of the POPTF

$ Change from % Change from Fiscal Year Amount Collected(1) Previous Year Previous Year

1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

$5,540,281 $7,705,929 $8,572,995 $9,295,389 $9,995,675 $10,217,664 $11,576,921 $12,386,210 $13,500,313 $13,770,580 $14,488,137 $14,781,440 $15,729,096 $17,034,274 $18,074,447 $19,344,731 $20,214,158

$867,066 $722,395 $700,286 $221,989 $1,359,257 $809,288 $1,114,104 $270,267 $717,557 $293,302 $947,656 $1,305,178 $1,040,173 $1,270,284 $869,427

11.3% 8.4% 7.5% 2.2% 13.3% 7.0% 9.0% 2.0% 5.2% 2.0% 6.4% 8.3% 6.1% 7.0% 4.5%

TOTAL

$222,228,240

Average % Change

6.7%

Median % Change

7.0%

Source: Department of Revenue records (1) FY84 collections include only 11 months; therefore FY84 and FY85
collections are not comparable.

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It is not feasible to determine the amount of Peace Officer & Prosecutor Training Fund fees that should be collected because of numerous weaknesses in its assessment, collection, and remittance.
While more than $20 million in POPTF fees was remitted to DOR in fiscal year 2000, there are numerous weaknesses in the assessment, collection, and remittance process that make it unfeasible to determine if the correct amount was collected by the state. These weaknesses are discussed below.
Assessment Assessment is the process by which the court officially respons ible for fine collection adds a 10% fee, not to exceed $50, to all fines for "any offense against a criminal or traffic law of this state or political subdivision thereof." For example, a fine of $100 becomes $110 after assessing the 10% surcharge on the original fine. Offenders are required to pay the total fine even if it exceeds the normal maximum fine for that offense.
Our review of the assessment practices of 11 courts indicated that nine did not properly assess the fee.
Five courts did not increase the base fine for the 10% POPTF fee. In the case of a $100 fine, instead of adding $10 to the base fine and requiring the offender to pay $110, the offender was required to pay only $100. The court then remitted $10 to the POPTF. While the amount remitted to the POPTF is correct, the local government retains less money because the POPTF fee is paid by the local government rather than the offender.
There are a number of additional charges and fees (e.g., Brain and Spinal Injury Trust Fund) that may be added to base fines, depending on the type of crime and other factors. One court was adding fees to the base fine but could not identify if the additional amount was for the POPTF or another fee. Therefore, it was not possible to determine if the POPTF fee had been assessed.
Three courts either selectively assessed the fee on certain cases or were unable to document fee assessment on all cases. One clerk reported that the chief judge refused to assess the fee in cases where the judge felt it might result in a "higher than appropriate fine."
Collection A review of 10 courts' collection practices did not indicate a pervasive problem. Eight of the courts properly collected the amount that they intended to collect from the offender. Two courts were unable to provide proper documentation that the fine and POPTF fee had been properly collected.
Remittance Once a POPTF fee is collected, the court has until the end of the following month to remit the fee to the state. Payments received more than 60 days after this due date are subject to a 5% penalty on the principal per month, not to exceed 25% of the principal amount. Our review of the remittance practices of 10 courts indicated that three did not properly remit the fees collected. In addition, five courts could not verify that fees collected by the court were remitted to the state.

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Problems with remittance include the following:
Five courts were unable to document that the fees received from the offender were remitted to DOR.
o Four of the five courts collect POPTF fees but do not maintain a list of POPTF collections that corresponds to the POPTF fees remitted. This lack of documentation makes it unfeasible to reconcile the collections to the remittances and to determine whether all fees collected were actually remitted to the state.
o The court clerk at one of the five courts stated to the evaluation team that she did not know how to calculate the POPTF fee remittance or how it was calculated in the past. Court officials stated that they most likely had not been remitting POPTF fees since early in fiscal year 2001 but were unsure of the exact date since records were scattered or missing.
Two courts have not remitted all of the POPTF fees due to the state.
o As of March 2001, one court had not remitted fees it had collected since November 1999. The clerk of the court had sent report forms to the city's administrative office indicating the amount the court owed to POPTF. However, city officials neglected to remit the POPTF fees. The city had grouped the POPTF fees in with other funds and spent the money on other expenses. After a visit by the evaluation team in April 2001, the city arranged a payment plan with POABF. The city agreed to stay current on its monthly POPTF fee collections and to pay its $13,632.66 in back payments due over the next 30 months.
o POABF estimated that another city court had failed to report at least 18,814 cases from July 1995 to April 1999. When the problem was discovered, POABF began to return the fee remittances to the city and requested that the problem be corrected. The city did not agree with POABF's opinion and was advised to contact DOR. City officials indicated that when DOR was of no assistance, they decided to stop remitting POPTF fee collections. The city has not remitted POPTF fees since the period ending September 1999 and estimates that DOR is owed approximately $60,000. The evaluation team's review of the court's case accounting system indicated that the court failed to assess the POPTF fee on certain cases required by law. However, the exact number of omitted cases has not been determined. The $60,000 that city officials believe is owed only includes those cases for which the city has assessed the POPTF fee. It does not include cases not reported due to the accounting system error. For this reason, the city may owe significantly more in POPTF fees and penalties.
Courts should assess, collect, and remit the correct amount of POPTF fees to the state and maintain proper documentation. As discussed further in the next finding, DOR should ensure that the courts are assessing, collecting, and remitting the correct amount.

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It should be noted that fees other than POPTF are assessed on criminal and traffic fines. However, the assessment, collection, and remittance of these fees were not included in the scope of this evaluation. A performance audit to be released later this year will address the multiple court fees that may be added or deducted from a court fine and will assert that many of the POPTF problems are true of other court fees. The performance audit will note that courts assess the multiple fees differently and then remit to many different entities. It will present a number of comprehensive recommendations meant to improve the assessment, collection, and remittance of all fees.
The Department of Revenue (DOR) should take steps to offer reasonable assurance that courts are assessing, collecting, and remitting the proper amount of POPTF fees. DOR should also notify juvenile courts that they are improperly remitting the POPTF fee.
Since the inception of the POPTF fee, DOR has contracted with the Peace Officers' Annuity and Benefit Fund (POABF) for the processing of courts' POPTF payments. POABF receives $37,800 from DOR annually to process payments, deposit funds, maintain accounting records, generate delinquency notices, and maintain communication with DOR pertaining to problems or questions encountered in carrying out contract obligations. However, the contract does not grant POABF the authority to audit court records or to legally force courts to remit the POPTF fees due, both of which are steps that POABF takes to ensure compliance with its own fee.
In addition to limiting POABF's authority to audit courts or pursue legal action against court personnel, DOR has not taken sufficient steps on its own to ensure courts' compliance with the POPTF law. DOR's collection efforts are limited to authorizing POABF to notify courts when penalties are due and to instruct those courts to remit balances due. DOR has also failed to follow through on problem courts referred to them by POABF or assist court personnel who have requested help in addressing POPTF payment disputes. Examples include:
POABF originally referred a court owing $13,633 to DOR officials in the spring of 2001. However, city officials contacted POABF after DOR officials failed to contact them and POABF actually secured an agreement in July 2001 with the city obligating payment of delinquent POPTF fees.
One court stopped remitting POPTF fees in 1999 after DOR officials did not assist them in resolving a dispute over the amount owed by the court.
DOR officials stated that POPTF is handled by its contracted agent, POABF, including "correspond(ing) with courts with delinquent accounts and maintain(ing) records of these letters on our behalf." DOR officials added that the law did not provide either the authority or funding to pursue collections. However, the POPTF law instructs DOR to collect the POPTF fee; therefore, DOR has a duty to ensure that the fee is collected properly.
DOR also instructed POABF to accept POPTF payments from courts that are not required to assess, collect, and remit the fee. Thirty- five juvenile courts remitted over $51,000 in POPTF fees in fiscal year 2000. A DOR official acknowledged that POPTF remittances from juvenile

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courts are not required but that the payments have been accepted. DOR has not informed these courts that they are mistakenly remitting the fee.
DOR should empower POABF to take actions that can improve the assessment, collection, and remittance by the courts. Specifically, POABF should be allowed to take the same actions that it does for collection of its own fee, such as the measures taken by its attorney and audits of selected courts.
In their response to the finding, DOR officials stated, "administration issues are generally governed by appropriations. When the Peace Officer and Prosecutor Training Fund Act of 1983 (Senate Bill 70) was passed, the Department began work on administering this act in the most efficient and economical way to meet our statutory responsibilities. It became apparent that the most cost effective and practical approach for the Department to take would be for us to contract with the Peace Officer's Annuity and Benefit Fund for computer processing services required by Senate Bill 70. This decision was made after a careful analysis of the cost impact to the Department. Eighteen years later, our current appropriation for this contract is $37,800."
DOR officials added that "the statute which authorizes the collection of this penalty and earmarks it for providing training to law enforcement officers and prosecuting officials does not authorize the Department of Revenue to audit for, assess or collect moneys which should have been collected by the various courts but simply to receive the sums that are collected. O.C.G.A. 15-21-74 provides as follows:
`The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the commissioner of the Department of Revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of the Department of Revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article...' Based on this language the Department has been receiving, depositing and accounting for the moneys which have been collected by the court officers. In this regard, we will explore, with our contract partner, a more systematic way of dealing with questions and following up on collection issues as suggested in your draft."
Issue: Describe how law enforcement training in general is funded. How much of the funding comes from the POPTF?
State and local funds were identified as the primary source of training funds. While many of the facilities and organizations that provide training are largely state funded, local law enforcement agencies do expend local funds for training.
Law enforcement training consists of the basic course required for initial POST certification and annual continuing education required to maintain certification. The training of law enforcement officers involves numerous organizations that receive funding from a variety of sources, including state, local, and federal governments, and tuition and fees. The primary source of

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training funds identified by the evaluation team was state and local funds. As noted in the finding on page 12, it is not possible to determine the amount of funding derived specifically from the POPTF; however, the amount of state funds used for law enforcement and prosecutorial officer training in fiscal year 2000 identified by the evaluation team did exceed the amount of POPTF funds collected in the previous year by approximately $1.7 million.

In identifying funding sources for law enforcement training, the evaluation team included organizations that actually provide training, organizations that certify officer training, and law enforcement agencies that expend funds for their officers' training. The organizations and their funding sources are discussed below. The figures presented are for fiscal year 2000, though the fiscal year for some of the regional and departmental academies may begin in a month other than July. The GPSTC figures do not include funding for the Georgia Fire Academy or state funds that pass through the GPSTC to the regional academies, departmental academies, or the Georgia Sheriffs' Association or Georgia Police Chiefs' Association. See Appendix B for a summary of the financial information presented below.

Peace Officer Training

Training Facilities and Organizations

Georgia Public Safety Training Center GPSTC is a training complex where basic,

advanced, and specialized training is conducted. Most state agency law enforcement personnel receive basic training at GPSTC, while local law enforcement officials receive a

portion of basic training there.

o State Funds $8.11 million*

o Tuition Funds $247,000

o Federal Funds $684,000

o Other Funds $1.86 million

* Includes approximately $121,000 for debt service of general obligation bonds, a portion of which financed construction of DJJ facility at the GPSTC

Regional Police Academies Regional academies serve as primary providers of basic law

enforcement training to local agencies. They also provide in-service, advanced, and

specialized training.

o State Funds $2.75 million

o Tuition Funds $461,000

o Federal Funds $19,000

o Other Funds $16,000

o Sponsoring Agency $1.07 million

Departmental Police Academies Atlanta Police Academy, DeKalb County Police

Academy, Gwinnett County Police Academy, and Cobb County Public Safety Training

Center are the only departmental police academies certified by POST to offer basic training.

They also provide in-service, advanced, and specialized training.

o State Funds $148,000

o Local Funds $5,261,000

Georgia Police Chiefs' Association (GPCA)/Georgia Sheriffs' Association (GSA) The

two associations offer training specifically designed for police chiefs and sheriffs. Each has a

contract with the GPSTC to cover training costs.

o GPCA State Funds - $243,000

o GSA State Funds - $194,000

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Law Enforcement Organizations Employing Trainers and/or Paying For Training

State Agencies Some state agencies that employ law enforcement officers have training

academies at the GPSTC and/or employ training staff. The evaluation team surveyed state

agencies to determine the funding source for their law enforcement training. In addition to

equipment, materials, and tuition, the state agency survey results include the personnel costs

for employees that spend 70% or more of their time as training staff and personnel costs for

the trainers' support staff. It does not include the personnel costs of individuals that spend a

smaller portion of their time as trainers or the personnel costs of those individuals receiving

the training.

o State Funds $9 million

o Other Funds $339,000

o Federal Funds $70,000

Local Law Enforcement Agencies Local police and sheriff departments may employ fulltime training officers or employ law enforcement officers that deliver training on a part-time basis. Due to the large number of county and municipal law enforcement agencies (792), the evaluation team was unable to identify the amount of training funds spent by each. Interviews with six agencies revealed smaller departments with only two or three part-time instructors and larger departments with as many as four full- time trainers and more than 30 part-time instructors.

Organization That Certifies Training Facilities, Instructors, and Courses Peace Officer Standards and Training Council (POST) POST certifies and regulates
peace officers and other public safety personnel and establishes minimum training standards and curriculum for these personnel. POST also certifies training facilities, instructors, and training academy directors. POST employs one staff member directly related to training. o State Funds - $79,000

Prosecutorial Officer Training
The POPTF is also intended to offset the cost of training prosecutors. The evaluation team identified the source of funds for the organization with the primary responsibility of training the state's prosecutors, as well as the training funds received by the organizations employing prosecutors.

Prosecuting Attorneys' Council (PAC) One of the missions of the PAC is to train the

state's prosecutors. PAC conducts training seminars and conferences for prosecutors

employed by district attorneys, solicitors general, the Georgia Department of Law, and the

PAC Drug Prosecutions Division. PAC may charge small registration fees or tuition to the

attendees.

o State Funds $529,000

o Tuition Funds $49,000

Department of Law Prosecutors employed in the Georgia Department of Law may travel and/or pay registration fees for their required annual training. The department does not employ any staff members to provide training to the prosecutors. o State Funds - $11,000

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District Attorneys/Solicitors General Prosecutors employed by one of the 48 district attorneys or 64 solicitors general may travel and/or pay registration fees for their required training. Interviews with staff from five offices indicated that most receive much of their training at little cost from the PAC, with the annual training costs incurred of less than $500 to about $3,150.
Issue: Describe how POPTF funds have been expended. Have all moneys been expended according to 15-21-77?
It is not possible to track the appropriation of POPTF funds because funds are not appropriated to a single training fund or state agency. However, the evaluation team did identify approximately $21.1 million in state funds spent on law enforcement and prosecutor training in fiscal year 2000, compared to collections of $19.3 million in the previous year.
O.C.G.A. 15-21-77 states that POPTF funds collected in one year will be appropriated to fund the training of law enforcement and prosecutorial officers in the following year. It further states that the appropriation for training purposes may be greater than the POPTF collections.
It is not possible to track the appropriation of POPTF funds because funds are not appropriated to a single training fund or state agency. Once DOR receives POPTF funds from the courts, the funds are deposited into the state's general fund. Unlike instances in which a specified revenue source is appropriated to a specific fund or organization (e.g., Hazardous Waste Trust Fund administered by Department of Natural Resources1), POPTF funds are treated as general state revenue. Because no single state agency administers a fund, it was not possible to track POPTF funds to specific entities or expenditures.
The evaluation team reviewed appropriations and obtained expenditure data from state agencies to determine that approximately $21.1 million of state funds was spent on training in fiscal year 2000. While funds that go to entities such as the GPSTC can easily be identified as training funds, a portion of funds appropriated to state entities employing law enforcement officers might also be used to pay for officer training. The evaluation team surveyed these state agencies, universities, and authorities to determine the amount spent on training, including salaries of their trainers.
Exhibit 2 shows the amount of state funds spent by organizations that train law enforcement or prosecutorial officers, organizations that pay for the training of their own officers, and POST, which certifies law enforcement training facilities, courses, and instructors. For a list of the training expenditures by state agency, see Appendix C.

1 Fees and fines paid in relation to the Hazardous Waste Trust Fund (Fund) are deposited into the state treasury. A report of the previous fiscal year's collections is used by the General Assembly to determine the annual appropriation to the Fund, which is administered by the Department of Natural Resources.

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Exhibit 2

State Fund Expenditures for Training
Fiscal Year 2000

Organization State Agencies with Law Enforcement Officers GPSTC Regional Academies Prosecuting Attorneys' Council Georgia Police Chiefs' Association Georgia Sheriffs' Association Departmental Academies GPSTC Debt Service(1) POST Department of Law TOTAL STATE FUNDS

Total State Fund Expenditures $9,000,000 $7,992,000 $2,751,000 $529,000 $243,000 $194,000 $148,000
$121,000 $79,000 $11,000
$21,068,000

Fiscal Year 1999 Collections
Difference Source: Agency survey and records

$19,344,731 $1,723,269

(1) Debt service is a portion of general obligation bonds issued in 1997. A portion of bond proceeds went to finance a Department of Juvenile Justice facility at the GPSTC.

Personal services constitute the largest expenditure of training funds by most of the organizations listed in Exhibit 2. The largest organizations GPSTC, regional academies, state agencies with law enforcement officers, and Prosecuting Attorneys' Council spent approximately $16.4 million on salaries and benefits for training-related staff in fiscal year 2000.

Issue: Describe how funds are allocated to the regional academies. Are there ways to improve this allocation method?
The allocation of state contract funds to the regional academies is based on contract amounts that were in effect prior to May 1996. The allocation should be based on a variety of factors, such as the region's law enforcement population, the demand for training, and the fixed costs of operating a facility.
According to GPSTC officials, the current contract amounts are based on the contracts in effect when the regional academies were transferred from POST to GPSTC in May 1996. They added that the contract amounts have remained substantially constant (one 3% increase) since the transfer.
GPSTC officials stated that they did review the contract amounts but determined that reallocating funds from some regional academies to other regional academies would not benefit the system as a whole since the contract amounts were insufficient to cover the actual costs of the academies. (It should be noted that for the three regional academies brought under direct

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control of the GPSTC at the beginning of fiscal year 2001, the amount those regional academies receive has been adjusted by GPSTC to reflect the actual operating cost. The General Assembly provided additional funds to offset the loss of sponsoring agency support.)
While GPSTC did not change the contract amounts when the regional academies were transferred from POST, GPSTC did adjust the number of course hours that each academy must deliver. GPSTC officials stated that the change was an attempt to equalize the amount of money each academy received per course hour.
GPSTC officials stated that they were unsure of the historical basis for developing the contract amounts. Previous evaluations and reports indicate that contract amounts are based on assessments completed in the 1980s. A November 1995 program evaluation conducted by the Office of Planning and Budget titled Peace Officer Standards and Training Council, Georgia Public Safety Training Center and the Components of the Law Enforcement Training Delivery System stated that POST determined contract amounts based on staffing and prior year contract amounts, but the exact method could not be determined. The report also noted that POST had not changed or reviewed its methodology for distributing funds to the regional academies since the early 1980s. The program evaluation stated that any increases to the contract were across-theboard incremental increases. According to Evaluation of the Georgia Law Enforcement Training Delivery System, conducted by POST in 1982, the contracts were based on an annual budget submitted by each academy, an analysis of past expenditures, and trainee workload projection.
It should be noted that the GPSTC also allocates training funds to three departmental academies and the Georgia Police Chiefs' Association (GPCA) and Georgia Sheriffs' Association (GSA). According to GPSTC officials, funding to the departmental academies has not been changed since inheriting the contracts from POST. The departmental academies in Atlanta, DeKalb, and Gwinnett each receive contract funds, but the Cobb departmental academy does not. Cobb's academy was certified by POST after the transfer of the departmental contracts to the GPSTC. POST officials stated that the certification was granted in exchange for Cobb not requesting state contract funds. The contracts for the GPCA and GSA have increased only when additional funding was provided by the General Assembly at the request of parties other than the GPSTC.
The GPSTC should determine a logical method for allocating state funds to the regional academies. There are a variety of factors that should be used in determining an appropriate funding amount for each regional academy. The region's law enforcement population, the demand for training, and the fixed costs of operating a facility should be considered when determining the contract amounts.
In response to the finding, GPSTC officials stated that they have "considered several strategies for the equitable distribution of state funds to regional academies. However, due to the general under-funding of all the regional academies which was complicated by several years of budget redirection requirements, the Center adopted a long range strategy of obtaining additional funds for each academy rather than simply shifting existing funds, i.e. `robbing Peter to pay Paul.' Over time, this strategy would achieve an equitable distribution of funds without negatively impacting any region. Generally, the Center supports the recommendation of allocating state

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Peace Officer and Prosecutor Training Fund

funds to the regional academies on the basis of the law enforcement population within each region."

Issue: What financial impact will the creation of the Department of Motor Vehicle Safety have, if any, on this fund?

The creation of the Department of Motor Vehicle Safety should not have a significant impact on law enforcement training costs.

House Bill 1441, signed into law on April 28, 2000, created the Department of Motor Vehicle Safety (DMVS). DMVS will assume a portion of the responsibilities of various state entities including the Department of Transportation (DOT), Public Service Commission (PSC), Department of Public Safety (DPS), and the Department of Revenue (DOR). As seen in Exhibit 3, certain POST-certified positions attached to these entities have been transferred to DMVS. However, OPB indicated that the creation of DMVS has resulted in no new positions requiring POST certification.

The DOT maintains one POST-certified position at the GPSTC to assist in the training of DOT POST certified officers. Since all DOT POST-certified positions will be transferred, the training position will also be transferred.

Additional training costs associated with the creation of the DMVS were identified. Specifically, DMVS officials indicated that POST-certified staff transferred from DOT and PSC will be crosstrained in the job duties of the other. However, since there is expected to be either no increase or a slight increase (less than eight) in the number of POST-certified positions, the law enforcement training costs currently incurred by the state should not substantially increase.

Exhibit 3

POST Certified Positions Transferred to DMVS

Original Agency

Number of POST-Certified Positions Transferred

Department of Transportation

312

Public Service Commission

42

Department of Public Safety

9

Department of Revenue

0

Total

363

Source: Analysis; OPB and DMVS Records

Peace Officer and Prosecutor Training Fund

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Page 16

Regional Academies

Department Academies

Appendix A Locations of Certified Academies

10 C

8D

9

A

B

6 4w

7 5r

POST Certified Academies
1 Abraham Baldwin Agricultural College Regional Police Academy 2 Armstrong Atlantic State University Criminal Justice Training Center 3 Central Savannah River Area Law Enforcement Training Center 4 Clayton Regional Law Enforcement Traiining Center 5 Columbus University Law Enforcement Training Center 6 Fulton County Public Safety Training Center 7 Law Enforcement Training Center of Middle Georgia 8 North Central Georgia Law Enforcement Academy 9 Northeast Georgia Police Academy 10 Northwest Georgia Law Enforcement Academy

Location
Tifton Savannah Blythe Jonesboro Columbus College Park Macon Marietta Bogart Cave Spring

A Atlanta Police Academy

Atlanta

B DeKalb County Police Academy

Lithonia

C Gwinnett County Police Academy

Buford

D Cobb County Public Safety Training Center

Marietta

3

Georgia Public Safety Training Center Department of Juvenile Justice Training Academy Georgia State Patrol Training Academy
G.B.I. Training Academy Georgia Department of Natural Resources Training Academy State Board of Pardons and Paroles Training Academy Georgia Corrections Academy

Forsyth

w Georgia Sheriff's Association Training r Georgia Association of Chiefs of Police Training
Georgia POST Council Office
2

Stockbridge Columbus
Tucker

1

State Academies

Misc.

Peace Officer and Prosecutor Training Fund

Source: Program Records

Peace Officer and Prosecutor Training Fund

Appendix B
Funding for Peace Officer & Prosecutorial Officer Training Fiscal Year 2000(1)

The figures below do not represent the total funding for the training of Georgia's peace officers and prosecutorial officers. Local funding for training is

not fully represented due to the significant number of local law enforcement agencies that may expend funds for training and the difficulty in isolating

those training costs. Federal funding for training is not fully represented because federal agencies may offer free training to Georgia officials. The cost

of the training and the percentage of that cost attributable to Georgia officials is not readily available, according to federal officials. In addition, the

federal government also provides public safety-related grants, which a part of could be used for training, but the percentage used for training is not

mandated or tracked.

Organization

Federal Grants/

State Funds

Contracts

Tuition Funds

Sponsoring

TOTAL

Agency(2) Other Funds FUNDS

Peace Officer Training

GPSTC(3) State Agencies (4) Departmental Police Academies(5) Regional Police Academies (5)

$7,992,000 $9,000,000
$148,000 $2,750,000

$684,000 $70,000 $0 $19,000

$247,000 $0 $0
$461,000

N/A N/A $5,261,000 $1,070,000

$1,863,000 $10,786,000 $339,000 $9,409,000 $0 $5,409,000 $16,000 $4,316,000

Georgia Police Chiefs' Association

$243,000

$0

$0

N/A

$0 $243,000

Georgia Sheriffs' Association GPSTC Debt Service(6)

$194,000 $121,000

$0

$0

N/A

N/A

N/A

N/A

$0 N/A

$194,000 $121,000

Peace Officer Standards & Training Council Local Law Enforcement Agencies (7)

$79,000

$0

$0

N/A

$0

Six offices interviewed with annual training costs of $0 to more than $180,000

$79,000 N/A

TOTAL PEACE OFFICER

$20,527,000

$773,000

$708,000 $6,331,000 $2,218,000 $30,557,000

Prosecutorial Officer Training
Prosecuting Attorneys' Council Department of Law District Attorneys/Solicitors General(7) TOTAL PROSECUTORIAL TOTAL PEACE OFFICER AND PROSECUTORIAL Source: State survey and organization records

$529,000

$0

$49,000

N/A

$0 $578,000

$11,000

$0

$0

N/A

$0 $11,000

Five offices interviewed with annual training costs of less than $500 to $3,150

N/A

$540,000

$0

$49,000

$0

$0

$589,000

$21,067,000

$773,000

$757,000 $6,331,000 $2,218,000 $31,146,000

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(1) Some regional and departmental academies have fiscal years beginning in a month other than July. (2) The sponsoring agency is the local government or state university that operates the academy. (3) GPSTC does not include funds for the Georgia Fire Academy or the contracts passed through to the regional and departmental academies or the amounts given
to the Georgia Police Chiefs' Association and Georgia Sheriffs' Association. It also does not include the salaries of individuals receiving training at the GPSTC. (4) State agencies' amounts only include personnel costs of individuals who spend more than 70% of their time training, though individuals hired for other purposes
may spend a portion of their time training. It also does not include the salaries and benefits of individuals receiving training. Additionally, the state agencies' amounts were self-reported. (5) The regional and departmental academies' amounts do not include the salaries and benefits of individuals receiving training or the personnel costs of instructors, employed by law enforcement agencies, donating their time to the academy. (6) GPSTC debt service is a portion of general obligation bonds issued in 1997. A portion of proceeds financed a Department of Juvenile Justice facility at GPSTC. (7) Due to the large number of local law enforcement agencies and district attorney/solicitor general offices, the evaluation team was unable to determine the total amount spent on training by each organization.

Appendix C Training Costs of POST-Certified Personnel

Fiscal Year 2000

Agency Name(1) Department of Corrections Department of Public Safety Department of Juvenile Justice Georgia Bureau of Investigations Board of Pardons and Paroles Columbus State University Department of Natural Resources University of Georgia Georgia Building Authority Georgia State University Public Service Commission Department of Transportation Georgia World Congress Center Authority Valdosta State University Department of Insurance Fort Valley State University Department of Revenue Kennesaw State University Atlanta Metropolitan College Georgia Ports Authority Georgia Southern University Georgia Institute of Technology Armstrong Atlantic State University Dalton State College Augusta State University Stone Mountain Memorial Association Georgia Perimeter College Savannah State University Department of Community Health Georgia College & State University Abraham Baldwin Agricultural College State Board of Worker's Compensation Clayton College & State University South Georgia College North Georgia College & State University Albany State University State University of West Georgia Department of Agriculture Department of Human Resources Coastal Georgia Community College Gordon College Albany Tech Augusta Technical College Central Georgia Technical College Department of Education East Georgia College Georgia Forestry Commission

State Appropriations
$2,927,601 $1,778,775 $1,040,457
$844,227 $816,991 $612,882 $329,950 $237,396
$0 $90,999 $14,721 $54,780 $48,696 $51,595 $31,523 $27,035 $14,606 $20,702
$8,423 $0
$7,312 $6,447 $5,164 $3,852 $3,500
$150 $3,075 $2,314 $2,300 $2,000 $1,900 $1,700 $1,620 $1,250 $1,206 $1,014
$800 $622 $517 $300 $200
$0 $0 $0 $0 $0 $0

Federal

Grants/

Total Training

Contracts Other Funds

Funds

$0

$221,000 $3,148,601

$0

$0 $1,778,775

$0

$0 $1,040,457

$0

$238

$844,465

$0

$0

$816,991

$0

$0

$612,882

$0

$0

$329,950

$0

$0

$237,396

$0

$103,572

$103,572

$0

$0

$90,999

$58,886

$0

$73,607

$0

$0

$54,780

$0

$3,750

$52,446

$0

$0

$51,595

$0

$0

$31,523

$0

$0

$27,035

$11,326

$0

$25,932

$0

$0

$20,702

$0

$0

$8,423

$0

$7,500

$7,500

$0

$0

$7,312

$0

$0

$6,447

$0

$0

$5,164

$0

$0

$3,852

$0

$0

$3,500

$0

$3,240

$3,390

$0

$0

$3,075

$0

$0

$2,314

$0

$0

$2,300

$0

$0

$2,000

$0

$0

$1,900

$0

$0

$1,700

$0

$0

$1,620

$0

$0

$1,250

$0

$0

$1,206

$0

$0

$1,014

$0

$0

$800

$0

$0

$622

$0

$0

$517

$0

$0

$300

$0

$0

$200

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

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Peace Officer and Prosecutor Training Fund

Georgia Southwestern State University

Not Available Not Available Not Available Not Available

Griffin Technical College

$0

$0

$0

$0

Lanier Technical College

$0

$0

$0

$0

Medical College of Georgia

$0

$0

$0

$0

Middle Georgia College

$0

$0

$0

$0

Office of the Governor

$0

$0

$0

$0

Ogeechee Technical College

$0

$0

$0

$0

Okefenokee Technical College

$0

$0

$0

$0

Prosecuting Attorneys' Council

$0

$0

$0

$0

Secretary Of State

$0

$0

$0

$0

West Central Technical College

$0

$0

$0

$0

Southern Polytechnic State University

Not Available Not Available Not Available Not Available

TOTAL

$8,998,602

$70,212

$339,300 $9,408,114

Note: These figures were reported to the Department of Audits in response to a survey. These numbers

were not audited.

(1) Fifty-nine state agencies, authorities, schools, and boards reported positions requiring POST certification.

Fifty-four other state entities that employ POST-certified individuals stated that certification is not a job

requirement. The individuals were likely POST certified while working for a previous employer. There was

no training cost incurred by these 54 entities.

For additional information, please contact Paul E. Bernard, Director, Performance Audit Operations Division, at (404) 657-5220.

Peace Officer and Prosecutor Training Fund

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