TIME AND EFFORT REPORTING: THE BASICS Steven Spillan, Esq. Brustein & Manasevit, PLLC Fall Forum 2013

T&E: What Are We Talking About? Tracking personnel costs: OMB Circular A-87: State, Local, and Indian Tribal Governments (p. 223) Includes SEAs and LEAs OMB Circular A-21: Educational Institutions (p. 169) Institutions of Higher Education OMB Circular A-122: Non-Profit Organizations (p.257) * all page numbers from blue EDGAR books 2 Brustein & Manasevit, PLLC

Quick Clarification: Time and attendance records Payroll records: Worked 8:00 am - 4:00 pm Time and effort records Time distribution records: worked 50% on Title I administration and 50% on nonfederal 3 Brustein & Manasevit, PLLC

Who must participate?  All employees paid with federal funds  Some employees paid with non- federal funds  When salaries are used for match purposes  NOT contractors 4 Brustein & Manasevit, PLLC

Documentation Requirements “Similar but Different” Similar information must be included Similar format Different rules regarding frequency 5 Brustein & Manasevit, PLLC

A-87: Single vs. Multiple Costs Objectives Cost objective: A function, organizational subdivision, contract, grant or other activity for which cost data are needed and for which costs are incurred (p. 227) Type of records will depend on number of cost objectives 6 Brustein & Manasevit, PLLC

Cost Objective Examples A Minimum Set-Aside or Maximum Cap: Title I - LEA Parent Involvement minimum (at least 1%); Title III – Cap on administration (no more than 2%) Program services Title I program services 7 Brustein & Manasevit, PLLC

A-87: OCFO Guidance (2012) It is possible to work on a single cost objective even if an employee works on more than one federal award or on a federal award and a non- federal award. (p. 322) Key - if the employee’s salary and wages can be supported in full from: Each of the federal awards on which the employee is working, or The federal award alone if the employee’s salary is also paid with non-Federal funds. 8 Brustein & Manasevit, PLLC

A-87: Single Cost Objective Semi-Annual Certification Signed every six months by employee or supervisor with first hand knowledge “This is to certify that Steven Spillan has worked 100% of his time for the period January 1, 2013 through June 30, 2013 on Perkins Administration.” Signature of employee: /s/ Date: July 1, Brustein & Manasevit, PLLC

“Blanket” Semi-Annual Certification Single cost objective (semi-annual cert) Multiple employees Signed by supervisor with first-hand knowledge (principal) 10 Brustein & Manasevit, PLLC

A-87: Multiple Cost Objectives Personnel Activity Reports (PAR) Signed every month by employee UNLESS, using “substitute system” (then 2 or 3 times per year) “For the month of September 2013, I spent my time 50% on Title I Program Services and 50% on non-federal programs.” Signature of Employee: /s/ Date: October 1, Brustein & Manasevit, PLLC

PAR Requirements: After-the-fact record Total activity for which employee compensated At least monthly Signed and dated by employee 12 Brustein & Manasevit, PLLC

Schoolwide Programs The programs included in the Schoolwide Plan constitute a single cost objective Need for records depends on the extent of consolidation of federal, state, and local funding Can be “conceptual” or “virtual” consolidation – not literal 13 Brustein & Manasevit, PLLC

Schoolwide time records If LEA/school consolidates... Then must keep... All federal, State, and local fundsNo time and effort records Federal only (“Consolidated federal pot”) Semi-annual – If works ONLY on SWP Plan (single cost objective) Monthly PAR – If works on SWP Plan and other programs not in Plan (multiple cost objectives) Nothing (only Title I funds SWP)Semi-annual – If works ONLY on SWP Plan (single cost objective) Monthly PAR – If works on SWP Plan and other programs not in Plan (multiple cost objectives) 14 Brustein & Manasevit, PLLC

A-87: Substitute Systems Subject to approval by the cognizant agency Grantees must receive prior written approval from ED Possible Systems: Random moment sampling Case Counts Other quantifiable measures of employee effort 15 Brustein & Manasevit, PLLC

OCFO – Substitute Systems Authorizes SEAs to permit LEAs to adopt a substitute system where a semiannual can be used for an employee working on multiple cost objectives if: Signed by employee AND supervisor Employee works on a schedule that includes multiple cost objectives; Work is “predetermined” (e.g. a teacher’s lesson plan); Employee is not permitted to work on multiple activities or different cost objectives at the exact same time on their schedule; and Documentation of the employee’s schedule meets the five separate elements set forth in the guidance (p.319) 16 Brustein & Manasevit, PLLC

A-21 Requirements (IHEs) Cost Objective: May be a major function of the IHE, a particular service or project, a sponsored agreement, or an F&A cost activity (p. 174) 17 Brustein & Manasevit, PLLC

A-21 Requirements (IHEs) 3 Methods of Payroll Distribution Tracking Plan Confirmation After-the-Fact Activity Reports Multiple Confirmation Records 18 Brustein & Manasevit, PLLC

A-21: Plan Confirmation Distribution of salaries of professional and professorial staff is based on budgeted, planned or assigned work activity, updated to reflect any significant changes in work distribution At least annually a statement will be signed by the employee, principal investigator, or responsible official(s) using suitable means of verification that the work was performed. 19 Brustein & Manasevit, PLLC

A-21: After-the-Fact Activity Reports Similar to PARs and Semiannual Certs Must be signed Must be after-the-fact record Every six months for professional and professorial staff Monthly for other employees 20 Brustein & Manasevit, PLLC

A-21: Multiple Confirmation Records Variety of records kept in combination. Prepared at least semiannually. Signed by employee or a person having direct knowledge of the work. 21 Brustein & Manasevit, PLLC

A-122 Requirements Similar to A-87 PARS, but NOT identical PARs for all staff (professional and nonprofessional) After-the-fact activity Total activity Prepared monthly Signed by employee OR supervisor with first-hand knowledge of the activities performed No semi-annual option Records capturing hours worked in accordance with DOL standards 22 Brustein & Manasevit, PLLC

Recap: What is required? SEAs/LEAs – Employees paid with federal funds: Semiannual certification for employee working on single cost objective Monthly PAR for employee working on multiple cost objective IHEs – Employees paid with federal funds: 3 options: plan confirmation, after-the-fact activity reports, multiple confirmation records Non-Profits – Employees paid with federal funds Monthly PARs for all employees working on federal funds 23 Brustein & Manasevit, PLLC

How do I know? SEA/LEA Is the employee paid with federal funds (or salary used for match)? Does the employee work on a single cost objective? IHE What system does your institution use? What type of employee (professorial/professional/other)? Non-profit Is the employee paid for with federal funds? 24 Brustein & Manasevit, PLLC

Pending Changes Supercircular Introduced February 2013 Comments accepted through June 2013 Final supercircular expected…soon? Changes to all circulars, including the use of a single time and effort section for all federal grantees 25 Brustein & Manasevit, PLLC

Supercircular The distribution of salaries and wages must be supported by certifications of the consistency of charges with the work executed All required certifications may be provided electronically Reports may use percentages to reflect categories or total activities 26 Brustein & Manasevit, PLLC

Supercircular “Periodic Certifications” Expected to work on a single federal award or cost objective Must be supported by periodic certifications; That the employee worked solely on that program; Prepared at least semi-annually; AND Must be signed by the employee or responsible supervisory official. 27 Brustein & Manasevit, PLLC

Supercircular Certified reports reflecting the distribution of charges within the payroll for each employee (professional and nonprofessional) whose compensation is charged, in whole or in part, directly to Federal awards must be maintained In no case will certification periods exceed 12 months Report can be integrated with, or separate from, payroll If integrated, duplication of reports is not required 28 Brustein & Manasevit, PLLC

Supercircular Certified Report MUST be signed by the individual employee or an individual responsible for verification that the work was performed Budget estimates do not qualify as certified reports For systems that meet these standards, the recipient WILL NOT BE REQUIRED to provide additional support or documentation for the effort actually performed 29 Brustein & Manasevit, PLLC

Supercircular Substitute systems may be used in place of these reports if approved by the cognizant agency. These systems are subject to approval if required by the cognizant or oversight agency. May include random moment sampling, “rolling” time studies, case counts, or other quantifiable measures of employee effort. 30 Brustein & Manasevit, PLLC

Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice. Attendance at the presentation or later review of these printed materials does not create an attorney-client relationship with Brustein & Manasevit, PLLC. You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. 31 Brustein & Manasevit, PLLC