Department of Law

Department of Law

The Executive Budget recommends (analysis as of January 29, 2008):

A SFY 2008-09 workforce of 2,032. This is an increase of 61 FTEs from the adjusted FTE level for SFY 2007-08. The increase of 50 FTEs in the Counsel for the State program reflects the Legislative addition to the SFY 2007-08 enacted budget of $4 million, including $2.6 million in personal services. The following chart identifies adjustments in current fiscal years FTEs along with the recommended differences in FY 2007-08 FTEs by program (if the FTE’s are the same the program is not listed). The department reconfigured many of its programs during SFY 2007-08 which makes changes in some programs during that fiscal year difficult to evaluate:

Program	FY 2007-08 Adjustment	FY 2008-09 Difference
Counsel for the State	+50	+16
Criminal Investigations	+100	0
Economic Justice	+140	+10
Social Justice	+163	0
Criminal Prosecution	-100	0
Medicaid Fraud Control	+39	+35
Public Advocacy	-303	0

The additional 61 FTEs reflects 35 FTEs for Medicaid Fraud Prevention (Medicaid Fraud Control Program),; 10 FTEs for the Real Estate Finance Bureau (Division of Economic Justice); 12 FTEs for Project Sunlight --Version 2.0 of the single state agency database (Counsel for the State); 4 FTES for Nowhere to Hide –an initiative to hold landlords accountable when they allow their property to be used for criminal activity (Counsel for State). According to the Assembly, increases to the Medicaid Fraud Unit consist of $1.5 million for 26 additional auditors and investigators, and a $500,000 State match will support 9 FTEs for Medicaid Fraud Prosecution efforts, and the 4 FTEs in Nowhere to Hide will be investigators.

The total appropriation for Personal Service is $146.9 million, an increase of 3.5%.

An All Funds increase of $249.6 million, (+4.0%) from SFY 2007-08.

The following programs have restructured, funding appears to have transferred commensurate with FTEs:

100 FTEs from the Criminal Prosecutions Program have been shifted into a new Criminal Investigations Program
The Public Advocacy Program (-303 FTEs) has been split into the Division of Economic Justice (+140 FTEs) and the Division of Social Justice (+163 FTEs). The Division of Economic Justice enforces laws to prevent restraint of trade, protects consumers from fraudulent and/or deceptive business practices, regulates the sale of securities and addresses concerns about criminal online activities. The Division of Social Justice ensures compliance with the State’s health care and environmental laws, enforces State Labor and Workers’ Compensation Laws, protects charitable donors and beneficiaries, and enforces laws prohibiting discrimination.

The following programs have a decrease in personal services without an associated decrease in FTEs. This should be clarified in statewide labor management:
- Administration Program, -$895,000 (-7.5%)
- Appeals and Opinions Program, -$141,000, (-2.7%)
- Regional Offices Program, -$147,000 (-1.2%)

An overall department contractual service appropriation of $51.8 million, a $3.7 million increase over the SFY 2007-08 appropriation. $3 million of this increase is in the Administration program. The purpose of this increase should be discussed at statewide labor management.

The Executive Budget shows that the Department of Law will employ an estimated 189 FTE employees under consultant contracts in SFY 2008-09, unchanged from SFY 2007-08. The estimated cost of these FTE consultant contract employees is $13.7 million, for an average annual cost per FTE consultant contract employee of $72,376, a reduction of $942 per employee.

Department of Law
Program Details-State Operations
	Enacted	Proposed	Change in	Percent
Program	2007-08 Budget	2008-09 Budget	Appropriation	Change
All Funds	$239,992,000	$249,595,000	$9,603,000	4.0%
General Fund	$134,360,000	$134,360,000	$0	0.0%
Special Revenue-Federal	$37,480,000	$39,434,000	$1,954,000	5.2%
Special Revenue-Other	$68,152,000	$75,801,000	$7,649,000	11.2%

Personal Services	$141,886,000	$146,875,000	$4,989,000	3.5%
Contractual Services	$48,076,000	$51,784,000	$3,708,000	7.7%

Administration Program	$28,675,000	$32,202,000	$3,527,000	12.3%
Personal Service	$11,933,000	$11,038,000	($895,000)	-7.5%
Regular	$10,400,000	$10,001,000	($399,000)	-3.8%
Temporary service	$1,476,000	$980,000	($496,000)	-33.6%
Holiday/overtime compensation	$57,000	$57,000	$0	0.0%
Nonpersonal Service	$16,742,000	$21,164,000	$4,422,000	26.4%
Supplies and materials	$5,100,000	$5,100,000	$0	0.0%
Travel	$257,000	$257,000	$0	0.0%
Contractual Services	$11,385,000	$14,385,000	$3,000,000	26.4%
Travel	$0	$1,422,000	$1,422,000	100.0%

Appeals and Opinions	$5,956,000	$5,815,000	($141,000)	-2.4%
Personal Service	$5,129,000	$4,988,000	($141,000)	-2.7%
Regular	$5,079,000	$4,986,000	($93,000)	-1.8%
Temporary service	$31,000	$0	($31,000)	-100.0%
Holiday/overtime compensation	$19,000	$2,000	($17,000)	-89.5%
Nonpersonal Service	$827,000	$827,000	$0	0.0%
Contractual Services	$827,000	$827,000	$0	0.0%

Counsel for State	$91,401,000	$98,251,000	$6,850,000	7.5%
Personal Service	$28,121,000	$31,107,000	$2,986,000	10.6%
Regular	$27,420,000	$30,842,000	$3,422,000	12.5%
Temporary service	$562,000	$220,000	($342,000)	-60.9%
Holiday/overtime compensation	$139,000	$45,000	($94,000)	-67.6%
Nonpersonal Service	$10,057,000	$11,457,000	$1,400,000	13.9%
Travel	$399,000	$399,000	$0	0.0%
Contractual Services	$9,658,000	$11,058,000	$1,400,000	14.5%
Maintenance Undistributed	$4,000,000	$0	($4,000,000)	-100.0%
Personal Service	$2,600,000	$0	($2,600,000)	-100.0%
Regular	$2,600,000	$0	($2,600,000)	-100.0%
Nonpersonal Service	$1,400,000	$0	($1,400,000)	-100.0%
Supplies and materials	$50,000	$0	($50,000)	-100.0%
Travel	$400,000	$0	($400,000)	-100.0%
Contractual Services	$800,000	$0	($800,000)	-100.0%
Equipment	$150,000	$0	($150,000)	-100.0%
Special Revenue-Other (SRO)	$49,223,000	$55,687,000	$6,464,000	13.1%

Litigation Settlement (SRO)	$49,223,000	$55,687,000	$6,464,000	13.1%
Personal Service	$16,505,000	$18,545,000	$2,040,000	12.4%
Regular	$16,218,000	$18,258,000	$2,040,000	12.6%
Temporary service	$219,000	$219,000	$0	0.0%
Holiday/overtime compensation	$68,000	$68,000	$0	0.0%
Nonpersonal Service	$32,718,000	$37,142,000	$4,424,000	13.5%
Supplies and materials	$400,000	$400,000	$0	0.0%
Travel	$400,000	$749,000	$349,000	87.3%
Contractual Services	$20,444,000	$22,054,000	$1,610,000	7.9%
Equipment	$3,000,000	$4,777,000	$1,777,000	59.2%
Fringe benefits	$7,897,000	$8,448,000	$551,000	7.0%
Indirect costs	$577,000	$714,000	$137,000	23.7%

Criminal Investigations Program	$0	$8,982,000	$8,982,000	100.0%
Personal Service	$0	$8,442,000	$8,442,000	100.0%
Regular	$0	$8,329,000	$8,329,000	100.0%
Holiday/overtime compensation	$0	$113,000	$113,000	100.0%
Nonpersonal Service	$0	$540,000	$540,000	100.0%
Travel	$0	$228,000	$228,000	100.0%
Contractual Services	$0	$312,000	$312,000	100.0%

Criminal Prosecution Program	$24,275,000	$12,896,000	($11,379,000)	-46.9%
Personal Service	$16,368,000	$7,525,000	($8,843,000)	-54.0%
Regular	$15,871,000	$7,387,000	($8,484,000)	-53.5%
Temporary service	$289,000	$106,000	($183,000)	-63.3%
Holiday/overtime compensation	$208,000	$32,000	($176,000)	-84.6%
Nonpersonal Service	$3,003,000	$467,000	($2,536,000)	-84.4%
Supplies and materials	$5,000	$5,000	$0	0.0%
Travel	$420,000	$192,000	($228,000)	-54.3%
Contractual Services	$582,000	$270,000	($312,000)	-53.6%
Equipment	$1,996,000	$0	($1,996,000)	-100.0%
Special Revenue-Other	$4,904,000	$4,904,000	$0	0.0%

Law Dept Seized Assets Acct - (SRO)	$4,904,000	$4,904,000	$0	0.0%
Nonpersonal Service	$4,904,000	$4,904,000	$0	0.0%
Equipment	$4,904,000	$4,904,000	$0	0.0%

Economic Justice Program	$0	$13,133,000	$13,133,000	100.0%
Personal Service	$0	$11,933,000	$11,933,000	100.0%
Regular	$0	$11,841,000	$11,841,000	100.0%
Holiday/overtime compensation	$0	$92,000	$92,000	100.0%
Special Revenue-Other	$0	$1,200,000	$1,200,000	100.0%

Real Estate Finance - (SRO)	$0	$1,200,000	$1,200,000	100.0%
Personal Service	$0	$803,000	$803,000	100.0%
Regular	$0	$803,000	$803,000	100.0%
Nonpersonal Service	$0	$397,000	$397,000	100.0%
Fringe benefits	$0	$366,000	$366,000	100.0%
Indirect costs	$0	$31,000	$31,000	100.0%

Medicaid Fraud Control Program	$51,505,000	$53,444,000	$1,939,000	3.8%
Special Revenue-Federal (SRF)	$37,480,000	$39,434,000	$1,954,000	5.2%
Special Revenue-Other (SRO)	$14,025,000	$14,010,000	($15,000)	-0.1%

Fed Hlth & Human Svc (SRF)	$37,480,000	$39,434,000	$1,954,000	5.2%
Personal Service	$19,748,000	$21,674,000	$1,926,000	9.8%
Nonpersonal Service	$8,726,000	$7,548,000	($1,178,000)	-13.5%
Fringe Benefits	$8,406,000	$9,248,000	$842,000	10.0%
Indirect Costs	$600,000	$964,000	$364,000	60.7%

Medicaid Fraud Siezed Assets (SRO)	$1,097,000	$797,000	($300,000)	-27.3%
Nonpersonal Service	$1,097,000	$797,000	($300,000)	-27.3%
Supplies and materials	$55,000	$55,000	$0	0.0%
Travel	$56,000	$56,000	$0	0.0%
Contractual Services	$672,000	$372,000	($300,000)	-44.6%
Equipment	$314,000	$314,000	$0	0.0%

Recoveries & Revenue Acct (SRO)	$12,928,000	$13,213,000	$285,000	2.2%
Personal Service	$6,583,000	$7,225,000	$642,000	9.8%
Regular	$6,530,000	$7,203,000	$673,000	10.3%
Temporary service	$14,000	$0	($14,000)	-100.0%
Holiday/overtime compensation	$39,000	$22,000	($17,000)	-43.6%
Nonpersonal Service	$6,345,000	$5,988,000	($357,000)	-5.6%
Supplies and materials	$161,000	$145,000	($16,000)	-9.9%
Travel	$164,000	$120,000	($44,000)	-26.8%
Contractual Services	$1,971,000	$1,579,000	($392,000)	-19.9%
Equipment	$919,000	$532,000	($387,000)	-42.1%
Fringe benefits	$2,921,000	$3,291,000	$370,000	12.7%
Indirect costs	$209,000	$321,000	$112,000	53.6%

Regional Offices Program	$13,513,000	$12,939,000	($574,000)	-4.2%
Personal Service	$11,809,000	$11,662,000	($147,000)	-1.2%
Regular	$11,699,000	$11,626,000	($73,000)	-0.6%
Temporary service	$39,000	$12,000	($27,000)	-69.2%
Holiday/overtime compensation	$71,000	$24,000	($47,000)	-66.2%
Nonpersonal Service	$1,704,000	$1,277,000	($427,000)	-25.1%
Travel	$350,000	$350,000	$0	0.0%
Contractual Services	$1,354,000	$927,000	($427,000)	-31.5%

Social Justice Program	$0	$11,933,000	$11,933,000	100.0%
Personal Service	$0	$11,933,000	$11,933,000	100.0%
Regular	$0	$11,842,000	$11,842,000	100.0%
Holiday/overtime compensation	$0	$91,000	$91,000	100.0%

Public Advocacy	$24,667,000	$0	($24,667,000)	-100.0%
Personal Service	$23,090,000	$0	($23,090,000)	-100.0%
Regular	$22,649,000	$0	($22,649,000)	-100.0%
Temporary service	$118,000	$0	($118,000)	-100.0%
Holiday/overtime compensation	$323,000	$0	($323,000)	-100.0%
Nonpersonal Service	$1,577,000	$0	($1,577,000)	-100.0%
Travel	$394,000	$0	($394,000)	-100.0%
Contractual Services	$1,183,000	$0	($1,183,000)	-100.0%
Maintenance Undistributed	$0	$0	$0