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An incarcerated person who never receives mail is tagged as abandoned and becomes vulnerable to antibiotic ear drops best order fucidin attack or exploitation; s/he would have no advocates outside the system first line antibiotics for sinus infection order fucidin 10 gm with mastercard. For those interested in becoming a prison pen pal antimicrobial stewardship cheap fucidin generic, see the facing page for guidance 3m antimicrobial foam mouse pad buy fucidin once a day. If the person you are visiting is a member of your community, the visit is all the more important, because it reminds all involved that s/he is still one of you, despite the current circumstance of incarceration. On page 167, director and storyteller Eileen McAdams reflects on her experience visiting an incarcerated woman; Eileen is her only visitor. See the facing page for guidance on how to become a formal visitor in federal or military prison. The visitors make monthly visits to see prisoners who rarely, if ever, receive outside visits. Once a month we sit across the table from each other, talking over a meal as any two friends out for lunch might do. One Jewish inmate wrote: "i received your note and it made my day and will continue to bring me joy and happiness as i remember your kindness. Most prison chaplains across the country are Catholic and will often value the support of a rabbi or cantor for the Jews in their care. Rabbi Joanna Katz, a chaplain in New York State, suggests that a rabbi or cantor whose observance does include traveling could fill in, which might be attractive to wardens given their desire to forestall complaints from the people in their charge. In the Bay Area, Rabbi Lezak is coordinating a group of volunteers, including musicians, who will volunteer to lead Shabbat services in San Quentin State Prison from time to time. Rabbi Andrew Scheer, a chaplain in New York City, cites an example of a Christian colleague who is also the minister of a local church. This chaplain once brought some of his parishioners into the jail with him to participate in a prayer service with incarcerated people, which benefited both groups. Every prison and jail is different, with its own set of rules and procedures; federal, state, and local regulations are different, and individual wardens have a fair amount of discretion. Rabbi Fornari frequently teaches a Jewish spirituality group and says he always starts with some meditation. Rabbi Fornari notes that he always reads aloud, not assuming basic literacy-even in English. Rabbi Fornari also adds that he has found teaching incarcerated people how to study in chavruta to be impactful and effective. Unless the facility allows incarcerated people to move around unescorted, any program is going to add to the workload of the corrections officers, who are already often overworked. They have to bring the participants into the room, be present during the class, and then bring them back, all of which takes them away from other duties. The idea of teaching classes or promoting chavruta learning raises the question of book donations, which looks different to chaplains in different facilities. Rabbi Katz, in Westchester, says, "I have a full library-people always want to donate old books. I want to be able to have a variety of contemporary siddurim from the whole spectrum. Of the red tape involved in sending a box of books straight to the prison, "God help you," he says. Here are a few texts from #BlackLivesMatter protests-short and simple enough to understand at a glance, with great depth and power to them-to get you started. For a first dip into reading about mass incarceration: · the New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander. Yamate Articles Editors Joseph Giordano Gabriella Tringali Editorial Assistants Hannah Kelly Sarah Miller the views and opinions expressed herein are those of the author of each article or essay and not necessarily those of the Institute for Inclusion in the Legal Profession or the employer of any author. Any individuals who may be quoted in specific articles and who are identified in connection with their employer are not representing the views, opinions, or positions of their employer unless that representation is specifically noted. Brown 66 the Scientific Basis for the Ethical Obligation to Require Action to Eliminate Bias and Promote Diversity in the Legal Profession by David L. Douglass 72 Focus on the "How" (not the "Why") of the Commitment to Diversity in the Legal Profession by Stacy Hawkins 86 Diversity and Inclusion: Transformative Steps to a More Inclusive Profession by Sharon E. Molina 105 From Bystanders to Upstanders: Amplifying Diversity Efforts Through Action by Meredith Moore and Drew Gulley 112 An Empirical Analysis of Diversity in the Legal Profession by Jason P. Earley 237 Barring Black Men: Character and Fitness and the Underrepresentation of Black Men in the Legal Profession by Jay E. Our fourth Review once again presents important data and analytics on the state of diversity and inclusion in the legal profession. Its original articles contribute to our continuing search for innovative approaches in this area. I am pleased to hear that many of you consider them an informative and valuable tool. I also thank our Visionaries, Partners and Allies for their indispensable support and encouragement throughout our eight years of existence. Our goal is make it easier for busy lawyers, judges, law professors, students, employers, and diversity professionals to keep abreast of thinking and research related to diversity and inclusion in the profession and to provide momentum-and a regular venue-for addressing the continuing challenges that we face. We are delighted to present such a comprehensive sampling of this important work and welcome the continued development of both the content and format of the review. In particular, we hope to stimulate both large-scale and small-scale data collection and reporting by employers, diversity professionals, bar associations, and research institutions, so that we might better assess our progress toward greater integration and inclusion within the profession. In ever-expanding global economies, it seems inevitable that inclusion of new or varied perspectives is not only necessary, but critical to the successful growth of any industry. Research shows diversity and inclusion increase the richness of ideas and problem solving abilities. We need to commit to questioning our own beliefs and assumptions to help cultivate flexible and reflective thinking. Being a member of a professional services firm working closely with the legal industry, we at Claro recognize the importance of acting as a champion of inclusion and will continue to seek to work with firms with whom these values are aligned. While stalwarts of some perceived tradition may remain unchanged, even in the face of the evidentiary benefits of diversity and inclusion, we can all do our part to encourage the promulgation of these tenets, and work to ensure the most-timely end to antiquated traditions. We, again, look forward to working with this outstanding and collaborative body that has its eye on the future, and through which progress is being driven. Through its programs, projects, research, and collaborations, it seeks real change, now, and offers a new model of inclusion to achieve it. The Review features compelling essays that explore the nuances and important subtleties at play in regard to diversity and inclusion for lawyers, along with current research from academic experts. As such, the Review brings together insights on programs and strategies to address diversity generally and in regard to the different challenges that different people face in reaching the law. The depth and breadth of diversity and inclusion efforts makes it hard to keep abreast of the most current information about our progress or lack thereof. Its goal is to provide a current, comprehensive picture of the demographics of the profession and to use this information to help the profession set an agenda for effective future action. The summary is based on a review of academic, government, professional, and popular data sources. Most sources focus primarily on providing racial and ethnic data, or data about gender and minority1 representation, and these emphases are reflected below. The term "minority" typically is used to refer to aggregated data about African Americans, Asian Americans, Hispanics, and Native Americans, although there are variations from source to source. Unless otherwise noted, we follow the categories used in the original source and provide definitions in the footnotes. After peaking in the early 2000s at about 49%, female representation among law students has dropped to 47%, according to the most recent aggregate data (see Table 4). Women also make up a growing percentage of law school deans and tenured law faculty. Based on three-year (unweighted) averages, aggregate minority representation among lawyers has increased from 10. African American representation among lawyers has increased very little over the past ten years, from an average of 4. During the same period, Hispanic representation among lawyers increased from an average of 3. Thus, while African Americans historically have been the best-represented minority group among lawyers, this pattern has changed. Moreover, "legal occupations" collectively have the lowest level of minority representation of any subcategory of "management, professional, and related occupations," including those not reported here.

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These policies bacteria discovery order fucidin paypal, and the associated approach to antibiotics long term effects buy fucidin 10 gm on line drugs as primarily a criminal justice issue antimicrobial epoxy paint order generic fucidin from india, have continued with few changes to infection from pedicure cheap fucidin 10gm with visa the present day. The War on Drugs gave rise to mandatory minimum sentences, codified racial disparities in sentencing, contributed to the militarization of the police, and has led to the incarceration of large numbers of non-violent offenders. Police have extremely large discretion to stop and search people on suspicion of drug possession. The definition of drug users as criminals has been accompanied by a lack of adequate funding for the treatment programs that might have better success in reducing drug use than prison will. Solitary confinement is the practice of keeping an first introduced in 198227, that emphasizes stopping minor "quality of life" crimes like graffiti, vandalism, and tolljumping. This theory assumes that disorderly environments (like neighborhoods with lots of broken windows) breed more serious crimes. Advocates of reform argue that, instead, this method of policing merely applies harsh penalties to relatively minor infractions, with repercussions that reverberate through communities, cities, and the nation as a whole. The death of Eric Garner in 2014, approached on suspicion of selling single cigarettes, was one of the most public examples of the dangers of broken windows policing. In 2013, a coalition of organizing groups in New York City succeeded in securing a court order to strike down this policy in the city. Despite arguments that Stop and Frisk prevented crime, crime has continued to decline, even as the numbers of street stops has gone from more than 500,000 to fewer than 50,000. Property can be confiscated even if charges are never laid or a crime proven in court. These laws are often written and implemented in such a way as to force judges to impose harsh sentences even for non-violent offenders, eliminating judicial discretion in sentencing. A prosecutor is the government lawyer responsible for presenting in court the case against someone accused of a crime. These laws restrict options that shorten the effective sentence served, such as parole and "good behavior" credits. It focuses on holding accountable the person who caused the harm while also allowing the injured party, and the larger circle surrounding both, to heal and move forward. It stands in distinction to a system of retributive justice, such as the prevailing one in the United States, which focuses primarily on punishing the offender. An indictment is the official document that alleges that a person committed a certain crime. In some jurisdictions, the indictment must be approved by a grand jury, which votes on whether or not the prosecutor has presented enough evidence to make the indictment credible. An arraignment is the formal reading in court of the indictment, at which time the accused person is asked to enter a plea (guilty, not guilty, or another specific plea). Assistance Grant) is a federal program that gives grants to state and local agencies for fighting the war on drugs. For example, blacks are more than three times more likely to be arrested for drug crimes, even though whites use drugs at equal or slightly higher rates. Four years ago, the Baltimore Health Department issued a community profile of that neighborhood, and even in a city where poverty is widespread, it stands out. The unemployment rate there is about double the citywide average, and so is the poverty rate. Similarly, there are about twice as many liquor stores and tobacco outlets per capita in Sandtown-Winchester as in the city as a whole. Fully a quarter of juveniles in that neighborhood had been arrested between 2005 and 2009. It had the worst domestic violence rate of any of the neighborhoods the health department analyzed and among the worst rates for non-fatal shootings and homicides. A quarter of the buildings are vacant, and the lead paint violation rate is triple the city average. She writes in her introduction: To put the matter starkly: the current system of control permanently locks a huge percentage of the AfricanAmerican community out of the mainstream society and economy. The system operates through our criminal justice institutions, but it functions more like a caste system than a system of crime control. There are important differences, to be sure, among mass incarceration, Jim Crow, and slavery. Many of the differences are not as dramatic as they initially appear, however; others serve to illustrate the ways in which systems of racialized social control have managed to morph, evolve, and adapt to changes in the political, social, and legal context over time. What this book is intended to do-the only thing it is intended to do-is to stimulate a much-needed conversation about the role of the criminal justice system in creating and perpetuating racial hierarchy in the United States. Alexander is arguing for actual racism as a factor in every stage of the criminal-justice process. In the `40s and `50s, African Americans and advocates of fair housing understood that some network of discrimination was at work. But they did not understand how far the network actually went until the discovery of redlining maps, which made it painfully clear that what they were seeing was not random mindless bias but federal policy. I would not be shocked if one day [historians] discover the evidence that I found wanting in this book-evidence of intentionality, of direction, which shows that the carceral state really was, at its roots, an attempt to control black people. For instance, a 2005 study of drug arrests in Seattle found that racial bias drove policing and arrests; "in short, racial disparities might not be simply an unfortunate by-product of drug wars, but rather might be a constitutive component of those campaigns. We can no longer bear the weight of seeing our men, our Americans, our husbands, fathers, brothers, uncles and cousins humiliated, profiled, emasculated, choked, dragged and shot, day in and day out. Here are some statistics: Highest Incarceration Rates Per Capita Top 5 (incarcerated people per 100,000 people): United States St. Virgin Islands Barbados 716 714 709 539 521 Absolute Number of Incarcerated People More than 10. Russia comes in at 10th place with 475 incarcerated people per 100,000; China is much further down the list. For comparison with countries we see as peers: United Kingdom 147 France 98 Germany 79 Japan 51 45 Walmsley, Roy, "World Prison Population List (Tenth Edition)" (Kings College, London, England: International Centre for Prison Studies, 2013), p. Some argue that the goal of mass incarceration reform is so important that they will work with whatever partners are available. Others urge caution about the underlying goals of conservative groups and how these goals might influence the outcome of such partnership. One concern about a focus on budgets is that, as the economic crunch recedes and state budgets expand again, the financial argument will falter. Even before complete economic recovery, some states (such as Arizona47) prefer to spend money on more prisons even while slashing budgets in other areas like education. Another possible concern raises the possibility that seemingly neutral reforms actually benefit private contractors. For instance, one organizer contends, "Right on Crime reforms are driven by a desire to have more people on supervision, paying for their own technological monitoring, reentry services, and probation and parole fees. Policies that require drug testing in conjunction with increased opportunities for returning citizens to work may similarly benefit private companies, to whom workers must pay for the drug test (at a cost of approximately $42 per test). We caution against making broad generalizations either in favor of or against such collaborations, which take many forms nationally and locally. We present the debate to help frame dynamics that may arise within the context of such a partnership. It pioneers the use of solitary confinement, to give incarcerated people time for reflection and "penitence. The Court says nothing about how to pay for such counsel, leading to a rise in fees charged to defendants. Omnibus Crime Control and Safe Streets Act passes Congress, but with major modifications from conservatives that give most funding control to the states. Polls show less than 2% of the public believe illegal drugs to be the most important problem facing the country. Corrections Corporation of America, the first and largest of contemporary private prison corporations, founded. Horton was a black man serving a life sentence for muder in Massachusetts, where Dukakis was governor. Released for a weekend furlough, Horton did not return to prison as scheduled and subsequently committed assault, robbery, and rape.

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Conkling elaborated and made specific the argument which Stevens had first brought forward suddenly been released from slavery antibiotics for uti gonorrhea buy fucidin cheap, while falling within the category of "free persons antibiotic resistance review article order fucidin us," were not yet political persons virus alert lyrics 10 gm fucidin fast delivery. Enfranchisement alone carries with it political rights antibiotics h pylori buy cheap fucidin 10 gm on line, and these emancipated millions are no more enfranchised now than when they were slaves. If a black man counts at all now, he counts as five-fifths of a man, not as three-fifths. Four millions, therefore, and not three-fifths of four millions, are to be reckoned in here now," and in eleven states most of these four millions were presumed to be "unfit for political existence. Twenty-eight by those who once betrayed the Government, and for those instinct as not to be fit so destitute, we are assured, of intelligent for free agency. Shall four million beings count four million, in managing the affairs of the nation, who are pronounced by their fellow beings unfit to participate in administering government in the who are pronounced unworthy of the least states where they live and most paltry part in the political affairs? Shall one hundred and twenty-seven thousand white people in New York cast but one vote in this House and have but one voice here, while the same number of white people in Mississippi have three votes and three voices? Shall the death of slavery add two fifths to the entire power which slavery had when slavery was living? Shall one white man have as much share in the Government as three other white men merely because he lives where blacks out-number whites two to one? Shall this inequalwho did the foulest and ity exist, and exist only in favor of those guiltiest act which crimsons the annals of recorded time? New England, and the West Eliot of Massachusetts submitted tically an amendment, which was pracit the Fifteenth Amendment, but so, finally, not pass Congress. And the report was agreed that this could was sent back to the Committee of Fifteen. Meantime, on January 22, the Bingham Amendment on Civil Rights was considered in the Committee of Fifteen and referred to a subcommittee, after Boutwell had tried to make its wording milder, by saying that "Congress shall have power to abolish any distinction in the exercise of the elective franchise. He had changed the form in the hope that the amendment might be so framed that "in all the hereafter it might be accepted by the historian of the American Constitution like Magna Charta as the keystone of American legislation. It came up before the House of Representatives, February 13, as a proposed constitutional amendment and was debated at length February 27-28, when the House this refused to table it, but postponed it until April. Committee of Fifteen received the amendment on apportionment back from the House, it made the minor change of taking out the reference to direct taxes, which was irrelevant and of little importance. So that, again, January 31, the proposition came back to the House of Representatives. Stevens was unequivocal: "I do not want them [the Southern states] to have representation I say it plainly I do not want them to have the right of suffrage before this Congress has done the great work of regenerating the Constitution and laws of this country according to the principles of the 50 Again, Schenck of Ohio tried to Declaration of Independence. The House passed this form of the Fourteenth Amendment, January 3, 1866, and sent it the When - to the Senate. Bill had passed Congress, and, to the astonishment of the country, had been vetoed. Black Codes had been passed in Mississippi, Alabama, South Carolina, Florida, Virginia and Louisiana. It would hardly be a safe thing for the national credit to have such a body of men in Congress, reenforced as they would probably be, by a considerable number of Northern men ready to go for at least qualified the other hand, Northern business On repudiation. Blaine says that, "When Congress reassemits bled after the holidays, there a great change in attitude. The bankers of the great cities, whose capital and whose deposits all rested upon the credit of the country and were invested in its paper, believed that the speedy settlement of all dissension, and the harmonious cooperation of all departments of the government, were needed to maintain the financial honor of the nation and to reinstate confidence among the people. Against obstacles so menacing, against resistance so ominous, against an array of power so imposing, it seemed to be an act of boundless temerity to challenge the President to a contest, to array public opinion against him, to denounce him, to deride him, to defy him. Minnesota, the 52 same year, had defeated a constitutional also, in amendment giving Negroes the suffrage. In New York and some other states, there was special legislation on the voting of Negroes, which was not changed. Cotton was high, selling at forty-three cents a pound in 1865; it dropped to thirty cents only in 1866, with a crop of 1,900,000 bales, as compared with that marvelous crop that precipitated the Civil War, 5,740,000 bales in 1861. The price of agricultural products had increased, but not nearly as much as the prices of manufactured goods, and the farmers were feeling the difference. A Western editor wrote Senator Trumbull of Illinois: "You all in Washington must remember that the excitement of the great contest is dying out, and that commercial and industrial enterprises and pursuits are engaging a large part of public attention. The United the times are hard; money is close; taxes are forms of industry here in the West are heavily burdened; and in the struggle to pay debts and live, people are more mindful of themselves than of any of the fine philanthropic schemes that look to heavy; all making Sambo a voter, juror and office holder. There faced the country a tremendous problem of reorganizing the debt, reestablishing the currency and reducing the revenue. Stevens had rushed the Committee of Fifteen as fast as or faster than his majority wished. The first draft of the Fourteenth Amendment reached the Senate and was attacked by Charles Sumner. There was no greater proof of his courage, and his learning and keenness of mind were unquestioned. From the day of his great speech on Kansas to his unswerving advocacy of civil rights for Negroes and their political enfranchisement, he towered above his contemporaries. He was unwilling to compromise like Stevens, and for that reason was not made head of the great Committee of Fifteen. Sumner had no sympathy with an amendment which made the disfranchisement of Negroes possible and regarded it as "another compromise with human rights" and a discrimination on account of race and color which hitherto had been kept out of the Constitution. Thus the first proposition which Northern industry made, met the direct opposition of abolition-democracy. Charles Sumner, in a tremendous speech February 6, 1865, laid down the thesis that under no circumstances should it be possible to disfranchise a man simply on account of race or color; that here for the first time we had a chance to realize the democracy which the fathers of the Republic foresaw, and he spoke prophetic words on future disfranchisement. And this bare-faced tyranny of taxation without representation it is now proposed to recognize as not inconsistent with fundamental right and the guarantee of a republican government. Instead of blasting it you go forward to embrace it as an element of political power. If, on the other hand, you expect to accomplish a reduction of his political power, it is more than doubtful if you will succeed, while the means you employ are unworthy of our country. Should he cheat you in this matter, it will only be a proper return for the endeavor on your part to circumvent him at the expense of fellow-citizens to whom you are bound by every obligation of public faith. Sumner in the Senate, on the other hand, took little account of the political game. He set his strategy on the high ground of democracy, and democracy for all men, and it was his opposition that killed the first draft of the Fourteenth Amendment which permitted the disfranchisement of Negroes on penalty of reduced representation. Stevens with infinite pains had gotten this much through the Committee of Fifteen and the House of Representatives. No man demanded more for Negroes than Stevens, or was more thoroughly an advocate of complete democracy. But, as he said, "The control of republics depends on the number, not the quality, of the voters. He complained that his proposition had "been slaughtered by a puerile and pedantic block criticism. This kind of theoretical, hollow, un- practical friendship amounts to but very little. The Civil Rights Bill and the first draft of the Fourteenth Amendment were before the Senate. Douglass had seen Johnson on inauguration day in 1865 when President Lincoln had pointed Douglass out to him. Seeing that I observed him, he tried to assume a more friendly appearance, but it was too late. Until that interview the country was aware of the intentions and policy of President Johnson on the subject of reconstruction, especially in respect to the newly emancipated class of the South. Downing and myself, he occupied at least three quarters of an hour in what seemed a set speech, and refused to listen to any reply on our part, although solicited to grant a few moments for that not fully purpose. It has been shown in the present war that the government may justly reach its strong arm into the States and demand from those who owe it allegiance, their assistance and support. May it not reach out a like arm to secure and protect its subjects upon whom it has a claim? He was not going to make a speech; he had jeopardized life, liberty and property, not only for the colored people, but for the great mass of people.

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The 29 air permits and 61 general permits we reviewed had all ofthe required documents and were processed according to antibiotics z pack dosage buy generic fucidin pills statute and policy antibiotic joint spacer generic fucidin 10gm fast delivery. However antibiotic resistance definition 10 gm fucidin fast delivery, while the Commission complies with federal law regarding public notification antibiotics yeast infection prevention buy fucidin now, the current policies for public participation in the air permitting process could decrease the effective time available for commenting on the issuance of a permit. In addition, poor file management processes decrease the information available to the public and to permit writers. In April2002, the Commission embarked on a project intended to reduce the backlog in issuing permits. It developed aggressive time lines for the issuance of permits, and employees worked overtime to reduce the backlog from 1,126 permits in April2002 to 276 in September 2003. The public comment period begins when the permit applicant publishes a notice in a local newspaper. During those I 0 days, the Office of the Chief Clerk is not always aware that the public comment period has started or of when it is going to end. If citizens miss seeing the newspaper notice and ask the Office of the Chief Clerk for the dates of the comment period, they may not receive the correct information. Federal law requires that the permitting authority provide at least 30 days for public comment. Ensure that the Office of the Chief Clerk and other applicable Commission staff are aware of the public comment period dates or know to whom to refer citizens when they have inquiries about public comment periods. We will continue this practice, and we will remind stqff on how to handle public participation inquires. In testing the enforcement and permitting functions, we observed that some case files were missing while others were incomplete. Citizens use the files to Jearn about permit applicants and regulated entities in their communities. Investigation files are also available at regional offices, and these files are generally complete. However, they are not readily available to permit writers working in Austin or to the public seeking information from Central Records. Our testing of 81 records for compliance with enforcement policies and procedures showed that: Per Government Code 441. Additionally, while testing the perrnitting process we found that: 22 percent (8 of37) of the tiles we requested could not be located. Current policy does not indicate how soon a file must be returned to Central Records for processing and inventory after completion of a perrnit project. Central Records has a significant number of records sitting on shelves waiting to be processed. Recommendation Central Records should enforce current policies and ensure that it addresses procedures for the creation, maintenance, and inventory of files. The advisory service was conducted in October 2003 and provides additional recommendations for improved process control which are being implemented by the Central File Room. We tested data for January and April2003 and found several errors, most of which were attributable to the contractor. Although we did not find any incidences where this occurred, there is a risk that compliance-monitoring coordinators could increase permit limits to prevent a regulated entity from violating its permit. Chapter 5-A the Commission Does Not Monitor Contractor Data Entry for Accuracy A contractor enters the majority ofthe water quality self-reported data (see text box) for facilities classified as "minor. Testing ofthe data entered in the system Self-Reported Data identified a 7 percent error rate. In addition, 13 percent of the the Commission collects 105 different reports we tested had not been entered. Entities submit this data to the Commission as these errors and omissions were attributable to the contractor. Self-reported data is used for monitoring and analysis and can be Quality Monitoring Team from effectively monitoring water used for enforcement actions. A quarterly monitoring report identifies entities that reported exceeding their permit limits. Recommendations the Enforcement Division should: Implement a process to perform a quality review of data entry provided by contractors. The coordinators review the self-reported data received from water quality entities monthly. They are responsible for identifying violations and processing notices of violations. The two functions of entering permit limits and requirements and of monitoring compliance are properly segregated within the Commission. We evaluated these fees and program costs for fiscal years 2002 and 2003 and determined that revenues for these programs were sufficient to cover expenditures. In general, the Office of the Comptroller of Public Accounts (Comptroller) and the Department of Public Safety collect and transfer to the Commission its share of each fee they administer and collect on behalf of the Commission (see Table l). Table 1 Fee Details Air Emissions fees are based on allowable levels and/ or actual emissions, which the regulated entities report themselves. Solid Waste Disposal fees are assessed quarterly based on amounts the regulated entities report themselves. Consolidated Water Quality fees are assessed on authorized limits stipulated in permits. The Commission receives 98 percent of the fee, and it is deposited in the Petroleum Storage Tank Remediation account. The Lead~Add Battery fee is assessed on the sale, storage, use, or consumption of new or used lead-acid batteries, not for resale. The Commission receives 96 percent of the fee, and funds are deposited in the Hazardous and Solid Waste Remediation account. For fiscal year 2002, the Commission forfeited $28,747 in solid waste disposal fees because of this discount. While we were not able to quantify the effect of the discount for the past 12 years, the revenue lost could be significant. Neither state statutes nor the Texas Administrative Code give the Commission authority for granting this discount. The lack of official authority opens the door for other facilities to request a discount. Recommendation the Commission should reconsider the discount granted to federal facilities. Ifthe Commission decides to continue the discount, it should update its current rules and, if necessary, request statutory authority to officially authorize the discount. The Deputy for the Office of Permitting, Remediation and Registration is responsible for implementing this recommendation by June 2005. Federal facilities may have a legally supportable claim that they are not required to pay the part of this fee that is dedicated for use by local governments and regional planning commissions. The revenue directors and staff involved in the collection, transfer, and receipt of funds should meet annually to discuss changes that affect these processes. However, there are opportunities to improve the process and to assist the Commission in tracking and allocating the corresponding fees: As of August 2003, the Department had transferred 99. Testing of fiscal year 2002 records shows that the Department waited until year end to transfer sales of certificates collected via interagency transfer vouchers. In addition, the amount transferred at year end does not reconcile to interagency transfer voucher sales recorded by the Department in the reports it provided to the Commission. At the end of the fiscal year, the Department transferred approximately $14,000 in these vouchers to the Commission. The Commission depends on information provided by the Department in order to allocate collected fees among its programs. In particular, the Department should take steps to: Transfer funds using the Commission-requested Program Cost Accounts and fund numbers. Reconcile its monthly reports to its accounting system prior to providing them to the Commission. Provide the Commission with appropriate documentation so it can independently determine its share of sales by certificate type. Deposit reports are reconciled and monthly adjustment transfers are made on a more timely basis.

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