COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

DISTRICT ATTORNEY’S OFFICE

 

DATE:

April 17, 2007

BOARD MEETING DATE:

May 15, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

   

FROM:

James P. Fox, District Attorney

   

SUBJECT:

Request for Relief of Accountability of Delinquent Accounts

 

RECOMMENDATION:

 

Adopt a resolution authorizing the abandonment of collection effort and relief of accountability for certain San Mateo County accounts receivable as follows:

 

$363,750.44 for civil penalties ordered pursuant to judgments from civil law enforcement cases.

   

$2,887.37 for criminal fines ordered from criminal convictions.

 

VISION ALIGNMENT:

 

Commitment: Responsive, effective, and collaborative government

 

Goal #20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

BACKGROUND:

 

The District Attorney’s Consumer Environmental Unit is responsible for the prosecution of consumer and environmental protection cases and the related collection of fines and judgments ordered by the Court.

 

The Government Code provides that the County can seek relief from collection efforts for uncollectible accounts by writing off uncollectible debts after collection efforts are unsuccessful. County Administrative Memorandum Number D-10 provides that such accounts be taken to the Board of Supervisors to request relief. Per County policy, we are now submitting our write-off request for fiscal year 2006-07.

 

DISCUSSION:

 

Accounts presented for abandonment for FY 2006-07 fall into three categories: These are:

 

    Accounts too small to warrant further collection efforts. Examples include: initial account balances that are too small; and remaining balances on accounts that are too small. The uncollectible funds in these accounts for fiscal year 2006-07 total $150.00.

 

    Accounts for which the client has no resources to pay. Examples include: accounts that have aged beyond the statute of limitations for collection, and when no assets have been located for the client. The uncollectible funds in accounts under $10,000 total $11,700.00. The uncollectible funds in accounts mover over $10,000 total $214,549.81.

 

    Accounts for which subsequent Court stipulations have allowed the client to pay their judgments to other agencies. Examples include stipulations that allowed the client to pay penalties through site remediation instead of the San Mateo County District Attorney’s Office. The uncollectible funds in accounts over $10,000 total $140,238.00.

 

Attachment A provides a detailed listing of recommended write-offs by type of account and reason for write-off.

 

FISCAL IMPACT:

 

By virtue of the age and condition of the accounts, there is little or no chance of recovery of the write-offs. The accounts are not included in the amount provided to the Controller as collectible and thus will not affect the County’s financial statement.