Report 2016-301 Recommendation 13 Responses

Report 2016-301: Judicial Branch Procurement: The Five Superior Courts We Reviewed Mostly Adhered to Required and Recommended Practices, but Some Improvements Are Needed (Release Date: November 2016)

Recommendation #13 To: Superior Court of California, County of San Mateo

To ensure that it properly authorizes payments and purchases only allowable items, the San Mateo court should process payments in accordance with the requirements and recommended practices of the Judicial Council and the State. Specifically, the San Mateo court should amend its bottled water service contract to ensure that water is purchased for use by jurors and court room staff only.

Annual Follow-Up Agency Response From October 2023

Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees. However, court is planning to install water filters.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement


Annual Follow-Up Agency Response From October 2022

Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement


Annual Follow-Up Agency Response From September 2021

Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement


Annual Follow-Up Agency Response From November 2019

Pursuant to current agreements with SEIU Local 521 and AFSCME Local 829, the Court is required to provide bottled water in commonly accessible work areas for court employees.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement


1-Year Agency Response

The court does not plan on amending its bottled water service contract to ensure that water is purchased for use by jurors and courtroom staff only, because the Court believes it is infeasible to restrict water consumption through the vendor agreement, as that is something that would be monitored/controlled internally. During the course of the audit, court staff discussed with the auditors any reasons that would justify the provision of bottled water. The Court understands that bottled water cannot be provided unless there is a compelling reason, like no access to drinkable water, or public health concerns about the on-site water supply, or a contractual requirement in a labor MOU. Since May 31, 2017, pursuant to agreements with SEIU Local 521 and AFSCME Local 829 resulting from a wage reopener and pending SEIU grievance negotiation, the Court has been required to provide bottled water in current commonly accessible work areas for court employees. The agreement language will be sent via email to johnb@auditor.ca.gov.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

The San Mateo court's response indicates that it will not implement our recommendation. The court put itself in an awkward position by agreeing to continue to provide water to its employees in its employee bargaining unit agreements. However, as the court states, state policy is clear that there are limited circumstances in which the court can supply water to its employees and the court acknowledges that those circumstances were not a consideration in its decision. Therefore, we stand by our recommendation.


6-Month Agency Response

San Mateo Court is still discussing how best to address this audit issue

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

The court is still in the process of determining how to best address this audit finding .

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2016-301

Agency responses received are posted verbatim.