New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.24 - Limits on administrative expenses and executive compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Background and
				intent. The purpose of this section is to implement Executive Order No. 38
				(E.O. 38), issued by Governor Andrew Cuomo on January 18, 2012, by exercising
				the authority of the Director of the Office of Victim Services to issue
				regulations governing the use of state funds and state-authorized payments in
				connection with providing program services to members of the public. E.O. 38
				provides for a limit on administrative expenses and executive compensation of
				providers of program services in order to meet the state's ongoing obligation
				to ensure the proper use of taxpayer dollars and the most effective provision
				of such services to the public. This section is meant to establish the minimum
				expectations and requirements pursuant to E.O. 38. Any contractual agreements
				or memoranda of understanding entered into with the office may provide for
				additional expectations and requirements beyond those enumerated in this
				section.
(b) Definitions. For
				purposes of this section:
(1) Administrative
				expenses are those expenses authorized and allowable pursuant to applicable
				agency regulations, contracts or other rules that govern reimbursement with
				State funds or State-authorized payments that are incurred in connection with
				the covered provider's overall management and necessary overhead that cannot be
				attributed directly to the provision of program services.
(i) Such expenses shall be limited to those
				permitted by the Federal, Victims of Crime Act (VOCA, 42 USC chapter 112 and
				related regulations) and shall include but are not limited to the following
				expenses, if otherwise authorized and allowable pursuant to applicable agency
				regulations, contracts or other rules that govern reimbursement with state
				funds or state-authorized payments:
(a) that
				portion of the salaries and benefits of staff performing administrative and
				coordination functions that cannot be attributed to particular program
				services, including but not limited to the executive director or chief
				executive officer, financial officers such as the chief financial officer or
				controller and accounting personnel, billing, claiming or accounts payable and
				receivable personnel, human resources personnel, public relations personnel,
				administrative office support personnel, and information technology personnel
				where such expenses cannot be attributed directly to the provision of program
				services;
(b) that portion of legal
				expenses that cannot be attributed directly to the provision of program
				services; and
(c) that portion of
				expenses for office operations that cannot be attributed directly to the
				provision of program services, including but not limited to telephones,
				computer systems and networks, professional and organizational dues, licenses,
				permits, subscriptions, publications, audit services, postage, office supplies,
				conference expenses, publicity and annual reports, insurance premiums, interest
				charges and equipment that is expensed (rather than depreciated) in cost
				reports, where such expenses cannot be attributed directly to the provision of
				program services.