Enforcement Division Quarterly Progress Report September 2023

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The Enforcement Chief has been tasked with reducing open cases by 75%, ensuring annual carryover cases do not exceed 625, and resolving cases within two years. Progress on the directives is shown through case closure data comparison and specific targets set for reducing pre-2023 and carryover cases. Efforts are focused on closing older cases and improving efficiency in case resolution to meet the Commission's goals.


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  1. Policy Directives Quarterly Progress Report September 21, 2023 James M. Lindsay, Chief of Enforcement

  2. Commission has issued three result-oriented directives to Enforcement Chief Take all appropriate actions within Chief discretion to reduce by 75% the number of open cases existing prior to 1/1/23 as quickly as possible and no later than 12/31/24 (Sec I.A.) Identify and implement such policies and procedures as are necessary to ensure that, for the foreseeable future, the annual number of carryover cases does not exceed 625 (Sec I. B.) Establish and maintain a system for the efficient allocation and completion of Enforcement Division workload consistent with policy to resolve cases within two years (Sec II. B. ) Enforcement Chief to provide quarterly reports to Commission on achieving goals stated in Section I (Sec I. C.) Results-Oriented Directives and Quarterly Report Mandate 2

  3. Case Closures Comparison Data Cases Closed by Month, 2021-2023 Case Closure Data Graph Comparing case closures over similar period from 2021-2023 Substantially higher number of closures in 2023 More consistent level of monthly closures in 2023 Data shows consistency of focus on case closure since effective date of the Policy Directives 140 120 100 80 60 40 20 0 February March April May June July August 2021 2022 2023 3

  4. Directive 1: 75% Reduction of Pre-2023 Cases Baseline: 1,415 cases on December 31, 2022 Today: 924 Pre-2023 Cases Closed in 2023: 491 Pre-2023 cases for 35% reduction Focus on 2016-2019 cases where roughly 50% reduction achieved Closures needed to achieve 75% reduction: 570 Slightly under pace, but Enforcement is hopeful the directive can be achieved by December 31, 2024 # of Cases as of January 1, 2023 # of Cases as of August 31, 2023 0 2 48 92 206 259 317 Difference in Caseload for 2016-2022 Cases -3 -3 -41 -103 -95 -123 -123 -491 Year 2016 2017 2018 2019 2020 2021 2022 3 5 89 195 301 382 440 Total 4

  5. Baseline: 1,415 carryover cases on December 31, 2022 Today: 1,191 cases Reduction of 224 open cases Clear progress but farther to go on this directive Focus on 2016-2019 cases Focus on resolution of matters involving inadvertent and minor violations The road to 625 Short-term goal: 1,000 carryover cases at end of 2023 Long-term goal: achieved by end of 2025 Impediments to long-term goal are election year and likely greater incremental difficulty in resolving currently unresolved cases Directive 2: Reduction of Carryover Cases to 625 5

  6. Directive 3: 2-Year Case Lifecycle Although a result-oriented directive, this directive is contained within Section II of the Policy Directives regarding internal policies and procedures and separate biannual reporting to the Commission Initial biannual report to occur in January Data insufficient to assess progress currently January 2024 biannual report will include a four-year comparison of data concerning the following: Total number of complaints/referrals received, cases/investigations opened, cases/investigations closed, and cases referred to other agencies Average monthly rate of cases/investigations opened and closed for each class of Enforcement staff Detailed explanation for any differences in Enforcement Division performance during the reporting period compared with the prior years data Focus continues to be on case reduction directives as case reduction will naturally affect the lifecycle going forward 6

  7. Continued focus on resolving or moving older cases forward Intake Process Refinements Full-time Assistant Chief Increased effectiveness in 3- day and 14-day timeframes Turning verbal process refinements into written guidelines Additional personnel starting in September/October Intake: SSA and Attorney Prosecutions: 2 Attorneys Looking Forward 7

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