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Second Appeal Letter
PA ID# 109-55000; City of Oklahoma City
DSR ID# 877, 886, 887, 899, 946; Audit
August 8, 2003
Mr. Albert Ashwood
Oklahoma Department of Civil Emergency Management
P.O. Box 53365
Oklahoma City, OK, 73152-3365
Re: Second Appeal City of Oklahoma City, PA ID 109-55000, Audit,
FEMA-1066-DR-OK, Disaster Survey Reports 877, 886, 887, 899, 946, and 947
Dear Mr. Ashwood:
This letter is in response to your February 20, 2003, letter forwarding the referenced second appeal on behalf of the City of Oklahoma City. The City disputes FEMAs cost disallowance based on an audit of its grants conducted by the Office of Inspector General (OIG) in late 2001 and issued January 31, 2002. The amount in question is $284,595.
The City stated that the OIG conducted its audit more than three years after its grant application was closed. 44 CFR §13.42 (b) and (c) require grant recipients to maintain records for three years after its last expenditure report. In addition, FEMA is precluded from recovering funds more than three years after the final expenditure report, as set forth in Section 705 of the Robert T. Stafford Disaster Relief And Emergency Assistance Act (Stafford Act.) Therefore the City believes that FEMA should restore funding.
The Citys threeyear record retention requirement ended in 2000. Based on this evidence, I conclude that the OIG audit performed in 2001 was outside of the retention period, and accordingly, the City is entitled to the remaining $284,595 of assistance. Therefore, I am approving the appeal. By copy of this letter, I am requesting the Regional Director to implement my decision.
Please inform the applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Laurence W. Zensinger
Acting Director, Recovery Division
Emergency Preparedness and Response Directorate
Department of Homeland Security
cc: Gary Jones
Acting Regional Director