Agency: Attorney General Line Item: Attorney General Function The Attorney General Line Item is the single largest line item within the agency. It contains approximately ninety percent of the A.G.'s budget, representing the major divisions and programs. More detail about each program is provided below.
Intent Language Under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for the Attorney General in Item 9 of Chapter 2 Laws of Utah 2011 not lapse at the close of fiscal year 2012. Funding Detail For more detail about a particular source of finance or organizational unit, click a linked entry in the left column of the table(s) below. Sources of Finance (click linked fund name for more info) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp | General Fund | $24,531,050 | $23,135,750 | $25,043,850 | $24,366,350 | $26,477,500 | General Fund, One-time | $312,600 | $1,838,400 | $0 | $550,000 | $0 | Federal Funds | $1,304,000 | $1,474,200 | $2,140,300 | $2,028,400 | $1,538,700 | American Recovery and Reinvestment Act | $0 | $397,400 | $0 | $0 | $0 | Dedicated Credits Revenue | $18,013,300 | $18,360,200 | $17,919,400 | $17,118,200 | $17,634,100 | GFR - Constitutional Defense | $0 | $0 | $0 | $350,000 | $359,200 | GFR - Mortgage and Financial Fraud | $0 | $0 | $0 | $0 | $2,000,000 | GFR - Tobacco Settlement | $275,200 | $274,300 | $276,100 | $66,600 | $73,500 | Attorney General Litigation Fund | $335,400 | $332,900 | $336,500 | $336,900 | $345,000 | Transfers - Commission on Criminal and Juvenile Justice | $83,000 | $711,100 | $701,500 | $416,200 | $0 | Transfers - Federal | $322,300 | $314,600 | $367,100 | $573,100 | $601,900 | Transfers - Other Agencies | $59,900 | $59,300 | $60,000 | $60,000 | $61,500 | Beginning Nonlapsing | $2,647,400 | $1,017,000 | $2,820,600 | $3,869,300 | $2,853,600 | Closing Nonlapsing | ($1,017,000) | ($2,820,600) | ($3,869,300) | ($2,901,500) | ($976,900) | Lapsing Balance | $0 | ($2,100) | ($69,500) | ($73,400) | ($69,500) | Total | $46,867,150 | $45,092,450 | $45,726,550 | $46,760,150 | $50,898,600 |
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| | | | | | Programs: (click linked program name to drill-down) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Administration | $4,204,200 | $3,860,900 | $3,874,550 | $4,236,100 | $3,935,200 | Child Protection | $7,297,700 | $7,115,250 | $7,383,900 | $7,246,800 | $7,467,500 | Children's Justice | $1,248,500 | $1,069,700 | $1,137,600 | $1,177,800 | $1,273,000 | Criminal Prosecution | $14,334,400 | $14,340,400 | $14,592,600 | $14,917,900 | $18,465,300 | Civil | $19,782,350 | $18,706,200 | $18,737,900 | $19,181,550 | $19,757,600 | Total | $46,867,150 | $45,092,450 | $45,726,550 | $46,760,150 | $50,898,600 |
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| | | | | | Categories of Expenditure (mouse-over category name for definition) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Personnel Services | $42,396,850 | $40,712,600 | $41,107,400 | $41,668,600 | $46,197,300 | In-state Travel | $102,900 | $83,800 | $97,000 | $103,500 | $98,100 | Out-of-state Travel | $97,300 | $69,600 | $99,400 | $147,800 | $91,800 | Current Expense | $3,025,000 | $2,718,300 | $2,818,450 | $2,825,500 | $2,767,400 | DP Current Expense | $450,500 | $505,200 | $744,000 | $1,185,500 | $681,700 | DP Capital Outlay | $107,200 | $7,500 | $0 | $0 | $0 | Capital Outlay | $0 | $273,800 | $49,300 | $0 | $49,300 | Other Charges/Pass Thru | $687,400 | $683,450 | $811,000 | $829,300 | $1,013,000 | Transfers | $0 | $38,200 | $0 | $0 | $0 | Total | $46,867,150 | $45,092,450 | $45,726,550 | $46,760,200 | $50,898,600 |
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| | | | | | Other Indicators | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Budgeted FTE | 418.0 | 424.1 | 400.0 | 405.6 | 420.0 | Actual FTE | 408.7 | 397.4 | 398.9 | 410.0 | 0.0 | Vehicles | 47 | 50 | 50 | 53 | 50 |
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Subcommittee Table of ContentsProgram: Administration Function The Administration program provides executive oversight, management, and administrative support functions for the entire Attorney General's Office. Administrative support functions include accounting, information technology, human resource, grants management, procurement, facility and motor pool support, and other functions, allowing other programs to focus on their core services. Funding Detail Sources of Finance (click linked fund name for more info) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp | General Fund | $3,323,000 | $4,562,100 | $3,935,650 | $2,807,400 | $2,767,300 | General Fund, One-time | ($613,900) | $222,800 | $0 | $0 | $0 | Dedicated Credits Revenue | $849,700 | $942,400 | $1,068,400 | $620,200 | $766,000 | Beginning Nonlapsing | $909,600 | $347,500 | $67,100 | $1,296,600 | $1,378,800 | Closing Nonlapsing | ($264,200) | ($2,213,900) | ($1,196,600) | ($488,100) | ($976,900) | Total | $4,204,200 | $3,860,900 | $3,874,550 | $4,236,100 | $3,935,200 |
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| | | | | | Categories of Expenditure (mouse-over category name for definition) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Personnel Services | $2,579,700 | $2,398,300 | $2,453,700 | $2,465,900 | $2,505,800 | In-state Travel | $7,700 | $7,700 | $6,800 | $9,000 | $6,800 | Out-of-state Travel | $26,200 | $17,400 | $35,000 | $49,200 | $35,000 | Current Expense | $1,205,900 | $1,002,600 | $1,024,250 | $1,028,300 | $1,026,100 | DP Current Expense | $307,500 | $364,600 | $354,800 | $683,700 | $361,500 | DP Capital Outlay | $77,200 | $0 | $0 | $0 | $0 | Capital Outlay | $0 | $47,500 | $0 | $0 | $0 | Other Charges/Pass Thru | $0 | $22,800 | $0 | $0 | $0 | Total | $4,204,200 | $3,860,900 | $3,874,550 | $4,236,100 | $3,935,200 |
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| | | | | | Other Indicators | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Budgeted FTE | 29.0 | 30.0 | 27.0 | 27.5 | 28.0 | Actual FTE | 27.5 | 25.5 | 26.2 | 26.5 | 0.0 | Vehicles | 8 | 9 | 8 | 8 | 8 |
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Subcommittee Table of ContentsProgram: Child Protection Function The Child Protection Division represents the Division of Child and Family Services (DCFS) in court and administrative proceedings regarding child abuse, neglect, and substance dependency. It helps ensure that abused and neglected children are placed in safe living environments. It also advises case workers and represents the Department of Human Services with respect to licensure of child care centers and residential treatment centers. Background The Child Protection Division of the Attorney General's office is the result of the passage of the Child Welfare Reform Act in the 1994 General Session. Performance The number of Juvenile Court cases is a workload measure which is used to allocate staff. American Bar Association guidelines recommend a caseload of 60 to 80 cases as reasonable for Child Protection Attorneys, for them to adequately represent interest in the cases. The Attorney General currently has 35 attorneys working in this area, approximately 20 below the number needed to obtain a caseload per attorney ratio within the American Bar Association's recommended range.
Funding Detail Sources of Finance (click linked fund name for more info) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp | General Fund | $5,669,500 | $5,756,350 | $6,107,200 | $6,174,000 | $6,263,300 | General Fund, One-time | $0 | ($37,500) | $0 | $0 | $0 | Dedicated Credits Revenue | $1,260,200 | $1,427,000 | $1,265,100 | $1,048,500 | $1,204,200 | Beginning Nonlapsing | $400,000 | $32,000 | $55,100 | $38,600 | $0 | Closing Nonlapsing | ($32,000) | ($62,600) | ($43,500) | ($14,300) | $0 | Total | $7,297,700 | $7,115,250 | $7,383,900 | $7,246,800 | $7,467,500 |
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| | | | | | Categories of Expenditure (mouse-over category name for definition) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Personnel Services | $6,225,000 | $6,060,400 | $6,208,900 | $6,181,400 | $6,304,100 | In-state Travel | $26,400 | $15,200 | $18,600 | $22,100 | $18,600 | Out-of-state Travel | $500 | $200 | $2,500 | $1,900 | $2,500 | Current Expense | $484,600 | $531,900 | $559,100 | $405,500 | $558,900 | DP Current Expense | $24,100 | $16,600 | $30,100 | $77,600 | $30,300 | Capital Outlay | $0 | $37,400 | $19,100 | $0 | $19,100 | Other Charges/Pass Thru | $537,100 | $453,550 | $545,600 | $558,300 | $534,000 | Total | $7,297,700 | $7,115,250 | $7,383,900 | $7,246,800 | $7,467,500 |
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| | | | | | Other Indicators | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Budgeted FTE | 65.3 | 65.8 | 66.2 | 66.8 | 67.0 | Actual FTE | 65.6 | 64.4 | 65.5 | 65.7 | 0.0 | Vehicles | 5 | 4 | 5 | 5 | 5 |
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Subcommittee Table of ContentsProgram: Children's Justice Function The Children's Justice division provides local prosecutors and investigators with expertise and training in child abuse prosecution. Attorneys in this program often act as co-counsel with local prosecutors on complex and multi-jurisdictional child abuse cases. The division also prosecutes criminal non-support cases and provides legal assistance and training against elder abuse and domestic violence. The division is also responsible for coordination of the Children's Justice Centers system (funding for the centers is budgeted in a separate line item), and provides support staff for the State Advisory Board on Children's Justice. Performance The Children's Justice Division pursues criminal prosecution of child abusers. The number of active cases is a workload measure used to indicate the volume of resources being used in this area of the budget.
The number of cases and arrests or pending arrests of child sexual predators is in part a workload measure, and also a measure of the success of the ICAC task force. It indicates the number of offenders that are caught, reducing danger to the public. A reduction in the number of cases and arrests may indicate an impact on the prevelance of these crimes.
Funding Detail Sources of Finance (click linked fund name for more info) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp | General Fund | $987,000 | $819,500 | $876,500 | $917,200 | $1,006,700 | General Fund, One-time | $0 | ($7,600) | $0 | $0 | $0 | Dedicated Credits Revenue | $261,500 | $257,800 | $261,100 | $260,600 | $266,300 | Total | $1,248,500 | $1,069,700 | $1,137,600 | $1,177,800 | $1,273,000 |
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| | | | | | Categories of Expenditure (mouse-over category name for definition) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Personnel Services | $1,167,100 | $1,040,600 | $1,097,300 | $1,124,000 | $1,234,600 | In-state Travel | $4,700 | $2,700 | $3,800 | $2,800 | $3,800 | Out-of-state Travel | $2,500 | $100 | $2,400 | $2,600 | $2,400 | Current Expense | $64,100 | $17,500 | $29,500 | $30,200 | $27,600 | DP Current Expense | $1,200 | $1,100 | $4,600 | $1,800 | $4,600 | Other Charges/Pass Thru | $8,900 | $7,700 | $0 | $16,400 | $0 | Total | $1,248,500 | $1,069,700 | $1,137,600 | $1,177,800 | $1,273,000 |
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| | | | | | Other Indicators | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Budgeted FTE | 16.0 | 12.5 | 16.5 | 11.5 | 12.0 | Actual FTE | 11.3 | 10.4 | 10.3 | 11.0 | 0.0 |
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Subcommittee Table of ContentsProgram: Criminal Prosecution Function The Criminal Prosecution Program consists of five divisions of the Attorney General's Office: Criminal Justice, Investigations, Commercial Enforcement, Child and Family Support, and Criminal Appeals. Criminal Justice conducts criminal prosecutions, particularly homicide and public corruption cases, prosecutes crimes when county attorneys disqualify, and assists county attorneys with major cases. It includes prosecutors who specialize in insurance fraud, Medicaid fraud, tax fraud, and criminal non-support. Investigations provides investigative services in support of all divisions of the Attorney General's Office. In addition, this division operates several law enforcement projects aimed at catching criminals involved in internet fraud, crimes against children, Medicaid fraud, ID theft and mortgage fraud. The division also works extensively with local law enforcement agencies to coordinate statewide efforts. Commercial Enforcement represents most of the divisions of the Department of Commerce, including the divisions of Occupational and Professional Licensing, Real Estate, Securities, Corporations, and Consumer Protection. It also enforces antitrust laws and prosecutes white collar crimes, including financial crimes and money laundering. Child and Family Support serves as legal counsel to the Office of Recovery Services (ORS). It directly helps children by assisting in establishing paternity, determining child support obligations, and enforcing child support orders. Criminal Appeals handles all appeals arising from felony prosecutions and juvenile delinquency. It appeals adverse trial court rulings, and it responds to state post-conviction writs and federal habeas corpus petitions challenging state convictions, including death sentences. Performance This division handles all appeals of felony prosecutions and delinquency. The two disposition measures track the attorneys' success in prevailing against the appeals. The "number of appeals pending" is a workload measure indicating the backlog of work to be done, and indicates in part whether the division is staffed adequately to perform its mission.
Funding Detail The Attorney General Litigation Fund is a special revenue fund established in UCA 76-10-922 for costs and expenses incurred by the attorney general in relation to actions under state or federal anti-trust, criminal laws, or civil proceedings under the Protection of Personal Information Act. At the close of any fiscal year, any balance in the fund in excess of $2,000,000 must be transferred to the General Fund. Sources of Finance (click linked fund name for more info) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp | General Fund | $5,633,100 | $5,586,700 | $5,535,100 | $5,664,800 | $7,064,100 | General Fund, One-time | $0 | ($38,000) | $0 | $550,000 | $0 | Federal Funds | $1,304,000 | $1,474,200 | $2,140,300 | $2,028,400 | $1,538,700 | American Recovery and Reinvestment Act | $0 | $397,400 | $0 | $0 | $0 | Dedicated Credits Revenue | $5,731,600 | $5,519,700 | $5,385,900 | $5,153,500 | $5,379,300 | GFR - Mortgage and Financial Fraud | $0 | $0 | $0 | $0 | $2,000,000 | Attorney General Litigation Fund | $335,400 | $332,900 | $336,500 | $336,900 | $345,000 | Transfers - Commission on Criminal and Juvenile Justice | $83,000 | $711,100 | $701,500 | $416,200 | $0 | Transfers - Federal | $322,300 | $314,600 | $367,100 | $573,100 | $601,900 | Transfers - Other Agencies | $59,900 | $59,300 | $60,000 | $60,000 | $61,500 | Beginning Nonlapsing | $1,251,500 | $303,100 | $2,695,400 | $2,534,100 | $1,474,800 | Closing Nonlapsing | ($386,400) | ($320,600) | ($2,629,200) | ($2,399,100) | $0 | Total | $14,334,400 | $14,340,400 | $14,592,600 | $14,917,900 | $18,465,300 |
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| | | | | | Categories of Expenditure (mouse-over category name for definition) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Personnel Services | $13,192,600 | $13,010,400 | $13,039,700 | $13,112,900 | $16,842,700 | In-state Travel | $42,700 | $44,300 | $51,400 | $40,700 | $52,000 | Out-of-state Travel | $47,500 | $31,400 | $36,300 | $59,700 | $29,300 | Current Expense | $772,100 | $760,200 | $846,100 | $1,058,000 | $778,700 | DP Current Expense | $108,100 | $118,000 | $338,100 | $392,000 | $268,000 | DP Capital Outlay | $30,000 | $7,500 | $0 | $0 | $0 | Capital Outlay | $0 | $131,000 | $15,600 | $0 | $15,600 | Other Charges/Pass Thru | $141,400 | $199,400 | $265,400 | $254,600 | $479,000 | Transfers | $0 | $38,200 | $0 | $0 | $0 | Total | $14,334,400 | $14,340,400 | $14,592,600 | $14,917,900 | $18,465,300 |
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| | | | | | Other Indicators | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Budgeted FTE | 112.5 | 155.5 | 150.0 | 148.0 | 138.0 | Actual FTE | 133.4 | 133.3 | 134.4 | 138.4 | 0.0 | Vehicles | 32 | 35 | 35 | 38 | 35 |
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Subcommittee Table of ContentsProgram: Civil Function There are seven divisions within the Civil Program: State Agency Counsel, Education, Civil Appeals, Natural Resources, Litigation, Tax and Revenue, and Environment. The functions of each program involve advising state agencies and defending these agencies against pending litigation. State Agency Counsel provides legal advice and representation to several state agencies, and responds to public complaints regarding local public officials, open meetings, governmental records access, land use planning, and conflicts of interest. It also assists in collecting delinquent accounts for the University of Utah hospital, UHEAA, and the Office of State Debt Collection. Education provides legal counsel to the Utah State Board of Regents, the institutions of higher education, the Higher Education Assistance Authority's (UHEAA) student loan programs, and the State Board of Education and the entities it oversees. It also assists in collecting delinquent accounts for the University of Utah hospital, UHEAA, and the Office of State Debt Collection. This division is also responsible for providing representation and legal assistance to the Department of Health. Civil Appeals handles most civil appeals for the office, providing centralized efforts and increased quality control for civil appeals from various divisions of the Attorney General's Office. Natural Resources serves as legal counsel to the Department of Natural Resources. It also represents the state in matters of Indian law and in water rights adjudication cases in state courts, to ensure more certainty about future water usage throughout the state. Litigation defends civil suits for money damages covered by the state's Risk Management Fund, including claims brought against state agencies, school districts, and institutions of higher education. It also serves as agency counsel for the State Division of Risk Management. Tax and Revenue provides legal support to the Tax Commission, Insurance Department, Department of Financial Institutions, and state entities that issue bonds. It helps protect the state's monetary assets by ensuring that people pay their fair share of taxes and that Utahns have the insurance coverage and protection of financial deposits they expect. Environment provides legal support to the Department of Environmental Quality (DEQ) on such issues as air quality, hazardous waste treatment and disposal, leaking underground storage tanks, water protection, and radiation. It prosecutes environmental crimes in coordination with local and federal law enforcement officials. Funding Detail *Lapsing Balance: The FY 2011 lapsing and closing balances have been adjusted from prior years to reflect the accurate amount for these financing entries. Closing Nonlapsing has been reduced by $69,500 and Lapsing Balance has been increased by the same amount. Sources of Finance (click linked fund name for more info) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp | General Fund | $8,918,450 | $6,411,100 | $8,589,400 | $8,802,950 | $9,376,100 | General Fund, One-time | $926,500 | $1,698,700 | $0 | $0 | $0 | Dedicated Credits Revenue | $9,910,300 | $10,213,300 | $9,938,900 | $10,035,400 | $10,018,300 | GFR - Constitutional Defense | $0 | $0 | $0 | $350,000 | $359,200 | GFR - Tobacco Settlement | $275,200 | $274,300 | $276,100 | $66,600 | $73,500 | Beginning Nonlapsing | $86,300 | $334,400 | $3,000 | $0 | $0 | Closing Nonlapsing | ($334,400) | ($223,500) | $0 | $0 | $0 | Lapsing Balance | $0 | ($2,100) | ($69,500) | ($73,400) | ($69,500) | Total | $19,782,350 | $18,706,200 | $18,737,900 | $19,181,550 | $19,757,600 |
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| | | | | | Categories of Expenditure (mouse-over category name for definition) | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Personnel Services | $19,232,450 | $18,202,900 | $18,307,800 | $18,784,400 | $19,310,100 | In-state Travel | $21,400 | $13,900 | $16,400 | $28,900 | $16,900 | Out-of-state Travel | $20,600 | $20,500 | $23,200 | $34,400 | $22,600 | Current Expense | $498,300 | $406,100 | $359,500 | $303,500 | $376,100 | DP Current Expense | $9,600 | $4,900 | $16,400 | $30,400 | $17,300 | Capital Outlay | $0 | $57,900 | $14,600 | $0 | $14,600 | Total | $19,782,350 | $18,706,200 | $18,737,900 | $19,181,600 | $19,757,600 |
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| | | | | | Other Indicators | 2009 Actual | 2010 Actual | 2011 Actual | 2012 Actual | 2013 Approp |
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Budgeted FTE | 190.8 | 160.3 | 140.3 | 151.8 | 175.0 | Actual FTE | 170.9 | 163.8 | 162.5 | 168.4 | 0.0 | Vehicles | 2 | 2 | 2 | 2 | 2 |
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Subcommittee Table of Contents |