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RPVCCA_CC_SR_2013_12_17_C_Establishment_Of_A_Formal_Audit_CommitteeCITY OF MEMORANDUM TO : DATE: SUBJECT: REVIEWED: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DENNIS McLEAN, DIRECTOR OF FINANCE & INFOR ~N TECHNOLOGY ~ DECEMBER 17, 2013 ESTABLISHMENT OF A FORMAL AUDIT COMMITTEE CAROLYN LEHR, CITY MANAGER ~ Staff Coordinator: Ryan Mills, S~or Administrative Analyst, Finance & Information Technology V RECOMMENDATION 1. Adopt Resolution No. __ establishing a Standing Audit Subcommittee; and 2. Adopt and File the City Council Policy titled "Audit Committee". BACKGROUND In June 2013, the County of Los Angeles published a 2012-13 Civil Grand Jury Report titled "Fiscal Health, Governance, Finance Management and Compensation". As discussed in the Staff report that went before the City Council on September 17, 2013, the Civil Grand Jury sought to determine if cities in Los Angeles County were following "best practices" for fiscal governance and financial management. Since 2008, the City's Mayor has appointed an ad-hoc subcommittee of the City Council to serve as the Audit Committee; however, the Civil Grand Jury recommended the formal establishment of a standing audit committee, via City Council Resolution. The current ad-hoc subcommittee is composed of two city council members appointed by the Mayor and is responsible for meeting with the City's independent auditor, and to make a report to the City Council. DISCUSSION Audit Committees for local government agencies are considered a best practice and encouraged by professional organizations such as the Government Finance Officers' Association, the Institute of Internal Auditors (llA), the Association of Local Government Auditors, and the American Institute of Certified Public Accountants (AICPA). An audit C-1 ESTABLISHMENT OF A FORMAL AUDIT COMMITTEE December 17, 2013 Page 2 of 2 committee is a practical approach for the City Council to provide independent review of the city's financial reporting process, internal controls, and independent auditors. Audit Committee Policy Along with the resolution to establish the standing Audit Committee, Staff has drafted a proposed City Council Policy to define the responsibilities of the City's Audit Committee (Exhibit B). The proposed Policy includes the purpose, composition, scope of responsibilities, and required meetings for the Audit Committee. The Audit Committee would continue to be a subcommittee of the City Council, comprised of two members of the City Council annually, appointed by the Mayor. FISCAL IMPACT The Fiscal Impact cannot be estimated at this time, but is not expected to be significant. The Audit Committee may wish to retain the services of a third party advisor with expertise in municipal financial reporting to provide training and/or advice regarding the City's financial statements and annual independent audit. If the Audit Committee wishes to retain such third-party services, the estimated cost and recommendation for a budget adjustment, if necessary, will be addressed at that time. ATTACHMENTS 1. RESOLUTION NO. OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A STANDING AUDIT SUBCOMMITTEE 2. Draft City Council Policy titled "Audit Committee" C-2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ESTABLISHING A STANDING AUDIT COMMITTEE WHEREAS , in June 2013, the Los Angeles County Civil Grand Jury released its 2012-13 Civil Grand Jury Report, including an investigative report on Fiscal Health, Governance, Financial Management and Compensation for the Cities within Los Angeles County; and WHEREAS, a recommendation of the Civil Grand Jury Report was for each city in Los Angeles County to formally establish an audit committee as a best practice to provide independent review of the city's financial reporting process, internal controls, and independent auditors; and WHEREAS , since 2008 the Mayor of the City of Rancho Palos Verdes has appointed an ad-hoc subcommittee of the City Council to serve as the Audit Committee; and WHEREAS, on December 17, 2013, the City Council reviewed the staff report and the City Council Policy titled "Audit Committee"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS : Section 1. The City hereby establishes a Standing Audit Committee, comprised of two council members appointed annually by the Mayor Section 2. The City hereby approves the City Council Policy titled "Audit Committee", which is attached hereto, and incorporated herein by this reference, that defines the responsibilities of the City's Audit Committee. MAYOR C-3 ATTEST: Carla Morreale, City Clerk I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Rancho Palos Verdes, duly noticed and held according to law, on the __ day of December, 2013. Date: ------- Carla Morreale, City Clerk -2-C-4 CITY COUNCIL POLICY CITY OF RANCHO PALOS VERDES NUMBER: XX DATE ADOPTED/AMENDED: December 17, 2013 SUBJECT: Audit Committee PURPOSE The Audit Committee will serve the City of Rancho Palos Verdes to provide review and oversight of independent audit of the City's financial statements. The Audit Committee shall report all findings to the City Council. COMPOSITION, QUALIFICATIONS AND COMPENSATION The Audit Committee is established as a subcommittee of the City Council, comprised of two members of the City Council, annually appointed by the Mayor. If the Audit Committee does not have a member that is technically qualified to properly review the City's financial statements, the Committee may elect to retain the services of a third-party professional, such as a Certified Public Accountant with experience serving local government. The City's independent financial statement auditor(s) shall report directly to the Audit Committee. Members of the Audit Committee do not receive compensation, nor will be eligible for reimbursement. SCOPE OF RESPONSIBILITIES The scope of responsibilities are summarized as follows: 1) Make a recommendation regarding selection of the City's independent financial statement auditor during the procurement process. Typically , the City issues a new contract for independent audit services every 3 to 5 years. 2) Meet with the independent auditor at least twice during each annual engagement, including an audit planning meeting and an exit interview. 3) Analyze and report to the City Council any significant findings of the annual audit and possibly make recommendations regarding such findings. 4) Provide findings, if any, to the City Council regarding the following reports : a. City's Comprehensive Annual Financial Report (CAFR); b. Separately issued financial statements of the Improvement Authority ; c. Internal Control report prepared by the independent auditor; d. Single Audit Report for federal financial assistance (if applicable); and e. Management Letter prepared by the independent auditor, and management's response (if applicable). C-5 Annual Report to the City Council After reviewing the City's CAFR, the Audit Committee shall make a report of its findings, if any, to the City Council. In its annual report, the Audit Committee shall specifically state whether it has discussed the financial statements with management and the independent auditors . Reports of Financial Malfeasance If the City receives any reports of financial malfeasance, such as those from an internal whistleblower or those from an outside party, the report shall be forwarded to the Audit Committee for consideration. If the report is found to be credible, the Audit Committee shall retain an independent third party with sufficient expertise to conduct an investigation. Upon completion of the investigation, the Audit Committee shall report its findings directly to the City Council and offer recommended action. MEETINGS The City of Rancho Palos Verdes Audit Committee shall meet at minimum semi- annually (one planning meeting and one exit meeting) with the City's independent auditor. The Audit Committee shall schedule further meetings as they see fit. The meetings of the City of Rancho Palos Verdes Audit Committee shall be subject to the Ralph M. Brown Act. C-6