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HomeMy WebLinkAboutReport on Compliance December 31, 2009Tautges Redpath, Ltd. Certified Public Accountants and Consultants REPORT ON COMPLIANCE WITH MINNESOTA LEGAL COMPLIANCE AUDIT GUIDE FOR LOCAL GOVERNMENT To the Honorable Mayor and Members of the City Council City of Oak Park Heights, Minnesota We have audited the financial statements of the City of Oak Park Heights, Minnesota, as of and for the year ended December 31, 2009 and have issued our report thereon dated March 15, 2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government promulgated by the State Auditor pursuant to Minnesota Statutes Section 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the City of Oak Park Heights, Minnesota complied with the material terms and conditions of applicable legal provisions, except as described in the accompanying schedule of findings and responses. This report is intended solely for the information and use of the City of Oak Park Heights, Minnesota's City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties. A -/ rA r . HLB TAUTGES REDPATH, LTD. White Bear Lake, Minnesota March 15, 2010 4810 White Bear Parkway White Bear Lake, Minnesota 55110 I 651 426 7000 651 426 5004 fax I www.hlbtr.com HLB Tautges Redpath, Ltd, is a member of M International, a world -wide organization of accounting firms and business advisors. I Equal Opportunity Employer CITY OF OAK PARK HEIGHTS, MINNESOTA SCHEDULE OF FINDINGS AND RESPONSES For The Year Ended December 31, 2009 20094 Forms of Collateral Criteria: Minnesota statutes require that if funds on deposit at a financial institution exceed available federal deposit insurance, the City shall require the financial institution to furnish collateral security or a corporate surety bond. MN Statute 118A.03, Subd. 2 states the allowable forms of collateral which can be furnished. MN Statute 118A.03, Subd. 2. In lieu of surety bond. The following are the allowable forms of collateral in lieu of a corporate surety bond: (1) United States government Treasury bills, Treasury notes, Treasury bonds; (2) issues of United States government agencies and instrumentalities as quoted by a recognized industry quotation service available to the government entity; (3) general obligation securities of any state or local government with taxing powers which is rated "A" or better by a national bond rating service, or revenue obligation securities of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service; (4) general obligation securities of a local government with taxing powers may be pledged as collateral against funds deposited by that same local government entity; (5) irrevocable standby letters of credit issued by Federal Home Loan Banks to a municipality accompanied by written evidence that the bank's public debt is rated "AA" or better by Moody's Investors Service, Inc., or Standard & Poor's Corporation; and (6) time deposits that are fully insured by any federal agency. Condition: One of the forms of collateral provided by First State Bank and Trust was a general obligation security of a school district. The security is rated Baal by Moody's, which is less than the "A" or better rating required by part (3) of the statute above. Cause: First State Bank and Trust was unaware of the rating requirement of the statute. Effect: By furnishing collateral with a lower rating, there is an increased risk that the City would not be able to retrieve its funds from First State Bank and Trust in the event of a bank failure. Recommendation: We recommend the City remind all banks of the collateral requirements as stated in MN Statute 118A.03 and verify any collateral pledged to the City is complying with these requirements. Views of Responsible Officials and Corrective Action Plan: The Finance Director spoke with a representative from First State Bank and Trust who stated the collateral with the Baal rating will be replaced by collateral with a rating of A or better. The representative will also verify all other collateral furnished by First State Bank and Trust meets the requirements of MN Statute 118A.03.