HomeMy WebLinkAboutLegal Compliance Report Year Ended December 31, 1988 4 ,
To the Honorable Mayor and
Members of the City Council
City of Oak Park Heights, Minnesota
We have examined the combined financial statements of the City of Oak Park Heights,
Minnesota, as of and for the year ended December 31, 1988, and have issued our report
thereon dated February 24, 1989.
Our examination was made in accordance with generally accepted auditing standards and
the provisions of the Minnesota Legal Compliance Audit Guide for Local Government
promulgated by the Legal Compliance Task Force pursuant to Minnesota Statutes Section
6.65. Accordingly, the examination 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 five main
categories of compliance to be tested:
1) Contracting and Bidding
2) Deposits and Investments
3) Conflicts of Interest
4) Public Indebtedness
5) Claims and Disbursements
Our study included all of the above 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 this report.
City of Oak Park Heights, Minnesota
Legal Compliance Report, Page 2
FINDING: Lack of Endorsement on Claims
CONDITION: The City does not employ a claims system. This is not uncommon for Minnesota
cities. There is a statutory requirement which outlines the disbursing process and
refers to approvals based on a claim system. The City does have alternate
approval mechanisms which provide reasonable assurances that authorized
amounts are disbursed. The lack of claim prcedures as referred to in Minnesota
statutes may be considered noncompliance with statutes.
CRITERIA: Minnesota Statute 412.271, Subd 3. reads as follows:
412.271 DISBURSEMENTS.
Subd. 3. Endorsement on claims. The clerk shall endorse
on each claim required to be audited by the council the word
"disallowed" if such be the fact, or, "allowed in the sum of
$........," if approved in whole or in part, specifying in the latter
case the items rejected. Each order shall be drawn that when signed
by the treasurer in an appropriate space, it becomes a check on the
city depository. Such order -check may have printed on its reverse
side, above the space for endorsement thereof by the payee, the
following statement: "The undersigned payee, in endorsing this
order - check, declares that the same is received in payment of a just
and correct claim against the city of ............. and that no part of
such claim has heretofore been paid." When endorsed by the payee
named in the order - check, such statement shall operate and shall be
deemed sufficient as the required declaration of the claim. Any
order presented to the treasurer and not paid for want of funds shall
be so marked and paid in the order of its presentation with interest
from the date of presentation at the rate of five percent or such lower
rate as is fixed by the council prior to its issuance.
RECOMMENDATION:
Our office has requested clarification of this issue from the Office of the State
Auditor regarding the applicablity of MS 412.271.
City of Oak Park Heights, Minnesota
Legal Compliance Report, Page 3
FINDING: Lack of Declaration by the Pavroll Clerk Indicating the Pavroll to be Correct
CONDITION: The payroll clerk does not sign a declaration that the payroll to the best of her
information and belief is correct. The following statute, in effect, establishes
internal control procedures for the City. The City of Oak Park Heights has
alternate procedures which safeguard the payroll process. The lack of the speck
procedure outlined in the following statute may be considered noncompliance
with Minnesota statutes.
CRITERIA: MS 412.271, Subd. 2 reads in part as follows:
412.271 DISBURSEMENTS.
Subd. 2. Claims, payment. ... Whenever work for which
wages are to be paid on an hourly or daily basis is done by
employees of the city, the clerk shall keep a payroll giving the name
of each employee and the number of hours or days worked by each
and the timekeeper, supervisor, or other officer or employee having
knowledge of the facts shall sign a declaration that the facts recited
on the payroll are correct to the best of the declarant's information
and belief; and when any claim for wages listed on a payroll is paid,
the employee shall sign a declaration, which may be a part of the
payroll, to the effect that the employee has received wages and done
the work for which wages have been paid. The declarations relating
to claims or payrolls shall be in substantially the following form: "I
declare un th e penalti of perjury (here insert, if claimant: that
ism is dust and correct and no part of it has been paid; if
timekeeper, supervisor, officer or employee having knowledge of
the facts: that to the be st of my information and belief the items of
thill are correct; if employee who has been paid: that 1 tiave
received the wages stated on this payroll opposite my name and have
done the work for which wages were paid).
Date Signed" ... _
RECOMMENDATION:
We recommend the City consider altering procedures to comply with Minnesota
Statute 412.271, Subd. 2.
City of Oak Park Heights, Minnesota
Legal Compliance Report, Page 4
Further, for items not tested, based on our examination and the procedures referred to above,
nothing came to our attention to indicate that the City of Oak Park Heights, Minnesota had not
complied with such legal provisions.
This report is intended solely for the use of the City of Oak Park Heights, Minnesota and should
not be used for any other purpose. This restriction is not intended to limit the distribution of this
report which is a matter of public record
Respectfully submitted,
VOTO, TAUTGES, REDPATH & CO., LTD.
Certified Public Accountants
February 24, 1989