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HomeMy WebLinkAboutLegal Compliance Report December 31, 1992 O TA UTGES, REDPA TH & CO., LTD. CERTIFIED PUBL IC A CCOUN TA N TS To the Honorable Mayor and Members of the City Council City of Oak Park Heights, Minnesota We have audited the general purpose financial statements of the City of Oak Park Heights, Minnesota, as of and for the year ended December 31, 1992, and have issued our report thereon dated February 26, 1993. We conducted our audit in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; 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. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. General Purpose F inancial Statements Compliance with laws, regulations, contracts, and grants applicable to the City of Oak Park Heights, is the responsibility of City's management. As part of our audit, we assessed the risk that noncompliance with certain provisions of laws, regulations, contracts, and grants could cause the financial statements to be materially misstated. We concluded that the risk of such material misstatement was sufficiently low that it was not necessary to perform tests of the City's compliance with such provisions of laws, regulations, contracts, and grants. However, in connection with our audit, nothing came to our attention that caused us to believe that the City of Oak Park Heights had not complied, in all material respects, with the laws, regulations, contracts, and grants referred to in the preceding paragraph. J&gal Com pliance 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. 4810 White Bear Parkway • White Bear Lake, Minnesota 55110 • 612/426 -7000 • FAX /426 -5004 • Member of HLB International City of Oak Park Heights, Minnesota Legal Compliance Report, Page 2 FINDING: Lack of Endorsement on Claims CONDMON: 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 procedures 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 applicability of MS 412.271. City of Oak Park Heights, Minnesota Legal Compliance Report, Page 3 Further, for items not tested, based on our audit 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, TAUTGES, REDPATH & CO., LTD. Certified Public Accountants February 26, 1993