HomeMy WebLinkAboutIndependent Auditor's Report on Compliance December 31, 1998 1
Tautges Redpath, Ltd.
Certified Public Accountants and Consultants
Independent Auditor's 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 general purpose financial statements of the City of Oak Park Heights,
Minnesota, as of and for the year ended December 31, 1998 and have issued our report
thereon dated March 3, 1999.
We conducted our audit 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 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 five main
categories of compliance to be tested: contracting and bidding; deposits and investments;
conflicts of interest; public indebtedness; and 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. Further, for the 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 for the information of the City of Oak Park Heights, Minnesota.
However, this report is a matter of public record and distribution is not limited.
March 3, 1999
HLB TAUTGES REDPATH, LTD.
Certified Public Accountants
4810 White Bear Parkway, White Bear Lake, Minnesota 55110, USA Telephone: 651 426 7000 Fax: 651 426 5004
HLB Tautges Redpath, Ltd is a member of ® International. A world -wide organization of accounting firms and business advisers.
City of Oak Park Heights, Minnesota
Independent Auditor's Report on Compliance, Page 2
FINDING: Deficiencies in collateral for deposits.
CONDITION. At December 31, 1998, the City had deposits in the amount of $1,704,720 at
Central Bank. Deposits of $100,000 were insured by the FDIC. Deposits
require collateral of at least ten percent more than the amount on deposit in
excess of that covered by FDIC insurance. The collateral requirement was
$1,765,192 ($1,704,720 - $100,000 = $1,604,720 x 110 %). Collateral in the
amount of $1,514,103 was provided resulting in a collateral deficiency of
$251,089.
CRITERIA: Minnesota Statute I I 8 provides certain specific collateral requirements for
deposits as follows:
118A.03 WHEN AND WHAT COLLATERAL REQUIRED.
Subdivision 1. To the extent that funds deposited are in excess of
available federal deposit insurance, the government entity shall require the
financial institution to furnish collateral security or a corporate surety bond
executed by a company authorized to do business in the state.
Subdivision 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) 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
(5) time deposits that are fully insured by the Federal Deposit Insurance
Corporation.
City of Oak Park Heights, Minnesota
Independent Auditor's Report on Compliance, Page 3
Subd. 3. Amount. The total amount of the collateral computed at its
market value shall be at least ten percent more than the amount on deposit
plus accrued interest at the close of the business day. The financial
institution may furnish both a surety bond and collateral aggregating the
required amount.
Subd. 4. Assignment. Any collateral pledged shall be accompanied by
a written assignment to the government entity from the financial institution.
The written assignment shall recite that, upon default, the financial
institution shall release to the government entity on demand, free of
exchange or any other charges, the collateral pledged. Interest earned on
assigned collateral will be remitted to the financial institution, its assigns, or
both.
Subd. 5. Withdrawal of excess collateral. A financial institution may
withdraw excess collateral or substitute other collateral after giving written
notice to the governmental entity and receiving confirmation. The authority
to return any delivered and assigned collateral rests with the government
entity.
Subd. 6. Default. For purposes of this section, default on the part of the
financial institution includes, but is not limited to, failure to make interest
payments when due, failure to promptly deliver upon demand all money on
deposit, less any early withdrawal penalty that may be required in
connection with the withdrawal of a time deposit, or closure of the
depository. If a financial institution closes, all deposits shall be immediately
due and payable. It shall not be a default under this subdivision to require
prior notice of withdrawal if such notice is required as a condition of
withdrawal by applicable federal law or regulation.
Subd. 7. Safekeeping. All collateral shall be placed in safekeeping in a
restricted account at a Federal Reserve Bank, or in an account at a trust
department of a commercial bank or other financial institution that is not
owned or controlled by the financial institution furnishing the collateral.
The selection shall be approved by the government entity.
RECOMMENDATION.
We recommend that the City monitor amounts on deposit with each
depository to insure that amounts on deposit do not exceed collateral pledged.