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2011-06-28 CC ARRA CIC Packethim r•- 'r' r 4'•b t M k t L 6 I Ma�1i If �1i�sf 7 i. }u�tis�I'" IN E J J•� i c CITY HALL Q ONE FRANK H. ❑GA 'A PLAZA, 4TI- FLOOR o OAKLAND, CALIFORNIA 94612 Office of the City Auc itoi= (510) 23 8-33 78 CoLianey A. Rub CPA FAX (5 0) 238 -7640 City Auditor TDD (5 0) 238 -3254 www.oald April 20, 20 California State Controller's Office John Chiang P.O. Box .942850 Sacramento, California 94250 5872 RE: SUGGESTED CHANGES FOR CLARIFICATION TO ASSEMBLY BILL 229 Dear Controller Chiang, First, we would like to express our appreciation for your co=itment to increasing fiscal and performance oversight in California's cities. As independently elected city auditors, we believe that government auditing is critical to accountability and good governance. .After carefully reviewing .Assembly Bill 229 as amended on March 3 0, 2011), we respectfully offer a select number of technical changes that. would greatly enhance this proposed legislation by providing increased clarity to certain sections of the bill. h Please find these suggest changes below (in. italics and .tr -1r154, .(E1 5A. A) 12410.6. (a) The Controller shall develop a plan to review and report on the annual financial audit reports i ncluding rr g th ose r "c JoT prepared ed in compliance odth the federal Single 4udit Act of 1984 for Toeai agencies. The w Controller, in consultation with the Department of Finance, and representatives of the League of California Cities, the California State Association of County Auditors, and the California Society of Certified Public Accountants, shall propose the content of, and adopt, an audit guide. Contre [lei John Chiang Suggested .changes foi• Clarification to Assembly Bill 229 Page 2 of 2 12410.7. a) The Controller on an annual basis shall review and monitor the annual financial audit, including those reports prepared in cornp ance wl'th. the federal Single A ud i t A ct cif' 1 984 .The Controller shall determine whether the audit reports conform with the reporting provisions of government auditing standards and the audit guide and shall notify each local agency, and the auditor of each local agency regarding each determination. 12410.9. (a) The Controller may perform quality control reviews of audit working papers of the annual financial audit reports, including those reports prepared in corrnpliance A) ith the federal Single Audit .pct of 1984, to detennine whether audits are performed in conformity nth governn audit standards and the local agency audit guide. The Controller shall con mlunicate the results of his or her reviews to the Department of Finance, the independent auditor, and the local agency for which the audit was performed, wid shall review his or her findings with the independent auditor, By implementing the aforementioned changes, the bill will benefit from the following enhancements (a) Ensuring that the audit type to which this legislation is directed, as defined in Scotian 12410.5 (a), is reflected throughout the legislation, thus preventing any misinterpretation; and (U) Distinguishing between (1) performance audits performed by independent city auditor offices in cities, such as Oakland and Berkeley, and (2) the ann ual f financial statement audits or single audits performed by commercial public accounting firms under contract to the cities, :As members of the Association of Local Government Auditors (ALGA), we encourage you to visit our website at ter, gxovernmentauditors.or or to contact us at aho gan c,it ofberkele info or ertib) for more information about city auditors and independent audit co=ittees. Please do not hesitate to contact either of us if you have any questions. Sincerely, COURTNEY A. UBY, CPA, CF ANN -MARIE HOGAN Oakland City Auditor Berkeley City Auditor CITE` HALL e ONE FRANK H. OCAWA PLAZA, 4TH FLOOR in OAKLAND, CALIFORNIA, 94612 Off ice of th City Audito Courtney A. Ruby, CPA City ALIClitOr April 20, 2011 Office of Asscinblymember Ricardo La .ra State Capitol P.D. Box 942849 e Sacramento, CA 94249 -0050 (51 o) 23 8-3 3 78 FAX (510) 238 7640 TDD (510) 238 -3254 www.oak anda RE: SUGGESTED CHANGES FOR CLARIFICATION TO ASSEMBLY BILL 229 Dear Assemblym.ember Lara, First, we would like to express our appreciation for your conunitrnent to increasing fiscal and perfonnan.ce oversight in California's cities. As independently elected city auditors, we believe that government auditing is critical to accountability and good governance. After carefully reviewing yo Assembly Bill 229 (as amended on March 3 0, 2011), vie respectfully offer a select number of technical changes that would greatly enhance this proposed legislation by providing Increased clarity to certain sections of the bill. Please find these suggested changes below (in. italics and Q+v;r� +rt�.n b 1 2410 .6. (a) The Controller shall develop a plan to review and repay on the a7inuaZ financial audit r��or is it ?eluding 117,ase reports is prepared in carn �aZiarice osifli tlzc��cderaa Shigle Audit Act of 1984 jor� l agencies. The Controller, in consultation with the Department of Finance., and representatives of the League of California Cities, the California State Association of Colony Auditors, and the California Society of Certified Public Accountants, shall propose the content of, and adopt, an audit guide. Assemblymember Ricardo Lara Suggested Changes for Clarification to Assembly Bill '429 Page 2 of 2 1241 0.7. (a) The Controller on an annual basis shall review and monitor the annual financial audit, including those reports prepared in compliance 144th the federal Single audit pct o8 The Controller shall determine whether the audit reports conform with the reporting provisions of goveznr cn.t auditing standards and the audit guide and shall notify each local agency, and the auditor of each local agency regarding each determination. 12410.9. (a) The Controller may perform. quality control reviews of audit working papers of the annual financial audit reports, including those reports prepared in rcompl`iance iiiith the federal Single Audit Act of 1984, to determine whether audits are performed in conformity with government audit standards and the local agency audit guide. The Controller shall comniunicate the results of his or her revi to the D ep artrnent of Finance, the independent auditor, and the local agency for which the audit was performed, and shall review his or her findings with the independent auditor. By implementing the aforementioned changes, the bill will benefit from the folio -Wing enhancements: (a) Ensuring that the audit type to which this legislation is directed, as defined in Section 12410.5 (a), is reflected throughout the legislation., thus preventing any misinterpretation; and (b) Distinguishing between (1) performance audits performed-by independent city auditor o ffi ces in cities, such as Oakland and Berkeley, sand. (2) the annual financial statement audits or single audits performed by commercial public accounting firms under contract to the cities. As members of the Association of Local Government Auditors (ALGA), we encourage you to visit our website at w\Afw.governmentauditors.org or to contact us at ahocran cit ofberl�ele .info or cxubv o al l andnet. co m for more information about city auditors and independent audit committees. Please do not hesitate to contact either of us if you have any questions. Sincerely, COURTNEY A. R Oakland City Audi Zo &L"- ANN-MARIE H o GAIL Berkeley City .Auditor