03o9a91.1b ~'~~ COMMISSIONERS' COURT AGENDA REQUEST MADE BY Jeannie Hargis OFFICE: Auditor's Office MEETING DATE March 9, ?009 TIME PREFERRED: None SUBJECT: Consider, Discuss and Take Appropriate Action on the Audit Schedule for 2009 for Kerr County with an Information Packet on the Powers, Duties & Responsibilities of a County Auditor. This information is being submitted to Commissioners Court as well as all Department Heads/Elected Officials. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Jeannie Hargis ESTIMATED LENGTH OF PRESENTATION: One minute IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Ta: From: CC: Date: Re: 1 Elected Officials and Department Head Jeannie Hargis, Kerr County Auditor Judge Prohl and Judge ~Nilliams March 3, 2009 Audit Schedule of Kerr Gounty Departments In order to better clarify the role of the County Auditor, I am attaching an outline and narrative description of the Powers, Duties and Responsibilities of the County Auditor. This material was provided to me when I attended a conference called "On the Road Training for County Auditors" in January. This vri!I be placed on the March 9, 2009 Commissioners Court Agenda for information purposes. The material outlines what a County Auditor is responsible for, when they should audit, how often, and the Statue of the Local Government Code requiring these duties be performed. I hope that you will find this helpful and give you a better understanding of the scope of ourjob. Last year, my goal was simply to learn about the cash collection system in each office as well as the internal controls that were in place in each office with regard to tine collection and safeguarding of the cash. We were able to audit most every department last year and made recommendations at the completion of each audit. I have attached an audit calendar for 2009. Our goal for this year is to again audit cash procedures which you will see is required each year as well as to review procedures ar~d reports required by each department. Every department is different and complex. It is impossible for us to thoroughly audit every aspect each year, but the goal is to audit all procedures cf each department within three years. Once we have audited all aspects of each department, we will be able to have an audit program to cover all procedures of each department so should be able to perform one audit for internal control and risk assessment at least every 18 months. We will request a meeting with each elected official/department head before we begin each audit to explain what procedures we will be testing and request in advance a list of items that we would like to review. We will need to have a work space in each department for a certain portion of the field work; however, we will work diligently not to interfere with the daily operations of the department. I hope that this will help you identify our role and responsibilities. I am always available to help any of you with any problems that you may have with regard to your budget, the financials or internal control procedures that you may want to improve on or develop so we can provide a better more efficient system to our tax payers. Thank you very much for doing such a great job for Kerr County ~ ~ 1- F= Z D W ~ ~ Q 1- m tY o ~ o ~ N Q ~' ~ H 0 Z u" Q (L O Q U ~ W W J ~ U a 'a ~ O Q U ~ ~ ~ ~ ~ ~ ~ W +.+ C ~ `~- O 0 ~ d CJ d CJ d G: V d O d d d d d~ Q d ~ f~4 c. ~ a Q. ~ ~ s ~ Q .c s U ~ .~ .c 0 0 0 0 0 o c~c o ~ cNa cya m cya ~ U U UUUU U U F-UU >UU a~ ~ o y.. L 0 = o O U N ~ r + U ~F. L Q ~L ~ U ~ ~ a ~~ V1 t11 (A to N tp U U U U U U U ~ ~ Lj .Q ~ ~ L L L L L ~ ~ ~ ~ ~ ~ L ~ L L Q Q Q ,... 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U O 3 U U ~ ?~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W > ~ ~ ~ ~ ~ o Q G , 4 , , v ~ O O ~ \p N N ~n ~n ,~ O w ~--~ ~ w ~-. .U.~ ~ N w U U y U ~ 0 U ~ ~ ~ U C 7 ~ ,. .~ va ~ U ~ b ~ o O O :.~ L ~ ~ O ^CS N O i O O O •in w .-O ~~ Cn O O O O a> '~ .. y„ W~ O~ O O O O s.. ~ ~ O R ' ~ ~ Q 00 "~ i ^C N cn w y ' u . -d Q ca C C. U ~ ~ ~ •y ~..~ w+ ~ y C v~ W O ~ . ~ C ~ ~ O ^ ~ ti O ~ ~ U U U ~ W d U ~ c ~ Q~ C QU ~. ., ti T~ b ~ S POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Powers, Duties and the County Auditor Overview Responsibilities of History and Authority of the County Auditor's Office Prior to the establishment of the office of the county auditor in Texas, a county's financial duties were split primarily between the county clerk and the county treasurer. This is still the case in counties that do not have county auditors. The office of county auditor was created by statute in 1905. Counties of 10,000 population or more are required to have an auditor, but two or more counties with a population under 25,000 each may jointly employ a county auditor. A county's district judge(s) appoint the auditor for two-year terms. Appointment by the district judge rather than the commissioners court helps establish the auditor's independent authority over the county's finances. The auditor is an independent official whose duties are regulated by state law. Courts have ruled that the county auditor is not an employee of the district judge(s) or of the county, even though the district judge(s) set the auditor's office's budget and the county appropriates money for it. County auditors must be competent accountants with at least two years of experience in auditing and accounting, though there is no requirement that they be certified public accountants. They must also have "unquestionably good moral character and intelligence." The auditor is essentially the chief financial officer of the county as well as the internal auditor; he audits the county's financial transactions and has some financial accounting and record keeping responsibilities. If the county has a population of more than 225,000, the county auditor also acts as the budget officer unless the commissioners court has appointed someone else to be the budget officer, as is the case in Galveston County. The auditor has broad responsibility to strictly enforce the law governing county finances including authority over the books and records of the county, district and state officers who collect county revenue. The auditor prescribes the form of all financial reports submitted to the commissioners court and the systems of accounting in counties with a population of 190,000 or more. In addition, the auditor must review and approve all vouchers for payment, sign all warrants, and audit all county, district and precinct officers. In short, the auditor is the expert on all county financial matters. Page 1 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR The Audit Section Should Not Perform Non-Audit Duties. In the past more emphasis has been given to the bookkeeping responsibility with auditing taking a back seat. A careful review of the laws dealing with county auditors shows that should not be the case. This presentation focuses solely upon the audit duties of the county auditor. The auditing responsibility is at least as important as the bookkeeping responsibility. From a standpoint of risk, or what's at stake, it could be argued that the auditing responsibility is more important. Failure to comply with audit responsibilities could result in the auditor's removal from office. The county auditor's basic responsibilities are to maintain the county's general ledger, approve vouchers for payment, audit the books and reports, and provide guidance and rules of accounting for all county offices. These duties do not include responsibility for bookkeeping or data entry for other county officers. It is never good practice for auditors to audit their o«~n bookkeeping, because errors and fraud are less likely to be caught and corrected. If auditors prepare documents for other county offices, it is more difficult to hold those offices accountable for their records. There is no incentive for county staff to account correctly and completely for revenues, expenditures or equipment in their department if someone else performs the duty for them. The auditor will beheld accountable by other officers because the auditor produced the documents. Even within the auditor's office there needs to be a clear separation of duties. The audit staff should strictly perform audits since they will be reviewing the other non- audit duties of the auditor's office, such as voucher approval, accounting and financial reporting. Another reason auditors should stop performing non-audit duties is that they need to spend more time auditing in order to meet all of their statutory audit requirements. Who Has Audit Responsibilities County auditors obviously have audit responsibilities. But they're not the only ones. Commissioners courts have some audit responsibilities, and in counties without county auditors, county treasurers have to do some auditing as well. Where all three -auditor, treasurer, and commissioners court, are working together and fulfilling their responsibilities, there's no doubt that the county's financial management will be strengthened. Page 2 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR The audit responsibilities given the county auditor are much broader than those given the county treasurer and commissioners court. Primary Audit Responsibility is Assigned by Law to the County Auditor. The overriding responsibility and authority of the county auditor is derived from Local Government Code, Section 112.006. (a) the county auditor has general oversight of the books and records of a county, district, or state officer authorized or required by law to receive or collect money or other property that is intended for the use of the county or that belongs to the county. (b) the county auditor shall see to the strict enforcement of the law governing county finances. There is one audit responsibility in the above law - seeing to the strict enforcement of the law governing county finances. The responsibility is broad. It includes just about everything related to county finances. For example, it would include the following: • Are purchases being based on approved requisitions? • Are the bidding/proposal statutes being complied with? • Is money collected by officials being remitted to the county treasurer in accordance with the Rapid Deposit Law? • Is all money held by county officials, deposited in depository bank(s) only? • Are restricted revenues being expended only for authorized purposes? • Is the county staying within their budget? • Are the provisions of the Fair Labor Standards Act being complied with? • Is machinery and equipment being used only for county purposes? • Are reports by officials being done as required by law? • Is the depository bank(s) collateral in a sufficient amount and of an authorized type? LGC, SEC. 112.006 does not say who has to be audited or how frequently the audits have to be done but a continuous audit function is implied. There are other more specific audit responsibilities and authorities that are discussed later. Page 3 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Audit Objectives Internal audit responsibilities and duties are not optional. They are specifically required by Texas law and Texas law gives the auditor authority to fulfill those responsibilities. h1 addition there are perceived responsibilities that derive from the expectations of the public and other officials. These can be just as important and sometimes more important than the legal responsibilities. Both will be discussed here. Statutorily Derived Objectives Sometimes the law is not clear as to "why" it requires certain duties to be performed: However, as you read the section on Statutory Audit Responsibilities and Authority try to read between the lines to see the "intent" of the statutes. The general objective of internal auditing is to help ensure the integrity of the county's financial operations. There are four statutorily derived objectives: To have reasonable assurance that: 1. All money due is being collected? 2. Money collected is being properly remitted? 3. All money and other property is properly managed? 4. Money and other property is properly expended, recorded and reported? 1. The official has collected all the money or other property due. This would include: a. Actually checking the money/property in their possession. b. Making sure the proper amounts were actually received, not just accepting what's shown. In other words, are amounts in line with statutes, court orders, contracts, etc. Does supporting documentation verify or back it up. c. Periodically confirming with payors amounts paid. Did John Doe actually pay $85.00 as the records show? d. Ensuring that diligent efforts have been made to collect amounts owed. Do records indicate phone calls/letters to collect overdue fines? Page 4 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR 2. The money collected was remitted to the appropriate party. This would include: a. Making sure the right amounts are sent to: - County treasurer - State (Comptroller, Parks & Wildlife) - Refund claimants - Other b. Making sure remittances are timely. - Statute - Rapid deposit law - Contract c. Making sure refunds or other amounts due individuals/organizations are paid even though they may not be aware of it. d. Confirming some dismissed cases. Was the case actually dismissed with no money received? 3. All money and other property is properly managed. This would include: a. Making sure all money and other property is adequately safeguarded. - Basic Internal Control - Physical Security - Insurance - Bonding b. Making sure investments are legal. c. Compliance with depository laws and contracts. d. Making sure machinery/equipment used only for legal purposes. e. Compliance with grant and contract provisions. 4. All money and other property is properly expended, recorded and reported. This would include: a. Making sure money received and disbursed out of appropriate fund. b. Making sure money expended in accordance with statute or contract (e.g. road and bridge expenditures). c. Ensuring money expended in accordance with budget. d. Ensuring budget amendments are made when necessary. e. Making sure all amounts expended are legally owed, in the right amount, and to the appropriate party. Page 5 of 43 ?009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBII,ITIES OF THE COUNTY AUDITOR f. Ensuring compliance with the Prompt Payment Act. g. Making sure bookkeeping/accounting system is according to statute or contract and reflects what actually happened. h. Ensuring that all reports are accurate and include all relevant facts. Non-Statutory Based Objectives. Provide assurance that: Operations conform to prescribed procedures/policies. This would include: a. Commissioners court or county-wide policies/procedures. b. Procedures prescribed by the count~~ auditor. c. Bond %ovenants or Grant Requirements d. Policies/procedures of individual officials. The policies/procedures could relate to: - Bookkeeping Handling money Operations in general Operations are being conducted in the most effective and efficient manner. These are commonly called perforniance reviews and would include: a. Looking for better uses of time and money. b. Seeing where money can be saved. c. Looking for better ways to serve the public. Common methods for evaluation are benchmarking with accepted standards and activity based costing (ABC). 3. Public Confidence in the County's Financial Integrity. Perceived responsibilities can be just as important as legal responsibilities. When financial problems or scandals arise, the auditor cannot solely stand on the ground that legal responsibilities were fulfilled. The auditor will need to restore the public's confidence in the financial integrity of the county. This is in keeping with the statutory mandates that the auditor maintain general oversight of the books and records of all officials and strictly enforce the laws governing county finances. Page 6 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Auditing relating to non-statutory based objectives should be done only if auditing relating to statutory derived objectives is kept up to date. If the auditor believes anon- statutory objective outweighs a statutorily required audit, he or she should have clearly determined so through the use of a formal risk assessment. Page 7 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Statutory Audit Responsibilities and Authority Specifically, audit anyone necessary, and as frequently as needed to provide reasonable assurance that county finances are in compliance with state law. On,t; oink Duties and Responsibilities The auditor has broad responsibility for the correctness of the: a) books, accounts, reports, vouchers and other records of any officer; b) orders of the commissioners court relating to county finances; and c) common school district vouchers. (LGC 115.001) 1) Has the auditor accepted oversight of each of these areas? Identify offices and officers that the auditor considers to be outside of the scope of oversight and compare with the statutes in this document. All offices require some degree of oversight by the county auditor. 2) How is this oversight evidenced? • Are audits planned and performed? • Are all offices included in the risk assessment, etc? If not, then document your exceptions. Monthly and Quarterh~ Duties I) Audit the books and reports of all county officers (a) The county auditor shall carefully examine and report on all reports that are about the collection of money for the county and that are required to be made to the commissioners court. (b) At least once each quarter, the county auditor shall check the books and shall examine in detail the reports of the county tax assessor-collector, the county treasurer, and all other officers. The auditor shall verb the footings and the correctness of those books and reports. The auditor shall either stamp the books and reports approved or shall note any differences, errors, or discrepancies. Page 8 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR (c) The auditor shall carefully examine the report made under Section 114.026 by the county treasurer, together with the canceled warrants that have been paid. The auditor shall ver~ those waf°rants with the register of warrants issued as shown on the auditor's books. (LGC 11 S. 002) a) Technically, this responsibility is only for reports to the commissioners court about "collections." However, it should be expanded to all financial reports. i) How does the auditor fulfill his or her responsibility for oversight of financial reports made to the commissioners? ii) Which reports are "carefully examined" and which are not? iii) Are these reports included in the risk assessment? iv) Documentation (1) Is there documentation to prove the reviews were done? (2) Was there a report issued? Only if there were findings? b) Each quarter, the auditor should "audit" the books and reports of all "officers." i) Which officers are not "audited" quarterly? ii) If the auditor cannot audit each office quarterly, he or she should include all financial functions of all offices within the risk assessment and audit the less risky offices/functions on a less frequent schedule. (no less than annually). (1) If certain officers or functions are not audited quarterly, are they included in the risk assessment and found to be the lowest risk? iii) Do the documentation (workpapers and other files) and reports meet the performance standards outlined elsewhere in this program? c) The Treasurer's report is usually made monthly; however, some counties may consider the "regular" term of the commissioners court to be quarterly. i) Review LGC § 81.005 concerning the terms of commissioners courts. ii) Determine when the court's "regular term" is by examining: (1) The agenda and orders from the last regular meeting of the county's prior fiscal year. (2) Any orders during the year establishing a different time for the treasurers' report. Page 9 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR (3) If the treasurer's report is filed less than monthly, there must be documentation that the court has established a quarterly regular teen. iii) Has the auditor determined that the report complies with §114.026? (The report prepared by the Bell Co. Treasurer is a good one to use as an example.) iv) Does the auditor examine the cancelled warrants? (This should be just a sample test of cancelled checks.) 2) Does the auditor perform surprise cash audits of the Treasurer? (a) At least once each quarter, or more often if the county auditor desires, the auditor shall, without advance notice, fully examine the condition of, or shall ~C<<.~ Jn ,, ~aJ1~, iilS17e'i;t aiid %iJiiiii, the= %aSli livid l7y tii% COk17 y ii"eu^.i%il'eJ' Or l" J'; ~' J' JJ? which the treasurer has placed the cash for safekeeping. (b) The auditor shall make sure that all balaJ~ces to the credit of the various funds are actually on hand in cash and that none of the funds are invested in any manner except as authorized by law. (LGC 115.003) a) This is strictly a surprise cash audit. It is limited in scope and therefore the auditor should be able to complete this four times a year. These could be combined with the quarterly audits mentioned above; only if the treasurer consents to having a more extensive quarterly audit on a surprise basis. i) Count cash on hand and in depository iil ~Ierifv that the amrnint r~rn~ntrvd aara.ec with the hnnkc 1 > ._b_ iii) Verify that the funds are legally invested (See Public Funds Investment Act in the Govt. Code Chapter 2156 or the investment officer review program) Examine receipt books for criminal cases statute: Code of Criminal Procedure (CCP) 103.011 Art. 103.OI1. Audit An officer shall deliver the receipt book or a copy of any receipt records contained in a computer database to the county auditor at the end of each month's business or at the end of each month shall allow the county auditor elect~•onic access to receipt Page 10 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR records contained in the computer database. The county auditor shall examine the receipt book or computer records and determine whether the money collected has been properly disposed of. If each receipt in a receipt book has been used, the county auditor shall keep the book. If any receipt in the book has not been used, the auditor shall return the book to the officer. The county auditor may keep a copy of computer generated receipt records delivered to the county auditor. Any person may inspect a receipt book or a computer generated receipt record kept by the county auditor. objectives and scope of audit: To examine the receipt books of officials collecting fines and fees in criminal cases for the county to determine whether the money collected has been properly remitted. comment: The objective is not further defined. We recommend that the audit determine (1) if the reports are correct, that is, do they reflect what actually happened; and (2) if the money was properly handled and remitted. Also, note that the statutory requirement covers only money collected by the officer, not money owed to the county, such as fines and fees assessed but not yet paid. frequency of audit: Monthly. disposition of findings: Not stated. supporting authority: An official with a receipt book for criminal cases "shall deliver his receipt book to the county auditor at the close of each month's business." Also, CCP 103.012: Any official or official's deputy violating 103.011, or 103.010 dealing with how to keep the receipt book, commits a Class C misdemeanor and may be removed from office on the petition of the county or district attorney. comment: CCP 103.011 provides that if the receipt book is used up, the county auditor retains it. If there are unused receipts in it, the county auditor returns it to the official. Computerized receipts. Receive a monthly report and reconcile to the receipt copies in the official's office or directly with the computer system if you have remote access. Page 11 of 43 ?009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Annual Duties 1) Does the auditor conduct annual surprise audits of "all public funds" of all county, district and precinct officials? (LGC l 15.0035) ,§ 115.0035. Examination of Funds Collected by County Entity or the District Attorney (a) For purposes of this section, "accounts" means all public funds that are subject to the control of any precinct, county or district official, including the accounts of law enforcement agencies and the attorney for the state composed of money and proceeds ofproperty seized and forfeited to those officials. (b) At least once each county fiscal year, or more often if the county auditor desires, the auditor shall, without advance notice, fully examine the accounts of all precinct, county and district officials. (c) The auditor shall verify the correctness o~the accounts and report the,fndings of the examination to the commissioners court of the county at its next germ beginning after the date the audit is completed. (d) This section does not apply to funds received by the attorney for the state from the comptroller of public accounts pursuant to the General Appropriations Act, of° to ,federal or state grant-in-aid funds received by precinct, county or district officials. This surprise audit could also fulfill one of the quarterly audits required by (LGC 11 S. 002) and the surprise cash audit of the treasurer required by (LGC 11 S. 003). It could also fulfill the annual requirement of X11 S. 004 below if expanded to include "all funds "and not just public funds. a) This includes all officials including the: ~ i_ i, i rrr - - --- 1) JllVeIllle anQ aQLilt prO~atlOil oll1GCI~S, 11) ~istTict Attorney, iii) JPs, and others b) This includes all "public" funds not just county money. It includes: i) property seized and forfeited to law enforcement officials and probably, Code of Criminal Procedure Art. 59.06. Disposition of Forfeited Property (~ All law enforcement agencies and attorneys representing the state who receive proceeds or property under this chapter shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds and property in an audit, which is to be performed annually by the Page 12 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR commissioners court or govef-ning body of a municipality, as appropriate.... Usually the commissioners court ask the auditor to perform this task. Copies of the audit are submitted to the Attorney General and the Comptroller on special forms. ii) abandoned funds held by the treasurer and other officials. Abandoned funds and property are governed by Chapters 72-76 of the Texas Property Code. c) It doesn't apply to: i) Property held for 3rd parties such as: (1) inmate trust funds held by the sheriff, (2) registry funds held by county and district clerks, and (3) restitution held by the JPs, Dist. Attys, or County Attorneys. ii) State appropriations received by the DA, or iii) State and federal grant funds. (LGC 115.0035) d) Does the auditor prepare reports of these surprise audits to the commissioners? 2) Does the auditor conduct annual audits of "all funds" of all county, district and precinct officials? This seems superfluous to the requirements of x'115.0035 except that it addresses all fu~ids held by an officer and not just public funds. Therefore the funds excluded f•om the audit above would be included here. Once again, this annual audit would not be needed if the surprise audit above is expanded to include "all funds" and in counties less than 190, 000 the report is sent to the grand jury or district court as well as the commissioners court. Page 13 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR a) Counties with population of 190,000 or More (LGC 115.004) § 115.004. Audit in County With Population of 190,000 or More (b) At the end of the fiscal year or the accounting period fixed by law, the county auditor shall audit, adjust, and settle the accounts of the district attorney, the district clerk, and each county or precinct officer. (c) If the county auditor is unable to obtain proper reports or an adequate accounting from any of those persons, either during or after the person's term of office, the auditor may require an accounting and may proceed at the county's expense as the auditor considers necessary to protect the interest of the county or of the person entitled to any funds. b) Counties with a popuiation of 190,Ov0 or iess. § 114.041. Statement of Fees, Commissions, and Other Money Received by Officers (a) 1n a county with a population of 190,000 or less, a district, county, or precinct officer shall keep, as part of a record provided for the purpose, a statement of the fees earned by the officer and of the money received by the officer as deposits for costs trust fund deposits in the re istry of a court fees of office and conunissions. The officer must make an entry in the record when the fees or commissions are earned or the deposits are made and when the money is received. The county auditor or, if the county does not have a county auditor, the l:U1111111sJIVIICrJ l:Vllrt J11all aIIriiiaiiy ~xauiii-c the rcwrd~ and a%wuntS of each officer and report the findings of the examination to the next grand jury or district court. 3) Special Audits maybe called by the commissioners court, grand jury, or voter petition. (LGC 115.031-033) a) Auditor must verify that the audit was properly called. b) Auditor should determine why the audit was requested to determine whether it could have been included in regular audit routine Page 14 of 43 2009 Powers Duties Responsibilities of Cry Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Miscellaneous Audit Responsibilities Most of the following legal cites contain audit requirements. These must be studied carefully to see if they apply. Most counties will need to perform those duties listed under headings for the District Attorney, Juvenile and Adult Probation, Jail Commissary, County Roads, and Registry Funds. The remaining duties fall primarily under Special Districts, which may or may not apply. Once again, the auditor should attempt to audit efficiently by combining all requirements into as few audits as possible and still comply with the law. Local Government Code ~ 140.003. Purchasing and Financial Accounting for District Attorneys, Tuvenile Boards, and Probation Departments (a) In this section, "specialized local entity" means: (1) a district or crinsinal district attorney; (2) a juvenile board, juvenile probation off ce, or juvenile department established for one or more counties; or (3) an adult probation office or department established for a judicial district. (b) A specialized local entity shall purchase items in accordance with the same procedures and subject to the same requirements applicable to a county under Subchapter C, Chapter 262. For the purposes of this section, a specialized local entity is treated as if it were a county. A specialized local entity may make a contract with a county under which the county peg forms purchasing functions for the entity. (~ Each specialized local entity shall deposit in the county treasury of the county in which the entity has jurisdiction the funds the entity receives. The county shall hold, deposit, disburse, invest, and othef-wise care for the funds on behalf of the specialized local entity as the entity directs. If a specialized local entity has jurisdiction in more than one county, the district judges having jurisdiction in those counties, by a majority vote, shall designate from among those counties the county responsible for managing the entity's funds. (~ The county auditor, if any, of the county that manages a specialized local entity's funds has the same authority to audit the funds of the entity that the auditor has with regard to county funds. District Attorney and Criminal District Attorney (LGC 140.003) 1. Financial Management • Does the auditor audit all funds of the attorney? Only state appropriations are exempt. (LGC §115.0035). Page 15 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR • Does the attorney follow the same purchasing laws applicable to the county in Chapter 262 of the LGC? • Does the attorney deposit all of its funds in the designated county treasury? • If the attorney has jurisdiction in more than one county, have the district judges having jurisdiction in those counties, by a majority vote, designated from among those counties the county responsible for managing the attorney's funds? • Does the county treasurer "hold, deposit, disburse, invest, and otherwise care for the funds" on behalf of the attorney as the attorney directs? 2. Budget • Has the attomey prepared a budget and filed it with the commissioners court? • Was the budget filed within 30 days of the beginning of the attorney's fiscal year or within lU days after it was adopted! 3. Financial Statement • Does the attorney prepare an annual financial statement? • Does the statement contain information required by the commissioners court of each county in which the board has jurisdiction? • Was the statement filed with the commissioners court (s) 30 days after the beginning of the attorney's fiscal year? Juvenile and Adult Supervision 1, Financial Management (140.003 T_,GCI • Does the auditor audit the juvenile and adult supervision departments or boards? • Do the departments follow the same purchasing laws applicable to the county in Chapter 262 of the LGC? • Do the departments deposit all of their funds in the designated county treasury? • If the departments have jurisdiction in more than one county, have the district judges having jurisdiction in those counties, by a majority vote, designated from among those counties the county responsible for managing the entity's funds? • Does the county treasurer "hold, deposit, disburse, invest, and otherwise care for the funds" on behalf of the entities as the entities direct? 2. Budget (140.004 LGC) Page 16 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR • Have the departments adopted a budget at 45 days prior to the start of the county's fiscal year? • Did the departments file a copy of the proposed budget and a statement containing the date of the board's meeting to finalize its budget with the commissioners court at least 14 days prior to that meeting? • Verify that the budget does not include an automobile allowance for a member of the governing body of the board or department if the member holds another state, county, or municipal office. The budget may include reimbursement of actual travel expenses, including mileage for automobile travel, incurred while the member is engaged in the official business of the board or department. Financial Statement (140.004 LGC) • Does the department prepare an annual financial statement? • Does the statement contain information required by the commissioners court of each county in which the department has jurisdiction? • Was the statement filed with the commissioners court (s) by the later of 90 days after the end of the department's fiscal year or the date of the auditor's annual report to the court. 4. Juvenile Boards. If the county is one of those listed below, read the applicable statute & devise a simple review for each Example Human Resources Code (HRC) § 152.0213. Collection and Disbursement of Support Payments in Bexar County "The county auditor shall inspect and examine the records and audit the accounts quarterly. The auditor shall report the results of the audit to the juvenile board and include any recommendations the auditor may have." 1. Does the auditor perform quarterly audits? 2. Does the auditor report his/her findings along with recommendations to the juvenile board in written form? Page 17 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR ~ 152.0231. Borden County 152.0263. Brazoria County Child Support Office § 152.0264. Brazoria Count~~ Child Support Service Fee ~ 152.0291. Briscoe County § 152.0373. Collection and Disbursement of Support Payments in Cameron County § 152.0461. Cochl-an County § 152.0634. Collection of Support Payments in Dallas County § 152.0635. Child Support and Other Fees in Dallas County § 152.0773. Collection and Disbursement of Support Payments in El Paso County ~ 152.0852. Fort Bend County Child Support Office § 152.083. Fort Bend County Child Suppuri Service Fee § 152.0903. Collection and Disbursement of Support Payments in Galveston County § 152.1041. Hansford County § 152.1074. Harris County Child Support Department § 152.1161. Hockley County § 152.1293. Collection and Disbursement of Support Payments in Jefferson County § 152.1583. Collection and Disbursement of Support Payments in Lubbock county § 152.1673. Matagorda County Child Support Office ~ i c~ i ~~n r,r~+~,,,,,-,a., r~,,,,,,+.> ~t,;ia ~,,,-,,,,,,-f co,..,;,.o moo ~ t /~.. i v i ~. lviu~u~vi uu ~.vuii~y `.uiiu vuYYvi ~ ~,~i v i~~. i ~.~. § 152.1843. Collection and Disbursement of Support PaSmlents in Nueces County § 152.1872. Orange County Child Support Office and Support Fee § 152.2182. Smith County Child Support Office § 152.2183. Smith County Child Support Service Fee § 152.2263. Collection and Disbursement of Support Payments in Tarrant County § 152.2332. Collection and Disbursement of Support Payments in Travis County § 152.2473. Wharton County Child Support Office § 152.2474. Wharton County Child Support Service Fee Page 18 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Page 19 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSLBILITIES OF THE COUNTY AUDITOR Jail Commissary 1. Does the auditor have access to and does the auditor audit the commissary records quarterly and annually, even if they are maintained by a vendor? 2. Annual audit a. Was it conducted as a surprise audit? b. Was it comprehensive? c. Did the auditor report the findings to the commissioners court? d. Was the report filed with: L The commissioners at the next term of the court after the report was complete? 2. The Jail Commission within 10 days of completing the audit? 3. Quarterly audits? a. Wcre there reports prepared? b. Were the reports filed with the Jail Commission within 10 days of completion? AG Opinion No. DM-67 December 11, 1991 SUMMARY .. The county auditor is authorized to review commissary accounts even if the accounts are maintained by the operator of the commissar Av Opiiiivii Nv. D1`.'1-7.Q7. ~~vuiaty iniiiateij January 10, 1994 SUMMARY ....The sheriff of a county may decide where to keep inmates' money for safekeeping. The sheriff s discretion is limited, however, by the county auditor, who may regulate the keeping of inmate .... Page 20 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR § 351.0415. Commissary Operation by Sheriff (d) At least once each county fiscal year, or more often if the commissioners court desires, the auditor shall, without advance notice, fully examine the jail commissary accounts. The auditor shall verify the correctness of the accounts and report the findings of the examination to the commissioners court of the county at its next term beginning after the date the audit is completed. § 511.016. Audits (a) Each county auditor shall provide the commission with a copy of the auditor's quarterly audit of the county jail's commissary operations and a copy of the annual financial audit of general operations of the county jail. The county auditor shall provide a copy of an audit not later than the 10th day after completing the audit. Jail Commission RULE §291.3 Inmate Commissary Plan Each facility shall have and implement a written plan, approved by the commission, governing the availability and use of an inmate commissary which allows for the purchase of hygiene items and sundries. The plan shall: ...4) provide for yearly audits by the county auditor in accordance with the Local Government Code, §351.0415. The audits shall be submitted to the commission not later than ten days following completion.... Coun Roads Transportation Code § 252.312. Competitive Bidding Transportation Code § 256.009. Report to Comptroller V.T.C.S. TITLE 116-ROADS, BRIDGES, AND FERRIES Vernon's Ann. Civ. St. art. 6812b-1. Counties of 160,000 to 185,000; county engineer; duties • Inventory and Appraisal of Equipment; Disposal and Purchase • Work Records; Daily Time Sheet Vernon's Ann. Civ. St. art. 6812b. Counties of 198,000 to 400,000 population • Inventory and Appraisal of Equipment; Disposal and Purchase Page 21 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Daily Time Sheet • Payment of Employees. Registry Funds ~ 114.041. Statement of Fees, Com»zissions, and Other Money Received by Offr.cers (a) In a county with a population of 190, 000 or less, a district, coujaty, or precinct offtcer shall keep, as part of a record provided for the purpose, a statement of the fees earned by the o~cer a~zd of the money received by the officer as deposits or costs, trust. and deposits in the registry of a court, fees o~off ce, and commissions. The officer must make an entry in the record when the fees or commissions are earned o~° the deposits are made and when the moray is rerni>>ed. Tlae cni~ntl~ oliditnr nr, if the count~~ does not have a count} auditor, the conitnissioners court shall manually examine the records and accounts of each officer and report the findings of the e_xaminati~on to the next grand jur~~ or district court. ~ 112.002. Accounting System in County with CountJ~ Auditor mzd Population of 190,000 or More (a) In a county with a population of 190, 000 0~° more, the county auditor shall prescribe the system of accounting for the county. (b) The county auditor may adopt mzd enforce regulations, not inconsistent with laly or with a rule adopted under Section 112.003, that the auditor considers necessary for the speedy and proper collecting, checking, and accounting of the revenues and other funds and fees that belong to the county or to a person for whonz a district clerk, district attorney, county officer, or precinct offtcer has made a collection or for whose use or benefit the officer holds or has received funds. ~ II7.058. Accounting for and Disbursing Registry Funds in Counties with Population of 190,000 or More (a) This section applies to a county with a population of 190, 000 or more. Page 22 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR (b) If the commissioners court of a county provides a depository for the registry funds of the county clerk or the dish~ict clerk, those officers shall make reports under oath to the county auditor to properly reflect all registry funds received and disbursed by the o~cer, including all money remaining on hand at the time of the report. The county auditor shall prescribe the form and frequency of the report. (c) Each check issued for the disbursement of the funds must be issued in accordance with the laws providing for registry fund depositories. Eaeh cheek must be signed according to procedure established by the county auditor before delivery or payment. § 117.121. Disbursement of Funds § 117.122. Interest § 117.123. Audit Health Facilities Development Corporations § 221.036. Examination of Books and Records of a Health Facilities Development Corporation A representative of the sponsoring entity may examine all books and records of the development corporation at any time. (A county may be a sponsoring entity and the county auditor is the most logical choice for the county to conduct an examination.) County Park Boards (5,000 or more) ~ 320.043. Depositories and Disbursements; Audits § 320.047. Financial Statement; Budget County Building Authorities § 293.003. Counties Subject to Chapter § 293.025. Comptroller Historical Cemeteries H&S Codes § 715.006. Service of Citation (Historical Cemeteries) § 715.011. Powers and Duties of Nonprofit Corporation; Trust Fund Page 23 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR EMS districts H&S Code § 775.082. Audit of District Located Wholly in One County Rural Fire Prevention Districts H&S Code § 794.082. Audit of District Located Wholly in One County Drainage Districts ~'~'ater Code § 56.137. Purchases of anal Contracts for More Than $50 But Less Than $500 by Districts in Certain Counties Navigation Districts Water Code § 60.204. Management and Control of Promotion and Development Fund bi.174. ~Iiipivyu%~; CGui'it~~ r~IiCiiiOl', i~IIlICS c`Iilu COIiIpCnSatIOn ~ 63.224. Accounts and Records; Audit Vernon's Ann. Civ. St. Art. 1676a. Auditors in certain counties: duties, powers, reports Art. 1676b. Auditors in counties of 83,000 to 83,350 having navigation districts and other districts Matagorda County Seawall Commission ~ 421.0221. Oath; Bond; Compensation ~ 421.024. Tax Assessment and Collection; Audit Comal County Park and Recreation District 324.097 Comal County only County School Districts Vernon's Ann. Civ. St. art. 2700d-~4. Automobiles for use of county superintendents in counties of 500,000 or more Page 24 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR SUMMARY Commissioners courts, county auditors, and in counties without county auditors, county treasurers all have internal audit responsibilities. The responsibilities given the county auditor are much broader and detailed. County auditors audit responsibilities can be summarized as follows: • See to the strict enforcement of the law governing county finances. • Examine and approve all claims against the county. • Ensure common school district vouchers are correct. • Audit commissioners courts orders relating to county finances. • Audit books, accounts, reports, vouchers, and records of all offices. • Audit all reports about the collection of money made to the commissioners court. • Audit the books and reports of each office quarterly. • Audit treasurers monthly report to the commissioners court and cancelled warrants (checks). • Quarterly surprise audit of the treasurers balances, funds, and investments. • If county population 190, 000 or more, audit annually accounts of district, county, and precinct officers. • Audit receipt books in criminal cases monthly. • Audit specialized local entities annually. • Audit on a "surprise" basis all officials annually. Page 25 of 43 ?009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR STATUTORY AUTHORITY AND HOW TO USE IT INTRODUCTION The law confers upon county auditors broad statutory authority. The authority conferred is certainly broad enough for a county auditor to adequately do his/her job. However, just having the "authority" is not the same as applying it, or using it. And if it's not used when it needs to be, an auditor might as well not have it. By the same token, improper use, or abuse of statutory authority by a county auditor can have disastrous long-term results. As a result, "statutory authority" and "how to use it" will be looked at separately. STATUTORY AUTHORITY It is often difficult to determine where "authority" stops and "responsibility" starts. To get a good handle on what we'll be covering, and what we mean by "statutory authority" the following definition will be used: Statutory authority: legal rights that make it possible or enhance fulfilling statutory responsibilities. For example, to do a proper audit of an official's office (statutory responsibility) would not be possible without access to documents and records (statutory authority). Generally, there are four types of statutory authority conferred upon county auditors: 1. Oversight authority, 2. Access authority, 3. Prescriptive authority, and 4. Verification authority. These types of authority overlap with each other in the statutes. 1. Oversight authority. This was mentioned in the overview section. Local Government Code, section 112.006 gives the auditor "general oversight" of county, district and even state officers who receive money or property intended for use by the county. In the previous section we saw other statutes that give the auditor authority and oversight over non-county funds. Page 26 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR "Oversi;;ht" generally means: watchful and responsible care for. Watchful and responsible care for implies not only access to the books and records, but also the authority to help ensure that those books and records are properly maintained. 2. Access authority. Local Government Code, section 115.001 gives the county auditor "continual access" to "the books, accounts, reports, vouchers, and other records of any officer;" and "the orders of the commissioners court relating to county finances...." "Access" generally means: the liberty to enter, look at, or review. In other words, as county auditor you have a right to enter an office, look at, and review those items for which you have the responsibility of auditing. This includes the "specialized local entities" in LGC 140.003 and other special districts over which you may have audit authority. LOCAL GOVERNMENT CODE. SECTION 140.003 (g) the county auditor, if any, of the county that manages a specialized local entity's funds has the same authority to audit the funds of the entity that the auditor has with regard to county funds. This section obviously gives you the access authority to the offices concerned here. 3. Prescriptive authority. This type of authority allows, and in some cases requires, county auditors to prescribe: • Accounting rules and regulations, • Accounting/bookkeeping systems and • Frequency and format/content of reports made to them. "Prescribe" generally means: to require or dictate. LOCAL GOVERNMENT CODE, SECTION 112.001 Page 27 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR In a county with a population of less than 190,000, the county auditor may adopt and enforce regulations, not inconsistent with law or with a rule adopted under section 112.003, that the auditor considers necessary for the speedy and proper collecting, checking, and accounting of the revenues anal other funds and fees drat belong to the county. LOCAL GOVERNMENT CODE, SECTION 112.002 (a) In a county with a population of 190,000 or more, the county auditor shall prescribe the system of accounting for the county. Page 28 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR LOCAL GOVERNMENT CODE, SECTION 114.002 The county auditor shall determine: (1) the time and manner for making reports to the auditor, and (2) the manner for making an annual report of: (a) office fees collected and disbursed; and (b) the amount of office fees refunded to the county in excess of those that the officer is permitted by law to keep. 4. Verification authority. This type of authority relates to the claims approval process and allows auditors to obtain sworn statements or testimony relating to the validity of claims, bills, or accounts. LOCAL GOVERNMENT CODE, SECTION 113.064 (a) In a county that has the office of county auditor, each claim, bill, and account against the county must be filed in sufficient time for the auditor to examine and approve it before the meeting of the commissioners court. A claim, bill, or account may not be allowed or paid until it has been examined and approved by the auditor. (b) The auditor shall stamp each approved claim, bill, or account. If the auditor considers it necessary, the auditor may require that a claim, bill, or account be verified by an affidavit indicating its correctness. (c) The auditor may administer oaths for the purposes of this section. Page 29 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR HOW TO USE IT Three types of authority -access, oversight, and prescriptive, relate more to auditing in general, and for the most part must be used in conjunction with each other to be effective. Another way of looking at it is: • Access gets you in, • Prescriptive allows you to say how, and • Oversight helps you ensure it's done right. Authority is a lot like knowledge - in and of itself, it has little or no value. To be worth something it has to be used. For the most part, you and you alone will determine how much your authority is worth. In most cases you have a choice: 1. You can use your authority simply because the law confers it to you, OR 2. You can use it as a result of the respect you acquire from others and the confidence in you others develop. Undoubtedly, there will be instances where using authority based on respect and confidence won't be possible, and you'll have to rely on authority based solely on the fact that the law confers it. But those instances should be rare and should be used only when: • There is an immediate risk to the county by not acting, or • Illegal activities are involved. Following the steps below should help you gain the respect and confidence from others that will help you use your authority in the most effective way: 1. Thoroughl l~your own duties and responsibilities. Don't let anyone know more about your job than you do. You have to have your own house in order before you can effectively help someone else. 2. Get your foot in the other offices. • Study up on the office. • Set up a meeting with the official/department head. Page 30 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR • Explain you can't do your job well without their help. • Admit they know more about their office/department than you do. • Explain your responsibilities giving copies of statutes, etc. • Explain what you'll be doing in relation to their office and why. 3. Learn about their office. • Be willing to learn. • Take the time to learn. • Show an interest in what they do. • Visit periodically, not just when you're auditing. • Obtain and review copies of procedures, manuals, laws, etc. • Attend some meetings of their association if possible. 4. Keep the bis? picture in mind. • Your purposes/goals are the same as theirs - to serve the public effectively and efficiently. • Think about how that purpose can best be achieved. - Don't nitpick. - Have an attitude of working together. 5. Pat them on the back - dive them credit. • Find positives about their office and operations. • Tell them the positives -give compliments. • When asuccess/improvement is achieved, let them take the credit. 6. Be helpful. • Give of your time. • Don't just bring to light a problem or deficiency. • Offer a solution. • Where possible, help them implement a solution. • Give follow-up assistance, not just one-time instructions. 7. Take one step at a time. • Don't expect/require too many changes/improvements at a time. • Remember Rome wasn't built in a day. • Others will be more willing to change in small bites. • Doing too much at once will confuse and decrease cooperation. Page 31 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR • Small successes lead to overall victory. 8. B e practi cal. • Ask relevant questions. • Find out the real reasons why. • Offer practical, workable solutions. • Don't assume or imply that your time is more valuable than theirs. • Don't prescribe procedures solely because it will save you audit time (it could double theirs). • Don't require standardization for the sake of standardization -each office is unique. 9. Show them how to audit their own office. • Give them audit programs. • Show them how to perform the steps. • Show them how to document findings. • It will help them be "audit prepared". • It will help them be better managers. • It will improve your audit results. 10. Maintain your presence in the office. • Keep your visits up when everything is going well. • Periodically review all types of records, documents, etc., even when you may not really need to. • This "presence" will make it easier to audit/inspect some things when there really is a need. There may be times when an official tries to prevent you from exercising your authority. This should obviously be the exception and not the rule. If such a situation does occur, use your professional judgment. Consider advising/consulting with one or more of the following: • County attorney • Commissioners court • District judge(s) Page 32 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Risk Assessment Overview The auditor must balance various legal requirements with less-defined responsibilities that may be even more important. For example, state law requires the auditor to audit each office quarterly and annually and to perform surprise audits. However, many times other officers call upon the auditor to perform special fmancial analyses. Sometimes these analyses are more important in dollar terms than the audits preempted or put on hold. For example, the review of a major computer system purchase or a construction contract could save more money than would be collected by an entire office. The auditor must use professional judgment to prioritize duties. The auditor is independent of other officials and should prepare the audit plan for the year without influence from any other official; whether it is the county judge, commissioners or district judges. Although the district judges appoint the auditor for atwo-year term, the judges may not direct the audit schedule. The challenge for the auditor is to identify all of the responsibilities and risks, both legal and perceived, and to allocate the resources of the department to properly match those responsibilities and risks. This should be accomplished through a risk assessment policy. Risk assessment is a structured process to quantify and rank potential areas of risk. Since most audit shops do not have enough resources to audit all areas of potential risk, the auditor should allocate audit resources to those areas that pose the greatest audit risk. Audit Risk Audit risk is the probability that an undesirable event will be undetected by the auditor. Undesirable events maybe defined differently depending on the type of audit being conducted. Though it can never be completely eliminated, audit risk should be quantified and minimized. The cost of implementing procedures to reduce risk must be measured against the incremental value attained. Every organization and individual must determine what level of risk is acceptable. Risk assessment is a process by which the county auditor can identify, quantify and rank risk factors. The purpose of this process is to allocate scarce audit resources first to those areas that present the greatest risk. Quantifying risk is difficult except when using mathematical tools such as statistical sampling. However, there are tools auditors can use when evaluating risk factors to Page 33 of 43 2009 Powers Duties Responsibilities of Cty Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR determine the best allocation of scarce audit resources. By ranking risk factors for each potential audit engagement, the auditor may produce a ranking of engagements with the highest to the lowest level of risk. Page 34 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Risk Factors Some common risk factors to consider are: • Amount of money processed or held; • Type of receipts (cash, checks, wire transfers, etc.); • Type of property the officeholder is responsible for (for example road or computer equipment); • Degree of public sensitivity for areas such as child support and trust funds of minors; • Degree of interest by commissioners; • Degree of regulation by law, court orders or other requirements such as grant restrictions or bond covenants; and • Degree of reliance on internal controls, including separation of incompatible duties, management oversight, and frequency and quality of auditing. Benefits of a Formal Risk Assessment Most audit shops will not be able to audit all the areas that could or even need to be audited in the course of a year. This makes a formal risk assessment essential. This assessment helps the audit manager: 1. ascertain the riskiest areas, 2. use audit resources more effectively and efficiently, 3. document the proposed level of audit coverage during budget negotiations with the district judges and commissioners court, Commissioners may fund more audit resources, if they consider audit coverage insufficient. 4. deflect or postpone the assignment of lower risk special projects, 5. provide a record that he or she has exercised professional diligence in assigning resources and 6. communicate to others why certain audits rank ahead of others. When an audit manager objectively evaluates all risk criteria, the results may be different from what was expected. How to Prepare a Formal Risk Assessment The auditor should prepare a formal risk assessment plan as part of the budget process each year. The auditor should 1. determine the risk factors to be evaluated, 2. create risk assessment forms, 3. perform a preliminary desk analysis of risk factors, 4. complete the forms and rank each audit area, Page 35 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR 5. test internal controls using sampling methods, 6. adjust the risk assessment documents based on test results, 7. prepare an audit schedule, 8. submit the schedule to the commissioners court as part of the budget request, ~. complete the final audit schedule based on the approved budget and 10. reevaluate throughout the year as new events unfold. The auditor should: create audit programs for testing internal controls, design statistical sampling plans to test compliance with those controls and include all potential assigmnents, including a. audits of all county offices and special districts, b. other non-audit analyses required by statute, c. special projects and request by other officials, and d. other areas required by the professional judgment of the auditor. Deter»1i~iin~ Risk Factors In determining the risk factors or criteria to be assessed, the auditor must answer the following questions: • Are the criteria relevant and valid?, • Do criteria measure the right things?; • Is the measured criterion really a risk? The auditor should not waste time evaluating non-relevant criteria; • Has the auditor included every relevant criterion?; and • Does the auditor take into account mitigating factors such as the frequency and extent to which the auditor can rely on the work of other auditors (external independent CPAs and state and federal auditors)! Another mitigating factor is the frequency and extent to which the officeholder has submitted to outside performance or peer reviews. Documentation Documentation must be prepared. The best form is a table or matrix where every audit area is listed down the page and criteria are listed as column headings across the top (these could be reversed). The reviewer should assign a risk ranking to each criterion within each area such as 1-5 or 1-10. Then the results could be tabulated for each audit area. Those with the highest score should be assigned priority in the audit schedule for the upcoming year. See the sample forms provided in this workbook for an example. Page 36 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR In addition to the matrix the auditor must prepare a narrative explanation of the process used, his or her conclusions and the impact of this information on audit plans. This narrative should be written in easily understood language. Both the narrative and the matrix should be presented to the commissioners court and the district judges at the auditor's budget hearings prior to the start of each year. Page 37 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Audit Schedules, Time Budgets, Timekeeping and Audit Control Overview The ideal situation is one where the auditor has enough resources to devote ample time to each specific responsibility. Many county auditors fall within this category without realizing it. Proper planning coupled with the use of "sampling" techniques can help auditors fulfill their responsibilities. In those situations where adequate resources truly don't exist, the auditor should make it known to the district judge(s) and commissioners court in an effort to obtain those resources. Failure to fulfill statutory responsibilities could be the basis for an auditor's removal from office. Therefore, audit schedules must be completed only after a thoughtful risk assessment has been completed. Audit schedules are the blueprint to implement the audit plan. For instance, if the county auditor has determined that a certain percentage of offices or budgeted dollars must be audited each year the audit schedule must reflect that plan. The audit manager can use this schedule to explain to the. auditor the effect of adding special projects. Thus audit schedules are a tool to hold accountable those who have the authority to create or amend workloads as well as a tool for ensuring the accountability of the audit team. To be useful, audit schedules should be compared to the actual audit performance. To do so requires the auditor to have a timekeeping system and to periodically report on the status of audits. An internal auditor should plan his/her audit year in advance. This will help ensure ~>, ~~. L114 L. • Statutory and non-statutory audit objectives are met. • The audit work and staff is appropriately allocated between offices that must be audited. • No procedures are overlooked. • Audits are completed in an effective and efficient manner. Audit Planning and Control is a Four-Step Process 1. Developing an audit schedule and calendar. 2. Allocating resources and establishing time budgets. 3. Timekeeping. Page 38 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR 4. Controlling Time Budgets and Reporting. Developing a Basic Audit Schedule and Calendar The basic audit calendar is simply a general guide, showing by month, the projected start and completion dates for the highest risk audits and projects. The next step is the development of the detailed audit schedule. It's a plan of: - What needs to be done, - When it's going to be done, and - Who's going to do it. The "when" and "who" cannot be answered until the auditor determines a time budget and allocates resources. Once those are complete, the information should be added to the detailed audit schedule. Audit schedules should include all areas that were evaluated as part of the risk assessment. They should include all county offices; cross-departmental areas (e.g. purchasing); and other areas of potential financial management risk, such as fixed assets, computer security, consumable supplies, grants and contracts whether they will be audited in the current period or not. Audit schedules should be detailed, showing the offices and areas to be audited, date the last audit was completed, when the next audit is to be performed, who is to perform the audit and the date the audit report is to be released. It's possible to plan out an entire year at a time, but planning in three month blocks is more effective and efficient. A three month period is more manageable than a year, and changing conditions and circumstances won't result in you having to update parts of a plan you never get to. Also, most of your audit responsibilities fall within three month cycles. No magic format or formula exists for the plan. Use what works best for you. Allocating Resources and Establishing Time Budgets The county auditor, using professional judgment has to determine how to allocate resources to cover each specific audit and special project on the schedule. Page 39 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR When hiring new employees anywhere in the auditor's office, the auditor should hire personnel who can perform both audit work and other work when the schedule requires it. Also, the auditor should consider the use of temporary or seasonal staff to fill in for non-audit employees when they are needed for audits. Another possibility is trading or sharing non-audit employees with other officials during peak audit needs. It is the auditor's job to determine how resources will be allocated among various duties. Establish Realistic Time Budgets for each Activity Time budgets for each audit are the building blocks of audit schedules. A realistic time budget should factor in time lost due to illness, vacation, holidays, family leave, training and administrative time. The manager should compute this as a percentage of direct audit time and include it in each time budget. Some items such as training, holidays and vacations may be budgeted directly if they can be pinpointed to particular days. A time budget is useless if it is not realistic, because it won't be enforced. Only a realistic time budget can and should be used to evaluate those subject to it. Combine audits to achieve com~~liance 1a~ith siatuto~.v reguirerne~zts. Compliance «Tith statutory audit requirements is mandatory. Using the same audit procedures to meet the monthly, quarterly and annual requirements is a must. In order to better understand and plan county auditing, it helps to think of the statutory audit requirements as a series of building blocks: • The required monthly examinations of reports and receipt books are the basic building blocks in the audit process; • The results of the monthly examinations, along with additional procedures that hrnarlPn the ~~.nnP hP.cnme the mnre extended rnlarterly examinations of the .,_......._-- ~--- -----r-~ -------- ---- ------ ---------- r - books and reports of each office; • The quarterly examinations in turn are the basis for comprehensive annual audits of each office; and • The finishing touches are other audit procedures that must be done at some time during the year, including payroll, property, the purchasing system, commissioners court orders regarding county finances and any other matters relating to county finance that the county auditor thinks need investigating. Timekeeping Timekeeping is the basis for audit time budgets. Time budgets are not reliable without the ability to classify, record and approve time spent by each auditor. Timekeeping systems may be manual or automated. A general rule is to require the least amount of Page 40 of 43 2009 Powers Duties Responsibilities of Cry Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR detail needed to report and control time spent. Some managers prefer to account for time in increments of 15 minutes while hours and possibly days will suffice for others. The level of detail for classifying time spent on audits and special projects should also be kept to a minimum. For example, if the audit manager budgets time only by project or audit, he would not need to know how much time was spent on fieldwork versus report writing. However, if he wanted to find ways to increase the efficiency of report writing, he would need to provide a code for that in the timekeeping system. Regardless, the time increments and classifications must mirror the budgets. Implement a timekeeping system that integrates with the audit schedule. The auditor should create or purchase an automated timekeeping system that will account for every hour of an auditor's work. Time. entered to this system should be the same that is used for payroll. The categories of time should tie to the audit schedule. Ideally, the timekeeping system and the audit schedule should be integrated so that time will automatically post to the audit schedule for each employee. The audit manager should enter audit time budgets for each audit and special project. Then he can easily run reports on the status of each project or view them on-line. If the auditor uses a system of spreadsheets, he should streamline the sheets so that each auditor enters his or her own time each pay period. That way, the burden of data entry won't fall on the first assistant. Timekeeping should not cost more than its benefits. For example, the time needed to maintain timekeeping systems or the time and effort needed to extract information should not exceed the value of the resulting information. In order for timekeeping to be useful it must also be reliable. Project timekeeping should be tied to payroll timekeeping. All hours (usually 40 per week) must be accounted for in the project timekeeping system and reconciled to the payroll timekeeping system if it is not fully integrated. Controlling Time Budgets and Reportin,~ The audit schedule and related reports should be automated and fully integrated to account for time spent on each audit or special project. Knowing where and why actual performance differs from planned performance makes it easier to develop new plans. Comparisons of plans and actual performance may also be used to evaluate the performance of the audit division and the individual staff auditors. Page 41 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR if you use Eacel spreadsheets to track and control audits and special projects, design them so that entries to one spreadsheet automatically post to others. Otherwise, they will require too much time and create opportunities for error and probably won't even be kept up to date. Every audit division should account for both the total time spent on an audit as a division as well as the time spent per individual. Periodically compare the audit schedule to actual peg formance. The audit schedule time budgets should be compared at least monthly to actual performance for each special project and audit. The comparison should include the projects that were actually performed, the staff that performed the audits, the length of time spent and the date the report was released. Reasons for non-compliance with the schedule should be identified and adjustments made to the schedule, audit procedures.. auditor training and other factors as appropriate. Page 42 of 43 2009 Powers Duties Responsibilities of Ci<~ Auditor January I5, 2009 POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNTY AUDITOR Audit Procedures and Documentation. One of the most important tools for any office or department to have in order to operate efficiently and effectively is a procedures manual. A procedures manual should include both the administrative processes within an office and the duties actually performed by the employees. This is especially important for new employees so they can quickly pick up and follow the proper internal administrative processes, as well as learn how to perform their duties the way their supervisors prefer. In an audit office, the most important procedures address proper development of audit programs, workpapers and audit reports. There should be a central library of audit programs, covering each office, such as the sheriff and county clerk and each cross- departmental audit area, such as purchasing, payroll and fixed assets. Audit programs can be developed internally but they should all follow a standard format. This standard format provides a template for the preparer when revising old programs or developing new ones. The procedures manual should explain how and when to update programs for events such as changes in state law at the end of each legislative session. Procedures should explain how workpapers are organized, indexed and filed. They should give the auditor guidance on when to use a workpaper. A central library for filing workpaper forms and reports forms should be maintained for use by all auditors. Report formats should be consistent and contain standard language for each type of audit, review or project where appropriate. This standardization promotes efficiency in documenting audit procedures and writing the results. It also serves as a checklist to the auditor to ensure completion of each step. Sometimes an audit checklist is helpful in addition to the audit programs. As in other disciplines, automation can greatly increase efficiency and reduce errors in the audit process. The ideal audit software would provide a means to write programs and an ability to index workpapers with each step in the program. If needed, the results of one workpaper could be transferred to another and cross-referenced electronically. Page 43 of 43 2009 Powers Duties Responsibilities of Cty Auditor January 15, 2009