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HomeMy WebLinkAbout2008-0519 Study Session PACKET CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, May 19, 2008 at 6:00 p.m. Council Chambers, 1175 East Main Street 6:00 p.m. Study Session 1 . Look Ahead Review 2. Review of regular meeting agenda for May 20,2008 3. Should Council make changes in the use of the Municipal Audit Committee, Finance Management Policies and/or internal controls consistent with the auditor comments and staff recommendations? [45 Minutes] CITY COUNCIL EXECUTIVE SESSION AGENDA Monday, May 19, 2008 at 7:00 p.m. Jury Room, 1175 East Main Street 7:00 p.m. Executive Session 1. To consult with legal council regarding pending litigation pursuant to ORS 192.660 (2)(h) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35. 102-35.104 ADA Title I). COUNCIL MEE"rJNCiS ARE BROADCAST LIVE ON CHANNEL 9 vlsrr "TIlE CITY OF AS1JLAND'S\VEB SnE AT' \VWW.AS1ILAND.OR.US CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject ofa public hearing and the record is closed. Except for public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the Presiding Officer may allow oral testimony; however, public meetings law guarantees only public attendance, not public participation. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 20, 2008 Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes) 1 . Study Session of May 5, 2008 2. Regular Council of May 6,2008 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of May 18-24 as National Emergency Medical Services Week VII. CONSENT AGENDA [5 minutes} 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Should Council accept the quarterly report as presented? 3. Will Council accept two utility easements and authorize the Mayor to sign each document indicating the City's acceptance? 4. Does the Council wish to confirm the Mayor's appointment of Nick Frost for a term to expire April 30, 2011 to the Housing Commission? 5. Should Council declare certain equipment as surplus and authorize a public sale? 6. Will the Council confirm the Mayor's appointment of Michael Faught to be Public Works Director and approve the attached employment agreement? 7. Will the Council approve Amendment #1 to IGA 90G000119, relating to building inspection services, which will extend the agreement to June 30, 2009? 8. Shall the Council approve a Resolution that authorizes approved signatures on the City of Ashland Parks bank accounts with Bank of America? PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal, All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC S2.04.040}) 1. Should the 20-foot front yard requirement for properties abutting arterial streets be repealed for the north side of Lithia Way and be replaced with the revisions to the Special (arterial) Setback Requirements and associated Street and Street Tree Standards? (:(nfNCIL \n:r:TTNGS ARE BROAI)C';\ST LIVE ON ([IANNL], \) VISIT Tilr: err'v (ll" ASI!LAND'S Wr'B SITL Xl W\VWASIH..\ND,()IU1S VI/I. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum} IX. UNFINISHED BUSINESS 1. Will Council, acting as the local contract review board, accept a bid from L TM, Inc. and award a contract in the amount of $122,902.00 for construction of the East Main Rail Crossing Improvement Project No. 2005-15A? X. NEW AND MISCELLANEOUS BUSINESS None. XI. ORDINANCES. RESOLUTIONS AND CONTRACTS None. XII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). ('()UNCJL \11:[:rl1\C;S ARE: BRC),:\DC'AST LIVE: ()N CIL\NNL], 9 VIsrl rilE CITY(}I',\SHL\NLrs WEB srrl. Al W\V\V/\SllLANDOIUJS :>:"0 a. 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'5" mC_ CD m-c ~ .~ ~ =::2: 0= Q.c 'O.Q c l/l o.~ +=-E Q.E .go <(u ..... v '" g Q) "Vi ~ ::J I i ~ a: 8-E a1 u ~ ~ .~.; ~-e 8 lij~ 5~E~cvsc r/) 10......... C 0 2- u.. ~ +->I~ ~ ~ CD en L.. C o:t. Ci50triE::J.....'* 1jE]9-g:ij~x Z~5i~Q:'E~ o.QEc(~~c 5~~lij.~I~i~ '~~I~a:~!2~ u -0 Iii E zl a' .Q B ~ ;S 8 ~I& ~ ~C\lMVIJ1\O""" CITY OF ASHLAND Council Communication Study Session - Discussion of Internal Issues Raised by the Audit Report Meeting Date: May 19, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Servi es E-Mail: tuneber1@ash1and.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet Estimated Time: 45 minutes Question: Should Council make changes in the use of the Municipal Audit Committee, Financial Management Policies and/or internal controls consistent with the auditor comments and staff recommendations? Staff Recommendation: Staff recommends Council consider the information presented and: 1. Take steps to affirm or revise Resolution 2003-07, and 2. Identify the City representative that will routinely communicate with the auditor regarding scope and timing of work as well as negotiate and sign off on representations for the City. 3. Schedule an additional study session to discuss the Financial Management Policies and progress on internal controls. 4. Request that the Ashland Parks and Recreation Commission decide similar issues for their district. Background: Staff submitted the financial report, Audit Committee recommendation and supporting information to Council on November 20,2007. The packet is attached omitting another copy of the comprehensive annual financial report (CAFR). The CAFR is available online. As staff explained last November, even though the FY 2006-2007 audit went well, there are important issues to be resolved by the City and the Parks Commission for subsequent reviews to be as successful. Staff has worked on operational issues and Council action is needed to resolve the higher level, policy questions. The important audit concepts in this and future reviews are: A. Communicating Internal Audit Control Related Matters Identified in an Audit - Statement of Auditing Standards No. 112 (SAS 112) B. The Auditor's Communication with Those Charged with Governance - Statement of Auditing Standards No. 114 (SAS 114) C. The Risk Assessment Suite - Statements of Auditing Standards No.1 04 - 111 (SAS 104-111) To meet all of these new requirements, the City Council and P&R Commission must clarify the governing board's expectations for the audit, management's role and desired communication protocol for the auditor. Page I of 5 051908 Intemallssues related to Audit.CC.doc r~' CITY OF ASHLAND Last year's management letters from the auditor to the City and Parks explained the first standard (SAS 112) is an existing requirement and the second (SAS 114) and third (SAS 104-111) standards will be applicable in future years. Discussion between the auditor, committee and staff revealed that these "new" standards are partly due to changes in accounting and auditing standards initiated by legislation such as the Sarbanes-Oxley laws which respond to accounting cases like the Enron scandals. These changes tighten the rules which should result in better accounting practices safeguarding municipal assets. One result of these new standards is the potential for more comments from the auditor in the annual review and need for more work by accounting staff to avoid or to "clear" comments made by the auditor. All departments of the two agencies will be impacted by these requirements, especially Administrative Services/Finance and the City Recorder's office. A. Communicating Internal Control Related Matters Identified in an Audit: This occurs when a required internal control is insufficient enough to cause the auditor to communicate the deficiency to someone in authority. Secondary is how and to whom the auditor communicates. Auditors have reviewed internal controls for many years and reported upon them in the management letter. For example, the previous management letter from the auditor to the City (FY 2005-2006's audit) included two new comments and three that were unresolved from the prior year. A copy of staff s responses to this report and the current report are attached and online. Please note: No reportable conditions existedfor the Parks Commission for FY 2005-2006. Anythingfrom the prior years had been cleared by the Parks and City's accounting staff In prior years the auditors examined items they felt necessary to render an opinion and reported as appropriate. SAS 112 requires reviewing specific items including written procedures and policies, verifying conformance. SAS 112 also prohibits the auditor from using the past practice ofrelying on observed controls, even if the observation confirmed enhanced internal controls beyond what was or wasn't written. Action being taken: Administrative Services, City Recorder and Information Technology staff are writing and updating internal controls in all identified areas to better satisfy this audit comment. However, it is likely that this comment will not be fully cleared for FY 2007-2008. New comments, and those not cleared from prior years, will be reported to the City via the Management Letter from the auditor. B. The Auditor's Communication with Those Charged with Governance: Today there is no clear direction for the auditor to follow regarding (a) when to communicate with Mayor and Council and the City Administrator and (b) what authority the Committee has, if any, over the Parks & Recreation audit and financial report. The structure of the Audit Committee also raises questions for the City itself. The City of Ashland has been progressive by using an Audit Committee since 1991. Few other Oregon communities do this. The charge to the committee per Resolution 2003-07 is to: Page 2 of 5 051908 Internal Issues related to Audit.CC.doc "".,. , ..... CITY OF ASHLAND . Recommend to Council an independent firm of certified public accountants to perform the annual audit of the city. · Analyze and report to the Council significant findings in the annual audit report and make recommendations regarding such findings. . Make recommendation, if any, to the council regarding the following financial documents: annual financial statements, management letter submitted by the independent auditor, and response to management letter submitted by city staff. The heightened requirements of SAS 112 require Council to review what authority is delegated to the committee in dealing with internal control problem resolution. SAS 114 guides the auditor on matters to be communicated openly and candidly to those charged with governance. Conversely, SAS 114 requires that the City spell out to whom the auditor must communicate (regardless of any particular issue). In his comments, the auditor wrote that SAS 114 goes beyond SAS 61 - Communicating with Audit Committees in that it: · Describes the principal purposes of communication with those charged with governance and stresses the importance of effective two-way communication. . Requires the auditor to determine the appropriate person(s) in the entity's governance structure with whom to communicate particular matters. That person may vary depending on the nature of the matter to be communicated. . Recognizes the diversity in governance structures among entities (including the existence of audit committees or other subgroups charged with governance) and encourages the use of professional judgment in deciding with whom to communicate particular matters. . Recognizes the unique considerations for communicating with those charged with governance when all of those charged with governance are involved in managing the entity, which may be the case with some small entities. . Adds requirements to communicate: . An overview of the planned scope and timing of the audit. . Representations the auditor is requesting from management. · Provides additional guidance on the communication process, including the forms and timing of communication. Significant findings from the audit should be in writing when, in the auditor's profession judgment; oral communication would not be adequate. Other communications may be oral or in writing, . Requires the auditor to evaluate the adequacy of the two-way communication between the auditor and those charged with governance. . Establishes a requirement to document required communications with those charged with governance. Resolution 2003-07 changed voting authority on the Committee to permit all five members (Mayor or Council member, City Recorder, appointed member from the budget committee and two citizens at large) to vote while keeping reports and recommendations from the committee as advisory in nature. This change, plus the duties identified for the City Recorder in the Charter, plus the introduction of more cash handling as part of passport services and the new standards, prompted the auditor to include the following in the latest management report: In order to be in compliance with these new auditing standards the auditors and the City Council needs tb evaluate the audit oversight committee for any issues that may come up. The City has a unique Page 3 of 5 051908 Internal Issues related to Audit.CC.doc r~' CITY OF ASHLAND situation in that the City Recorder is an elected official, a voting member of the audit committee as well as part of accounting process at the City. We recommend that the Council discuss this issue and re- affirm their position on whether or not the City Recorder be a voting member on the audit committee. We believe that as long as the City Council understands the unique nature of the City Recorder's position that whatever decision is made will be acceptable. City Recorder participation on the Committee is not in question. The above indicates that Council could reaffirm the existing Resolution 2003-07, not making any changes, and the auditor would use his best judgment for when to bypass the committee because of its structure and the nature of the issue. Because of the "unique" condition identified by the auditor, staff believes Council should review this issue. As a member of the Committee the City Recorder participates in the discussion of the audit, accounting standards, internal controls and the management letter and votes on acceptance and recommendations to Council. Issues may include cash and investment management, internal controls, records management, budget and financial reporting compliance. Most of these relate to the duties of the City Recorder office in that the City Recorder is also the City's treasurer, manages cash and investments, oversees banking services, is the primary check signer and provides services that require receipting cash. Internal controls compliance will be challenging with that many levels of participation. Voting on audit issues may create a conflict. Action needed: Council should review this information and decide: 1. What changes, if any, Council wants for the Audit Committee, and 2. What direction is to be given to the auditor for communicating with Mayor and Council, the Audit Committee and the City Administrator. The primary contact outside of the scope identified in Resolution 2003-07 could be the City Administrator. Finally, as part of Communications is the role the City's Audit Committee plays with the Ashland Parks and Recreation Commission (APRC). Interaction between the Committee, the district and the City has varied over years. APRC is a component unit of the City thus the Parks annual financial report is a part of the City's. APRC's compliance with required accounting standards can affect the City's conformance to generally accepted accounting principles (GAAP). However, there is no clear direction in writing from either agency as to the authority delegated to the audit committee, expectations relating to scope of the audit or required communication after the review with the Commission, Council or Parks Director. The Board of Commissioners, as the body responsible for governance of the district, will need to address these issues to provide the auditor with clear direction. Action needed: None by Mayor and Council beyond recommending resolution of this issue to APRC. Until resolved the default will be to communicate with the chief executive of the elected board. C. The Risk Assessment Suite - Statements of Auditing Standards: Risk assessment incorporates eight statements that direct the auditor in performing the audit and attesting to the "fairness" of the financial reports. In some cases it requires the auditor to evaluate the Page 4 of5 051908 IntemallssuesrelatedtoAudit.CC.doc r~' CITY OF ASHLAND susceptibility of the financial report down to the line item or balance sheet account in order to render an OpInIOn. The suite will playa bigger role as part of the audit beginning with this next year and, in conjunction with the other requirements, result in more costly annual audits for compliance. The result of this level of evaluation could then fall into the process of communication addressed above. Action needed: None at this time. Needed action may be identified in the coming audit or as part of staffs review of internal controls. Related City Policies: Financial Management Policies Council Options: a. Choose to keep the Audit Committee in place as defined by Resolution 2003-07. b. Modify Audit Committee responsibilities and/or voting authority in Resolution 2003-07. c. Determine whether the Mayor, the City Administrator, the Finance Director or someone else will be the primary contact and sign representation letters with the auditor. d. Direct staff to schedule a study session to discuss the existence and delegated authority to the Audit Committee. e. Direct staff to bring back a proposed resolution to correct for the audit comments. Potential Motions: This is a study session so no formal action can be taken but staff would like consensus on how to proceed. Attachments: FY 2006-2007 Staff Responses to Management Letter FY 2006-2007 Management Letter FY 2005-2006 Staff Responses Management Letter October 29, 2007 Audit Committee report to City Council Resolution 2003-07 regarding Ashland's Municipal Audit Committee Page 5 of 5 051908 IntemallssuesrelatedtoAudit.CC.doc r~' CITY OF ASHLAND October 29,2007 Audit Committee City of Ashland 20 East Main Street Ashland, OR 97520 Re: FY 2006-2007 City of Ashland Audit Management Letter This year's Management Letter is filled with information that is not just about a review but forward-thinking and appropriate because of what has occurred over the last decade in the private and government sectors. As in the past, the Finance staff takes these to heart and endeavors to address them in an expeditious manner. Even with that perspective, it sometimes takes multiple years to clear an issue and I want to assure the Committee that available resources are allocated to clear current and recurring comments and observations, large and small. For FY 2006-2007 the biggest issue is, and will be for some time, complying with SAS No. 61, Communication with Audit Committees and SAS No.112, Communicating Internal Control Related Matters Identified in an Audit. These relatively new requirements will task the City and Parks, Audit Committee and respective staff to resolve, in part due to our various configurations. My recommendation is that staff work toward placing these issues before the elected bodies by January or February. This will allow staff to prepare a comprehensive approach to resolve these major initiatives in a proactive manner. This does not preclude simple adjustments that are "quick fixes" but such changes must fit into the written internal control policies and procedures document(s) adopted by those responsible for governance. FY 2006-2007 significant deficiencies in internal control: 1. We (the Auditors) noted that the City does not have a written internal control policies and procedures document. In applying SAS No. 112 we believe that the City should adopt formal policies/procedures for all accounting areas, especially as it pertains to internal controls and the identification of key controls. Our audit did not uncover significant deficiencies pertaining to these areas other than the items noted below, however the policies/procedures in place are not in writing. We recommend at a minimum that the following areas be addressed (this constitutes a partial list, other areas of internal control should be addressed): a. Computer security and who should has access to passwords and how often passwords are changed. b. Controls over expenditures to ensure that there are no fraudulent checks or checks written in error - Who tracks the check sequence, who reviews the canceled checks back from the bank, who has custody of checks, and who is authorized to approve disbursements? c. Detailed explanation of the controls over cash accounts, including how many people it takes to open/close an account, controls over wire transfers, and review of bank reconciliations. d. Controls over cash receipting - How do you ensure that receipts are always given, and that all receipts are recorded in the general ledger. How often are deposits taken to the bank. e. What internal controls and monitoring is used for reviewing and ensuring that the financial statements are accurate and are in conformance with GAAP (the control procedure here would be sending staff to training on new pronouncements, etc.) f. Any internal audit functions, antifraud programs, etc. g. Monitoring of internal controls by management and the governing body to ensure that controls are functioning properly and are evaluated when systems, the environment, and employees change. h. Other areas that could be discussed - capital asset accounting, employee dishonesty insurance, physical security of documents, payroll processingltimesheets, and any other applicable financial areas. i. Because of a limited number of available personnel, it is not always possible to adequately segregate certain incompatible duties so that no one employee has access to both physical assets and the related accounting records or to all phases of a transaction. Consequently, the possibility exists that unintentional or intentional errors or irregularities could exist and not be promptly detected. We recommend that the City address their segregation of duties issue in their internal control policies and procedures. Response: Staff agrees with the Auditor's assessment however the reader must note that there are things being done within many of the "bulleted" areas but they are insufficient in practice or documentation to clear this comment. I do not believe there is one document that addresses all of the issues to the detail level identified within SAS No.112. The key here is understanding and acceptance by those responsible for governance. This is an ideal time for the City to update, combine and augment the financial management policies included in the budget document and the cash and investment policies administered through the City Recorder/Treasurer's office for review and acceptance by City Council. This process should address each of the points included in the auditor comment, incorporating anything that is in existence or has already been accomplished so that the written requirement is met. This document must then be trained upon and used to ensure it remains current and can be validated routinely by Council. 2. We (the Auditors) noted that the Information Technology (IT) department does not have written internal control procedures that documents their internal controls over their internally developed utility billing system. We also noted that there was no written internal control procedures that details the general controls over all computers and systems City- wide. We recommend that the City develop written internal control procedures for these areas. Response: Staff agrees with the Auditor's assessment. Prior Technology Plans and software documentation require updating and revision and the Technology Department is working on them. Updates are in process and should be complete in FY 2007-2008. The points identified in this comment will be addressed as part of the new documentation. ii The following are Auditor recommendations for the previous year. The comments are repeated from their report to management for the year ended June 30, 2006, for perspective. Staff has provided updates as Responses for June 30, 2007 1. We (the Auditors) noted that not all major balance sheet accounts were reconciled on a periodic basis. We recommend that all major balance sheet accounts be reconciled on a monthly basis. Response: Materially completed in time for this audit. 2. In order to get fixed asset information into a format that is needed for the financial report, the City must export their fixed asset register out of Eden and into Excel. The City then manipulates the data within Excel. Excel is not made for fixed asset accounting and is prone to errors. We (the Auditors) recommend that the City work with Eden to enhance their fixed asset accounting system, in order to make it easy to work with and in the needed formats for financial reporting. Response: Not completed in time for this audit. Because of other tasks done to meet Point # 1, this project has lagged. Excel was used again this year to provide audit work papers, however, the documentation was in better shape than prior years despite the use of a spreadsheet. Staff has already begun the project to convert records back into the financial management system. This comment should be revisited as part of the FY 2007-2008 audit. 3. We (the Auditors) noted that the utility billing system cannot produce a report that breaks out the utility receivables by fund. This report would be a useful reconciliation tool for the City. We recommend that the City address this report writing issue. Response: Materially completed in time for this audit. Future requirements that the City should begin addressing as part of the above work during FY 2007-2008: SAS No. 114 - The Auditor's Communication with Those Charged with Governance Statement on Auditing Standards (SAS) No. 114 supersedes SAS No. 61, Communication with Audit Committees, as amended. This SAS establishes standards and provides guidance to an auditor on matters to be communicated with those charged with governance... In order to be in compliance with these new auditing standards the auditors and the City Council needs to evaluate the audit oversight committee for any issues that may come up. The City has a unique situation in that the City Recorder is an elected official, a voting member of the audit committee as well as part of accounting process at the City. We recommend that the Council discuss this issue and re-affirm their position on whether or not the City Recorder be a voting member on the audit committee. We believe that as long as the City Council understands the unique nature of the City Recorder's position that whatever decision is made will be acceptable. iii Response: Staff agrees that a review and validation by Council of the roles, responsibilities and expected communications between the mentioned groups or positions will be beneficial to all and provide compliance to this new requirement. SAS No.1 04-111 - The Risk Assessment Suite The Auditing Standards Board has issued eight additional new statements related to risk assessment, effective for audits of financial statements for periods beginning on or after December 15, 2006. This "SAS Suite's" primary objective is to enhance auditors' application of the risk assessment model in practice, and will require additional auditor and staff time in future years. Response: Staff looks forward to working with the auditor on these relatively new requirements. In summary, I hope these responses are helpful in understanding the work being done by the Administrative Services Department to meet or exceed City expectations and legal requirements. It should be understood that increased requirements such as those presented and discussed above will have a financial impact (staffing, workload and training) to ensure compliance. Sincerely, Lee Tuneberg City of Ashland Administrative Services & Finance Director iv CITY OF ASHLAND ASHLAND, OREGON 2006-2007 MANAGEMENT REPORT rI]@ PAULY, ROGERS AND CO., RC. CERTIFIED PUBLIC ACCOUNTANTS · 12700 SW 72ND AVENUE · TIGARD, OREGON 97223 . (503) 620-2632 · FAX (503) 684-7523 October 19,2007 City of Ashland City Council and Audit Committee In planning and performing our audit of the financial statements of City of Ashland as of and for the year ended June 30, 2007, in accordance with auditing standards generally accepted in the United States of America, we considered City of Ashland's internal control over financial reporting (internal controls) as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal controls. Accordingly, we do not express an opinion on the effectiveness of the City's internal controls. Our consideration of internal controls was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal controls that might be significant deficiencies or material weaknesses. In addition, because of inherent limitations in internal controls, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discussed below, we identified certain deficiencies in internal controls that we consider to be significant deficiencies. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or a combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal controls. The Auditing Standards Board issued SAS No. 112, Communicating Internal Control Related Matters Identified in an Audit, effective for audits of financial statements for periods ending on or after December 15, 2006. This statement requires auditors to evaluate identified control deficiencies and determine whether those deficiencies, individually or in combination, are significant deficiencies or material weaknesses, and if so communicate them in writing to those charged with governance. SAS No. 112 specifically identifies a few common control deficiencies which must be addressed in each audit to determine if a significant deficiency exists, and based on our evaluation we have identified significant deficiencies in the design or implementation of internal controls, which are noted below. We consider the following deficiencies to be significant deficiencies in internal control: 1. We noted that the City does not have a written internal control policies and procedures document. In applying SAS 112 we believe that the City should adopt formal policies/procedures for all accounting areas, especially as it pertains to internal controls and the identification of key controls. Our audit did not uncover significant deficiencies pertaining to these areas other than the items noted below, however the policies/procedures in place are not in writing. We recommend at a minimum that the following areas be addressed (this constitutes a partial list, other areas of internal control should be addressed): o Computer security and who should has access to passwords and how often passwords are changed. o Controls over expenditures to ensure that there are no fraudulent checks or checks written in error - Who tracks the check sequence, who reviews the canceled checks back from the bank, who has custody of checks, and who is authorized to approve disbursements? o Detailed explanation of the controls over cash accounts, including how many people it takes to open/close an account, controls over wire transfers, and review of bank reconciliations. o Controls over cash receipting - How do you ensure that receipts are always given, and that all receipts are recorded in the general ledger. How often are deposits taken to the bank. o What internal controls and monitoring is used for reviewing and ensuring that the financial statements are accurate and are in conformance with GAAP (the control procedure here would be sending staff to training on new pronouncements, etc.) o Any internal audit functions, antifraud programs, etc. o Monitoring of internal controls by management and the governing body to ensure that controls are functioning properly and are evaluated when systems, the environment, and employees change. o Other areas that could be discussed - capital asset accounting, employee dishonesty insurance, physical security of documents, payroll processing/timesheets, and any other applicable financial areas. o Because of a limited number of available personnel, it is not always possible to adequately segregate certain incompatible duties so that no one employee has access to both physical assets and the related accounting records or to all phases of a transaction. Consequently, the possibility exists that unintentional or intentional errors or irregularities could exist and not be promptly detected. We recommend that the City address their segregation of duties issue in their internal control policies and procedures. 2. We noted that the Information Technology (IT) department does not have written internal control procedures that documents their internal controls over their internally developed utility billing system. We also noted that there was no written internal control procedures that details the general controls over all computers and systems City-wide. We recommend that the City develop written internal control procedures for these areas. The following are our recommendations for the previous year. The comments are repeated from our report to management for the year ended June 30, 2006, for perspective. 1. We noted that not all major balance sheet accounts were reconciled on a periodic basis. We recommend that all major balance sheet accounts be reconciled on a monthly basis. 2. In order to get fixed asset information into a format that is needed for the financial report, the City must export their fixed asset register out of Eden and into Excel. The City then manipulates the data within Excel. Excel is not made for fixed asset accounting and is prone to errors. We recommend that the City work with Eden to enhance their fixed asset accounting system, in order to make it easy to work with and in the needed formats for financial reporting. 3. We noted that the utility billing system cannot produce a report that breaks out the utility receivables by fund. This report would be a useful reconciliation tool for the City. We recommend that the City address this report writing issue. A material weakness is a significant deficiency, or a combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. We did not identify any significant deficiencies that are considered to be material weaknesses: New Issues - Not Control Deficiencies In order to keep our clients aware of new accounting and auditing requirements we have detailed upcoming new Issues: SAS No. 114 - The Auditor's Communication with Those Charged with Governance Statement on Auditing Standards (SAS) No. 114 supersedes SAS No. 61, Communication with Audit Committees, as amended. This SAS establishes standards and provides guidance to an auditor on matters to be communicated with those charged with governance. In the wake of well-publicized audit failures and emerging best practices in corporate governance, expectations have increased for auditors to communicate openly and candidly with those charged with governance regarding significant findings and issues related to the audit. The SAS uses the term those charged with governance to refer to those with responsibility for overseeing the strategic direction of the entity and obligations related to the accountability of the entity, including overseeing the entity's financial reporting process. It uses the term management to refer to those who are responsible for achieving the objectives of the enterprise and who have the authority to establish policies and make decisions by which those objectives are to be pursued. Management is responsible for the entity's financial statements. The SAS identifies specific matters to be communicated, many of which are generally consistent with the requirements in SAS No. 61. However, the SAS includes certain additional matters to be communicated and provides additional guidance on the communication process. In particular, the SAS: · Describes the principal purposes of communication with those charged with governance and stresses the importance of effective two-way communication. . Requires the auditor to determine the appropriate person(s) in the entity's governance structure with whom to communicate particular matters. That person may vary depending on the nature of the matter to be communicated. . Recognizes the diversity in governance structures among entities (including the existence of audit committees or other subgroups charged with governance) and encourages the use of professional judgment in deciding with whom to communicate particular matters. . Recognizes the unique considerations for communicating with those charged with governance when all of those charged with governance are involved in managing the entity, which may be the case with some small entities. . Adds requirements to communicate: . An overview of the planned scope and timing of the audit. . Representations the auditor is requesting from management. . Provides additional guidance on the communication process, including the forms and timing of communication. Significant findings from the audit should be in writing when, in the auditor's profession judgment; oral communication would not be adequate. Other communications may be oral or in writing, . Requires the auditor to evaluate the adequacy of the two-way communication between the auditor and those charged with governance. · Establishes a requirement to document required communications with those charged with governance. In order to be in compliance with these new auditing standards the auditors and the City Council needs to evaluate the audit oversight committee for any issues that may come up. The City has a unique situation in that the City Recorder is an elected official, a voting member of the audit committee as well as part of accounting process at the City. We recommend that the Council discuss this issue and re-affirm their position on whether or not the City Recorder be a voting member on the audit committee. We believe that as long as the City Council understands the unique nature of the City Recorder's position that whatever decision is made will be acceptable. SAS No.1 04-111 - The Risk Assessment Suite The Auditing Standards Board has issued eight additional new statements related to risk assessment, effective for audits of financial statements for periods beginning on or after December 15, 2006. This "SAS Suite's" primary objective is to enhance auditors' application of the risk assessment model in practice, and will require additional auditor and staff time in future years. This communication is intended solely for the information and use of management, the Council, and others within the organization, and is not intended to be and should not be used by anyone other than these specified parties. PAULY, ROGERS AND CO., P.C. CITY OF ASHLAND November 16, 2006 Audit Committee City of Ashland 20 East Main Street Ashland, OR 97520 Auditor reportable conditions for FY 2005-2006: 1. We noted that not all major balance sheet accounts were reconciled on a periodic basis. We recommend that all major balance sheet accounts be reconciled on a monthly basis. Response: Staff agrees with the Auditor's assessment. Current and consistent reviews and reconciliations of major and minor balance sheet accounts are needed to provide accurate and timely financial reports and the basis for a good annual review. The Administrative Services Department (including Finance Administration and Accounting divisions) continues to struggle with hiring and maintaining qualified staff to do assigned work. Because of this, we have been unable to assess whether the number of staff and corresponding skill levels are appropriate for the workload. We have already begun to evaluate roles, responsibilities and skill gaps within the Accounting Division, and throughout the rest of the department, in order to reorganize. This will not be a comment for FY 2006-2007. 2. In order to get fixed asset information into a format that is needed for the financial report, the City must export their fixed asset register out of Eden and into Excel. The City then manipulates the data within Excel. Excel is not made for fixed asset accounting and is prone to errors. We recommend that the City work with Eden to enhance their fixed asset accounting system, in order to make it easy to work with and in the needed formats for financial reporting. Response: The City has been in a process of improving fixed asset records over the last five years. This process was somewhat affected by reporting requirements from GASB 34 and we have made good progress. Staff will not finish developing processes, procedures and training on the Eden software until FY 2006-2007. All accounting staff can use spreadsheets and sometimes must resort to downloading into a format that is easier to work with to provide detail and supporting documentation. In general, I agree with the auditor about problems with spreadsheets, especially for accounting control. This will be resolved as part of the development of the software and training during this year. I hope these responses are helpful in understanding the work being done by the Administrative Services Department to meet or exceed City expectations and legal requirements. Sincerely, Lee Tuneberg City of Ashland Administrative Services & Finance Director PRIOR YEAR CONDITIONS, RESPONSES & UPDATES: Staff comments reviewing the prior year reportable conditions was provided to the auditor and included in their report. They are also presented below for your information: 1. We noted that the utility billing system cannot produce a report that breaks out the utility receivables by fund. This was part of a management comment that was issued in 2002-03 that has not been implemented (although the other parts of the prior management comment have been implemented). This report would be a useful reconciliation tool for the City. We recommend that the City address this report writing issue. FY 2005-2006 Status: The City is in the process of converting to an enhanced utility billing system developed by Ashland's Information Technology department. Improved features (including reporting capabilities) within that application is currently meeting this need. Staff anticipates an external review of this software between January and March, 2007, before final acceptance. Prior Year Response: Staff agrees with the Auditor's assessment but believe it is a greater issue than just report generation. The rest of the comment from FY 2003 was cleared by hiring another programmer and Finance promising an independent review of the internally-built software. The City now has two programmers on staff and both of them are working on the upgrade to the internal package but progress has been slow. At the time of this report no schedule or plan is in place for implementation, documentation and training. Additionally, Finance did conduct a review of the existing software by the Government Finance Officers Association between March and September, 2005. GFOA's report recommended the City go out to bid for a new DB package for many reasons including the current software's inability to generate balancing reports. A copy of the report is available for review Key issues to consider when looking at bidding software are: . Business processes - Ashland has a unique approach to most everything, especially with AFN as part of the billing process and such approaches may limit software packages that could be considered. ii . Complexity - Ashland's utility bills have many components but fees and charges generally are either formula or table driven. On-staff programming does provide unique customization. . Internal controls - Controls and documentation have been a problem for the city with the existing software and is a potential problem with the proposed new release of the internally-built software. . Cost to buy and maintain - The city has many financial applications and are charged 16% (approximately $61,000 in FY 2005-06) annually for support and updates. A new UB system may cost over $200,000 and be $32,000+ per year to maintain. . Staffing - We pay approximately $200,000 per year for programming staff support but they also do other work besides software creation and revision. Computer services has had difficulty in meeting demands put upon them in the recent past even though the total staff has grown by 3 since 2004. A possible approach to the challenge of a conversion is to permit the internally built software to compete in a RFP process with evaluations done by independent reviewers having no connection with the city's final decision. If the internal software was omitted from the process then programming staff would be expected to participate in evaluations and could be used to meet other systems' needs after a conversion was complete. 2. We noted that bank reconciliations were a few months behind in 2004-05. Performing timely reconciliations of all accounts, especially cash accounts, are a necessary part of good internal control. We recommend that cash be reconciled monthly, preferably prior to the twentieth day of the subsequent month. FY 2005-2006 Status: The Administrative Services Department has this as a goal for each month. Having a small staff, vacancies in positions and experiencing difficulty in filling positions with qualified staff has caused delays in getting all work done. Reconciliations for FY 2006-2007 are up-to-date at this time. Prior Year Response: Staff recognizes this shortfall and has worked to be current as of the date of this report. The Accounting Division has endured four different changes in staff in the last 12 months. This has disrupted processes and put us behind in many areas. Errors and delays in financial reporting, and this year's annual audit, attest to this. Day to day activities are being done but monthly activities can lag and improvements in other areas have been delayed. As the new employees become more experienced with the City the likelihood of this recurring will be minimized. 3. We noted a few visa statements had supporting receipts missing. Maintaining appropriate documentation is a major part of maintaining control over disbursements. Also, the visa's are being paid before all of the receipts are received. Account Payable is instructed to do this in order to avoid late charges. There appears to be a few individuals who disregard the visa iii documentation requirements, so the credit card policy should be enforced to either charge the employee personally for all unsubstantiated receipts or revoke card privileges. (Please note that the Internal Revenue Service (IRS) requires that employees substantiate all credit card reimbursements. The elements required for substantiation include: amount, time and date, place, and business purpose. According to the IRS, if credit card charges are not substantiated, the reimbursement amount could potentially be included in the employee's income.) FY 2005-2006 Status: We have seen improvement in this area through enforcement by Accounts Payable staff, however, the Administrative Services Department is preparing to provide renewed training on this and other purchasing processes in the coming months. During the last year, Ashland has changed some purchasing polices. They also will be addressed in the training. The timing of payments on credit card charges does not match well with city processes and is now requiring considerable manual work to meet deadlines and to minimize fees. Missing receipts or documentation from a card holder are pursued by the Accounting Division. If an employee fails to adhere to guidelines, they can be held personally accountable and will, at least, lose credit card privileges. The existing process is still considered necessary given the potential costs related to more restrictive purchasing barriers on those operations needing materials and services immediately. Prior Year Response: The City works hard to keep costs down while effectively managing purchasing procedures and controls. Ashland's CAFR recognizes that no control will cost more than the benefit derived. Reviews of purchases, especially by credit cards, are done monthly to ensure the highest level of compliance possible given staff and exposure. Paying bank statements immediately does not sacrifice any control and does avoid thousands of dollars of late fees annually. Those individuals who carry credit cards are educated on the rules. Single or infrequent problems with lost invoices are professionally dealt with but ongoing violations result in rescinding the authority to use a City credit card. This can result in operational deficiencies when emergencies arise but it is then the department's responsibility to take necessary steps to minimize any such impact. The credit card for the employee with multiple violations was revoked and alternate purchasing methods were established. iv October 29,2007 CITY OF ASHLAND The City Council City of Ashland, Oregon The Audit Committee advises the City Council on matters concerning the City's financial reporting process. In fulfilling its responsibilities, the Committee recommends the independent certified public accountants to be engaged by the City Council as the City's auditors. The Committee discusses with the selected independent certified public accountants the overall scope and specific plans for the audit. The Committee also discusses with the City's auditors the City's financial accounting and reporting processes, including the preparation of the financial statements. In addition, the Committee discusses including the safeguarding of the City's assets and other resources against unauthorized acquisition, use or disposition. At the conclusion of the annual audit, the Committee meets with the City's auditors to discuss the results of their audit and their evaluation of the City's financial reporting. Based on the Committee's discussions with the City's auditors, we accept the City's 2006-2007 Comprehensive Annual Financial Report (CAFR) and the related audit reports of the independent certified public accountants. Based on our acceptance, we recommend the CAFR and auditor's reports be accepted by the City Council. Respectfully submittedy' I The AUd(committee( \ i\" +--~ \ . If IV ! ,f _ \ ~/ t I &J\,---- . L-----. Martin Levine, CPA, Member Barbara Christensen, City Recorder/ Treasurer Ex-Officio Member G 20 East Main Street Ashland, Oregon 97520 www.ashlandor.us Tel. 541-488-5300 Fax 541-488-5311 TTY 800-735-2900 ~~, RESOLUTION NO. _. ~CO} -07 A RESOLUTION CHANGING THE COMPOSITION OF THE MUNICIPAL AUDIT COMMITTEE BY MAKING THE CITY RECORDER A VOTING MEMBER. ALLOWING THE MAYOR AS AN AL TERNA TIVE FOR A COUNCIL MEMBER AND REPEALING RESOLUTION NO. 98-06. RECIT ALS: A. The role and responsibilities of the Municipal Audit Committee were established in June 1991 pursuant to Resolution 9 I - I 6. The committee was re-established in 1995 with modified objectives and responsibilities as set forth in Resolution 95-24 and 98-06. B. The city council desires to modify the composition of the committee by making the city recorder a voting member and allowing the mayor to serve as a voting member. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. Committee Established. The Municipal Audit Committee is established and shall consist of five voting members. The committee may request the presence of any city official at its meetings. SECTION 2. Terms. Qualifications. Vacancies. A. Four voting members shall be appointed by the city council and shall consist of one council member or mayor, one budget committee member, and two citizens at large. The fifth voting member shall be the City Recorder. The terms of the council member or mayor and budget committee member shall be for one-year each expiring on April 30 of each year; and the terms for the citizens at large shall be for three-year terms, expiring on April 30, or until their respective successors are appointed and qualified; provided that in the first instance the terms of the initial citizen- at-large members shall be staggered for two and three years. B. In making the appointments, the council shall give preference to persons with accounting or auditing experience, background or expertise. C. Any committee member, other than the city recorder, who is absent, without prior permission from the committee chair, from two or more meetings in a one-year period shall be considered no longer active and the position vacant. and a new person shall be appointed to complete the term. SECTION 3. Quorum and Rules. Three voting members shall constitute a quorum. The committee shall establish rules for its meetings and shall meet at least semi- annually and at such other times as may be necessary. SECTION 4. Responsibilities. The committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. B. Analyze and report to the council significant findings in the annual audit report and make recommendations regarding such findings. C. Make recommendations, if any, to the council regarding the following financial documents: I. ") 3. Annual financial statements. Management letter submitted by the independent auditor, and Response to management letter submitted by city staff SECTION 5. Reports. The committee shall submit copies of minutes of its meetings to the counciL Reports or recommendations of the committee shall be considered advisory in nature and shall not be binding on the mayor or city council. -. SECTION 6. Repeal. Resolution No. 98-06 is repealed. This resolution was read ~itle only in accordan5t. with ~Iand Municipal Code S 2.04.090 duly PASSED and ~ ~~ ,2003. arbara Christensen, City Recorder SIGNED and APPROVED this f) day of CY1.cA.(~, 2003. f2~~ Paul Nolte, City Attorney .~4//er::' Alan DeBoer, Mayor