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HomeMy WebLinkAboutOrdinance 11062i r .e ~ + ORDINANCE NO . ~/ ~~p i AN ORDINANCE AMENDING CHAPTER 2, DIVISION 3, OF THE CODE OF THE CITY OF FORT WORTH, TEXAS, CONCERNING THE DEPARTMENT OF INTERNAL AUDIT OF THE CITY OF FORT WORTH; PROVIDING THAT THE DEPARTMENT SHALL BE UNDER THE DIRECTION AND CONTROL OF THE CITY INTERNAL AUDITOR; PROVIDING FOR THE APPOINTMENT, QUALI- FICATIONS AND COMPENSATION OF THE CITY INTERNAL AUDITOR; PROVIDING FOR THE TERM, REMOVAL, ABSENCE OR DISABILITY OF THE CITY INTERNAL AUDITOR; PROVIDING FOR THE POWERS AND DUTIES OF THE DEPARTMENT OF INTERNAL AUDIT; AND PROVIDING FOR THE APPOINTMENT OF EMPLOYEES IN THE DEPARTMENT; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES NOT IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, at a special election held on May 6, 1989, the qualified voters of the City of Fort Worth approved various amendments to the existing Charter of said City; and WHEREAS, one of such amendments provided for the addition to the Charter of a new Chapter XXVIII, Department of Internal Audit; and WHEREAS, it is necessary to amend Chapter 2, Division 3 of the Fort Worth City Code to conform to the provisions of Chapter XXVIII of the Charter, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 2 of the Code of the City of Fort Worth, Texas (1986), is hereby amended by changing Division 3, "Internal Audit", thereof to read as follows: Q~~~~~~~ ~~,~~ ~6TY S~C~~T~~~~' frt. ~OQRT~i. T~~ P "Division 3. Department of Internal Audit. Sec. 2-131. Established. Pursuant to Chapter XXVIII of the City Charter, there shall be a Department of Internal Audit. Sec. 2-132. City Internal Auditor; Appointment; Qualification; Compensation. The Department of Internal Audit shall be under the direction and control of the City Internal Auditor, who shall be recommended by the City Manager and appointed by the City Council The City Internal Auditor must be a person knowledgeable in public financial and fiscal theory, municipal accounting and auditing, and public administration The City Internal Auditor's compensation shall be fixed by the City Council. Sec. 2-133. Term; Removal; Absence or Disability of City Internal Auditor. The City Internal Auditor shall not be appointed for a definite fixed time but shall be removable at the will and pleasure of the City Council by a vote of not less than a majority of the entire Council. If removed after serving six (6) months, the City Internal Auditor may demand written charges and the right to be heard thereon at a public meeting of the City Council prior to the date on which the City Internal Auditor's final removal shall take effect, but pending such hearing the City Council may suspend the City Internal Auditor from office. The action of the City Council in suspending or removing the City Internal Auditor shall be final. In case of the absence or disability of the City Internal Auditor, the City Council may designate some qualified person to perform the duties of the office Sec. 2-134. Powers and Duties of the Department of Internal Audit. (a) The Department of Internal Audit is charged with the duty of conducting financial, fiscal com- pliance, financial procedure and operational audits of all City departments, agencies and programs. The scope of the department's work shall be established in an annual audit plan to be approved by the City Council Any changes in or additions to the scope of the work established in the annual audit plan must be approved by the City Council. 2 aFF~c~~ R~~~ p~~Ti'Y /S~pE~CPe~T~~" ^ ^e ~6D 109'li~ ~a f f (b) The Department of Internal Audit shall act strictly in an advisory capacity and shall have no authority over, nor direct responsibility for, any of the activities reviewed. To accomplish the objectives set forth above, audits shall be made to determine: (1) The adequacy of systems of internal control, which may include but not be limited to providing reliable and accurate information, safe- guarding and protecting assets, complying with applicable policies, procedures and regulations, and measuring the efficient and economical use of resources; (2) Whether systems of financial control are functioning properly. (3) Whether activities are operating effi- ciently and economically; and (4) Whether parties doing business with the City have complied with the terms of their con- tracts. (c) In addition to the work established in the annual audit plan, the Department of Internal Audit shall perform such other audits as may be requested by the City Couhcil or City Manager. (d) In the performance of its duties, the Department of Internal Audit shall have access to all books and records of all departments, agencies and programs of the City and to all officers, agents or employees of the City. (e) All City contracts and subcontracts shall contain a 'Right to Audit' clause This clause shall provide that the City and the City Internal Auditor shall have access to and the right to examine all necessary books, papers, documents, records and per- sonnel of parties who contract with the City or who subcontract under a City contract. 'Necessary books, papers, documents, records and personnel' are those which pertain to City contracts and subcontracts and are required to evaluate compliance with the terms of those contracts and subcontracts Sec. 2-135. Appointment of Employees. Within the budget approval process and personnel procedures established by the City Council for all departments, the City Internal Auditor shall have the 3 D~~I~I~I R~Caf~L~ CITY SE~RETAR~ fT. ~iQRTN, TE)(. .. ~ t ~, power to appoint, employ and remove such assistants, employees and personnel as he may deem necessary for the efficient administration of the affairs of the Department of Internal Audit and to prescribe and fix their duties, scope of authority and qualifications. SECTION 2. This ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict herewith but only insofar as any portion of such prior ordinance or provision shall be in conflict, and, as to all other ordinances or provi- sions of the Fort Worth City Code not in direct conflict here- with, this ordinance shall be, and is hereby, made cumulative. SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 4 ~ C~~Y SE~~ET~RY ~T.1~O~~t~, ~'~._,, _. SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~C " ~ ~ ~-' ADOPTED : ~' ~' ~„Z EFFECTIVE DATE: Q~~'I~IAt ~ECQC® ~. CITY S~C~ETARY 5 ~T. ~ORTN, TfX.