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HomeMy WebLinkAboutResolution 3802-10-2009 RepealedAPPROVING THE CHARTER FOR THE AUDIT AND FINANCE ADVISORY COMMITTEE WHEREAS, on August 11, 2009 the City Council adopted Resolution No. 3775 - 08 -2009 amendino, the City Council's Rules of Procedure to establish the Audit and Finance Advisory Committee (the "Committee") as a standing committee; and WHEREAS, Section 7-5 of such amended Rules of Procj4NYprovides that the specific duties and responsibilities of the Committee are to � t forth in a charter adopted by the City Council by resolution, and until that tim original charter for the Committee, adopted on October 3., 2006 pursuant to M -10-1 e 15473, will continue in effect-, and WHEREAS, on August 27, 2009 the Committe nanimously voted to recommend that the City Council adopt the revised charter tbc�hed hereto as Attachment 1, which clarifies and updates the original charter; and WHEREAS, City staff concurs with 11�r 1 ecornmendation; and NOW, THEREFORE, BE I Bj SOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEN. THAT the charter ed hereto as Attachment I (which contains revisions to the original charter adopte October 3. 2006 pursuant to M&C G-154731. as reflected in the redlined document at ed hereto as Attachment 2) is hereby approved and shall govern ons the duties and obliwof the Committee from the date of adoption of this Resolution until such time as the City Council may adopt a revised charter for the Committee in accordance with Section 7.5 of the City Council's Rules of Procedure, FURTHER, THAT the charter adopted pursuant to M&C G-15473 is hereby repealed. Adopted this 201" dav ot"Octuber 2009. BE= RESOLUTION NO. 3802-10-2009 ATTEST: By: - ----- Marty Hendrix, City Sccretary --nA e) eR lqz A P C! 0 u N Y v 'k-i oi the �o. e) NOR= RESOLUTION NO. 3802-10-2009 FORTWORTH owl- Attachment I City of Fort Worth Audit and Finance Advisory Committee Charter The Audit and Finance Advisory Committee (the -Committee") shall provide advice to the City Council with respect to oversight for financial reporting., internal controls and auditing activities. The z:1 Committee shall not have direct authority over any such matters, but may vote to recommend that the City Council take certain actions or direct the City Manager to take certain actions. The ity Council may refer appropriate matters for review by the Committee, but the Committee's oversighth*kch matters shall be purely Committee members shall make all requests and direct all Ki_� ana(-Yer/Council form of urely advisory in nature. In accordance with the City Charter's establishment I L 1�rt to the City Manager or c assistant City Manager assigned as staff liaison for the Committee and sh�zlot give orders or directions to any other administrative staff subordinates. Unless otherwise indicated below or specifically requeste(�A; the City Council, the Committee shall perform or undertake the following tasks as the Committee dt tines, in its sole discretion, to be necessary: I . Annually review and make recommendations with r to the appointment of the independent auditors and the related audit fees. Review and evaluate the performance of the indent auditors and make related recommendations to the City Council. 2. Review the policies and procedures with spect to the City's elected officials and appointed officers. including the use of expense accounts, public , s. and public property, including, for example, the use of City vehicles. Consider the results of a 16w of these areas by the City Auditor or the independent auditors. Nffl 3. Make recommendations as to ecessitv of employment of audit firms other than the principal independent auditors for services that th or the independent auditor determines would not be appropriate for the independent auditor to 4 Inquire of the City : Office, the City Auditor, and the independent auditors about significant risks or exposures facing the ' assess the steps management has taken or proposes to take to minimize such risks and periodically review compliance xvitlisuch steps. Annually review with the independent auditor, the Finance director of the City, the City Manager's Office, and the City Auditor the audit scope and plan of the City Auditor and the independent auditors, Address the coor(lination of audit efforts to assure the conipletenesiof coverage, reduction of redLindant et", rte, and the ettecti-ve use of audit resources, -4 , 6. Review with management and the City Auditor: • Significant findings on internal audits during the year and management's responses thereto • Any difficulties the internal audit team encountered in the course of their audits, including any restrictions on the scope of their work or access to required information • Any changes required in the scope of their internal audits • The internal audit department budget and staffing • The internal audit department charter • The internal audit department's compliance with applicable standards (for example, Governtricnt Auditing Standards. or the Institute of Internal Auditors' (II A's) Standards for the Professional Practice of Internal Auditing) Inquire of the City Manager's Office regarding the fiscal health of the City as well as the financial status of the City in relation to the adopted budget, • 8. Review with the independent auditors and the City Auditor: • The adequacy of the City's internal controls including computerized information - 's i controls and security • Any related significant findings and recommendations of the independent auditofsVd internal auditors together with management's responses thereto 11\ ## (See the tools "Internal Control: A Tool for the Audit Committee" and "Fraud trULYthe Responsibilities of the Government Audit Committee" in this toolkit.) 9. Review with the independent auditors the financial statements and in genient letters of the City of Fort Worth's Employees* Retirement Fund, Fvaluate the impact of th R firement Fund's obligations on the City's 11 fiscal condition. Make recommendations rewarding the City., dment Fund ordinance, Recommend as necessary that the City Council commission actuarial studie, 38,.,et allocation studies, plan assumption studies cue' and other professional reports and reviews to measure th t rement Fund's overall health and its comparison to t other public employees' retirement funds based on dat ared by the National Public Employees' Retirement System (NCPERS). 10, Review with the City Manager's Office and thoc , oyependent auditor the effect of any regulatory and accounting initiatives. such as related organizations f (T structures, derivatives. or securities lendine. 11. Review with the independent auditor tl performs the financial statement audit: • All critical accounting policies dl%pa ices used by the City • All alternative treatments of fil N a I information within generally accepted accounting principles that have an been discussed with the Cit � gement. the ramifications of each alternative, and the treatment preferred by the City. 1sl a itiancial 12. Annually review the C' ��W_ Management Policy Statements for revisions and annual adoption by the City CounciL, V 13, Review with the City Manager's Office and the independent auditors: • The City's annual financial statements, related footnotes, and management's discussion and analysis • The independent auditors audit of the financial statements and their report thereon • The independent auditors' judgments about the quality, not Just the acceptability, of the City's accountin� principles as applied in its financial reporting • The independent auditors ' Sill2le audit of the federal a,.vards administered by the City and their reports thereon • Anvsiunfflcant chances required in the independent auditors' audit vial] • Anv serious difficulties or disputes with management encountered during the audit • Matters required to be discussed by Statement on Auditing Standards (SAS) No, 6 1, Communication 117th Audi Committees (AICPA, Prol�ssional Siandards, vol. 11, AU see, _3801, as amended, U.S. Govemnlent Accountability Office's Gotvrn rat nt AudiungSrandards: and the U,S, Office of Management and Budget's Circular A-! 3 3 related to the conduct of the audits CaW, ns bevveen the 'ndevenden- auditors find mat-w�etrient, Such d"; aniv All 111111 it qundican vvntten connnuni 11) management letter or schedule of una cl 1- ed 1 iust diffierences 14. Review with the City Attorney and the City Auditor legal and regulatory matters that, in the opinion of the City Manager's Office, may, have a material impact on the financial statements and compliance with federal, state, and local laws and regulations. 15. Periodically review the City's code of conduct to ensure that it is adequate and up to date. Review with the City Auditor and the City Attorney the results of their review of compliance monitoring with the code of conduct. 16. Review the procedures for the receipt, retention, and treatment of complaints received by the City regarding accountinL,. internal accounting controls, auditing matters. or suspected fraud that may be submitted by any zn t� - - party internal or external to the organization. Review any complaints that might have been received. current status, and resolution if one has been reached. 1?. Review procedures for the confidential, anonymous submission by the City's employees of concerns regarding questionable accounting or auditing matters. or suspected fraud. 0 Review any submissions that have been received, the current status., and the resolut one has been reached. 18. Monitor and evaluate the City's information technology and internal control st irry i, s 19. Annually review the Committee's own effectiveness and make recominenptw , to the City Council regarding desired changes to this Charter. 4�p e) --nA \61 "I e) eR I�F 10 RESOLUTION NO. 3802-40-2009 The Audit and Finance Advisory Committee (the -Committee") shall provide advice to the Citv Council with respect to oversight for financial reporting. internal controls and auditing activities. The Committee shall not have direct authority over any such matters, but may vote to recommend that the City Council take certain actions or direct the City Manager to take certain actions, The C.4tv Council may refer appropriate matters for review by the Committee, but the Committee's oversight h* ch matters shall be purely advisory in nature. In accordance with the City Charter's establishment ana(ler,"Council form of government, Committee members shall make all requests and direct 11 iti s to the City Manager or al Assistant City Manager assigned as staff liaison for the Committee and sJMit give orders or directions to in - anv other administrative staff subordinates. , Q,( Unless otherwise indicated below or specifically rcquestec�N, the City Council, the Committee shall perform or undertake the following tasks as the Committee d (A I nes, i n i ts sole discretion, to be necessary: 'ar I Annually review and make recorm-nendati -ith respect to the appointment of the independent auditors and the related audi S. Review and evaluate the performance e independent auditors and make related recommendations to the Citv Couop N 2. Review the policies and proced s with respect to the City's elected officials and appointed officers, including the use q mse accounts, public monies, and public property, 4- use including, for example, t of City vehicles. Consider the results of any review of these areas by the City Auditooto the independent auditors. 3. Make recommend, s as to the necessity of employment of audit firms other than the principal indepc t auditors for services that the City or the independent auditor determines would not be appropriate for the independent auditor to perform. 4 Inquire of the City Manager's Office, the City Auditor, and the independent auditors about sumificant risks or exposures facing the City'. assess the steps management has taken, or proposes to take to minimize such risks and periodically review compliance with such steps. 5. Annually review with the independent auditor, theFinancc director of the City. the City Manager's Office, and the City Auditor the audit scope and plan of the City Auditor and the independent auditors. Address the coordination of audit efforts to assure the completeness of coverage, reduction of redundant efforts, and the effective use of audit resources. 6. Review with management and the City Auditor: • Significant findings on internal audits during the year and management's responses thereto • Any difficulties the internal audit team encountered in the course of their audits, including any restrictions on the scope of their work or access to required information • Any changes required in the scope of their internal audits • The internal audit department budget and staffing • The internal audit department charter • The internal audit department's compliance with applicable standards xample., GovcrnmcntAuditing Standards, or the Institute of Internal Auditors, 's) Standards for the Professional Practice of Internal Auditing) 7. Inquire of the City Manager's Office regarding the fiscal health N e City as well as the financial status of the City in relation to the adopted budget V% S. Review with the independent auditors and the City A i tor: • The adequacy of the City's internal controls incl computerized information system controls and security • Any related significant findings and reconN 10 ations of the independent auditors and internal auditors together with managclr� R s responses thereto (See the tools "Internal Control: A To�ee Audit Committee" and "Fraud and the Responsibilities of the Government A . ommittee" in this toolkit.) 9. Review with the independent 4 ors the financial statements and management letters of the City of Fort Worth's Emplokes Retirement Fund. Evaluate the impact of the Retirement Fund's obligations on th�inance. &'y's fiscal condition. Make recommendations regarding the City's Retirement Fu Recommend as necessary that the City Council commission actuar� Vdies, asset allocation studies, plan assumption studies and other professional rep, of nd reviews to measure the Retirement Fund's overall health and its r comparison to er public employees' retirement funds based on data prepared by the National Public Employees' Retirement System (NCPERS). 10. Review with the City Manager's Office and the independent auditor the effect of any regulatory and accounting initiatives. such as related organizations financing structures, denvatives, or securities lending 11. Review with the independent auditor that performs the financial statement audit: • All critical accounting policies and practices used by the City • All alternative treatments of financial information within generally accepted accounting principles that have been discussed with the City's management, the ramifications of each alternative, and the treatment preferred by the City. 12. Annually review the City's Financial Management Policy Statements for revisions and annual adoption by the City Council. 13. Review with the City Manager's Office and the independent auditors: • The City's annual financial statements, related footnotes, and management's discussion and analysis • The independent auditors' audit of the financial statements and thei rt thereon • The independent auditors' judgments about the quality, not just t cceptability, of the City's accounting principles as applied in its financial reporti • The independent auditors' single audit of the federal awardn.,?dministered by the City and their reports thereon • Any significant changes required in the independent aN�ors' audit plan • Any serious difficulties or disputes with rnanagemr I btencountered during the audit • Matters required to be discussed by Statement uditing Standards (SAS) No. 61, Communication If7th Audit Committees (Al Professional Standards, vol. 1, AU sec. 380), as amended; U.S. Government Acc!�bility Office's Government Auditing Standards; and the U.S. Office of ManV.%Yent and Budget's Circular A-1313 related to the conduct of the audits .9, • All significant written commun' I V's betweent he independent auditors and management, such as any man glEment letter or schedule of unadjusted differences pA` m 14. Review with the City A and the City Auditor legal and regulatory matters that, in the opinion ofthe City Ma 0 ,4iN 's Office, may have a material impact on the financial statements L and compliance wit eral, state, and local laws and regulations. 15. Periodically reAF the City's code of conduct to ensure that it is adequate and up to date. Review with the City Auditor and the City Attorney the results of their review of compliance monitoring with the code of conduct. 16. Review the pro-cedures for the receipt, retention, and treatment of complaints received by the Citv regardini, accounting, ratemal accounting controls, auditing att ers, or suspected fraud that may be submitted by any party internal or external to the organization. Rev-few any complaints that might have been rec6ved, current status, and resolution if one has been reached. 17. Review procedures for the confidential, anonymous submission by the City's employees of concerns regarding questionable accounting or auditing matters, or suspected fraud. Review any submissions that have been received, the current status, and the resolution if one has been reached. 18. Monitor and evaluate the City's information technology and internal control strategies. 19. Annually review the Committee's own effectiveness and make recommendations to the City Council regarding desired changes to this Charter. t'V 'P e) NnA \61 eR "I e) Iqz In • FIR Me COUNCIL ACTION: Approved on 10/20/2009 - Res. No. 3802-10-2009 1ATE: Tuesday, October 20, 2009 :-OG NAME: 12A&F CHARTER 10:49 SUBJECT: Adopt a Resolution Approving the Charter for the Audit and Finance Advisory Committee RECOM MIEN DATION: n It is recommended that the City Council adopt the attached resolution appro, 'NF Charter for the Audit and Finance Advisory Committee. O DISCUSSION,: On August 11, 2009, the City Council adopted Resolution No. 37<§8-2009 amending the City Council's Rules of Procedure to establish the Audit and Finance Advlsolwttsommittee (the Committee) as a standing committee, The Resolution provided that the specific duties ar)2responsibilities of the Committee is to be set forth in a charter adopted by the City Council by res2_k1W. In the meantime, the existing charter for the Committee, adopted by the City Council pursuant to9Z&C G -15473 on October 3, 2006, prior to establishment of the Committee as a standing co nn ' has continued in effect. * The 2006 Charter was adopted shortly after they �e &$ mittee was initially created. On August 27, 2009, the Committee unanimously voted to recommen�4Nt the City Council adopt the charter attached to the proposed Resolution, which revises the o ill charter to better clarify the duties and responsibilities of the Committee. A redlined copy of the 0 al charter is also attached to the Resolution to show the changes reflected in the revised charb +i t, ,4 y staff concurs with the Committee's recommendation that the City Council adopt this revised chkrv. 3 FISCAL, INFORMATION I G IFICATION: The Financial Managemervices Director certifies that this action will have no material affect on City funds, lqz X FUND CENTER,$: • Fund/Account/Centers CERTIFICATIONS: • Originating Department Head: Additional Information Contact: Karen Montgomery (6222) David Yett (7623) ✓ogname- 12A CHARTER Page I of I