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HomeMy WebLinkAboutORDINANCE 5862113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5862 File Number: 2016-0130 INTERNAL AUDIT DIVISION CHARTER: AN ORDINANCE TO AMEND CHAPTER 33 OF THE FAYETTEVILLE CODE TO RENUMBER THE SECTIONS OF ARTICLE XXV AUDIT COMMITTEE AND INTERNAL AUDITOR AND RESERVE SECTIONS 33.365 THROUGH 33.369 AND 33.375 THROUGH 33.379 FOR FUTURE USE, AND TO APPROVE AN AMENDMENT TO THE INTERNAL AUDIT DIVISION CHARTER REDUCING THE NUMBER OF REQUIRED ANNUAL MEETINGS FROM FOUR TO THREE TO BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY CODE WHEREAS, Chapter 33 of the Fayetteville City Code should be amended to renumber the sections of Article XXV Audit Committee and Internal Auditor, and to reserve sections 33.365-33.369 and sections 33.375-33.379 for future use; and WHEREAS, the Internal Audit Division Charter should be amended to reduce the number of required annual meetings from four to three in order to be consistent with the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the numbering of the sections of Article XXV Audit Committee and Internal Auditor of the Fayetteville City Code from §§ 33.365 through 33.369 to §§ 33.370 through 33.374, and further reserves §§ 33.365 through 33.369 and §§ 33.375 through 33.379 for future use. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to the Internal Audit Division Charter reducing the number of annual meetings of the Audit Committee from four to three in order to be consistent with the City Code. Page 1 Printed on 416116 File Number: 2016-0130 Ordinance: 5862 PASSED and APPROVED on 4/5/2016 Attest: Z,4-.6. Sondra E. Smith, City Clerk Treasurer ti Li i� i ��� �� ►N III ON'r���,� Page 2 Printed on 416116 City of Fayetteville Internal Audit Division Charter Introduction: Internal Auditing is an independent and objective assurance and consulting activity that is guided by a philosophy of adding value to improve the operations of the City of Fayetteville. It assists the City in accomplishing its objectives by bringing a systematic and disciplined approach to evaluate and improve the effectiveness of the City's risk management, control, and governance processes. Role: The City of Fayetteville Internal Audit Division is established by the City Council, and its responsibilities are defined by the Audit Committee of the City of Fayetteville and the City Council as part of their oversight function. Policies and Procedures: The Internal Audit Division will adhere to City of Fayetteville policies and procedures, and specifically Policy and Procedure IC -01, Internal Auditing Procedure, and the City of Fayetteville Internal Audit Standard Operating Procedures. The Internal Audit Division will apply the International Standards for the Professional Practice of Internal Auditing as possible in a single staff Internal Audit Division. Authority: Authority is granted for full, free, and unrestricted access by the Internal Audit Division to any and all City of Fayetteville records, physical properties, and personnel relevant to any function under review. All City of Fayetteville employees are requested to assist the Internal Audit Division in fulfilling its role. The Internal Audit Division shall also have free and unrestricted access to the City Council and the Audit Committee. Documents and information given to the Internal Audit Division during a periodic review will be handled in the same prudent and confidential manner as by those employees normally accountable for them. Organization: The Internal Audit Division shall report administratively to the Mayor for assistance in establishing direction, support, and administrative interface; and functionally through the Audit Committee to the City Council for strategic direction, reinforcement, and accountability. The Internal Audit Division shall meet with the Audit Committee at least three times annually. Independence: All Internal Audit Division activities shall remain free of influence by any element in the organization, including matters of audit selection, scope, procedures, frequency, timing, or report content to permit maintenance of an independent and objective mental attitude necessary in rendering reports. The Internal Audit Division shall have no direct operational responsibility or authority over any of the activities reviewed. Accordingly, the Division shall not develop nor install systems or procedures, prepare records, or engage in any other activity which would normally be audited. Audit Scope: The scope of the Internal Audit Division encompasses the examination and evaluation of the adequacy and effectiveness of the City's governance, risk management process, system of internal control structure, and the quality of performance in carrying out assigned responsibilities to achieve the City's stated goals and objectives. It includes: • Reviewing the reliability and integrity of financial and operating information and the means used to identify, measure, classify, and report such information. • Reviewing the systems established to ensure compliance with those policies,. plans, procedures, laws, and regulations which could have a significant impact on operations and reports and whether the City is in compliance. • Reviewing the means of safeguarding assets and, as appropriate, verifying the existence of such assets. • Reviewing and appraising the economy and efficiency with which resources are employed. • Reviewing operations or programs to ascertain whether results are consistent with established objectives and goals and whether the operations or programs are being carried out as planned. • Reviewing specific operations at the request of the Audit Committee, the City Council, or management, as appropriate. • Monitoring and evaluating the effectiveness of the City's risk management system. • Reviewing the quality of performance of external auditors and the degree of coordination with the Internal Audit Division. • Reviewing the internal control statement by senior management, contained in the Letter of Transmittal of the Comprehensive Annual Financial Report, and the related opinion and comments by the attest auditor for audit planning. Audit Planning: Annually, the Internal Audit Division shall submit to senior management, the Audit Committee, and the City Council, a summary of the audit work plan and budget"for the following fiscal year. The audit work plan is to be developed based on a prioritization of audit tasks using a risk-based methodology. Any significant deviation from the formally approved work plan shall be communicated to senior management, the Audit Committee, and the City Council through periodic activity reports. City of Fayetteville, Arkansas f 1 T I Text File —J` File Number: 2016-0130 Agenda Date: 4/5/2016 Version: 1 In Control: City Council Meeting Agenda Number: C. 3 INTERNAL AUDIT DIVISION CHARTER: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO AMEND CHAPTER 33 OF THE FAYETTEVILLE CODE TO RENUMBER THE SECTIONS OF ARTICLE XXV AUDIT COMMITTEE AND INTERNAL AUDITOR AND RESERVE SECTIONS 33.365 THROUGH 33.369 AND 33.375 THROUGH 33.379 FOR FUTURE USE, AND TO APPROVE AN AMENDMENT TO THE INTERNAL AUDIT DIVISION CHARTER REDUCING THE NUMBER OF REQUIRED ANNUAL MEETINGS FROM FOUR TO THREE TO BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY CODE WHEREAS, Chapter 33 of the Fayetteville City Code should be amended to renumber the sections of Article XXV Audit Committee and Internal Auditor, and to reserve sections 33.365-33.369 and sections 33.375-33.379 for future use; and WHEREAS, the Internal Audit Division Charter should be amended to reduce the number of required annual meetings from four to three in order to be consistent with the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the numbering of the sections of Article XXV Audit Committee and Internal Auditor of the Fayetteville City Code from §§ 33.365 through 33.369 to §§ 33.370 through 33.374, and further reserves §§ 33.365 through 33.369 and §§ 33.375 through 33.379 for future use. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to the Internal Audit Division Charter reducing the number of annual meetings of the Audit Committee from four to three in order to be consistent with the City Code. City of Fayetteville, Arkansas Page 1 Printed on 41612016 Leslie Smith Submitted By City of Fayetteville Staff Review Form 2016-0130 Legistar File ID 4/5/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/10/2016 Internal Audit/ Chief of Staff Submitted Date Division / Department Action Recommendation: Correction of error conflict between the Internal Audit Charter and Ordinance 5522 making the charter agree with the ordinance and re -numbering city code to allow for reserved sections. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated -Current Balance Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF ayrle CITY COUNCIL AGENDA MEMO AS MEETING OF APRIL 5, 2015 TO: Mayor Lioneld Jordan and the City Council THRU: Don Marr, Chief of Staff FROM: Leslie Smith, Internal Auditor C�e's DATE: March 10, 2016 SUBJECT: Correction of error conflict between the Internal Audit Charter and Ordinance 5522 making the charter agree with the ordinance and re- numbering city code to allow for reserved sections. RECOMMENDATION: Staff recommends City Council approval of an error correction between the Internal Audit Charter and Ordinance 5522 making the charter agree with the ordinance. Also staff recommends City Council approval of re -numbering of city code in order to allow for reserved sections. BACKGROUND: There is a conflict between Ordinance 5522 and the Internal Audit Charter regarding the minimum number of meetings required annually. The numbering of Chapter 33: Departments, Boards, Commissions, and Authorities did not allow for reserved numbers for future use. With the re -numbering and reserved numbers for the Town and Gown Advisory Committee, the Audit Committee and Internal Auditor sections will move to 33.370 through 33.374 with 33.375-33.379 reserved for future use. DISCUSSION: None. BUDGETISTAFF IMPACT: None. Attachments: Agenda packet for correction of Internal Audit charter and code Chapter 33.pdf Mailing Address: 113 W. Mountain Street www.fayettevilie-argov Fayetteville, AR 72701 City of Fayetteville Internal Audit Division Charter Introduction: Internal Auditing is an independent anti objective assurance anti consulting activily that is guided by a philosophy of adding value to improve the operations ofthe City of Fayetteville It assists the City in accornplishiug its ohicetives by bringing a systematic and disciplined approach to evaluate and improve the effectiveness ofthe City's risk management, connol,and governance processes Tole '['he City of Fayetteville Internal Audit Division is established by the City Council, and its responsibilities are defined by the Audit Committee ofthe City of Fayetteville and the City Council as part of [heir oversight function Policies and Procedures: The Internal Audit Division will adhere to City of Fayetteville policies and procedures, and specifically Policy and Procedure IC -Qt, internal Auditing Procedure. and the City of Fayetteville Internal Audit Standmd Operating Procedures The Internal Audit Division will apply tile INeinarionalStandards for theProlessionalPracticeoflrtternalAudifing as possible in a single staff lutetnal Audit Division Authority: Authority is grinned For full, free, and unrestricted access by the Internal Audit Division to ant• and all City or rayetteville records, physical properties, and personnel relevant to any function under review All City of Fayettevitle employees are requested to assist the Internal Audit Division in frdfdling it's role The Inicinal Audit Division shall also have free and unrestricted access to the City Council amt the Audit Committee_ Documents and inf'ornraliun given to the forcinal Audit Division during a periodic review will be handled to the same prudent and confidential mamicr as by those employees normally- accountable for [hem Organization: The Internal Audit Division shall report administratively to the Mayor for assistance in establishing direction, support, and adruinistrative interface; and functionally through the Audit Committee to [lie City Council lbr stra[eeic direction, reinforcement, and accountability The Internal Audit Division shall meet with [he Audit Committee at least threelea-tinres annually Independence: All Internal Audit Division activities shall remain free of influence by any clement in the organization, including matters of audit selection; scope, procedures, frequency. timing, or report content to permit maintenance ofan independent and objective mental attitude necessary inrcnderingreports The Internal Audi[ Division shall have no direct operational responsibility or authority over any of the activities reviewed. Accordingly, the Division shall not develop nor install systems or procedures, prepare records, or engage in ally Other activity which would normally be audited. Audit Scope: The scope ofthe Internal Audit Division encompasses the examination and evaluation of the adequacy and effectiveness ofthe City's governance, risk management process, system of internal control structure, and the quality of'performance, in carrying out assigned responsibilities to achieve the City's stated goals and objectives. It includes: Reviewing the reliability and integrity of financial and operating ntftnrnation and the means used to identify, measure, classify. and report such information. Reviewing the systems established to ensure compliance with those policies, plans, procedures_ latus, and regulations which could have a significant impact on operations and reports and whether the City is in c'omplianc'e. Reviewing the means ofsafeguarding assets and, as appropriate, verifying the existence of suclt assets. • Reviewing and appraising the economy and efficiency with which resources are employed. Reviewing operations or programs to ascertain whether results are consistent with established objectives and goals and whether the operations or programs are being carr ied out as planned. Reviewing specific operations at the request of the Audit C ontrnittee, the City Council, or management, as appropriate • Monitoring and evaluating the effccliveness orthe City's risk management system Reviewing the quality ofperfoi nance orexternal auditors and the degree of coordination with the Internal Audit Division Reviewing the internal control statement by senior management, contained in the Letter of Transmittal ofthe Comprehensive Annual Financial Report, and the related opinion and commenls by the attest auditor lin audit planning Audit Planning: Annually, the Internal Audit Division ;hall submit to senior management, the Audit Committee, and the City Council. a sumulary ofthe audit work plan and budget for the following fiscal year. "rhe audit work plan is to be developed based on a prioritization of audit tasks using arisk-based methodology. Any significant devialion from the formally approved work plan shall be communicated to senior management, lite Audit Committee, and the City Council through periodic activity i eports FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION the University of Arkansas, to be selected by the Chancellor or the Chancellors designee. (Ord_ 5511, 7-3-12. Ord. 5564. 02-05-13) 33.362 Terms Of Office Members appointed by the City Council shall serve a two (2) year term, Members appointed by the Mayor, with the exception of the City Council member appointed by the Mayor, shall serve at the pleasure of the Mayor. Members appointed from the University of Arkansas shall serve for such period as to be determined by the University. (Ord. 5511, 7-3-12) 33.363 Officers And Quorum At the first regularly scheduled Committee meeting of each calendar year, the members of the Committee shall elect from among themselves a Chairperson and a Secretary, who shall operate as Vice -Chair, A majority of the whole number of members shall constitute a quorum to conduct business, and a majority vote of those present shall be sufficient to approve or deny any matter before the Committee. (Ord. 5511. 7-3-12) 33.364 Meetings The Town and Gown Advisory Committee shall meet at least once per quarter to conduct regular business, at a time and place that is mutually convenient to the membership- The Town and Gown Advisory Committee may meet more frequently if needed. (Ord. 5511, 7-3-12) 33.365-33.369 Reserved ARTICLE XXV AUDIT COMMITTEE AND INTERNAL AUDITOR 33.370 Establishment and Purpose The Audit Committee which was established by Resolution No. 134-00 remains established pursuant to this Article. Its purpose remains to serve in an advisory capacity between the City Council, the independent auditor, the Internal Auditor and City Administration concerning financial accounting and reporting, audit functions, internal controls and compliance with governmental regulations. The Audit Committee shall ensure the independence of the independent auditor, the ability and responsibility of CD33:34 the Internal Auditor to report any concerns about finances or accounting to the Audit Committee, Administration and City Council, the integrity of the Administration and the adequacy of public disclosures. The Audit Committee shall, in conjunction with the external auditors, review the City's financial reports and information, the City's system of internal financial and accounting controls, and the City's compliance with governmental laws and regulations regarding financial matters. (Ord. 5522, 9-4-12) 33.371 Composition and Term The Audit Committee shall include one City Council member appointed by the Mayor and three citizens of Fayetteville, at least one of which shall be a Certified Public Accountant. The three citizens shall serve three year terms of office. (Ord. 5522, 9-4-12) 33.372 Meetings The Audit Committee shall meet at least three times annually, one of which must be with the independent auditor, Internal Auditor, and Administration to discuss the independent auditor's report and findings following its audit of the City. (Ord. 5522, 9-4-12) 33.373 Responsibilities and Duties To fulfill its responsibilities and duties the Audit Committee shall: (A) Review the Charter periodically and update as conditions dictate; (t3) Serve on the review committee to select the independent auditors. On an annual basis, the committee should review and discuss with the auditors all significant relationships the auditors have with the City to determine the auditor's independence, The annual independence review should include a review of all non -audit related consulting fees for nature of services and effect on independence: a review of any and all relationships between members of the audit firm and employees of the City; the obtaining of a formal written statement from the auditors as to their compliance with professional guidelines relating to independence; and discussion with the auditors regarding the firm's own internal controls over monitoring independence, FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION (C) Review the City's annual financial statements and related financial information, including any certification, report, opinion, or review rendered by the independent auditors and any changes in accounting principles or the application thereof; (D) Review the performance of the independent auditors. Annually, clarify with the independent auditors that the auditors are ultimately accountable to the City Council and that the City Council has ultimate power in the appointment or removal of the independent auditors; (E) Periodically consult with the independent auditors, outside the presence of management, regarding internal controls and the completeness and accuracy of the organization's financial statements and related disclosures; (F) In conjunction with the external auditors, review with financial and accounting personnel and the Internal Auditor the adequacy and effectiveness of the accounting and financial controls of the City, including controls over data processing activities and functions. Approve recommendations for the improvement of such internal control procedures; (G) Establish regular reporting to the Audit Committee by management, the Internal Auditor and the independent auditors regarding any significant judgments made in financial management's preparation of the financial statements and the view of each to the appropriateness of such judgments; and (H) Following completion of the annual audit, review with management and the independent auditors financial statements and supplemental disclosures required by generally accepted accounting principles,- (1) rinciples; (1) The City's Comprehensive Annual Financial Report, including the financial statements and supplemental disclosures required by generally accepted accounting principles; (2) Significant transactions not a normal part of the City's operations; (3) Selection of, and changes, it any, during the year in the City's accounting principles or their application, (4) Significant adjustments proposed by the CD33:35 independent auditors conclusions regarding the reasonableness of those estimates; (5) Any disagreements between the independent auditor and management about matters that could be significant to the City's financial statements or the auditor's report; (f) Difficulties encountered in performances of the audit; (7) Evaluate the cooperation received by the independent auditor during its audit including its access to all requested records, data and information. Also, elicit the comments of management regarding the responsiveness of the independent auditor to the City's needs. Inquire as to whether there have been any disagreements with management that, if not satisfactorily resolved, would have caused the independent auditor to issue a nonstandard report on the City's financial statements_ (1) Advise the City Council on any issues reported by the Internal Auditor and recommendations to improve or correct any situations brought to the Committee's attention by the Internal Auditor; (J) Perform any other activities consistent with the City's governing law, as the City Council deems necessary or appropriate. (Ord. 5522, 9-4-12) 33.374 internal Auditor The City of Fayetteville Internal Audit Division Charter (attached) is approved and adopted. Any amendments to such Charter must be approved by the Audit Committee with the revised Charter provided to the City Clerk. The desire and intent of the City Council is that the, Internal Auditor shall report directly to the City Council if the Internal Auditor believes any audit: financial or accounting issue is not being properly and timely addressed by the Audit Committee, independent auditor or administration, (Ord. 5522, 9-4-12) 33.375-33.379 Reserved RECEIVED NORTHWESTARKANSAS APR B 7 2016 CITY FAYETTEVILLE*t1lazefte CLRKOC !?GC � 'PAX: 479.695 1119, e -%-`v t' .N 1,1NA G,' 1 AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord 5862 Was inserted in the Regular Edition on: April 14, 2016 Publ'cation Charges $115.70 n l Cathy Wiles Subscribed and sworn to before me This 25day oft"j`ff►1 2016. A�N% A t Notary Public My Commission Expires 7 fZ 12-,!S- ASHLEY Z� ASHLEY DAVIS Arkansas - Washington County Notary Public - Comm# 12694247 My Commission Expires Jul 2, 2025 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5862 File Number: 2016-0130 INTERNAL AUDIT DIVISION CHARTER: AN ORDINANCE TO AMEND CHAPTER' 33 OF THE FAYETTEVILLE CODE TO RENUMBER THE SECTIONS OF ARTICLE XXV AUDIT COMMITTEE AND INTERNAL AUDITOR AND RESERVE SECTIONS 33.365 THROUGH 33.369 AND 33.375 THROUGH 33.379 FOR FUTURE USE, AND TO APPROVE AN AMENDMENT TO THE INTERNAL AUDIT DIVISION CHARTER REDUCING THE NUMBER OF REQUIRED ANNUAL MEETINGS FROM FOUR TO THREE TO BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY CODE WHEREAS, Chapter 33 of the Fayetteville City Code should be amended to renumber the sections of Article XXV Audit Committee and Internal Auditor, and to reserve sections 33.365-33.369 and sections 33.375-33.379 for future use; and WHEREAS, the Internal Audit Division Charter should be amended to reduce the number of required annual meetings from four to three in order to be consistent with the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the numbering of the sections of Article XXV Audit Committee and Internal Auditor of the Fayetteville City Code from §§ 33.365 through 33.369 to §§ 33.370 through 33.374, and further reserves §§ 33.365 through 33.369 and §§ 33.375 through 33.379 for future use. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to the Internal Audit Division Charter reducing the number of annual meetings of the Audit Committee from four to three in order to be consistent with the City Code. PASSED and APPROVED on 4/5/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73655684 April 14, 2016