§ 159-34. Annual independent audit; rules and regulations.
§ 159‑34. Annual independent audit; rules andregulations.
(a) Each unit of local government and public authority shallhave its accounts audited as soon as possible after the close of each fiscalyear by a certified public accountant or by an accountant certified by theCommission as qualified to audit local government accounts. When specified bythe secretary, the audit shall evaluate the performance of a unit of localgovernment or public authority with regard to compliance with all applicablefederal and State agency regulations. This audit, combined with the audit offinancial accounts, shall be deemed to be the single audit described by the"Federal Single Audit Act of 1984". The auditor shall be selected byand shall report directly to the governing board. The audit contract oragreement shall (i) be in writing, (ii) include the entire entity in the scopeof the audit, except that an audit for purposes other than the annual auditrequired by this section should include an accurate description of the scope ofthe audit, (iii) require that a typewritten or printed report on the audit beprepared as set forth herein, (iv) include all of its terms and conditions, and(v) be submitted to the secretary for his approval as to form, terms,conditions, and compliance with the rules of the Commission. As a minimum, therequired report shall include the financial statements prepared in accordancewith generally accepted accounting principles, all disclosures in the publicinterest required by law, and the auditor's opinion and comments relating tofinancial statements. The audit shall be performed in conformity with generallyaccepted auditing standards. The finance officer shall file a copy of the auditreport with the secretary, and shall submit all bills or claims for audit feesand costs to the secretary for his approval. Before giving his approval thesecretary shall determine that the audit and audit report substantially conformto the requirements of this section. It shall be unlawful for any unit of localgovernment or public authority to pay or permit the payment of such bills orclaims without this approval. Each officer and employee of the local governmentor local public authority having custody of public money or responsibility forkeeping records of public financial or fiscal affairs shall produce all booksand records requested by the auditor and shall divulge such informationrelating to fiscal affairs as he may request. If any member of a governingboard or any other public officer or employee shall conceal, falsify, or refuseto deliver or divulge any books, records, or information, with an attemptthereby to mislead the auditor or impede or interfere with the audit, he isguilty of a Class 1 misdemeanor.
(b) The Local Government Commission has authority to issue rulesand regulations for the purpose of improving the quality of auditing and thequality and comparability of reporting pursuant to this section or any similarsection of the General Statutes. The rules and regulations may consider the needsof the public for adequate information and the performance that the auditor hasdemonstrated in the past, and may be varied according to the size, purpose orfunction of the unit, or any other criteria reasonably related to the purposeor substance of the rules or regulation.
(c) Notwithstanding any other provision of law, except forArticle 5A of Chapter 147 of the General Statutes pertaining to the StateAuditor, all State departments and agencies shall rely upon the single auditaccepted by the secretary as the basis for compliance with applicable federaland State regulations. All State departments and agencies which provide fundsto local governments and public authorities shall provide the Commission withdocuments that the Commission finds are in the prescribed format describingstandards of compliance and suggested audit procedures sufficient to giveadequate direction to independent auditors retained by local governments andpublic authorities to conduct a single audit as required by this section. Thesecretary shall be responsible for the annual distribution of all suchstandards of compliance and suggested audit procedures proposed by Statedepartments and agencies and any amendments thereto. Further, the Commissionwith the cooperation of all affected State departments and agencies shall beresponsible for the following:
(1) Procedures for the timely distribution of compliancestandards developed by State departments and agencies, reviewed and approved bythe Commission to auditors retained by local governments and publicauthorities.
(2) Procedures for the distribution of single audits for localgovernments and public authorities such that they are available to all Statedepartments and agencies which provide funds to local units.
(3) The acceptance of single audits on behalf of all Statedepartments and agencies; provided that, the secretary may subsequently revokesuch acceptance for cause, whereupon affected State departments and agenciesshall no longer rely upon such audit as the basis for compliance withapplicable federal and State regulations. (1971, c. 780, s. 1; 1975, c. 514, s. 15; 1979, c. 402, s. 9; 1981, c.685, ss. 8, 9; 1987, c. 287; 1993, c. 257, s. 20; c. 539, s. 1081; 1994, Ex.Sess., c. 24, s. 14(c); 2001‑160, s. 1.)