HomeMy WebLinkAboutAudit Advisory Committee ReportMEMORANDUM
TO: Pedro H. Hernandez, Chief Administrator/City Manager
City of Miami
FROM: Stanley Foodman, CPA, Chairperson, Appointed by Commissioner Marc
Sarnoff
Ignacio J. Abella, CPA, Vice -Chairperson, Appointed by Commissioner
Angel Gonzalez
Sharon Lassar, Ph.D., CPA, Appointed by Commissioner Thomas Regalado
Carol Gardner, CPA , Appointed by Commissioner Michelle Spence -Jones
Vacant Position, Appointment to be made by Commissioner Joe Sanchez
Date: January 7, 2009.
Subject: Audit Advisory Committee Report pursuant to City
Code Section 2-890.
EXECUTIVE SUMMARY
The purpose of this memorandum is to provide information pursuant to Section 2-890 of
the City Code. We would also like to take this opportunity to make a few
recommendations based on observations we have made over the past year.
Recommendations:
• In light of the internal control deficiencies disclosed in the internal and external
audit reports relative to untimely filling of material amounts of grant
reimbursements and lack of centralized grant management system citywide, we
recommend that the City management consider creating a position high enough in
the City's organization chart with sufficient authority to coordinate grant
reimbursements and management citywide. The incumbent in this position will
supervise and provide training to all grant Managers in the different departments
to ensure proper compliance with grant provisions. This effort will enhance
compliance and cash flow and funding to the City through timely filling of
reimbursements.
Pedro H. Hernandez, City Manager
January 12, 2009
Page 2 of 7 •
• Additionally, we recommend that all vacant key positions in the Finance
Department be filled expeditiously and continuing education and training
particularly in oracle and other financial accounting processes be enhanced.
• The Committee recommends that appointments to fill vacant positions on the
Committee be made promptly. Timely appointments will enable the Committee
muster the required quorum for its meetings. This Committee currently has one
vacant position.
Is the Committee serving the purpose for which it was created?
The Audit Advisory Committee was created to assist the Mayor, the City Commission,
and the City Manager in their fiduciary responsibilities relative to accounting, auditing,
and financial reporting.
During the calendar year 2008, the Committee held eight (8) monthly meetings. The
Committee did not meet during the August recess and three (3) other months due to
difficulty in mustering the required quorum. At the monthly meetings that were held, it
discussed several issues as noted below:
(1) At the meeting of January 11, 2008, the Committee discussed how the Audit Committee
can participate in the future selection of the City's external auditor, as stipulated in
Section 2-950 of the City Code. Said City Code stipulates that the Audit Advisory
Committee should be responsible for recommending the external auditor to the City
Commission for approval. Among the issues discussed included but were not limited to
(a) the current procedures for procuring external audit services, (b) the last request for
proposal (RFP) that was issued for external audit services, (c) the written contracts
relative to the Rachlin Cohen & Holtz (Rachlin's) and the MaGladrey & Pullen, LLP
(MaGladrey) audit engagements, (d) and the related Professional Service Agreements for
Pedro H. Hernandez, City Manager
January 12, 2009
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Rachlin and MaGladrey. The next procurement of external auditors will be in the year
2011 and whatever procedures the Committee agreed upon will be provided to the
Procurement and Finance departments and used for all future procurements. The
members agreed that a representative from the Procurement Department will be invited to
all future meetings to participate in the discussions relating to the Audit Committee's
involvement/participation in the future selection of the City's external auditor.
(2) The Committee met with the representatives of the external auditor (MaGladrey &
Pullen, LLP) on February 1, 2008 before the commencement of its fieldwork and
discussed how the following issues will be addressed/handled during the audit field work:
(a) The auditor's responsibilities under generally accepted auditing standards; (b)
Significant findings from the audit; (c) The auditor's views about qualitative aspects of
the City's significant accounting practices, including accounting policies, accounting
estimates, and financial statement disclosures; (d) How significant difficulties, if any,
encountered during the audit filed work will be handled; (e) Uncorrected misstatements
by management, other than those the auditor believe are trivial; (f) Disagreements with
management, if any; (g) Material, corrected misstatements that were brought to the
attention of management as a result of audit procedures; (h) Management's consultations
with other accountants; and (i) Significant issues, if any, arising from the audit that were
discussed, or the subject of correspondence with management.
(3) In accordance with the provisions of Section 2-946(1) and (2) .of the City Code, the
Committee met with representative of the City's external auditor (MaGladrey & Pullen,
LLP) during its meetings of on March 05, 2008, May 05, 2008 and July 03, 2008 and
discussed the progress and the issues being encounter by the external auditor in its
ongoing audit of the City's Comprehensive Annual Financial Report for the fiscal year
ended September 30, 2007. The issues discussed at these meetings included but were not
limited to (a) the number of adjusting journal entries being proposed and the underlining
Pedro H. Hernandez, City Manager
January 12, 2009
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reasons necessitating those proposals; (b) the possibility of restating City's financial
statements in connection with the grant monies (approximately $14 million) that were
incorrectly recognized as revenue during prior year; (c) accrual/capitalization of
construction in process expenditures totaling at least $9 million for capital improvement
projects; (d) the accounting treatment for the financial settlement with the four (police,
fire, general employee, and solid waste) bargaining units totaling approximately $40
million in fiscal year 2007 that were disbursed in the form of salaries (classified as "retro
pay"); (e) the accounting treatment relative to the City of Miami and the Miami -Dade
County joint agreement that guaranteed a $22 million of United States Housing and
Urban Development (HUD) 105 loan that HUD advanced to Parrot -Jungle (Jungle
Island); (f) the major Federal program (FEMA project/grant) relative to Single Audit that
was never audited/tested as represented by the predecessor auditor.
(4) At the meeting of September 04, 2008, the Committee discussed issues relative to the
allegations made by the City's former Assistant Finance Director pertaining to certain
financial transactions that were provided to the external auditor (MaGladrey & Pullen) in
connection with the City's CAFR for the fiscal year ended September 30, 2007 and the
related written response from the Finance Director. After much discussions and
explanations provided by the Finance Director, the Committee concluded that it was not
necessary for the Committee to take any additional action since the external auditor had
already re-examined the alleged financial transactions and concluded that the original
unqualified opinion that was issued will not be affected. However, the Committee
encouraged the external auditor to confirm its re-examination and conclusions relating to
the alleged financial transactions in writing as requested by the 1AG. The Committee
also recommended that a similar written statement be provided by the City Manager. The
external auditor and the City Manager provided said written assurances.
(5) At the meetings of January 11, 2008, February 1, 2008, March 05, 2008, the Committee
discussed the issues related to the impasse between the City and Rachlin Cohen & Holt
Pedro H. Hernandez, City Manager
January 12, 2009
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(predecessor external auditor) relative to Rachlin's prior year audit working papers,
which Auditing Standards require MaGladrey & Pullen, LLP. (Successor auditor) to
review prior to commencement of its external audit of the City. The issue at stake was
Rachlin's contention for additional fees and its withholding of prior year's audit work
papers. The Committee participated in the resolution of this impasse through discussions
with the Finance Director, MaGladrey, and formal written recommendations to the City
Attorney.
(6) At the meeting of September 09. 2008 and December 12, 2008, the Committee discussed
the amounts reported in the Comprehensive Annual Financial Report and the audit
findings as disclosed in the Management Letter and the Single Audit Report for the audit
of the fiscal year ended September 30, 2007. The discussions included the corrective
actions being taken to correct the deficiencies noted by the external auditors.
In accordance with the provisions of Section 2-946(3) of the City Code, the Committee
has continued to review/discuss issues relative to significant internal control deficiencies
disclosed in internal/external audit reports. Said deficiencies and how they affect
fees/revenues, disbursements, assets and liabilities were frequently discussed, including
recommendations that will mitigate operational/system deficiencies and enhance
efficiency, effectiveness, compliance with related standards, and reduce unnecessary
wastes.
Is the Committee serving current community needs?
The Audit Advisory Committee members are accounting professionals that either do
business in the City or are City residents. The members are neither employed nor
compensated by the City. By providing independent advice and oversight over the City's
overall financial and internal/external audit functions, the Committee, therefore, serves a
useful purpose to the community.
Pedro H. Hernandez, City Manager
January 12, 2009
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What is the Committee's major accomplishment?
As stated above, the Committee routinely discussed issues related to the external audit of
the City's Comprehensive Annual Financial Report, the Single audit, and the significant
internal control deficiencies identified in internal and external audit reports such as
ensuring that vacant position are filled in a timely manner in the Finance Department,
continuing education/training of City employees, and centralization of grant management
for timely filling of reimbursements. Those discussions and how they affect
fees/revenues, disbursements, assets and liabilities also included recommendations that
will mitigate operational/system deficiencies, mitigate unnecessary wastes, and enhance
efficiency, effectiveness, and compliance with related standards and good business
practice.
Is there any other Committee, public or private, which could better serve the
functions of this Committee?
The committee is not aware of any other committee that could better serve the functions
of the Audit Advisory Committee.
Should the Ordinance creating the Committee be amended to better enable the
Committee to serve the purpose for which it was created?
No.
Should the Committee's membership requirements be modified?
The Committee is satisfied with its membership requirements as established by the City
Code
Pedro H. Hernandez, City Manager
January 12, 2009
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The total cost, both direct and indirect costs of maintaining the Committee?
There is no material direct/indirect cost associated with the activities of this Committee.
C: The Honorable Mayor and Members of the City Commission
Victor Igwe, Independent Auditor General
Priscilla A. Thompson, City Clerk
Julie Bru, City Attorney
Robin Jones -Jackson, Assistant City Attorney