04-09-2009 Charter Packet - Laserfiche WebLink

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March 31, 2009 Dear Commissioners, The following are excerpts from the State Auditor's website. The complete page can be seen at: http://www.osa.state.mn.us/default.as p x?page=repo rtingfinancialconcerns. Thanks, Commissioner Mike Trehus Reporting Financial Concerns to the Office of the State Auditor What type of financial concern will the OSA review? Each year, the OSA receives about 1,000 questions and concerns about local government finances, including reports of possible misuse of public resources. The Legal/Special Investigations Division of the OSA considers whether a financial concern about a local government involves a violation of a state law, rule or an accounting standard. Common issues include concerns about competitive bidding, conflict of interest and the possible theft of public funds or property. The Office of the State Auditor cannot get involved in matters that are in litigation. What are possible results of an OSA review? • Referral to the appropriate agency or entity with jurisdiction; • Answer provided to a general financial question; • Review conducted during the next financial audit; • Review conducted and recommendations forwarded orally or in writing to the local government; • Proceed with a formal investigation and issue a final report; • Decline review because issue is outside the authority of the OSA or because a determination has been made that a review is not warranted. Does the OSA grant confidentiality and access to review files? The identity of local government employees and officials reporting a possible theft of public funds or property to the OSA in accordance with Minn. Stat. § 609.456 is considered not public information. In addition, information provided to the OSA during a review or investigation is considered not public information while the review or investigative process is taking place. An OSA review file becomes accessible to the public when the review or investigation is completed and allowed by law. However, certain information within a completed review file may still be considered not public information. See, for example, Minnesota Statute § 6.715 ("Data that could reasonably be used to determine the identity of an individual supplying data pursuant to section 609.456 are private."); see also Minnesota Statute § 13.43 (personnel data), Minnesota Statute § 13.35 (federal contracts data), and Minnesota Statute §§ 13.462, 13.46 (benefit data or welfare data). The not public information will not be accessible to the public.