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HomeMy WebLinkAboutOther Auditor Reports 12/31/2006CITY OF LINO LAKES, MINNESOTA OTHER AUDITOR REPORTS YEAR ENDED DECEMBER 31, 2006 CITY OF LINO LAKES, MINNESOTA TABLE OF CONTENTS DECEMBER 31, 2006 Page Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Governmental Auditing Standards 1 -2 •- Report on Minnesota Legal Compliance 3 Other Required Auditor Communications 4 -6 Management Letter 7 -11 New Accounting and Reporting Standards 12 — New Auditing Standards 15 Vow LarssnAlleni CPAs, Consultants & Advisors www.larsonallen.com REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Council City of Lino Lakes, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Lino Lakes, Minnesota as of and for the year ended December 31, 2006, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 30, 2007. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City's intemal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide an opinion on the internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's intemal control over financial reporting. Our consideration of the intemal control over financial reporting was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in intemal control over financial reporting that might be significant deficiencies or material weaknesses. However, as discussed below, we identified a certain deficiency in intemal control over financial reporting that we consider to be a material weakness. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the City's ability to initiate, authorize, record, process, or report financial data reliably in accordance with U.S. generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the City's financial statements that is more than inconsequential will not be prevented or detected by the City's intemal control over financial reporting. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the City's intemal control. INTERNATIONAL (1) LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. During the course of the audit, we identified and proposed journal entries related to the year -end close- out process. The absence of a complete control procedure or process in this area is considered a material weakness because the potential exists that a material misstatement of the financial statements could occur and not be prevented or detected by the Citys intemal control processes Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Govemment Auditing Standards. We noted certain other matters that were reported to the management of the City in a separate letter dated May 30, 2007. This report is intended solely for the information and use of the City Council, Finance Committee, management, the Office of the State Auditor, and federal awarding agencies and pass- through entities and is not intended to be and should not be used byanyone other than these specified parties. Austin, Minnesota May 30, 2007 (2) iow , lli✓ L G/ LarsonAllen, LLP Mow LarsonAlleri CPAs, Consultants & Advisors www.larsonallen.com REPORT ON MINNESOTA LEGAL COMPLIANCE Honorable Mayor and Members of the City Council City of Lino Lakes, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Lino Lakes, Minnesota as of and for the year ended December 31, 2006, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 30, 2007. We conducted our audit in accordance with U.S. generally accepted auditing standards, the standards applicable to financial audits contained in Governmental Auditing standards, issued by the Comptroller General of the United States, and the provisions of the Minnesota Legal Compliance Audit Guide for Local Govemment, promulgated by the State Auditor pursuant to Minnesota Statute 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Govemment covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing. Our study included all of the listed categories. The results of our tests indicate that, with respect to the items tested, the City of Lino Lakes, Minnesota complied with the material terms and conditions of applicable legal provisions. This report is intended solely for the use of the City of Lino Lakes, Minnesota, the Office of the State Auditor, and other state agencies, and is not intended to be and should not be used by anyone other than these specified parties. Austin, Minnesota May 30, 2007 Itt. A INTERNATIONAL LarsonAllen, LLP (3) LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. INIME IMMO Nam Lars•nAllen CPAs, Consultants & Advisors www.larsonallen.com OTHER REQUIRED AUDITOR COMMUNICATIONS Honorable Mayor and Members of the City Council City of Lino Lakes, Minnesota Dear Committee Members: We have audited the financial statements of the governmental activities, business -type activities, each major fund, and the aggregate remaining fund information of the City of Lino Lakes, Minnesota for the year ended December 31, 2006, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 30, 2007. Professional standards require that we provide you with the following information related to our audit. Our Responsibility Under U.S. Generally Accepted Auditing Standards and Government Auditing Standards As stated in our engagement letter dated January 4, 2007, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement and are fairly presented in accordance with U.S. generally accepted accounting principles. Because an audit is designed to provide reasonable, but not absolute assurance and because we did not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. As part of our audit, we considered the intemal control of the City of Lino Lakes. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such intemal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Other Information in Documents Containing Audited Financial Statements Our responsibility for other information in documents containing the City of Lino Lakes financial statements, including the supplementary information, does not extend beyond the information identified in our report on the financial statements, and we have no professional responsibility to perform audit procedures on such other information. INTERNATIONAL (4) LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. Significant Accounting Policies Management is responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City of Lino Lakes are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2006. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Estimated useful lives of depreciable capital assets - Management's estimate of useful lives for depreciable assets is based on guidance recommended by authoritative accounting literature and past experiences. The useful life of a depreciable asset determines the amount of depreciation that will be recorded in any given reporting period as well as the amount of accumulated depreciation that is reported at the end of a reporting period. Estimated year -end valuation of investments at fair value — Management's estimate of the fair value of investments is based on published market values at December 31, 2006. Estimated current portion of compensated absences payable — Management's estimate of the amount of the year -end compensated absences payable balance to be taken by employees within one year of December 31, 2006 is based on historical trends and anticipated leave time activity. We evaluated the key factors and assumptions used to develop the above estimates in determining that it is reasonable in relation to the financial statements taken as a whole. Audit Adjustments For purposes of this letter, professional standards define an audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except through our auditing procedures. An audit adjustment may or may not indicate matters that could have a significant effect on the City's financial reporting process (that is, cause future financial statements to be materially misstated). We proposed audit adjustments during the course of our audit that were material to the financial statements. In our judgment, the adjustments we proposed, whether recorded or unrecorded by the City, either individually or in the aggregate, indicate matters that could have a significant effect on the City's financial reporting process. Management did not identify and we did not notify them of any uncorrected financial statement misstatements. (5) Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Citys financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Difficulties Encountered in Performing the Audit Ono We encountered no significant difficulties in dealing with management in performing our audit. This report is intended solely for the use of the Finance Committee, City Council, and management of the City of Lino Lakes and is not intended to be, and should not be used by anyone other than these specified parties. IMME Austin, Minnesota May 30, 2007 IIMEm (6) LGr LarsonAllen, LLP ONE IMES IME Lars•nAllen CPAs, Consultants & Advisors www.larsonallen.com Honorable Mayor and Members of the City Council City of Lino Lakes, Minnesota In planning and performing our audit of the financial statements of the City of Lino Lakes, Minnesota as of and for the year ended December 31, 2006, in accordance with auditing standards generally accepted in the United States of America, we considered the City's internal control over financial reporting (intemal control) as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's intemal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in intemal control that might be significant deficiencies or material weaknesses. In addition, because of inherent limitations in intemal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discussed below, we identified one deficiency in intemal control that we consider to be material weaknesses. A new audit standard, Statement on Auditing Standards 112 (SAS 112), Communicating Internal Control Matters Identified in an Audit, is effective this year and states that "a control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis." The standard further states, "a significant deficiency is a control deficiency, or a combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's intemal control." The new standard (SAS 112) further states that, "a material weakness is a significant deficiency, or a combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control." — Material Audit Adjustments - Internal Control over the Financial Reporting Process Management is responsible for establishing and maintaining intemal controls, including monitoring, and for the fair presentation in the financial statements in accordance with U.S. generally accepted accounting principles. Management is also responsible for the accuracy and completeness of all financial records and related information. Their responsibilities include adjusting the financial statements to correct material misstatements. (7) LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. INTERNATIONAL As part of the audit, we proposed the following entries: - Reclassify bond proceeds in the Water Fund. Reclassify refunding debt service expenditures. Adjust accrued interest payable in the Water Fund. To record a delinquent special assessment receivable and offsetting deferred revenue. To reclassify new bond issue costs and record 2006 amortization of bond issue costs in the Water Fund. To adjust net assets classification, Invested in Capital Assets Net of Related Debt in the business -type funds. The above entries relate to internal controls over the year -end close -out process. The absence of a complete control procedure or process in this area is considered a material weakness because the potential exists that a material misstatement of the financial statements could occur and not be prevented or detected by the Citys intemal control processes. During the course of our audit, several items came to our attention that we feel could be addressed by the City of Lino Lakes to more efficiently run the City's operations or improve its intemal controls. We herein submit the following suggestions to the City of Lino Lakes for their consideration. Auditor Comments: Capital Proiect Deficits The financial statements for the capital project funds are presented in Statements 3, 5, 12 and 13 of the 2006 Annual Financial Report. As of December 31, 2006, three of the capital project funds have deficit fund balances equaling a combined deficit of $783,556. This compares to five capital project funds with a combined deficit fund balance of $859,840 as of December 31, 2005. We would like to recognize the significant improvements made related to fund balance deficits over the past three years. Of the three remaining funds with a deficit, one is very typical for any city operating a TIF fund (TIF 1 -11), one is simply a timing difference between expenditures and the related MSA funding source (CSAG 14/8 Reconstruction Project), and the last has specifically been addressed by the Council and a plan is being implemented to reduce the deficit over the near future (Dedicated Parks). SAC Revolvin The SAC Revolving Fund was established in 1990 to account for a refund from the MCES (formerly MWCC) of past SAC charges which were paid by residents that had not hooked up to the sewer system. A summary of financial activity of this fund is as follows: Revenue SAC refund Investment earnings Total revenue Expenditures: Refunds Prior Years 2006 Total $ 368,816 $ $ 368,816 263,155 15,657 278,812 631,971 15,657 647,628 $ 259,994 $ 334,244 594,238 Fund balance - December 31, 2006 $ 53,390 (8) Vow During 2006, the City Council approved a policy to return SAC plus interest to all affected property owners. Those property owners that have access to City sewer service may retum the refund to the City provided they connect by December 31, 2007. The City will pay the SAC charge for those property owners. Any such property owner not connected by the end of 2007 shall be refunded the unused SAC plus interest after December 31, 2007. The SAC liability will be entirely abated by December 31, 2007. Area and Unit Charge Fund On January 11, 1988, the City Council approved Resolution 1 -88, which established the Area and Unit Charge Fund for the City. The purpose of this fund is to collect various area and unit charges to be used to meet debt payments. Before October 1 of each year, the City estimates the required transfer needed to meet debt payments for the subsequent year. In December, these estimated amounts are transferred to the various debt funds. We recommend that the City continue to closely monitor actual versus projected area and unit assessment collections to assure that debt payment requirements will be met. Designations of balances required for debt service is necessary to define discretionary construction balances available to the City. The financing plan for the following bond issues have pledged area and unit charges for the repayment of debt service: • Improvement and Utility Bonds of 2004A • Improvement Refunding Bonds of 1999A (Paid off in full during 2006) • Water Revenue Bonds of 1999B • Water Revenue Bonds of 1996B The Improvement and Utility Bonds of 2004A have future debt service requirements (principal and interest) totaling $1,633,469. During 2006, a transfer of $359,680 was made to the Improvement Refunding Bonds of 1999A debt service fund. _ The Water Revenue Bonds of 1999B and 1996B have future debt service requirements totaling $230,971 and $2,272,716 (principal and interest), respectively. The City annually transfers amounts from the Area and Unit Charge Fund to the Water Fund sufficient to help cover the debt services of these bonds. During 2006, a transfer of $299,725 was made to the Water Fund. It is the City's intention to repay the Water Revenue Bonds of 1999B and 1996B with revenues of the Water Fund. If revenues are not sufficient to meet the debt requirements, funds will be transferred from the Area and Unit Charge Fund. MEM MEM In addition to the transfers above, the Area and Unit Charge Fund transferred $121,000 to the Improvement Refunding Bonds of 2003A Fund and $333,265 to the Improvement Bonds of 1998A for debt service requirements. DEBT SERVICE FUNDS Debt service funds are a type of governmental fund used to account for the accumulation of resources for the payment of principal and interest on general obligation debt (other than enterprise fund debt). Debt service funds may have one or a combination of revenue sources pledged to retire debt including property taxes, tax increments, special assessments and area and unit charges. (9) The diverse nature of the type of debt included in the same fund type requires careful analysis to determine the adequacy of the fund balance and projected fund balance. The following schedule extracts information from Exhibits 2 and 3 of the 2006 Annual Financial Report to assist in this analysis. The following schedule compares outstanding debt with assets pledged for debt retirement. This comparison provides a means to judge (at least on a preliminary basis) the financial position of each individual debt service fund. December 31, 2006 Deferred Total Remaining Over Fund Deferred Tax Resources Debt Service (Under) Fund Description Balance Revenue Total Levies Available Scheduled Funded General Debt: Certificates of Indebtedness Lease Revenue Bonds of 1998A Public Project Revenue Bonds 1999C Tax Abatement Bonds 2006C Utility Revenue Bonds 2006D CIP Refunding Bonds 2006E Special Assessment Debt: Improvement Bonds of 2002A Improvement Bonds of 2002B Improvement Bonds of 2003A Improvement Bonds of 20038 Improvement Bonds of 2004A Improvement Bonds of 2005A Refunding Imp. Bonds of 2005B $ 99,567 $ 4,681 $ 104,248 $ 552,798 $ 657,046 $ 526,474 $ 130,572 429,172 5,424 434,596 495,057 929,653 942,093 (12,440) 342,770 2,062 344,832 334,079 678,911 422,689 256,222 70,926 70,926 3,826,438 3,897,364 3,712,810 184,554 51,608 141,334 192,942 192,942 716,286 (523,344) 50,549 50,549 4,094,370 4,144,919 3,929,300 215,619 $ 1,044,592 $ 153,501 $ 1,198,093 $ 9,302,742 $ 10,500,835 $ 10,249,652 $ 251,183 $ 434,031 $ 111,656 1,162,501 543,741 29,734 241,834 97,665 46,936 303,496 374,909 585,551 5,117,834 335,382 385,560 $ 2,948,360 $ 6,822,470 $ $ 545,687 $ 42,698 $ 1,706,242 - 271,568 144,601 174,417 678,405 1,766,686 5,703,385 7,987,338 720,942 4,253,617 588,385 1,706,242 271,568 319,018 2,445,091 13,690,723 4,974,559 $ 387,334 $ 201,051 1,891,316 (185,074) 1,439,384 (1,167,816) 275,077 43,941 1,633,469 811,622 7,940,409 5,750,314 4,514,408 460,151 9,770,830 $ 14,224,756 $ 23,995,586 $ 18,081,397 $ 5,914,189 Note: Deferred revenue in the above table does not include the future scheduled "interest portion" of the adopted assessment rolls. The 2004A Improvement Bonds also include a pledge from the Area and Unit Fund that has not been included above. The above table provides a means for the monitoring the status of the debt service funds. For the General Debt funded solely by property taxes, it appears that there are adequate planned levies to retire the debt when the future lease revenues scheduled to be received from the school district are included. While in total the City has a surplus of total resources available over remaining scheduled debt service based on the calculation above, certain individual funds are operating at a deficit. These deficits will need to be funded by future adopted assessment rolls, special assessment levies, investment earnings, transfers from other funds, property taxes or other available means. Factors to consider when analyzing debt service funds: • Are all the anticipated assessment rolls being adopted as soon as appropriate? • Have all the planned financing sources been identified, such as pledged amounts from the area and unit fund or future MSA funds? • Are there significant "prepayments" received from property owners? In the current investment environment, will the earnings the City will receive on these prepayments be lower than the interest rate that was being charged on the adopted assessment roll? The Area & Unit Fund is committed to the debt service of some special assessment bonds as well as toward the water revenue bonds. The City's five -year operating plan addresses the above issues and therefore, this comment is simplya reminder of the extent that repayment of certain debt is based on pledged sources from the Area and Unit fund. (10) Budget Appropriations Each year the City adopts an annual budget for the general fund. Each department receives an appropriation based upon detailed budget estimates for individual expenditure accounts. Department heads have the ability to transfer appropriations within a department. This can be helpful and improves — flexibility in meeting department needs as they change during the year. However, such a policy can lead to unnecessary or unauthorized expenditures. For example, equipment purchases. We suggest the City review this policy and consider adding controls on the amounts that can be transferred within a department without bringing it to the City Council for approval. These controls could include dollar limits, restrictions on the types of purchases or getting the approval of someone in — administration. WENS lam Developer Escrow Accounts The City maintains an Agency Fund to account for the activity related to developer escrows. It is our understanding that developers deposit an escrow prior to a project beginning and that certain costs may be applied against this escrow. We noted that there are several escrow accounts that carry a "negative" balance (which represents an additional receivable balance from the developer) or have remained idle from the prior year. Efforts were made during 2006 by the City to reconcile negative and idle accounts with the related developers. We recommend that the City continue this process. Conclusion — We welcome the opportunity to discuss the points mentioned in this letter or any other accounting and procedural issues in order to coordinate our efforts with you, the mutual objective being the development of more effective accounting procedures for the City. We understand that some of the — aforementioned points are in the process of implementation or may already have been implemented; however, these points are noted so that effective follow -up can be accomplished. We sincerely appreciate all the courtesies and cooperation extended to us by you and the staff of the — City, and thank you for the opportunity to be of service to you. We look forward to working with you in the future. Imo ■ This report is intended solely for the use of the Finance Committee, City Council, and management of the City of Lino Lakes and is not intended to be, and should not be used by anyone other than these specified parties. Austin, Minnesota May 30, 2007 Aer--400 1414' LarsonAllen, LLP New Accounting and Reporting Standards Economic Condition Reporting – The Statistical Section (GASB Statements No. 44) This statement is effective for periods beginning after June 15, 2005 and therefore, was implemented by the City for the year ended December 31, 2006. The provisions of this statement significantly changed the content and presentation of the information in the statistical section of the City's Comprehensive Annual Financial Report (CAFR). Other Post - Employment Benefits (GASB Statements No. 45) In the past, most governmental employers offering post employment benefits accounted for them on a pay -as- you -go basis. However, the Governmental Accounting Standards Board (GASB), in July 2004, issued Statement No. 45, Accounting and Financial Reporting by Employers for Post employment Benefits Other Than Pensions, which will make the pay -as- you -go accounting for these benefits a "thing of the past ". Why the change in position by the GASB, you ask? The answer is less than nebulous— frequency of occurrence, significance, and disparity. Post employment benefits have become more prevalent in the governmental arena as a means of attracting and retaining talented employees, as a result of legislation, or a combination of the two. Post employment benefits may also comprise a significant cost to the employer, especially if the benefits involve providing healthcare coverage after separation from active employment. Further, these benefits represent a form of compensation, the cost of which should be recognized over the period of time that an employee earns the benefit. Disparity in practice developed as some governmental employers simply followed the pay -as- you -go accounting whereas others opted to report an accrual -basis liability on their financial statements by following the provision of Financial Accounting Standards Board Statement No. 106, Employers' Accounting for Postretirement Benefits Other Than Pensions, which applies to the private sector. Several bridges must be crossed on the path to adopting GASB Statement No. 45. First, the other post employment benefits or "OPEB" benefits must be identified. Simply speaking, OPEB benefits under the context of the new GASB standard are in essence any type of benefit provided to an employee over a period of time after their separation from service, not necessarily retirement, and obviously not limited to healthcare benefits. Another important aspect is determining the "substantive plan ". The substantive plan is the employers' and the employees' mutual understanding of the OPEB benefit, not necessarily what is written down. In fact, the OPEB plan may not have been previously written down at all! Then one must determine whether the substantive plan is a defined contribution plan or a defined benefit plan: • a defined contribution OPEB plan, under GASB Statement No. 45, is "....plan having terms that (a) provide an individual account for each plan member and (b) specify how contributions to an active plan member's account are to be determined, rather than the income or other benefits the member or his or her beneficiaries are to receive at or after separation from employment." This is similar to a 401(k) plan or a 403(b) plan. (12) Now Other Post - Employment Benefits (GASB Statements No. 45) (Continued) • conversely, a defined benefit OPEB plan is one "...having terms that specify the benefits to be provided at or after separation from employment. These benefits may be specified in dollars (for example, a flat dollar payment or an amount based on one or more factors such as age, years of service and compensation), or as a type or level of coverage (for example, prescription drugs or a percentage of healthcare insurance premiums)." The third step is determining the OPEB liability. The OPEB liability for a defined contribution is simply the unpaid contractually required payment, similar to an unpaid invoice. On the other hand, the OPEB liability for a defined benefit pension plan is the cumulative unpaid or unfunded annual required contribution or "ARC ", which will require an actuarial analysis. For a defined benefit OPEB plan, the manner of funding the OPEB liability is an important consideration. Under the new GASB standard, an OPEB liability will only be considered as funded to the extent that assets are transferred to an irrevocable trust for the specific benefit of plan members (i.e. covered employees) and their beneficiaries. Assets held in an irrevocable trust can be reported in fiduciary financial statements and thus excluded from the employers' government -wide financial statements. Employer assets that are simply "earmarked" to provide for OPEB benefits but that could otherwise be re- directed to other uses are not considered by the GASB as funding of the OPEB liability. Therefore, these earmarked assets continue to be reported in the government -wide financial statements. Said another way, if the intended assets are not held in an irrevocable trust, the OPEB plan is considered unfunded. Recognizing the complexity of the new requirement, the GASB allowed for a phased -in implementation depending on the employers' size. For instance, the effective date for implementing the OPEB standard is for the first fiscal year beginning after December 15, 2006, 2007 or 2008 depending on whether an employer was a phase 1, 2, or 3 implementer of GASB Statement No. 34, respectively. Based on this schedule, implementation for the City would be required for the year ended December 31, 2008. Given the time allowed before the required implementation dates, there are some important actions and considerations that employers should initiate. First, the employer will need to understand the substantive plan, and would be far the wiser to get it in writing as a formal plan agreement. Qualified and reputable attomeys may need to be engaged for this task. Second, if the OPEB benefit is structured as a defined benefit plan, as opposed to a defined contribution plan, the employer in all likelihood will need to engage an independent actuary to measure the liability. Once the attomeys and the actuaries are engaged, the employer would be wise to study several ad -hoc scenarios —for example, changing assumptions for contribution rates, discount rates, demographics of the covered employee group, duration of coverage, prospective vs. retroactive implementation, etc. —and evaluate the effects on their financial statements. While Statement No. 34 was the most significant accounting standard to be issued by the GASB in the last 20 years, Statement No. 45 is a close second. However, the GASB has allowed a generous amount of time before the required implementation date. Use it wsely! Net Assets Restricted by Enabling Legislation (GASB Statements No. 46) This statement is effective for periods beginning after June 15, 2005 and therefore, was implemented by the City for the year ended December 31, 2006. The provisions of this statement require that limitations on the use of net assets imposed by enabling legislation be reported as restricted net assets. (13) Accounting for Termination Benefits (GASB Statements No. 47) The Governmental Accounting Standards Board (GASB) has issued Statement No. 47, Accounting for Termination Benefits, to provide accounting guidance for state and local governmental employers regarding benefits (such as early- retirement incentives and severance benefits) provided to employees that are terminated. Statement No. 47 requires recognition of the cost of involuntary termination benefits in the period in which a government becomes obligated to provide benefits to terminated employees, which is not necessarily the same period as when the benefits are actually provided. The Statement requires recognition of the cost of voluntary termination benefits when the termination offer is accepted. The Statement provides an exception to the general recognition requirements for termination benefits that affect defined benefit post employment benefits, such as pensions or retiree healthcare. Those termination benefits should be accounted for in the same manner as defined benefit pensions or other post employment benefits, although any increase in an actuarial accrued liability associated with a termination benefit is required to be separately disclosed. The Statement also elaborates on how to measure the cost of termination benefits and requires disclosure of information about termination benefit arrangements, including a description of the plan and the cost of the benefits. Statement No. 47 is effective for financial statements for periods beginning after June 15, 2005. However, for termination benefits that affect defined benefit post employment benefits other than pensions, governments should implement Statement No. 47 simultaneously with Statement No. 45, Accounting and Financial Reporting by Employers for Post employment Benefits Other Than Pensions. Sales and Pledges of Receivables and Future Revenues and Intra - Entity Transfers of Assets and Future Revenues (GASB Statements No. 48) This statement is effective for periods beginning after December 15, 2006 and therefore, is applicable to the City for the year ended December 31, 2007. This statement clarifies accounting treatment for transactions involving the exchange of an interest in expected receivable or future revenue collections for immediate cash payments. Accounting and Financial Reporting for Pollution Remediation Obligations (GASB Statements No. 49) This statement is effective for periods beginning after December 15, 2007 and therefore, is applicable to the City for the year ended December 31, 2008. GASB Statement No. 49 requires governments to measure and report liabilities and expenditures resulting from pollution remediation obligations. The new standard is applicable to all pollution remediation except as associated with the following: Environmental obligations associated with landfills which are already covered under GASB Statement No. 18: Accounting for Municipal Solid Waste Landfill Closure and Post - closure Care Costs. Future pollution remediation activities that are required when an asset is retired except for newly retired assets where no liability has previously been recognized. Asset impairments which are already covered under GASB Statement No. 42: Accounting and Financial Reporting for Impairment of Capital Assets and for Insurance Recoveries. Any pollution prevention costs, fines, penalties, or any other non - remediation expenditures. Accounting for any environmental non - exchange transactions. (14) VEIN Imo Accounting and Financial Reporting for Pollution Remediation Obligations (GASB Statements No. 49) (Continued) Expenditure recognition or asset capitalization occurs when one of the following five obligating events takes place: The government is compelled to take pollution remediation action because of an imminent endangerment. The government violates a pollution prevention related permit or license. The government is named, or evidence indicates that it will be named, by a regulator as a responsible party or potentially responsible party for remediation, or as a government responsible for sharing costs. The government is named, or evidence indicates that it will be named, in a lawsuit to compel participation in pollution remediation. The government commences or legally obligates itself to commence pollution remediation. Costs of remediation should be accrued for all components (legal fees, site investigation costs, etc.) of the obligation that are reasonably estimable. The standard outlines a method for recording a liability based on estimated future remediation payments (expected cash flow technique = sum of all probability weighted amounts in a range of possible estimated amounts). The liability should be reduced by any estimated insurance or other recoveries that are not yet realized or realizable. An asset should be reported separately for any known insurance or other recoveries that are already realized or realizable. If liability recognition is necessary, it is required to be recorded at current value versus estimated future inflating factors for such criteria as unknown technologies, laws or regulations. This liability amount is carried forward unchanged until one of the five benchmarks occurs, there is a change in the remediation plan, or there is a change in operating conditions. Additional footnote disclosures accompanying recognition of a liability include explaining the nature and source of the remediation obligation as well as the methods and assumptions used to estimate the liability. (15) NEW AUDITING STANDARDS There are two key new auditing standards that became effective for periods ending after December 15, 2006 and therefore, were applicable to this year's audit. All public accounting firms must comply with these standards, as issued by the American Institute of CPAs, when performing audits. Several of the requirements contained in these new standards significantly impacts the manner in which your audit is conducted and, potentially, on its costs and findings. In an effort to serve you better and continue to gain efficiency and understanding in the audit process, we have outlined some of the changes and their impact on your audit. STATEMENT OF AUDITING STANDARDS (SAS) 103: AUDIT DOCUMENTATION This standard addresses the format and content of the auditors' workpapers, documentation procedures and results. While you may not see these changes yourself, they will affect the time and effort we must put into your audit. You can help mitigate the effect of this standard on your organization with up -front planning and communications. • First, the standard tells us that: `The auditor's report should not be dated earlier than the date on which the auditor has obtained sufficient appropriate audit evidence to support the opinion." On the surface, this requirement does not seem much different from existing requirements; however, it has practical implications. A delay between the end of audit fieldwork and approval of draft financial statements can result in a change in the report date and require additional audit steps, such as updating attomey letters, reviewing additional board minutes and interim financial statements, extending subsequent receipts and disbursements testing, etc. for the intervening period. These additional steps would also be required if a significant adjustment were to be made to the financial statements, or information required in the footnotes were to be provided, after the initial fieldwork date. Specific Impact: The audit report date we used for the 2005 audit under the old standards was March 24, 2006, or essentially the last day of our on -site fieldwork. Under the new standard, the 2006 audit report date is May 30, 2007. The impact on the audit is a requirement to update certain procedures through this additional two months period between our March fieldwork and audit report date. • Second, we must now "lock down" audit files within 60 days of the issuance of the audit report. This will make workpapers inaccessible for changes. Practically, this means that late management responses can also cause the report date to change when they are incorporated into Single Audit findings or management letter comments, with similar implications for additional audit procedures and billings. The audit documentation requirements of SAS 103 may reinforce the common perception that auditors ask the same questions and make the same requests multiple times over the course of an annual audit engagement. The purpose of follow -up requests, however, are designed to affirm representations and ensure the completeness of the audit evidence documentation though our report date. SAS 103 encourages the auditor to corroborate oral representations by client management. Auditors will obtain audit evidence through inquiries of additional personnel and /or written documentation. Therefore, accessibility and responsiveness of all staff to auditor inquiries will be necessary to have an efficient audit. Corroborating information often resides outside the accounting office. For example, information obtained through direct inquiry of non - finance office personnel. Avoiding the effect of additional audit fees, the disruption associated with additional audit procedures and further report delays that may result due to lack of audit staff available to perform the unanticipated procedures requires clear communication of changes in audit circumstances and meeting schedules to all parties (auditor, management and audit committee)well in advance of audit wrap -up. (16) MERE SAS 112: COMMUNICATING INTERNAL CONTROL RELATED MATTERS NOTED IN THE AUDIT This standard includes new language and definitions with which you will need to become familiar. The standard replaces "reportable conditions" and "management points" with new terms as follows: • Control Deficiency — "A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis." • Significant Deficiency — "A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process or report financial data reliably in accordance with GAAP such that there is more than a remote likelihood that a misstatement of the entity's financial statements, that is more than inconsequential, will not be prevented or detected by the entity's intemal control." In other words, judging the impact of control deficiencies, singularly or collectively, could rise to such a level that, in the auditor's judgment, possible misstatements could occur in the financial statements. • Material Weakness — "A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's intemal control." In other words, depending upon the qualitative analysis of the significant deficiencies above on the financial statements, as well as the number of such items encountered, any or all of the above could rise to the level of material weakness. You will note that these new definitions are broader and more inclusive than the previous "reportable conditions" and "material weakness" that were reported to you under SAS 60. Additionally, and perhaps most importantly to you, our communication of significant deficiencies and material weaknesses must be in writing. Verbal communications of deficiencies will not be acceptable. This means, these items must be included in our "management letter" (formerly SAS 60 report), which state agencies and other constituents often request. Nothing in the new standards precludes the auditor from orally communicating additional items that he /she believes to be of potential benefit to management, such as recommendations for operational or administrative efficiency or improvement in internal controls. If management responses are included in a management letter, we will add a disclaimer according to the appropriateness or accuracy of the response. Remember, auditor awareness of control deficiencies varies with each audit and is influenced by the nature, timing, and extent of audit procedures performed, as well as other factors from one year to the next. Therefore, taking corrective action for all of one year's findings does not guarantee that new exceptions will not present themselves the following year, even though financial procedures and controls may not have changed. (17)