Bill 202 – Municipal Government Amendment Act (Municipal Auditor General) Recommendation: That Administration make a submission, based on the July 7, 2009, Deputy City Manager’s Office report 2009DCM048, to the Standing Committee on Community Services of the Legislative Assembly of Alberta. Report Summary The report offers an overview of Bill 202 – Municipal Government Amendment Act (Municipal Auditor General), and recommends key points to be included in a City of Edmonton submission to the Standing Committee on Community Services of the Legislative Assembly of Alberta. Report Bill 202 Overview Bill 202 – a Private Members Bill sponsored by MLA Art Johnston – would establish a Municipal Auditor General, reporting to the Minister of Municipal Affairs. The Municipal Auditor General's powers and duties would include: conducting random audits of municipalities making recommendations to municipalities respecting their financial statements and any system or program related to their disbursement of public money making recommendations to the Minister regarding municipalities’ annual financial statements and financial information returns performing additional duties and functions that are conferred by the regulations or that are assigned by the Minister The stated aims and purported benefits of this Private Members Bill, as outlined in the Alberta Legislature by the Bill’s sponsor, are as follows: Bill 202 would: “create a mechanism for Albertans to determine whether they are receiving fair value for their business and property taxes” ensure “the recommendations from the municipal auditor general would be made available to the public as soon as possible” The City of Edmonton is invited to make a written submission on this Bill to the Standing Committee on Community Services of the Legislative Assembly of Alberta by July 31, 2009. Analysis As outlined in Attachment 1, the City of Edmonton’s internal audit process, led by the Office of the City Auditor, already has a duty to ensure that: Edmontonians receive value for their business and property taxes, by evaluating the efficiency and effectiveness of City operations City Auditor recommendations for change to City processes or programs are publicly disclosed City Auditor recommendations to Council’s Audit Committee are made ROUTING – City Council | DELEGATION – J. Tustian/B. Hlus WRITTEN BY – M. WIspinski | July 7, 2009 – Deputy City Manager’s Office 2009DCM048 Page 1 of 3 E 1 1 Bill 202 – Municipal Government Amendment Act (Municipal Auditor General) within the parameters set out in the Municipal Government Act (MGA). to interfere with or diminish municipal autonomy. City of Edmonton Administration processes for reporting to the Province meet provincial requirements under the MGA. Public disclosure of City Council’s operating and capital investment decisions effectively reinforce the transparency of the City’s use of taxpayer dollars. Finally, Bill 202 does not address whether implementation will result in new or added costs for municipalities to align their current audit functions with new reporting or auditing processes or to comply with Municipal Auditor General recommendations for changes to City programs or services. The City of Edmonton would not support paying for costs arising from the adoption of this legislation. Bill 202 is silent on how a Municipal Auditor General would add value to – or impact – municipalities with a welldeveloped internal and external audit function, such as the City of Edmonton. It is also silent on whether or how new Municipal Auditor General reporting requirements would be aligned with existing national financial statement reporting standards as established through the Public Sector Accounting Board, and independent external audit reporting processes also set nationally by the Canadian Institute of Chartered Accountants. National comparability is important for financial benchmarking across municipalities. It is not clear whether or how this legislation would impact the City’s nonfinancial performance measurement. The creation of a Municipal Auditor General through Bill 202, therefore, may duplicate what are already accountable and transparent City of Edmonton auditing and reporting processes. Establishing a new Municipal Auditor General position – which would have the power to oversee City of Edmonton business and, by extension, the decisions of Council – has the potential Page 2 of 3 Submission Summary The observations outlined above – with respect to duplication, municipal autonomy and costs of implementation – will form the substance of the City’s submission. The submission will also include Attachment 1 – Overview of City of Edmonton’s Audit Function – as an attachment and will indicate that the City would be prepared to make a verbal presentation if the Standing Committee made such a request. Bill 202 Consultation & Submission Process In March 2009, Bill 202 – Municipal Government Amendment Act (Municipal Auditor General), 2009 received first reading in the Legislative Assembly of Alberta and was referred to the Standing Committee on Community Services. On June 26, the City of Edmonton received formal notice that the Standing Committee on Community Services is inviting written submissions on this Private Members Bill, to be received by the Committee no later than July 31, 2009. Bill 202 – Municipal Government Amendment Act (Municipal Auditor General) The Committee may invite specific groups and individuals making written submissions to appear before the committee to make an oral presentation. Administration will work with the Mayor’s Office to finalize the City submission – and, if requested by the Standing Committee on Community Services, an oral presentation – based on City Council’s approval of the substance of this report. Legal Implications Under sections 280 and 281 of the MGA, a municipality must appoint one or more auditors to report to Council on the annual financial statements and financial information returns of the City. This function is performed by the External Auditor, and will not change with Bill 202. In addition to the external auditor, the City has created the Office of the City Auditor to provide an internal audit function. The Office conducts audits and investigations to strengthen municipal operations and address opportunities for improvement. The City of Edmonton also has an Audit Committee comprised of Councillors and citizens, one of whom must have an accounting designation. The proposed duties of the Municipal Auditor General under Bill 202 duplicate many of the functions of the City's auditing structure. Focus Area Ensure Edmonton’s Financial Stability Page 3 of 3 Justification of Recommendation Bill 202 appears to duplicate, rather than add value to, the City’s auditing function and it may diminish municipal autonomy. Attachments 1. Overview of City of Edmonton’s Internal Audit Function 2. Bill 202 – Municipal Government Amendment Act (Municipal Auditor General), 2009 Others Reviewing this Report A. B. Maurer, City Manager D. Wiun, City Auditor D. H. Edey, General Manager, Corporate Services Department Attachment 1 Overview of City of Edmonton’s Internal Audit Function To support the Province of Alberta’s review of Bill 202: Municipal Government (Municipal Auditor General) Amendment Act, 2009, the City of Edmonton submits the following information indicating how its internal audit function (the Office of the City Auditor) serves the citizens of Edmonton. City Auditor a Designated Officer Pursuant to section 203 of the Municipal Government Act, Edmonton’s City Council in 2000 proactively established the City Auditor position as a designated officer for the purpose of internal auditing. The City Auditor’s powers, duties and functions are detailed in City of Edmonton Bylaw 12424, City Auditor Bylaw. The City Auditor is independent of City Administration and is accountable to City Council through Audit Committee for the exercise of all powers, duties and functions delegated to the City Auditor. The City Auditor Bylaw (Bylaw) provides the necessary authority to conduct audits and investigations of any City operation. The Bylaw also ensures that the City Auditor has unrestricted access to all information that is required during the conduct of any project and to all City-owned and/or operated facilities. The Bylaw ensures the City Auditor’s recommendations are acted upon by requiring the City Manager to submit action plans to strengthen municipal operations and address any opportunities for improvement. The City Auditor provides periodic reports to the Audit Committee on the Administration’s progress toward implementing all outstanding recommendations. The City Auditor follows the International Standards for the Professional Practice of Internal Auditing. These standards are the internationally accepted criteria by which the operations of internal audit departments around the world are evaluated and measured. The Bylaw requires that an external peer review be conducted of the City Auditor’s practice at least once every five years. The City Auditor’s practices were confirmed to comply with the standards in 2006. Audits identified independently and prioritized by risk Each year, the City Auditor independently evaluates potential audit projects in light of the level of risk that they pose to the City. From that evaluation, the City Auditor develops an Annual Work Plan that is presented to Audit Committee for input and feedback, then to City Council for approval. Items can be added to the City Auditor’s Annual Work Plan independently by the City Auditor or by City Council as a whole. Audit process risk based Because audit resources are scarce, the City Auditor utilizes a risk-based evaluation process to ensure audits are focused on the highest risks faced by the area under review. The City Auditor completes an objective assessment of each selected business unit or process to focus the audit on the areas having the greatest potential to positively impact City services. Page 1 of 3 Report: 2009DCM048 Attachment 1 Attachment 1 The City Auditor provides audit services for all City operations. These services are varied and wide-reaching from full comprehensive audits of City operating areas to very specific investigations of fraud or misconduct. The City has the right to audit all financial and related records associated with contracts with organizations that provide services to the City and organizations that receive grants or tax supported funding to support their operations. Comprehensive audits (also called value-for-money audits) assess the efficiency and effectiveness of a business unit and determine whether citizens receive best value for their tax dollar. These audits also evaluate compliance against legislated requirements or City policies, directives or procedures to assess whether the established system of internal controls is operating effectively. Whenever possible, the City Auditor benchmarks Edmonton’s performance against other cities to promote the sharing and utilization of best practices to improve municipal services. The City Auditor also provides proactive control-related advice to the City Administration to support the identification and implementation of sound internal controls as new processes and systems are being designed. The City Auditor is also responsible for the operation of the City’s fraud and misconduct hotline and ensures that all hotline reports are reviewed and investigated as appropriate. Being independent, the City Auditor provides City staff with an additional channel to report suspected incidences of fraud or misconduct. The City Auditor provides periodic reports on hotline activity to the City’s Audit Committee and City Council. Public accountability and transparency assured The City of Edmonton is responsible to provide its citizens with appropriate services in a cost-effective manner. The activities of the City Auditor enhance accountability through open and transparent practices. The City Auditor maintains a webpage on the City of Edmonton’s public website to provide citizens with in-depth analysis of the City’s practices. The City Auditor posts the Annual Workplan on his webpage so citizens know the audits proposed for the upcoming year. As the audits are completed, the reports are distributed to all members of City Council, Audit Committee and the Administration and are made available to the public on the City Auditor’s webpage. Presentations of the reports are made at public Audit Committee/City Council meetings. As stated earlier, these reports include the Administration’s action plans to address City Auditor recommendations to improve City operations. City Council’s Audit Committee is also responsible to review and analyze the City’s financial statements and make recommendations to City Council regarding the External Auditor’s audited financial statements as well as the appointment, reappointment, or dismissal of the external auditor. These reviews and recommendations to City Council are also conducted in public meetings to reinforce the transparency and accountability for the City’s financial reporting. Page 2 of 3 Report: 2009DCM048 Attachment 1 Attachment 1 The City of Edmonton modified Bylaw 12300, Procedures and Committees Bylaw, in 2009 to enhance its Audit Committee by adding two external members, one of which is required to have financial expertise. Council recently appointed these two members and both of them have significant financial expertise and audit committee experience. Public accountability exists in Edmonton The City of Edmonton believes that its current structure in which the City Auditor is independent of the Administration and reports to City Council through Audit Committee provides the City with an even higher degree of oversight, accountability, and transparency than that envisioned in the proposed legislation. The City of Edmonton is already providing its citizens with open and transparent evaluations of the effectiveness and efficiency of City operations through the auspices of the Office of the City Auditor. In summary, the City of Edmonton believes that its existing internal audit structure goes well beyond the goals of the proposed legislation. The City of Edmonton encourages the Government to recognize Edmonton’s proactive position as it considers Bill 202: Municipal Government (Municipal Auditor General) Amendment Act, 2009. Page 3 of 3 Report: 2009DCM048 Attachment 1 Attachment 2 Bill 202 – Municipal Government Amendment Act (Municipal Auditor General), 2009 Page 1 of 6 Report: 2009DCM048 Attachment 2 Attachment 2 Page 2 of 6 Report: 2009DCM048 Attachment 2 Attachment 2 Page 3 of 6 Report: 2009DCM048 Attachment 2 Attachment 2 Page 4 of 6 Report: 2009DCM048 Attachment 2 Attachment 2 Page 5 of 6 Report: 2009DCM048 Attachment 2 Attachment 2 Page 6 of 6 Report: 2009DCM048 Attachment 2
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