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157331 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 M M M ORDINANCE NO. 15,733 AN ORDINANCE REQUIRING COMPLIANCE WITH CITY FISCAL POLICIES BY ORGANIZATIONS RECEIVING SUBSIDY, GRANT, OR LOAN FUNDING FROM THE CITY OF LITTLE ROCK, OR USING THE CITY'S NAME FOR BOND FINANCING. WHEREAS, concerns have been expressed by the Board of Directors regarding the financial condition of organizations which receive subsidy, grant, loan funding, or bond financing through use of the City's name which may not be readily apparent from a review of their respective annual reports; and WHEREAS, it is the desire of the Board of Directors to standardize the process of this review. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1: GENERAL APPLICABILITY: A. These policies shall pertain to Authorities, Agencies, Commissions, and Boards created under the auspices of the City of Little Rock Board of Directors which receive City funds in the form of subsidies, grants, or loans. B. The fiscal policies shall also apply to organizations other than those identified in "A" which receive subsidy, grant or loan funding from the City of Little Rock. Provided, however, such organizations need only apply the policies to specific fund amounts provided by the City if said amounts are separately accounted for, audited, and held on deposit. C. Any organization whatsoever wishing to borrow funds through the use of debt instruments bearing the name of the City of Little Rock shall comply with Section 5 -C hereof. D. organizations covered by these policies are herein referred to as a "Covered Entities." 1 SI 0 -39 e -� M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • • 281 SECTION 2: RESPONSIBILITY FOR COMPLIANCE: A. Responsibility for compliance with these policies lies with the Covered Entity, and related costs will be borne by the Covered Entity. B. Tests for compliance are to be included in an annual audit by a certified public accountant, and a statement relative to compliance shall be included in the Annual Financial Report provided provided to the City Manager whithin 90 days of the organization's fiscal year end. C. Subsequent to review by the City Manager or his designee, the report is to be filed with the City Clerk. D. Failure to comply with this policy will serve as the City Manager's authority to cease payment of City funds to the Covered Entity. SECTION 3: FINANCIAL OPERATIONS: A. Purchasing 1. Each Covered Entity shall be responsible for executing its own purchase transactions. It shall, however, use the latest edition of the City of Little Rock Purchasing Manual as a procedural guide. Strict compliance with City purchasing policies and procedures shall be at the option of the Covered Entity. 2. Covered Entities shall.have access to City of Little Rock Purchasing Division bid information. Vendors will be encouraged to extend the City's pricing to Covered Entities where doing so will not increase the cost to the City. B. Accounts Payable 1. All vendor invoices, except those for which documentation indicates vendors know are being disputed, are to be paid within 30 days of receipt. Failure of the organization to comply with this provision shall be brought to the attention of the City Manager in writing within 40 days of invoice receipt. C. Payroll 1. The Covered Entity shall establish a list of employee pay dates prior to the beginning of each fiscal year. Payments to employees are to be made in accordance with this schedule. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 0 282 2. All withholdings from employees, and the employer's portion of payroll taxes, insurance premiums, and other related costs shall be paid to the respective beneficiary by the date stipulated by law or agreed agreed to by contract with the beneficiary. 3. Any failure to comply with this section shall be made known to the City Manager in writing within ten days after a payment due date. D. Cash Handling 1. Internal control procedures over cash shall be documented, and include separation of duties and monthly reconciliations of cash accounts to to bank balances. Bank and impress (petty cash) reconciliations shall be completed within 15 days of each month end. E. Asset Inventory 1. Operating inventories shall be subject to an annual audit and reconciliation to the organization's records. Material shortages shall shall be investigated and explained. 2. Fixed assets having a life expectancy greater than one year, and unit value in excess of $300 shall be itemized in the organization's records and subjected to annual audit. The records shall reflect the reasons for all eliminations or transfers. SECTION 4: ANNUAL BUDGET A. Every Covered Entity must prepare an annual budget for its operations, which must be affirmed budget for its operations, which must be affirmed and adopted by its governing board or commission prior to the beginning of the applicable fiscal year. B. The annual financial report required by Section 6 -B will include a comparison of actual results to budget as supplemental information. SECTION 5: DEBT MANAGEMENT (BORROWING) A. All short and long -term borrowings of the organization are to be paid as agreed. Failure to comply with this provision shall be brought to the attention of the City Manager in writing within ten days after the due date. 0 0 283 1 B. Funding from the City of Little Rock is not to be 2 pledged as collateral for short or long -term debt without prior 3 written approval of the City Manager. 4 C. No borrowing, including bond issues, shall be undertaken 5 in the City of Little Rock's name without the City Manager's 6 review of an independently prepared feasibility analysis. A 7 recommendation based on this analysis will then be provided to the 8 City Board of Directors. 9 SECTION 6: ANNUAL INDEPENDENT AUDIT 10 A. All funds covered by this fiscal policy shall be audited 11 annually by a firm of certified public accountants. Examinations 12 shall be made in accordance with generally accepted auditing 13 standards, and shall include such tests of accounting records and 14 internal procedures as the independent auditor considers necessary 15 in the circumstances. 16 B. An Annual Financial Report shall be prepared and 17 submitted to the City of Little Rock. This report shall contain 18 the written opinion of the independent auditors regarding the 19 fairness of the financial position presented by Balance Sheet, 20 Statement of Revenues and Expenditures, and Statement of Changes 21 in Financial Position contained in the report, and the 22 organization's conformity with generally accepted accounting 23 principles applied on a basis consistent with that of the 24 preceding year. The report shall also include an independent 25 auditor's statement relative to substantial compliance with this 26 City's policy. 27 SECTION 7: INTERIM FINANCIAL REPORTS 28 A. Unaudited monthly financial reports on the Covered 29 Entities operations shall be submitted to the City Manager within 30 30 days of the end of a calendar quarter. These shall include in 31 generally accepted form: 32 1. Income Statement 33 2. Statement of Financial Position (Balance Sheet) 34 3. Comparison of actual revenue and expense versus 35 Budget for the current period and year -to- date.. 36 B. Each interim report shall contain a statement signed by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 the covered entity's Chief Executive officer and Governing Body Chairperson attesting to compliance with these policies. SECTION 8: This ordinance shall take effect commencing with the Covered Entity's fiscal year beginning on or after October 1, 1989. PASSED: August 15, 1989 ATTEST: On A4 CI CLERK JA E CZECH , CITY ATTORNEY 5 284 APPROVED: I W—/� &�� VICE MAYOR SHARON PRIEST