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necroped
F L I N T O I D
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quote:
FlintConservative schreef:
State of Michigan requires local units of government with population of 4,000 or more to have an annual audit.
OK. What are the penalties for failure to comply with city charter, other than being subject to recall? Does the Michigan statute say who must order the audit? Could the mayor order an audit to comply with state law? |
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Sun Nov 18, 2007 8:14 am |
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FlintConservative
F L I N T O I D
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quote:
necroped schreef:
quote:
FlintConservative schreef:
State of Michigan requires local units of government with population of 4,000 or more to have an annual audit.
OK. What are the penalties for failure to comply with city charter, other than being subject to recall? Does the Michigan statute say who must order the audit? Could the mayor order an audit to comply with state law?
State doesn't care who orders it. Failure to comply results first in loss of State Revenue Sharing and ultimately, I would assume, legal action to force the issue. |
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Sun Nov 18, 2007 8:52 am |
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last time here
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i understand the mayor cannot order the audit. it has to come from
city council per the city charter.. it's very possible council will delay so (in their minds) they will embarrass the mayor. if that happens i would hope the mayor buys a large ad and explains exactly what council is doing..
is this correct terry? |
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Sun Nov 18, 2007 12:45 pm |
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necroped
F L I N T O I D
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quote:
00SL2 schreef:
Sec. 3-404 CITY AUDITOR, APPOINTMENT AND TENURE.
The City Council shall appoint such person or persons as shall be necessary to certify an audit of the accounts of the City. Such person or firm shall serve at the pleasure of the Council. The vote to appoint, remove or compensate an Auditor or Auditors, and the vote to have a special audit, shall not be subject to review by the Mayor.
The way I read the above it looks like Council's decision to appoint an auditor is not subject to
review
of the mayor. If, however, the Council fails to act and an audit is required by state law, is there anything that says the mayor cannot order an independent audit on his/her own? I'm not a lawyer but if it's required by state law it seems like that might constitute an "emergency expenditure." |
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Sun Nov 18, 2007 1:26 pm |
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last time here
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hmmmmmmmmmmm..interesting indeed!!!!!!!
thats a great question... |
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Sun Nov 18, 2007 5:28 pm |
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00SL2
F L I N T O I D
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I believe Plante-Moran does the audit for city council. |
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Sun Nov 18, 2007 5:57 pm |
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Josh Freeman
F L I N T O I D
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quote:
necroped schreef:
quote:
00SL2 schreef:
Sec. 3-404 CITY AUDITOR, APPOINTMENT AND TENURE.
The City Council shall appoint such person or persons as shall be necessary to certify an audit of the accounts of the City. Such person or firm shall serve at the pleasure of the Council. The vote to appoint, remove or compensate an Auditor or Auditors, and the vote to have a special audit, shall not be subject to review by the Mayor.
The way I read the above it looks like Council's decision to appoint an auditor is not subject to
review
of the mayor. If, however, the Council fails to act and an audit is required by state law, is there anything that says the mayor cannot order an independent audit on his/her own? I'm not a lawyer but if it's required by state law it seems like that might constitute an "emergency expenditure."
I believe that the way the Charter is written..."The City Council shall" means that it is the sole responsiblity of the City Council and the Mayor has no "jurisdication" (for lack of a better word) in this matter. That being said... no matter what the Council thinks of the budget (I too believe there is no valid budget) they should have engaged an auditor a long time ago. There is no way that the audit can be done in this time frame. I believe there are provisions for notifying the State that it will not be done on time. IF you recall in the past, audits were sometimes 3-4-5 months late for several years in a row and the State took no action to stop revenue sharing... In fact, the State sent in Fred Headen and crew from Treasury to come and inspect the books to ensure that everything was okie dokie.. do you remember the press conference that they held saying that the City was on the right track... It wasn't until shortly after the recall that the State stepped in and declared a Financial emergency. |
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Sun Nov 18, 2007 7:59 pm |
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last time here
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damn....
OOSL2 was right!! why wait!! |
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Sun Nov 18, 2007 9:26 pm |
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