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2022-294-Ordinance Recorded 8/12/2022REVIEWED yk- LEGAL COUNSEL Recorded in Deschutes County Steve Dennison, County Clerk Commissioners' Journal FS co 2022-294 CJ2022-294 08/12/2022 4:24:48 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Chapter 2.14, County Internal Auditor and Amending Chapter 2.15, Audit * ORDINANCE NO. 2022-008 Committee of the Deschutes County Code. WHEREAS, the Board of County Commissioners by Deschutes County Code, Chapter 2.14 and Chapter 2.15 codified the County Internal Auditor and Audit Committee roles with the County and the Audit Committee code specifically calls for the periodic review of Chapter 2.14; and WHEREAS, the Audit Committee through a review of Chapters 2.14 and 2.15 developed and recommends the amendments attached in Exhibit A and Exhibit B to Chapter 2.14 and 2.15, respectively; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 2.14 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in Section 2. AMENDMENT. DCC 2.15 is amended to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in PAGE 1 OF 2 - ORDINANCE NO.2022-008 Dated this �� of , 20 Z'Z- ATTEST: R cording )76etary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, air ANTHONY DeBONE, Vice Chair PHIL CHANG, Commissioner Date of I" Reading: day of j i,,, 20 . Date of 2°d Reading: �� day of , 20 Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Phil Chang Patti Adair Effective date: day of At1�t�$�,(, 20 . ATTEST Recording Sec etary PAGE 2 OF 2 - ORDINANCE NO.2022-008 Exhibit A Chapter 2.14. COUNTY INTERNAL AUDITOR 2.14.001 Office of County Internal Audit. 2.14.010. Appointment of County Internal Auditor. 2.14.020. Qualifications of County Internal Auditor. 2.14.030 Authority / Scope of Audits. 2.14.040. Internal Audit Schedule. 2.14.050. Funding. 2.14.060. Access to Employees, Records and Property. 2.14.070. Audit Reporting and Records. 2.14.080. Contract Auditors, Consultants and Experts. 2.14.090. Quality Assurance Review. 2.14.100. Repealed. 2.14.001 Office of County Internal Audit. The Office of County Internal Audit is created and the person holding that office shall act as the head of internal audit for the County. The office consists of the County Internal Auditor and such subordinate employees as the Board of County Commissioners may provide. The purpose of having the Office is to provide independent, objective assurance and consulting services designed to add value and improve Deschutes County's operations through improved performance and enhanced control environment thereby providing greater accountability to its residents. The County Internal Auditor is the Chief Audit Executive for the County and shall perform all day-to-day functions necessary for the administration and management of the Office of County Internal Audit. Such duties include but are not limited to: a) Develops and implements policies and procedures for the Office of County Internal Audit in compliance with the government auditing standards. b) Directing all internal audit activities for the County and is responsible for the most difficult assignments requiring a higher level of responsibility, applying advanced subject knowledge, and exercising significant independent judgement and oversight over staff. c) Advises the Board of County Commissioners, County Administrator, and County department/offices on the continuous improvement of County governance, risk management, and financial control processes. d) Selects, appoints, directs, supervises, disciplines, and dismisses all Office of County Internal Audit staff consistent with County policies and procedures and for the efficient and effective administration of the affairs of the office. This chapter establishes the general authority and responsibility of the Office of County Internal Audit. (Ord. 2022- ; Ord. 2018-007 § 1, Ord 2022-008 § 1) Chapter 2.14 1 (1/13) Exhibit A 2.14.010. Appointment or dismissal of County Internal Auditor. The County Internal Auditor shall be appointed by or dismissed by the County Administrator in consultation with a majority of the public members of the County Audit Committee and an affirming majority vote of the BOCC. (Ord. 2022-_; Ord. 2013-004 §1, 2013; Ord. 2005-014 §1, 2005, Ord 2022-008 §1) 2.14.020. Qualifications of County Internal Auditor. -- ---The County -Internal Auditor shallpossess-adequate- professional ---proficiency, -demonstrated by relevant certification, such as CPA (Certified Public Accountant), CIA (Certified Internal Auditor), CGAP (Certified Government Auditing Professional) or a combination of education and experience as would be desired by the County. (Ord. 2005-014 § 1, 2005) 2.14.025 Independence A. The County Internal Auditor has neither a management nor a policy role; and no operational authority nor responsibility. Rather, the Office of County Internal Audit provides independent and objective information about County programs and services. B. The County Internal Auditor governs the office by adherence to the government auditing standards issued by the Comptroller General of the United States. The office will work to be independent as defined by that framework and shall remain free of influence by any organizational elements. C. The County Internal Auditor reports functionally to the County Audit Committee and administratively to the County Administrator. (Ord2022-008 §1) 2.14.030 Authority / Scope of Audits. 1. The Office of County Internal Audit shall establish internal auditing policies and procedures to assure that audit work is completed in accordance with those standards. Any audit work that is undertaken not in compliance with standards shall be disclosed in the Auditor's report. 2. The Office of County Internal Audit shall have authority to conduct financial, attestation, and performance audits of all departments, offices, boards, activities and agencies of the County in order to independently and objectively determine whether: a. activities and programs being implemented have been authorized by County Code or adopted policy, state law or applicable federal law or regulations; b. activities and programs are being conducted as prescribed by management/governing body to accomplish the objectives intended by County Code, state law or applicable federal law or regulations; c. activities or programs efficiently and effectively serve the purpose intended by County Code, state law or applicable federal law or regulations; d. activities and programs are being conducted and funds expended in compliance with applicable laws; e. revenues are being properly collected, deposited and accounted for; f. resources, including funds, property and personnel, are adequately safeguarded, controlled and used in an effective and efficient manner; g. financial and other reports are being provided that disclose fairly and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities and that is necessary to establish a proper basis for evaluating the programs and activities; h. there are adequate operating and administrative procedures and practices, systems or accounting internal control systems and internal management controls which have been established by management; and Chapter 2.14 2 (1/13) Exhibit A i. there are indications of fraud, abuse or illegal acts, which need further investigation. 3. The Office of County Internal Audit may also provide non -audit services (consulting) that are not covered by governmental auditing standards. Non -audit services differ from audits in that the Office of County Internal Audit may a. Perform tasks requested by management that directly support the entity's operations; b. Provide information or data to a requesting party without providing verification, analysis or evaluation. -.-..—..- ------ --------These -non-audit _services _ should.be_approved_by_the County_.Mministrator,_after _consultation with the Audit Committee. The Office of County Internal Audit should continue to work independently (in fact and appearance) when performing non -audit services. The County Internal Auditor will decide and advise the County Administrator if the non -audit work may jeopardize independence and whether the work should be performed. (Ord. 2005-014 §1, 2005, Ord 2022-008 §1) 2.14.040. Internal Audit Schedule. At the beginning of each calendar (or fiscal) year, the Office of County Internal Audit shall submit a one to five-year audit work schedule to the Audit Committee for approval. This audit work schedule should incorporate information from multiple sources including the Office of County Internal Audit's assessment of significant risks to the organization and input from Management, Audit Committee, and the Board of County Commissioners. The schedule shall include the proposed plan for auditing departments, offices, boards, activities, subcontractors and agencies for the period. The schedule may be amended. Additionally, the County Internal Auditor (for cause) may spontaneously initiate and conduct any other audit deemed necessary. Any significant changes (an expectation of scope of work changing by more or less than 150 hours) to the workplan for audit or non -audit projects should be approved in advance by the County Administrator and the Audit Committee. In the selection of audit areas and audit objectives, the determination of audit scope and the timing of audit work, the Office of County Internal Audit should consult with external auditors so that the desirable audit coverage is provided and audit effort is properly coordinated. (Ord. 2011-004 §1, 2011; Ord. 2005-014 §1, 2005, Ord 2022-008 §1) 2.14.050. Funding. The County shall provide sufficient funds to enable the Office of County Internal Audit to carry out the responsibilities specified herein subject to annual appropriation by the BOCC. (Ord. 2013-004 § 1, 2013; Ord. 2005-014 § 1, 2005, Ord 2022-008 § 1) 2.14.060. Access to Employees, Records and Property. 1. All officers and employees of Deschutes County shall furnish the Office of County Internal Audit with unrestricted access to employees, information and records (including electronic/computerized data) Chapter 2.14 3 (1/13) Exhibit A within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts and methods of business required to conduct an audit or otherwise perform audit duties. In addition, they shall provide access for the Office of County Internal Audit to inspect all property, equipment and facilities within their custody. A discussion of appropriate access should occur with County Counsel if access to documents is restricted by applicable law. Further, all contracts with outside contractors and subcontractors shall provide the Office of County Internal Audit access to the contractually related financial and performance -related records; property, equipment and services purchased in whole, or in part, with governmental funds 3. If such officers, employees or contractors fail to produce the aforementioned access and/or information, the Office of County Internal Audit with the aide of County Legal Counsel may initiate a search (or obtain a subpoena) to obtain exhibit copies (physical or electronic) from computerized systems, book, paper or record of any such official or employee, or outside contractor or subcontractor, in accordance with state law or the applicable contract. 4. Subject to public records laws, the Office of County Internal Audit shall not publicly disclose any information received during an audit that is considered confidential by any local, state or federal law or regulation. The Office of County Internal Audit shall maintain the confidential status of information and records furnished by County officers and employees to the extent allowable under public records laws. (Ord. 2013-004 § 1, 2013; Ord. 2005-014 § 1, 2005, Ord 2022-008 § 1) 2,14.070. Audit Reporting and Records. 1. Each audit will result in a report containing relevant background information and findings and recommendations, and shall communicate results to the Board of County Commissioners, Audit Committee, and appropriate management. Subject to applicable public records laws, the report shall also be available for public examination. If certain pertinent information is prohibited from general disclosure, the audit report should state the nature of the information omitted and the requirement that makes the omission necessary. 2. The Office of County Internal Audit should follow state archive guidelines as appropriate and as identified under OAR 166-150-0005(4) (currently - a retention schedule of 10 years). 3. The Office of County Internal Audit should periodically report to the Audit Committee (and Board of County Commissioners) on the work performed and any significant findings, which have not been fully addressed by management. 4. The Office of County Internal Audit shall follow-up on audit recommendations, as practical, to determine if management is implementing corrective action as identified in their response to the audit report findings and recommendations. The Office of County Internal Audit may request periodic status reports from auditees regarding actions taken to address reported deficiencies and audit recommendations. (Ord. 2011-004 §1, 2011; Ord. 2005-014 §1, 2005, Ord 2022-008 §1) 2.14.80.Contract auditors, consultants and Experts. 1. Within budget limitations and approval by the County Administrator, the Office of County Internal Audit may obtain the services of Certified Public Accountants, qualified management consultants, or other professional experts necessary to perform auditor duties. An audit that is performed by contract must be conducted by persons who are independent of the governmental unit and its officers. The Office Chapter 2.14 4 (1/13) Exhibit A of County Internal Audit will coordinate and monitor auditing performed by public accounting, professional experts, or other organizations employed under contract by Deschutes County. The Office of County Internal Audit may participate with the Audit Committee in the selection of qualified finalists for the provider of Deschutes County's annual financial audit. The Audit Committee shall select a provider from the finalists. This selection shall be presented to the Board of County Commissioners for review and approval. The process will follow Deschutes County's contracting processes. -(Ord 201-1-004--§ 1--201-1; Ord. 2005-014 § 1 2005, Ord 2022-008-§-1) -- -- 2.14.090. Quality Assurance Reviews. 1. The audit activities of the Office of County Internal Audit shall be subject to quality review in accordance with applicable government auditing standards by a professional, non -partisan objective group (such as the Association of Local Government Auditors (ALGA)). A copy of the written report of this independent review shall be furnished to the Audit Committee and the Board of County Commissioners. This report shall be available to the public. 2. The quality control review shall determine compliance with government auditing standards and the quality of the audit effort and reporting, including: a. general standards such as competence, professional judgment, and quality assurance; b. fieldwork standards such as planning, supervision, and evidence; and c. reporting standards such as report content, timeliness and distribution. 3. The County shall reimburse the costs of the quality control review team from funds budgeted in the Office of County Internal Audit's budget. Within available time constraints, members of the Office of County Internal Audit may reciprocate with other organizations by participation in quality control teams. (Ord. 2011-004 §1, 2011; Ord. 2005-014 §1, 2005, Ord 2022-008 §1) 2.14.100. Repealed (Ord. 2013-004 § 1, 2013; Ord. 2011-004 § 1, 2011; Ord. 2005-014 § 1, 2005; Ord 2018-007) Chapter 2.14 5 (1/13) Exhibit B Chapter 2.15. COUNTY AUDIT COMMITTEE 2.15.001 Purpose. 2.15.010 Authority. 2.15.020. Composition. 2.15.030 Meetings. 2.15.040. Responsibilities. 2.15.001 Purpose. The Board of County Commissioners have formed the Audit Committee to advise the Board on fulfilling its responsibilities for financial reporting, internal controls, and compliance with laws, regulations, and ethics within the County. The Audit Committee provides oversight to auditing (external and internal) for the County. The audit committee receives and reviews County information on: • financial condition; • the accuracy of financial record keeping; • compliance with applicable laws, policies, guidelines, and procedures; and • efficiency and effectiveness of operations. The Audit Committee strengthens the independence of auditing by serving as a transparent third -party review body. (Ord. 2018-007 §2) 2.15.010. Authority. A. The Board of County Commissioners ("Board") hereby establishes the Audit Committee as an advisory committee. The committee shall advise the Board and County Administrator on significant audit matters including, but not limited to: 1. The selection, compensation, and removal of external auditors hired to audit the financial statements for the County and its related entities; 2. Consultation with the County Administrator or Board regarding the appointment or dismissal of the County Internal Auditor should include a consultation with a majority of the public members of the audit committee; 3. Increases and decreases to the requested budget for the internal audit program; and 4. The work plan for internal audits performed under DCC 2.14.040. (Ord. 2013-004 § 1, 2013; Ord. 2008-002 § 1, 2008) 2.15.020. Composition. A. The audit committee shall be comprised of not less than seven or more than nine members appointed by the Board. B. Each member shall be appointed to serve a term of two years. Upon initial formation of the committee, the Board may appoint any member to a shorter term. A member may be appointed to more than one term. The Board may remove a member of the committee at any time. In the event of a vacancy on the committee the Board shall, as soon as practicable, appoint a person to serve the unexpired portion of the former member's term. C. The committee shall consist of one (1) member county commissioner, two (2) county department head members, and four (4) to six (6) public members. The County Administrator shall be an ex-officio nonvoting member. D. A public member shall be a registered voter within Deschutes County. The chair of the committee shall be a public member and shall be selected by a majority of the public members. The chair shall serve a one-year term and may be selected for additional terms. If the public members cannot decide upon a chair, the larger committee shall decide. The chair shall preside over meetings, as well as provide input on topics for the agenda. (Ord. 2009-011 § 1, 2009; Ord. 2008-002 § 1, 2008) Chapter 2.15 Exhibit B 2.15.030 Meetings A. The audit committee shall meet as the committee deems necessary. A quorum shall constitute a majority of the members appointed. Vacant positions shall not be considered in determining whether a quorum exists. Minutes shall be prepared in accordance with the Oregon Public Meeting Law. The committee may require certain County management attend meetings to address reports being discussed. Auditee departments will be invited to meetings where their internal audit report is discussed. B. A department head audit committee member shall not vote on an issue relating to an audit directly pertaining to -his or her department.-- Ifthereis anyquestion as to whether audit committee members should recusethemselves- from a vote, the committee should vote to determine whether the member should recuse himself or herself. C. The County Internal Auditor shall facilitate and coordinate such meetings, as well as provide ancillary support to the committee, as time permits. (Ord. 2009-011 §1, 2009; Ord. 2008-002 §1, 2008) 2.15.040. Responsibilities. Responsibilities of the Audit Committee include: A. Overseeing the independent audit of the County's financial statements, including: 1. Overseeing the selection, renewal or removal of the independent external auditor by making a recommendation to the Board for final approval; 2. Meeting with the external auditors during planning of the audit, presentation of the audited financial statements, and discussion of the letter to management on recommendations; and 3. Overseeing the resolution of audit findings in, areas such as internal control, legal and regulatory compliance, and ethics. B. The committee shall work to assure coordination between the internal and external auditors, management, the County Administrator and Board. C. The audit committee shall ensure the Office of County internal audit performs its function. The committee shall: 1. Review the internal audit ordinance (DCC 2.14) at least every other year; 2. Review proposed internal audit work plans and make recommendations concerning internal audit projects; 3. Review the budget and staffing levels of the Office of County Internal Audit (DCC 2.14.050); 4. Review internal audit reports and other communications developed for the County; 5. Review and provide input on Office of County Internal Audit goals; and 6. Review any quality assurance reviews created pursuant to DCC 2.14.090. 7. Discuss and provide input on the County Internal Auditor's performance review each year. D. The committee shall make appropriate recommendations concerning the Office of County Internal Audit based upon the reviews that it conducts pursuant to subsection C of this section. E. The committee shall make an annual report to the Board summarizing the committee's activities and recommendations. The report may be delivered at an audit committee meeting attended by the Board or may be scheduled for a regularly scheduled meeting of the Board. F. The committee shall perform other activities related to this chapter as requested by the Board. (Ord. 2013-004 § 1, 2013; Ord. 2011-004 § 1, 2011; Ord. 2008-002 § 1, 2008, Ord. 2022-008 §2) Chapter 2.15 Exhibit A --- ---- -_... _...—Chapter 2 14. -- -COUNTY- INTERNAL AUDITOR ----- -- -- ---- --- --- -- -------_ _- --_-- .-------------_----- 2.14.001 Office of County Internal AudithtwiHese. 2.14.010. Appointment of County Internal Auditor. 2.14.020. Qualifications of County Internal Auditor. 2.14.025 Independence 2.14.030 Authority / Scope of Audits. 2.14.040. Internal Audit Schedule. 2.14.050. Funding. 2.14.060. Access to Employees, Records and Property. 2.14.070. Audit Reporting and Records. 2.14.080. Contract Auditors, Consultants and Experts. 2.14.090. Quality Assurance Review. 2.14.100. Repealed. 14.001 Office of County Internal Audit ' - - -- Formatted: Font: Bold - --- The Office of County Internal Audit is created and the person holding that office shall act as the head of Formatted: Font: Bold internal audit for the County. The office consists of the County Internal Auditor and such subordinate employees as the Board of County Cormnissioners may provide. The purpose of having the Office a County his to provide independent, objective assurance and consulting services designed to add value and improve Deschutes County's operations tlu•ough improved performance and enhanced control environment thereby providing greater accountability to its residents. t------ Formatted: DCC §, Left, Indent: Left: 0", First line: 0" The County Internal Auditor is the Chief Audit Executive for the County and shall perform all da -thy------- Formatted: DCC §, Left, Indent: First line: 0" functions necessary for the administration and management of the Office of County Internal Audit. Such duties include but are not limited to: a) Develops and implements policies and procedures for the Office of County Internal Audit in compliance------ Formatted: DCC §, Left, Numbered + Level: r + Numbering with the government auditing standards. Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: b) Directing all internal audit activities for the County and is responsible for the most difficult assignments 0.5" + Indent at: 0.75" requiring a higher level of responsibility, applying advanced subject knowledge, and exercising significant independent judgement and oversight over staff. c) Advises the Board of County Commissioners, County Administrator, and County department/offices on the continuous improvement of County governance, risk management, and financial control processes. d) Selects, appoints, directs, supervises, disciplines, and dismisses all Office of County Internal Audit staff consistent with County policies and procedures and for the efficient and effective administration of the affairs of the office. -- Formatted: Font: Bold, Font color: Dark Blue r ---- Formatted: DCC §, Left, Indent: Left: 0", First line: 0" This chapter establishes the general authority and responsibility of the Office of County Internal Audit.. .,- Formatted: DCC §, Left, Indent: First line: 0" (Ord. 2022- ;Ord. 2018-007 § 1, Ord 2022-008 § 1) Formatted: Font: Bald, Font color: Dark Blue Chapter 2.14 1 (1 / 13 ) Exhibit A 2.14.010. Appointment or dismissal of County Internal Auditor. ------ Plte CountyinternalAuditor-shall be -appointed -by -or -dismissed -by the -County -Administrator- in consultation ------------------ ------------------ with a majority of the public members of the County Audit Committee and an affirming majority vote of the BOCC. (Ord. 2022- ;Ord. 2013-004 § 1, 2013; Ord. 2005-014 §1, 2005, Ord 2022-008 §1) 2.14.020. Qualifications of Comity Interval Auditor. The County Internal Auditor shall possess adequate professional proficiency, demonstrated by relevant certification, such as CPA (Certified Public Accountant), CIA (Certified Internal Auditor), CGAP (Certified Government Auditing Professional) or a combination of education and experience as would be desired by the County. (Ord. 2005-014 § 1, 2005) ,2.14.025 Independence -----_ --_-_---_.--- Formatted: Font: Bold A The County Internal Auditor has neither a management nor a policy role• and no operational authoritvt Formatted: Numbered + Level: 1 + Numbering Style: A, B, nor responsibility. Rather, the Office of County Internal Audit provides independent and objective C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + information about County programs and services. Indent at: 0.75" B. The Count Internal Auditor governs the office by adherence to the government auditing standards issued by the Comptroller General of the United States. The office will work to be independent as defined by that framework and shall remain free of influence by any organizational elements. C. The County Internal Auditor reports functionally to the County Audit Committee and administratively to the County Administrator. (Ord 2022-008 § 1) 2.14.030 Authority / Scope of Audits. 1. T44e County interrial Auditor shall eonduct wer& in aeeerdaaec with government audifing standards an count), polieihe Office of County Internal Auditor shall establish internal auditing policies and procedures to assure that audit work is completed in accordance with those standards. Any audit work that is undertaken not in compliance with standards shall be disclosed in the Count), Internal Auditor's report. 2. The Office of County Internal Auditor shall have authority to conduct financial, attestation, and performance audits of all departments, offices, boards, activities and agencies of the County in order to independently and objectively determine whether: a. activities and programs being implemented have been authorized by County Code or adopted policy, state law or applicable federal law or regulations; b. activities and programs are being conducted as prescribed by management/governing body to accomplish the objectives intended by County Code, state law or applicable federal law or regulations; c. activities or programs efficiently and effectively serve the purpose intended by County Code, state law or applicable federal law or regulations; d. activities and programs are being conducted and funds expended in compliance with applicable laws; e. revenues are being properly collected, deposited and accounted for; f. resources, including funds, property and personnel, are adequately safeguarded, controlled and used in an effective and efficient manner; g. financial and other reports are being provided that disclose fairly and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities and that is necessary to establish a proper basis for evaluating the programs and activities; Chapter 2.14 2 (1/13) Exhibit A b. there are adequate operating and administrative procedures and practices, systems or accounting — - - - - -- internal -control -systems -and-internal-management-controls--which-havebeen-established-by-- -- management; and i. there are indications of fraud, abuse or illegal acts, which need further investigation. The Office of County Internal Auditor may also provide non -audit services (consulting) that are not covered by governmental auditing standards. Non -audit services differ from audits in that the Office of County Internal Auditors may a. Perform tasks requested by management that directly support the entity's operations; b. Provide information or data to a requesting party without providing verification, analysis or evaluation. These non -audit services should be approved by the County Administrator, after consultation —with the Audit Committee. The Office of County Internal Auditor should continue to work independently (in fact and appearance) when performing non -audit services. The County Internal Auditor will decide and advise the County Administrator if the non -audit work may jeopardize independence and whether the work should be performed. _The County internal Auditer needs to eonsider diree general elasses of impairnients to independenee personal, extemal, and organizational. If ono, or --move of these impairments aff-@e+ts the County internal Auditor's eapability to perform the werk and r-eport restilts impartially, that County Internal either deeline to perfiDim the woVIE, or in thos@ situations because of a legisla4ive requirement or f;9F @flie reasons, eannot deeline to perforin the work, should diselose the impairment in their repo - The County Intemal Auditer should net perloFffl management f6aefiens of make mariagement deeisiefis. Performing management funetions of making management deeisions might impair the County Internal Mditer's ability, to perform audits ef that of! a related subjeet fflat4er. (Ord. 2005-014 § 1, 2005, Ord 2022-008 § 1) 2.14.040. Internal Audit Schedule. At the beginning of each calendar (or fiscal) year, the Office of County Internal Auditor shall submit a one to five-year audit work schedule to the Audit Committee for approval. This audit work schedule should incorporate information from multiple sources including the Office of County Internal Auditor's assessment of significant risks to the organization and input from Management, Audit Committee, and the Board of County Commissioners. The schedule shall include the proposed plan for auditing departments, offices, boards, activities, subcontractors and agencies for the period. The schedule may be amended. Additionally, the County Internal Auditor (for cause) may spontaneously initiate and conduct any other audit deemed necessary. Any significant changes (an expectation of scope of work changing by more or less than 150 hours) to the workplan for audit or non -audit projects should be approved in advance by the County Administrator and, exeept in eas@sof the Audit Committee. In the selection of audit areas and audit objectives, the determination of audit scope and the timing of audit work, the Office of County Internal Auditor should consult with external auditors so that the desirable audit coverage is provided and audit effort is properly coordinated. (Ord. 2011-004 § 1, 2011; Ord. 2005-014 § 1, 2005, Ord 2022-008 § 1) 2.14.050. Funding. The County shall provide sufficient funds to enable the Office of County Internal Auditor to carry out the responsibilities specified herein subject to annual appropriation by the BOCC. Chapter 2.14 3 (1/13) Exhibit A (Ord. 2013-004 § 1, 2013; Ord. 2005-014 § 1, 2005, Ord 2022-008 §1) 2.14.060. Access to Employees, Records and Property. 1. All officers and employees of Deschutes County shall furnish the Office of County Internal Auditor with unrestricted access to employees, information and records (including electronic/computerized data) within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts and methods of business required to conduct an audit or otherwise perform audit duties. In addition, they shall provide access for the Office of county Internal Auditor to inspect all property, equipment and facilities within their custody. A discussion of appropriate access should occur with County Counsel if access to documents is restricted by applicable law. 2. Further, all contracts with outside contractors and subcontractors shall provide the Office of County Internal Auditor access to the contractually related financial and petformance-related records; property, equipment and services purchased in whole, or in part, with governmental funds 3. If such officers, employees or contractors fail to produce the aforementioned access and/or information, the Office of County Internal Auditor with the aide of County Legal Counsel may initiate a search (or obtain a subpoena) to obtain exhibit copies (physical or electronic) from computerized systems, book, paper or record of any such official or employee, or outside contractor or subcontractor, in accordance with state law or the applicable contract. 4. Subject to public records laws, the Office of County Internal Auditor shall not publicly disclose any information received during an audit that is considered confidential by any local, state or federal law or regulation. The Office of County Internal Auditor shall maintain the confidential status of information and records furnished by County officers and employees to the extent allowable under public records laws. (Ord. 2013-004 § 1, 2013; Ord. 2005-014 § 1, 2005, Ord 2022-008 § 1) 2.14.070. Audit Reporting and Records. 1. Each audit will result in a report containing relevant background information and findings and recommendations, and shall communicate results to the Board of County Commissioners, Audit Cotnnittee, and appropriate management. Subject to applicable public records laws, the report shall also be available for public examination. If certain pertinent information is prohibited from general disclosure, the audit report should state the nature of the information omitted and the requirement that makes the omission necessary. 2. The Office of County Internal Auditor should follow state archive guidelines as appropriate and as identified under OAR 166-150-0005(4) (currently - a retention schedule of 10 years). 3. The Office of County Internal Auditor should periodically report to the Audit Committee (and Board of County Commissioners) on the work performed and any significant findings, which have not been fully addressed by management. 4. The Office of County Internal Auditor shall follow-up on audit recommendations, as practical, to determine if management is implementing corrective action as identified in their response to the audit report findings and recommendations. The Office of County Internal Auditor may request periodic status reports fiom auditees regarding actions taken to address reported deficiencies and audit recommendations. (Ord. 2011-004 §1, 2011; Ord. 2005-014 § 1, 2005, Ord 2022-008 & 1) Chapter 2.14 4 (1/13) Exhibit A 2.14.80.Contract auditors, consultants and Experts. I . Within budget limitations and approval by the County Administrator, the Office of County Internal Auditor may obtain the services of Certified Public Accountants, qualified management consultants, or other professional experts necessary to perform auditor duties. An audit that is performed by contract must be conducted by persons who are independent of the governmental unit and its officers. The Office of County Internal Auditor will coordinate and monitor auditing performed by public accounting, professional experts, or other organizations employed under contract by Deschutes County. 2. The Office of county Internal Auditor may participate with the Audit Cormnittee in the selection of qualified finalists for the provider of Deschutes County's annual financial audit. The Audit Committee shall select a provider from the finalists. This selection shall be presented to the Board of County Commissioners for review and approval. The process will follow Deschutes County's contracting processes. (Ord. 2011-004 § 1, 2011; Ord. 2005-014 § 1, 2005 Ord 2022-008 § 1) 2.14.090. Quality Assurance Reviews. I. The audit activities of the Office of County Internal Auditors off e shall be subject to quality review in accordance with applicable government auditing standards by a professional, non -partisan objective group (such as the Association of Local Government Auditors (ALGA)). A copy of the written report of this independent review shall be furnished to the Audit Committee and the Board of County Commissioners. This report shall be available to the public. 2. The quality control review shall determine compliance with government auditing standards and the quality of the audit effort and reporting, including: a. general standards such as competence, professional judgment, and quality assurance; b. fieldwork standards such as planning, supervision, and evidence; and c. reporting standards such as report content, timeliness and distribution. 3. The County shall reimburse the costs of the quality control review team from funds budgeted in the Office of County Internal Auditor's budget. Within available time constraints, members of the Office of County Internal Auditor may reciprocate with other organizations by participation in quality control teams. (Ord. 201 I-004 §1, 2011; Ord. 2005-014 §1, 2005, Ord 2022-008 1) 2.14.100. Repealed (Ord. 2013-004 § 1, 2013; Ord. 2011-004 § 1, 2011; Ord. 2005-014 § 1, 2005; Ord 2018-007) Chapter 2.14 5 (1/13) Exhibit B Chapter 2.15. COUNTY AUDIT COMMITTEE 2.15.001 Purpose. 2.15.010 Authority. 2.15.020. Composition. 2.15.030 Meetings. 2.15.040. Responsibilities. 2.15.001 Purpose. The Board of County Commissioners have formed the Audit Committee to advise the Board on fulfilling its responsibilities for financial reporting, internal controls, and compliance with laws, regulations, and ethics within the County. The Audit Committee provides oversight to auditing (external and internal) for the County. The audit committee receives and reviews County information on: • financial condition; • the accuracy of financial record keeping; • compliance with applicable laws, policies, guidelines, and procedures; and • efficiency and effectiveness of operations. The Audit Committee strengthens the independence of auditing by serving as a transparent third -party review body. (Ord. 2018-007 §2) 2.15.010. Authority. A. The Board of County Commissioners ("Board") hereby establishes the Audit Committee as an advisory committee. The committee shall advise the Board and County Administrator on significant audit matters including, but not limited to: 1. The selection, compensation, and removal of external auditors hired to audit the financial statements for the County and its related entities; 2. Consultation with the County Administrator or Board regarding the appointment or dismissal of the County Internal Auditor should include a consultation with a majority of the public members of the audit committee; 3. Increases and decreases to the requested budget for the internal audit program; and 4. The work plan for internal audits performed under DCC 2.14.040. (Ord. 2013-004 §1, 2013; Ord. 2008-002 §1, 2008) 2.15.020. Composition. A. The audit committee shall be comprised of not less than seven or more than nine members appointed by the Board. B. Each member shall be appointed to serve a term of two years. Upon initial formation of the committee, the Board may appoint any member to a shorter term. A member may be appointed to more than one term. The Board may remove a member of the committee at any time. In the event of a vacancy on the committee the Board shall, as soon as practicable, appoint a person to serve the unexpired portion of the former member's term. C. The committee shall consist of one (1) member county commissioner, two (2) county department head members, and four (4) to six (6) public members. The County Administrator shall be an ex-officio nonvoting member. D. A public member shall be a registered voter within Deschutes County. The chair of the committee shall be a public member and shall be selected by a majority of the public members. The chair shall serve a one-year term and may be selected for additional terms. If the public members cannot decide upon a chair, the larger committee shall decide. The chair shall preside over meetings, as well as provide input on topics for the agenda. (Ord. 2009-011 §1, 2009; Ord. 2008-002 §1, 2008) Chapter 2.15 1 0 Exhibit B 2.15.030 Meetings A. The audit committee shall meet as the committee deems necessary. A quorum shall constitute a majority of the members appointed. Vacant positions shall not be considered in determining whether a quorum exists. Minutes shall be prepared in accordance with the Oregon Public Meeting Law. The committee may require certain County management attend meetings to address reports being discussed. Auditee departments will be invited to meetings where their internal audit report is discussed. B. A department head audit committee member shall not vote on an issue relating to an audit directly pertaining to his or her department. If there is any question as to whether audit committee members should recuse themselves from a vote, the committee should vote to determine whether the member should recuse himself or herself. C. The County Internal Auditor shall facilitate and coordinate such meetings, as well as provide ancillary support to the committee, as time permits. (Ord. 2009-011 §1, 2009; Ord. 2008-002 §1, 2008) 2.15.040. Responsibilities. Responsibilities of the Audit Committee include: A. Overseeing the independent audit of the County's financial statements, including: 1. Overseeing the selection, renewal or removal of the independent external auditor by making a recommendation to the Board for final approval; 2. Meeting with the external auditors during planning of the audit, presentation of the audited financial statements, and discussion of the letter to management on recommendations; and 3. Overseeing the resolution of audit findings in, areas such as internal control, legal and regulatory compliance, and ethics. B. The committee shall work to assure coordination between the internal and external auditors, management, the County Administrator and Board. C. The audit committee shall ensure the Office of County internal audits performs its function. The committee shall: 1. Review the internal audit ordinance (DCC 2.14) at least every other year; 2. Review proposed internal audit work plans and make recommendations concerning internal audit projects; 3. Review the budget and staffing levels of the Office of County Internal AuditipAem ' audit rrogr- ,, (DCC 2.14.050); 4. Review internal audit reports and other communications developed for the County; 5. Review and provide input on Office of County Internal Audit ipAefn ' audit program goals; and 6. Review any quality assurance reviews created pursuant to DCC 2.14.090. 7. Discuss and provide input on the County Internal Auditor's performance review each year. D. The committee shall make appropriate recommendations concerning the Office of County Internal Audit:l audit program based upon the reviews that it conducts pursuant to subsection C of this section. E. The committee shall make an annual report to the Board summarizing the committee's activities and recommendations. The report may be delivered at an audit committee meeting attended by the Board or may be scheduled for a regularly scheduled meeting of the Board. F. The committee shall perform other activities related to this chapter as requested by the Board. (Ord. 2013-004 §1, 2013; Ord. 2011-004 §l, 2011; Ord. 2008-002 §1, 2008, Ord. 2022-008 §2) Chapter 2.15 2 r' I E S CMG 2� BOAR® OF COMMISSIONERS MEETING DATE: August 10, 2022 SUB ECT: Second reading of Ordinance No 2022-008. An ordinance amending Chapter 2.14 (County Internal Auditor) and Chapter 2.15 (County Audit Committee) as recommended by the County Audit Committee. RECOMMENDED MOTION: Move approval of ordinance No. 2022-008. Second reading of ordinance No. 2022-008 (by Title only). BACKGROUND AND POLICY IMPLICATIONS: The changes being proposed came through the periodic review process of these code sections by the Deschutes County Audit Committee. The ordinance amends Chapter 2.14 (County Internal Auditor) to clarify and improve some of the language. The amendments help address the addition of staff to the function. Changes include using the reference "Office of County Internal Audit"; expanding upon the duties of the County Internal Auditor; separate and highlight the independence of the function; and provide greater Audit Committee input on non -audit work to be performed. The ordinance amends Chapter 2.15 (County Audit Committee) to provide similar language as modified in Chapter 2.14 regarding the use of the term "Office of County Internal Audit". The audit committee supports these changes and the changes have also been reviewed by the County Internal Auditor. BUDGET IMPACTS: None noted ATTENDANCE: David Givans, County Internal Auditor