Judges: RICHARD P. IEYOUB
Filed Date: 4/1/1992
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Hardaway:
This office is in receipt of your request for an opinion of the Attorney General regarding a legislative audit of the Cypress Black Bayou Recreation and Water Conservation District. You indicate the State Legislative Auditor's office has informed the Board of Commissioners of the District that they will no longer audit your records as they do not Consider the District a state agency. However, the Commissioners desire to continue the audits by the State Legislative Auditor, and seek an opinion that the District does come under the classification of state agency.
Under R.S.
However, this designation as a state agency is not determinative of the obligation of the Legislative Auditor to do the audit of the Cypress Black Bayou Recreation and Water Conservation District. Attention must be given to R.S.
While R.S.
Additionally, the statute specifically provides that financial statements of political subdivisions of the state "not included within the state's Comprehensive Annual Financial Reports * * * shall be audited or reviewed by licensed certified public accountants" except for those specified situations when the audit may be by the Legislative Auditor. Those situations set forth in the statute are as follows:
(a) a local auditee has failed after 30 days written notice from the legislative auditor to comply with the provisions of this Section relative to timely audits;
(b) the Legislative Audit Advisory Council and the legislative auditor have determined that the local auditee is unable to pay for an audit by a licensed certified public accountant;
(c) the local auditee exhibits a record of egregious control deficiencies and failures to comply with laws and regulations;
(d) the legislative auditor has received complaints of illegal or irregular acts with respect to the local auditee;
(e) the local auditee, after requesting proposals for audit services, receives less than three or more proposals and rejects all proposals for cause; or
(f) in the opinion of the legislative auditor and the Legislative Audit Advisory Council the best interest of the state of Louisiana would be served by his audit of the local auditee.
Thus, it is the conclusion of this office under R.S.
We hope this sufficiently answers your question, but if we can be of further assistance, please do not hesitate to contact us.
Sincerely yours,
Richard P. Ieyoub Attorney General
BY: BARBARA B. RUTLEDGE Assistant Attorney General