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Agenda 04/23/2013 Item #10H4/23/2013 10. H. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners develop a protocol for the presentation of the Clerk's audits to the board, which is both acceptable to the Clerk of Courts and to the County Manager. To date, the Clerk has presented his audits to the Board of Commissioners without the Board having the ability to review the audit findings or staff responses ahead of the Clerk's public presentation. The Board is left unable to be responsive during these presentations. Further, staff is not being invited to present their responses concurrently, leaving the Board unable to determine if the concerns raised have been resolved. To avoid the above, it is essential that a protocol be established. Such a protocol will benefit the Board, the Clerk and staff while ensuring that the public is fully informed as to both the audit findings and the implemented solutions. That the Board direct the Chair to work with the Clerk and the County Manager to develop such a protocol and bring the protocol back to the Board for final approval. OBJECTIVE: That the Board of County Commissioners develop a protocol for the presentation of the Clerk's audits to the Board, which is both acceptable to the Clerk of Courts and to the County Manager. To date, the Clerk has presented his audits to the Board of Commissioners without the Board having the ability to review the audit findings or staff responses ahead of the Clerk's public presentation. The Board is left unable to be responsive during these presentations. Further, staff is not being invited to present their responses concurrently, leaving the Board unable to determine if the concerns raised have been resolved. To avoid the above, it is essential that a protocol be established. Such a protocol will benefit the Board, the Clerk and staff while ensuring that the public is fully informed as to both the audit findings and the implemented solutions. That the Board direct the Chair to work with the Clerk and the County Manager to develop such a protocol and bring the protocol back to the board for final approval. CONSIDERATIONS: As stated in the objectives above. FISCAL IMPACT: None LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and requires majority support for direction. Any protocol to be developed will need to be consistent with Fla. Stat. Sec. 119.0713(2)(a), which provides as follows: § 119.0713. Local government agency exemptions from inspection or copying of public records (2) (a) The audit report of an internal auditor and the investigative report of the inspector general prepared for or on behalf of a unit of local government becomes a public record when the audit or investigation becomes final. As used in this subsection, the term "unit of local government" means a county, municipality, special district, local agency, authority, consolidated city- county government, or any other local governmental body or public body corporate or politic authorized or created by general or special law. An audit or investigation becomes final when the audit report or investigative report is presented to the unit of local government. Audit Workpapers and notes related to such audit and information received, produced, or derived from an investigation Packet Page -341- 4/23/2013 10.H. are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the audit or investigation is complete and the audit report becomes final or when the investigation is no longer active. An investigation is active if it is continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch. -JAK RECOMMENDATION: That the Board of County Commissioners develop a protocol for the presentation of the Clerk's audits to the Board, which is both acceptable to the Clerk of Courts and to the County Manager. To date, the Clerk has presented his audits to the Board of Commissioners without the Board having the ability to review the audit findings or staff responses ahead of the Clerk's public presentation. The Board is left unable to be responsive during these presentations. Further, staff is not being invited to present their responses concurrently, leaving the board unable to determine if the concerns raised have been resolved. To avoid the above, it is essential that a protocol be established. Such a protocol will benefit the Board, the Clerk and staff while ensuring that the public is fully informed as to both the audit findings and the implemented solutions. That the Board direct the Chair to work with the Clerk and the County Manager to develop such a protocol and bring the protocol back to the Board for final approval. PREPARED BY: Commissioner Georgia Hiller, Chair - District 2 Packet Page -342- 4/23/2013 10.H. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.H. Item Summary: Recommendation that the Board of County Commissioners develop a protocol for the presentation of the Clerk's audits to the board, which is both acceptable to the Clerk of Courts and to the County Manager. To date, the Clerk has presented his audits to the Board of Commissioners without the Board having the ability to review the audit findings or staff responses ahead of the Clerk's public presentation. The Board is left unable to be responsive during these presentations. Further, staff is not being invited to present their responses concurrently, leaving the Board unable to determine if the concerns raised have been resolved. To avoid the above, it is essential that a protocol be established. Such a protocol will benefit the Board, the Clerk and staff while ensuring that the public is fully informed as to both the audit findings and the implemented solutions. That the Board direct the Chair to work with the Clerk and the County Manager to develop such a protocol and bring the protocol back to the Board for final approval. (Commissioner Hiller) Meeting Date: 4/23/2013 Prepared By Name: BrockMarvJo Title: Executive Secretary to County Manager, CMO 4/17/2013 1:42:28 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMarvJo 4/17/2013 1:42:30 PM Approved By Name: OchsLeo Title: County Manager Date: 4/17/2013 3:08:59 PM Packet Page -343-