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Minnesota-Supreme-Court-Sides-with-Counties-5-2-18

Minnesota Supreme Court Sides with Counties

by David Mol, CPA

The Minnesota Supreme Court recently upheld 2015 legislation that authorizes counties to exercise the option to have their audits performed by either the Office of the State Auditor (OSA) or a certified public accounting firm (CPA). The ruling follows three years of litigation that ultimately ends with counties remaining on the list of entities that are able to have their audit conducted by a CPA firm. Up until the 2015 legislation, the list included cities, townships, and school districts.

Is There A Deadline to Declare Intent to Change Auditors?

Pursuant to Minn. Stat. § 6.481, subd. 7 (https://www.revisor.mn.gov/statutes/?id=6.481), counties must notify the State Auditor by August 1 of even-numbered years in order to solicit and utilize the services of a certified public accounting (CPA) firm. Upon notice, the following calendar year will be the first year's records that will be subject to an audit by the new entity. The statute also indicates that upon notice (to change either to or from the services of the State Auditor), the county will be subject to two annual audits conducted by the new entity.

While notice is only required every two years (even-numbered years) when changing auditors, it has been recommended by some parties that counties should provide notice every year of their intent to remain with, or change, their auditor. This helps ensure the county builds a consistent notification process to avoid missing the declaration date while providing clear and consistent communication to the Office of the State Auditor.

How Can a County Communicate Their Intent to Change Auditors?

While the statue does not outline the specific communication channel or process for declaring intent to change auditors, some counties are passing resolutions and submitting signed letters regarding the passing of the resolution—and their intent to solicit the services of a CPA firm.

If you have any questions about the Minnesota Supreme Court decision, next steps, or your specific audit needs, you can reach out to David Mol, Partner and Government Industry Team Leader.

Contact Redpath and Company's David Mol, Partner, Government Team Leader

David Mol, CPA

David Mol, CPA

David Mol is the assurance and accounting operations director, holds a position on the firm’s management team, and serves as both chief financial officer and chief operations officer. As a partner in the government service area, he specializes in audit and management advisory services for local governments. David assists organizations with quality financial reporting and special projects such as debt studies, cash flow projections, advanced refunding verification reports, utility rate studies, cost allocation studies, and relief association pension benefit projections. He was a national reviewer of the Government Finance Officers Association’s Certificate of Achievement in Financial Reporting Program and is a frequent presenter on topics surrounding governmental entities. Relevant continuing professional education includes the AICPA Governmental Audit Quality Center Annual Update and the GFOA Annual Governmental GAAP Update. He has been at Redpath and Company since 1979.