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HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_11/8/2001 OCT.26.2001 11:19AM JONES FOSTER JOHNSTON & STUBBS NU.G4D r c'a Tom 4 FOSTER FI ler Center Tower,Suite 1100 Mailing Addmss PENSION 505 South Flagler Drive Post Office Box 3475 l STUBBS PA. West Palm Beach,Florida 33401 West Palm Beach.Florida 33402-3475 Telephone(561)659-3000 Facsimile(561)832-1454 Attorneys and Counselors John C.Randolph,Esquire ' Direct Dial: 561-650-045B Direct Fax 561-650-0435 E-Mail: jrandolph@jones-foster.com October 25, 2001 Mr. Michael R. Couzzo, Jr. Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 Re: Village of Tequesta Our File No. 13153.1 Dear Mike: A question has been raised as to whether the auditor selected at the last regular meeting of the Council was properly selected according to the requirements of Florida law. Although some might argue whether the statutory requirement was specifically followed, we believe that the intent and purpose of the statute was met. Section 11.45(3)(a)(6), Florida Statutes, provides as follows: The governing body of a municipality, special district, or charter school must establish an auditor selection committee and competitive auditor selection procedures. The governing board may elect to use its own competitive auditor selection procedures or the procedures outlined in subparagraph (7). I have been advised of the following facts. The following individuals served as an auditor selection committee: the Finance Director, her assistant, the Police Chief. Additionally, the auditor selection committee followed the following procedures: RFP's were put out with specific guidelines. The RFP's were advertised in the Palm Beach Post, advertised on the FGOA website, posted at the recreational center where Village Council meetings are held, and mailed to accounting firms that had requested to be put on the list for RFP's in the past. Only three firms responded in time. These firms were reviewed by all three members of the auditor selection committee using criteria they established for the review. All three members of the committee chose, as their first choice, the same accounting firm as their recommendation to the Village Council. As there were only three responsesecommendatFon, all three of the auditorre selectionted to the committeei!lags Council,which chose the first . 1 \ I I• t , OCT.26.2001 11:18AM JONES FOSTER JOHNSTON & STUBBS NO.245 P.3/3 Mr. Michael R. Couzzo, Jr. October 25, 2001 Page 2 It appears, therefore, that the auditor selection committee followed the procedures which it set in place. Further, because the Council ratified the selection of the auditor recommended by the committee, it appears that the process was effectively in compliance with statutory requirements. Out of an abundance of caution, however, we would recommend that the Village Council, at its next meeting, ratify the selection and establishment of the auditor selection committee used, as well as the selection procedures undertaken by the committee. Sincerely, JONES, FOSTER, JOHNSTON &STUBBS, PA John C. Randolph JCRlssm N:WCR113153811COUZzo Michael Letter3.doc