9 DE Code § 1404. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 14. The County Auditor|§ 1404. Annual audits and the audit committee.

§ 1404. Annual audits and the audit committee. (a) The County Auditor shall oversee, coordinate, and monitor an annual audit of the accounts, books, and records of all offices, departments, and boards that reflect transactions involving financial activities and financial affairs of the County. (b) The County Council shall establish or reconstitute as the facts and circumstances warrant, and appoint all members to, an Audit Committee which shall:  (1) Consist of 5 members all of whom possess the technical skills necessary to oversee the technical and complex financial reporting and audit process, and such members of the Committee will be appointed by County Council each for a term of 4 years, except that the terms of any reconstituted committee shall initially be established in a staggered manner so that 1 term expires after 2 years, 2 terms expire after 3 years, and 2 terms expire after 4 years. Appointment of members thereafter shall each be for a full 4-year term. When a vacancy occurs, the vacancy shall be filled for the balance of the unexpired term. (2) Meet at least on a quarterly basis to consult with the County Auditor regarding:  a. The establishment of an audit schedule for the coming year, b. The progress of ongoing audits, c. Any necessary follow-ups to audits completed during the previous 12 months, d. And any special needs expressed by the auditor or the Chief Financial Officer; (3) Work throughout the year to assure the maximum coordination between and among the work of the County Auditor and the needs of the Chief Financial Officer, the County Council, and any external auditors who may have been employed under the authority of the County Auditor; (4) Recommend to the County Council a salary schedule for the County Auditor. (c) Annual audits may either be complete, or in such lesser degree as the County Auditor shall find acceptable to enable the County Auditor to express opinions concerning whether such transactions are in compliance with Generally Accepted Principals of Governmental Accounting as well as the appropriate ordinances, rules and regulations of the County Council, and other laws governing such transactions. (d) Annual audits shall be completed, and a report thereupon produced, not later than the end of the sixth month following the completion of the fiscal year in which such transactions shall have occurred. Prior to the issuance of the audit report pursuant to this subsection, a final draft thereof shall be submitted to the audit committee for review and comment regarding factual content before it is released. The County Auditor shall make the final decision regarding all matters, facts, and opinions contained in the report. (e) A final draft of the report shall be provided to the head of any affected office, department or board, the County Council President, the County Executive, the Chief Financial Officer, and the Audit Committee for review and comment regarding factual content before the report is finalized and released. Written responses must be received within 30 days from the date of the final draft and shall be included in the final report. Alternatively, a revised final report may be issued incorporating suggested and accepted corrections. The absence of response within 30 days will be noted in the final report. 9 Del. C. 1953, §  1324;  55 Del. Laws, c. 85, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  59;  75 Del. Laws, c. 139, §§  1, 2;  81 Del. Laws, c. 30, § 1;