NY Pub Auth L § 2350-S (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 16 - Suffolk County Judicial Facilities Agency 2350-S - Audit, Annual Reports, and Access to Books, Records, and Accounts.

§  2350-s.  Audit,  annual  reports, and access to books, records, and   accounts. 1. In conformity  with  the  provisions  of  section  five  of   article  ten  of  the  constitution, the accounts of the agency shall be   subject to the supervision of the comptroller. The agency shall annually   submit to the governor and comptroller and to  the  chairperson  of  the   senate  finance  committee  and the chairperson of the assembly ways and   means committee a detailed report pursuant to the provisions of  section   twenty-eight hundred of this chapter, and a copy of such report shall be   filed with the county executive and the clerk of the county legislature.2.  The  agency  shall  also submit with its annual report, (a) a debt   issuance report that  includes  the  date  of  issuance,  term,  amount,   interest  rate  and  means of repayment. Additionally, the debt schedule   shall also include all refinancings, calls, refundings, defeasements and   interest rate exchange or other such agreements, and for any debt issued   during the reporting year, the schedule shall also  include  a  detailed   list  of  costs  of  issuance for such debt; (b) a compensation schedule   that shall include, by position, title and name of  the  person  holding   such  position  or  title,  the  salary,  compensation, allowance and/or   benefits provided to any officer, director or  employee  in  a  decision   making or managerial position of the agency whose salary is in excess of   one  hundred  thousand dollars; (c) a project report that shall describe   in detail the projects undertaken by the agency during  the  past  year;   and  (d)  a  report  detailing such agency's code of ethics and a report   that provides an assessment of the effectiveness of its internal control   structure and procedures.3. Every report submitted under subdivision two of this section  shall   also  be  certified  by the county executive and the county chief budget   officer to the effect that the information provided therein is  accurate   and correct based upon the respective officer's knowledge.4.  The  agency  shall submit to the county executive, the chairperson   and ranking minority member of the senate  finance  committee,  and  the   chairperson  and  ranking minority member of the assembly ways and means   committee, for their information, annually  not  less  than  sixty  days   before the commencement of its fiscal year, in the form submitted to its   members  or  trustees,  budget  information  on  operations  and capital   construction setting forth the estimated receipts and  expenditures  for   the  next  fiscal  year  and  the  current  fiscal  year, and the actual   receipts  and  expenditures  for  the  last   completed   fiscal   year.   Notwithstanding  any  other  provision  of  law  to the contrary, if the   agency has a budget with accumulated debt in  excess  of  fifty  million   dollars, it shall submit a five year capital plan with its budget.5.  The  agency  shall  provide  the secretaries of the senate finance   committee and the assembly ways and means committee, with access to  any   and all books, records, audits and contracts of the agency.6.  Notwithstanding  any  provision of law to the contrary, the agency   shall annually not later than ninety days before the  beginning  of  its   fiscal  year submit its proposed operating budget to the director of the   county's independent budget review office for review and comment.7. Independent audit reports and financial disclosure of  the  agency.   The  agency  shall  submit  to the governor, the chairperson and ranking   minority member of the senate finance  committee,  the  chairperson  and   ranking  minority  member  of the assembly ways and means committee, the   state comptroller, and the director of  the  county  independent  budget   review  office within thirty days after receipt thereof by the agency, a   copy of an independent audit report  performed  by  a  certified  public   accounting firm and management letter and any other external examination   of the books and accounts of the agency other than copies of the reports   of any examinations made by the state comptroller. 8.  The  board  of  the  agency shall appoint an audit committee. Such   committee shall have responsibility to recommend to the board the hiring   of a certified independent accounting firm for the agency, and  for  the   direct  oversight  of  the performance of the audit by the firm hired by   the board.9. Each certified independent public accounting firm that performs for   the agency any audit required by this chapter shall timely report to the   audit committee of such agency: (a) all critical accounting policies and   practices  to  be  used;  (b)  all  alternative  treatments of financial   information within generally accepted government audit  principles  that   have  been  discussed  with  management  officials  of  such  authority,   ramifications of the use of such alternative disclosures and treatments,   and  the  treatment  preferred  by  the  certified  independent   public   accounting  firm;  and (c) other material written communications between   the certified independent public accounting firm and the  management  of   the  agency,  such  as  the  management  letter  along with management's   response or plan of corrective action, material  corrections  identified   or schedule of unadjusted differences, where applicable.10.  The  certified  independent  public accounting firm providing the   agency's annual independent audit  will  be  prohibited  from  providing   audit  services  to  the respective agency if the lead (or coordinating)   audit partner (having primary responsibility  for  the  audit),  or  the   audit  partner  responsible for reviewing the audit, has performed audit   services for the agency in each of the five previous fiscal years of the   agency.11. The certified independent public accounting  firm  performing  the   agency's  audit  shall  be  prohibited  from  performing  any  non-audit   services  for  the  agency  contemporaneously  with  the  audit,  unless   receiving  previous  written  approval by the audit committee including:   (a) bookkeeping or other services related to the accounting  records  or   financial  statements  of  the agency; (b) financial information systems   design and implementation; (c) appraisal or valuation services, fairness   opinions, or contribution-in-kind reports; (d) actuarial  services;  (e)   internal  audit  outsourcing services; (f) management functions or human   services; (g)  broker  or  dealer,  investment  advisor,  or  investment   banking  services;  and (h) legal services and expert services unrelated   to the audit.12. It shall  be  prohibited  for  any  certified  independent  public   accounting firm to perform for the agency any audit service if the chief   executive   officer,   comptroller,   chief   financial  officer,  chief   accounting officer,  or  any  other  person  serving  in  an  equivalent   position  for  the  agency,  was  employed by that certified independent   public accounting firm and participated in any capacity in the audit  of   the  agency  during  the  two  year  period  preceding  the  date of the   initiation of the audit.13. Notwithstanding any other provision of  this  article,  the  state   comptroller  may examine the books and accounts of the agency, including   its  receipts,  disbursements,   contracts,   leases,   sinking   funds,   investments and any other matters relating to its financial standing. In   lieu  of such an examination, the state comptroller is hereby authorized   to accept from the agency an  external  examination  of  its  books  and   accounts made at the request of the agency.