(1) The
examination of the financial affairs of all local governments
shall be made at such reasonable, periodic intervals as the state
auditor shall determine. However, an examination of the
financial affairs of all local governments shall be made at least
once in every three years, and an examination of individual local
government health and welfare benefit plans and local government
self-insurance programs shall be made at least once every two
years.
(2) During the 2009-2011 fiscal biennium, the state auditor
shall conduct audits no more often than once every two years of
local governments with annual general fund revenues of ten
million dollars or less and no findings of impropriety for the
three-year period immediately preceding the audit period. This
subsection does not prohibit the state auditor from conducting
audits: (a) To address suspected fraud or irregular conduct; (b)
at the request of the local government governing body; or (c) as
required by federal laws or regulations.
(3) The term local governments for purposes of this chapter
includes but is not limited to all counties, cities, and other
political subdivisions, municipal corporations, and
quasi-municipal corporations, however denominated.
(4) The state auditor shall establish a schedule to govern
the auditing of local governments which shall include: A
designation of the various classifications of local governments;
a designation of the frequency for auditing each type of local
government; and a description of events which cause a more
frequent audit to be conducted.
(5) On every such examination, inquiry shall be made as to
the financial condition and resources of the local government;
whether the Constitution and laws of the state, the ordinances
and orders of the local government, and the requirements of the
state auditor have been properly complied with; and into the
methods and accuracy of the accounts and reports.
(6) A report of such examination shall be made and filed in
the office of state auditor, and one copy shall be transmitted to
the local government. A copy of any report containing findings
of noncompliance with state law shall be transmitted to the
attorney general. If any such report discloses malfeasance,
misfeasance, or nonfeasance in office on the part of any public
officer or employee, within thirty days from the receipt of his
or her copy of the report, the attorney general shall institute,
in the proper county, such legal action as is proper in the
premises by civil process and prosecute the same to final
determination to carry into effect the findings of the
examination.
(7) It shall be unlawful for any local government or the
responsible head thereof, to make a settlement or compromise of
any claim arising out of such malfeasance, misfeasance, or
nonfeasance, or any action commenced therefor, or for any court
to enter upon any compromise or settlement of such action,
without the written approval and consent of the attorney general
and the state auditor.
[2009 c 564 § 927; 1995 c 301 § 15; 1991 sp.s. c 30 § 26; 1979 c 71 § 1; 1965 c 8 § 43.09.260. Prior: 1909 c 76 § 8; RRS § 9958.]
NOTES:
Effective date -- 2009 c 564: See note following RCW 2.68.020.
Effective date, implementation, application -- Severability -- 1991 sp.s. c 30: See RCW 48.62.900 and 48.62.901.
School district budgeting violations not to affect duties of attorney general under RCW 43.09.260: RCW 28A.505.150.