(a) Powers and duties.--If an independent auditor is appointed under section 1005(7) (relating to powers of council), the independent auditor shall have the same powers and duties and be subject to the same penalties as the auditors under this chapter. The independent auditor shall annually examine, audit and settle all accounts in which the borough is concerned. The audit shall consist of an examination in accordance with generally accepted auditing standards and shall include tests of the accounting records and other auditing procedures as the independent auditor considers necessary in the circumstances. The independent auditor shall make and publish the annual financial report in the same form and manner and at the same time as required in this part of the auditors of the borough.
(b) Reporting.--The independent auditor shall audit the accounting records of the borough for the fiscal year and shall prepare a report on the examination which shall be subject to appeal in the same manner as reports of the auditors under this chapter. The report shall set forth:
(1) The scope of the examination.
(2) The independent auditor's opinion of the fairness of the presentation of the financial statement of the borough, which shall show a complete statement of the financial condition of the borough, giving in detail the actual indebtedness, the amount of funded debt, the amount of floating debt, the valuation of the taxable property in the borough, the assets of the borough with their character and value and the date of the maturity of the respective forms of funded debt of the borough.
(3) The amount of any balance or shortage or any expenditure of any kind or made in a manner prohibited or not authorized by a statute which came to the independent auditor's attention during the course of the examination and which, in the independent auditor's opinion, causes a financial loss to the borough as provided in section 1059.3 (relating to surcharge by auditors) shall be a surcharge against an officer against whom the balance or shortage shall appear, subject to appeal, entry as judgment, certification and enforcement as provided in this chapter.
(c) Hiring attorney.--The independent auditor may employ an attorney subject to the provisions of section 1059.8 (relating to attorney fees), except that the employment shall be with the consent of council.
(d) Other applicable laws.--Sections 1055 (relating to subpoenas, oath and perjury), 1058 (relating to pay of witnesses) and 1059 (relating to auditors to settle accounts where witnesses do not appear) shall apply to proceedings initiated by independent auditors.
(e) Compensation.--The compensation of the independent auditor shall be determined by council and paid by borough funds.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 8 - BOROUGHS AND INCORPORATED TOWNS
Chapter 10 - Powers and Duties of Elected Officials
Section 1002 - Oath of members of council
Section 1004 - Failure of council to organize
Section 1005 - Powers of council
Section 1006 - Duties of council
Section 1014 - Hearings before council; witnesses
Section 1015 - Witness fees and mileage
Section 1016 - Examination of witnesses; penalty
Section 1041 - Auditors to meet yearly and audit accounts
Section 1053 - Compensation of auditors
Section 1055 - Subpoenas, oath and perjury
Section 1058 - Pay of witnesses
Section 1059 - Auditors to settle accounts where witnesses do not appear
Section 1059.1 - Completion, filing and publication of auditor's report and financial statement
Section 1059.2 - Attorney to auditors
Section 1059.3 - Surcharge by auditors
Section 1059.4 - Appeals from audit
Section 1059.5 - Taxpayers appealing to enter bond
Section 1059.6 - Procedure on appeals
Section 1059.7 - Findings of fact and law, judgment and appeals
Section 1059.8 - Attorney fees
Section 1059.9 - Balances due to be entered as judgments
Section 1059.10 - Penalty for failure to comply with law
Section 1059.11 - General powers and duties of independent auditor
Section 1061 - Oath and bond of controller
Section 1062 - Salary of controller
Section 1063 - General powers and duties of controller
Section 1065 - Countersigned warrants
Section 1066 - Prevention of appropriation overdrafts
Section 1067 - Amount of contracts to be charged against appropriations
Section 1068 - Controller's recommendations on borough finances
Section 1069 - Books to be kept by controller
Section 1070 - Appeals from controller's report