§ 163. Duties of the Auditor of Accounts
In addition to any other duties prescribed by law, the Auditor of Accounts shall:
(1) Annually perform or contract for:
(A) an audit of the basic financial statements of the State of Vermont;
(B) the financial and compliance audits of the State of Vermont’s federal programs as
required by federal law, except that this audit requirement shall not apply to the
University of Vermont or the Vermont State Colleges; and
(C) at his or her discretion, governmental audits as defined by governmental auditing
standards issued by the U.S. Government Accountability Office (GAO) of every department,
institution, and agency of the State, including trustees or custodians of retirement
and other trust funds held by the State or any officer or officers of the State, and
also including every county officer who receives or disburses funds of the State or
for the benefit of the State or any county.
(2) In his or her discretion, conduct a continuing post audit of all disbursements made
through the Office of the Commissioner of Finance and Management or the Office of
the State Treasurer, including disbursements to a municipality, school supervisory
union, school district, or county.
(3)(A) Prominently post and retain on his or her official State website, and update at least
annually, the following information:
(i) All reports that result from audits conducted under subdivision (1) of this section.
(ii) [Repealed.]
(iii) A summary of all embezzlement convictions and false claim convictions as described
in 13 V.S.A. § 3016 against any agency or department of the State since July 1, 2007. The summary shall
include the names of all persons convicted of those offenses.
(B) Periodically follow up on the Auditor’s recommendations contained in audit reports
arising from audits conducted under subdivision (1) of this section for up to three
years from the date of the audit report.
(4)(A)(i) From time to time, as audits are completed, report his or her audit findings first
to the Speaker of the House of Representatives and the President Pro Tempore of the
Senate, then to the Governor, the Secretary of Administration, the Commissioner of
Finance and Management, and the head of the department, institution, or agency covered
by the report.
(ii) The audit reports shall be public records.
(B)(i) Draft audit reports, working papers, correspondence, and other materials relied on
by the Auditor of Accounts to produce the draft audit report shall be confidential
and exempt from public inspection and copying under the Public Records Act until the
audit is completed but shall be provided to the audited entity upon request unless
the record is exempt from public inspection and copying under another provision of
law.
(ii) Draft audit reports, working papers, correspondence, and other materials received
by an audited entity prior to completion of the audit shall remain confidential until
completion of the audit, and shall not be further disclosed by the audited entity
until completion of the audit.
(5) Make special audits of any department, institution, and agency as the Governor may
from time to time require.
(6) [Repealed.]
(7) Subject to the provisions of 3 V.S.A. chapter 13, employ and set the compensation
of such assistants, clerical or otherwise, as he or she deems necessary for the proper
and efficient administration of his or her office. However, he or she shall not expend
or authorize expenditure of funds for his or her office in excess of the amount appropriated
for his or her office in any fiscal year.
(8) Require all State departments and agencies to file with the Auditor of Accounts all
audit reports and reports of findings and recommendations received as a result of
audits and examinations conducted by or for any federal agency.
(9), (10) [Repealed.]
(11)(A) Make available to all counties, municipalities, and supervisory unions as defined
in 16 V.S.A. § 11(23) and supervisory districts as defined in 16 V.S.A. § 11(24) a document designed to determine the internal financial controls in place to ensure
proper use of all public funds.
(i) The Auditor shall consult with the Vermont School Boards Association, the Vermont
Association of School Business Officials, and the Vermont League of Cities and Towns
in the development of the document.
(ii) The Auditor shall strive to limit the document to one letter-size page.
(B) The Auditor shall also make available to public officials charged with completing
the document instructions to assist in its completion.
(12) Make available to county, municipal, and school district officials with fiduciary
responsibilities an education program related to those responsibilities, as resources
permit. (Added 1959, No. 328 (Adj. Sess.), § 17; amended 1967, No. 91, § 1; 1969, No. 219 (Adj. Sess.), §§ 2, 4, eff. March 27, 1970; 1971, No. 32, eff. July 1, 1971; 1977, No. 146 (Adj. Sess.), § 4; 1983, No. 195 (Adj. Sess.), § 5(b); 1985, No. 122 (Adj. Sess.), § 1, eff. April 17, 1986; 1999, No. 159 (Adj. Sess.), § 15; 2003, No. 67, § 13c; 2005, No. 184 (Adj. Sess.), § 15; 2007, No. 121 (Adj. Sess.), §§ 23, 32; 2011, No. 155 (Adj. Sess.), § 23; 2013, No. 108 (Adj. Sess.), § 2, eff. April 22, 2014; 2019, No. 104 (Adj. Sess.), § 1.)
§ 167. Records to be available for audit
(a) For the purpose of examination and audit authorized by law, all the records, accounts,
books, papers, reports, and returns in all formats of all departments, institutions,
and agencies of the State, including the trustees or custodians of trust funds and
all municipal, school supervisory union, school district, and county officers who
receive or disburse funds for the benefit of the State, shall be made available to
the Auditor of Accounts. It shall be the duty of each officer of each department,
institution, and agency of the State or municipality, school supervisory union, school
district, or county to provide the records, accounts, books, papers, reports, returns,
and such other explanatory information when required by the Auditor of Accounts.
(b) In connection with any of his or her duties, the Auditor of Accounts may administer
oaths and may subpoena any person to appear before him or her. Such persons shall
testify under oath and be subject to the penalties of perjury and may be examined
concerning any matter relating to the statutory duties of the Auditor provided by
section 163 of this title. Nothing in this subsection shall limit a person’s Fifth Amendment rights against
self-incrimination. (Added 1959, No. 328 (Adj. Sess.), § 19; amended 1969, No. 219 (Adj. Sess.), § 3, eff. March 27, 1970; 1971, No. 149 (Adj. Sess.); 2007, No. 121 (Adj. Sess.), § 24; 2007, No. 169 (Adj. Sess.), § 6.)
§ 168. Single Audit Revolving Fund
(a)(1) The Single Audit Revolving Fund is established within the State Treasury, to be administered
by the Auditor of Accounts, from which payments may be made for the costs of audits
performed pursuant to subdivisions 163(1), 163(2), and 5404a(l) of this title and 24 V.S.A. § 290b.
(2) All monies received from charges made for audit services under the provisions of subsection
(b) of this section and sums that may be appropriated to the Fund shall be deposited
in the Fund.
(3) Any balance remaining in the Fund at the end of any fiscal year shall be carried forward
and remain a part of the Fund.
(b)(1) The Auditor of Accounts shall charge the State department, agency, commission, instrumentality,
political subdivision, or State-created authority audited for the direct and indirect
costs of an audit performed pursuant to subdivisions 163(1), 163(2), and 5404a(l) of this title and 24 V.S.A. § 290b.
(2) Costs shall be determined by the Auditor of Accounts and costs associated with subdivisions
163(1) and (2) of this title shall be approved by the Secretary of Administration. (Added 1985, No. 122 (Adj. Sess.), § 2, eff. April 17, 1986; amended 2005, No. 215 (Adj. Sess.), § 288; 2019, No. 104 (Adj. Sess.), § 2; 2019, No. 154 (Adj. Sess.), § E.130, eff. Oct. 2, 2020; 2021, No. 74, § E.130.)