In re Elk County Auditors

903 A.2d 652, 2006 Pa. Commw. LEXIS 409
CourtCommonwealth Court of Pennsylvania
DecidedJuly 28, 2006
StatusPublished
Cited by3 cases

This text of 903 A.2d 652 (In re Elk County Auditors) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Elk County Auditors, 903 A.2d 652, 2006 Pa. Commw. LEXIS 409 (Pa. Ct. App. 2006).

Opinion

OPINION BY

Senior Judge KELLEY.

Elk County appeals from an order of the Court of Common Pleas of the Fifty-Ninth [653]*653Judicial District, Elk County Branch (trial court) granting the Elk County Auditors (Auditors) an extension until July 1, 2005 to complete and file the 2004 audit and ordering that the Auditors are entitled to be compensated for auditing services actually performed, provided that that the total compensation may not exceed $40,494.

On April 7, 2005, the Auditors filed a petition with the trial court for an extension of time to prepare and file an annual report for the 2004 calendar year. The petition asserted that while the Auditors had completed approximately 65% of the audit and report for 2004, they would be unable to conduct and complete a thorough and detailed audit by the May 1st deadline for submission of the Auditors’ annual report mandated by Section 1721 of The County Code.1 The reasons alleged for the anticipated delay in preparing and submitting a comprehensive audit included increased time in becoming familiar with and reviewing the new Common Pleas Court Management System computer program used by the Elk County Probation and Parole Department, the increase in the scope and volume of the 2004 audit as compared to the prior year, and review of some 3,500 additional expenditure checks drawn on the general fund of Elk County.

Elk County filed an answer to the petition and new matter on April 15, 2005. In its answer, Elk County requested that the petition be dismissed and the extension be denied. In its new matter, Elk County raised the issue of compensation of services provided by the Auditors and asserted that the grant of an extension would result in the Auditors claiming compensation in excess of that budgeted by Elk County for 2005 in the amount of $33,560. Elk County specifically requested that the [654]*654trial court consider an alternate claim for relief in limiting Auditors’ compensation to the 2005 Elk County budget amount. In the reply to new matter, the Auditors asserted that if an extension was granted, the Auditors would not claim any compensation in excess of $40,904, the amount designated as the Auditors’ annual compensation in the original proposed Elk County budget for 2005.

A hearing on the petition was held before the trial court on May 9, 2005. On May 23, 2005, the trial court entered an order granting the Auditors an extension until July 1, 2005 to complete and file the 2004 audit. The trial court also determined that the Auditors were entitled to be compensated for auditing services actually performed to the provision that the total compensation could not exceed $40,904. This appeal by Elk County followed.

Herein, Elk County raises the following issues: (1) Whether the trial court had the power to extend the time for performance of the statutory audit required of the elected auditors under The County Code; and (2) Whether the trial court has the power to order the compensation of elected auditors beyond the monies appropriated in the Elk County budget.

In support of its appeal, Elk County first argues that the trial court lacked the authority to grant an extension of time to conduct the audit. Elk County contends that it has no objection to an extension of time for the Auditors to file their annual report because the late filing of the report has no meaningful impact on the conduct of county business. However, Elk County does object to the granting of an extension of time to conduct audit work, as opposed to just filing of the report, as this raises the issue of whether the Auditors or the trial court may invade the power of the Elk County Commissioners to control the purse strings of Elk County by claiming or awarding compensation beyond what is budgeted.

Elk County points out that Section 703 of The County Code requires that the Auditors complete their audit before the first day of April. However, Elk County argues that Section 703 only allows the trial court to grant additional time for completion of the report, not for the performance of the audit work. Elk County points to Section 1721 of The County Code which requires the Auditors to file their report by the first day of May. Elk County argues that the deadline contemplated by Section 1721 is the deadline for making the annual report and that the language of Section 1721 therefore necessarily grants the trial court only the authority to extend the time for filing the report. Elk County contends that these two sections do not provide authority to the trial court to grant added time to perform audit work.

Section 703 of The County Code provides as follows:

The Auditors shall assemble at the county seat on the first Monday of January in each year, and begin their audit of the fiscal affairs of the county for the fiscal year immediately preceding, and thereafter, at such times as they may find necessary for the completion of their audit before the first day of the following April. They may, upon petition to the court of common pleas, have such additional time for the completion of their report as the court shall allow. Any two auditors when duly convened shall be a quorum for the purpose of transacting any business.

16 P.S. § 703. Section 1721(a) of The County Code, provides, in pertinent part, as follows:

The auditors shall audit, settle and adjust the accounts of all county officers of [655]*655the county, and make an annual report thereof, on or before the first day of the following May, to the court of common pleas, unless upon due cause shown the court shall grant an extension of time therefor. Said report shall be in detail, showing distinctly and separately all receipts and expenditures of the several offices, and all debts and accounts due, and the amount raised from each source of revenue, and the expenditures in detail and classified by reference to the object thereof, together with a full statement of the financial conditions of the county, and a statement of the balance due from or to such county officers.

16 P.S. § 1721(a). As shown by the language of Section 703, the General Assembly chose to use the terms “audit” and “report” when referring to the duties and obligations of an auditor or auditors without making a specific distinction between the two terms. As correctly observed by the trial court, The County Code does not specifically define the term “audit”. The term “audit” is defined in Webster’s Third New International Dictionary as “a formal or official examination and verification of books of account”; “a methodical examination and review of a situation or condition ... concluding with a detailed report or findings”; and “the final report following a formal examination of books of account.” Webster’s Third New International Dictionary 143 (1986). Thus, based on the foregoing dictionary definition, the terms “audit” and “report” may be construed to be synonymous as used in Section 703 of The County Code.

Further the language of Section 1721(a) buttresses the conclusion that the General Assembly intended for the terms “audit” and “report” to be synonymous. Section 1721(a) requires the Auditors to audit, settle and adjust the accounts of all county officers of Elk County and make an annual report thereof by May 1st, to the trial court, unless the trial court grants an extension upon due cause shown. Section 1721(a) also provides exactly what the report must contain.

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Bluebook (online)
903 A.2d 652, 2006 Pa. Commw. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-elk-county-auditors-pacommwct-2006.