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2018 Georgia Code 50-6-6 | Car Wreck Lawyer

TITLE 50 STATE GOVERNMENT

Section 6. Department of Audits and Accounts, 50-6-1 through 50-6-32.

ARTICLE 1 GENERAL PROVISIONS

50-6-6. Audit of school and university systems; local boards of education authorized to employ accountants; generally accepted accounting standards; audit report contents'.

  1. It shall be the duty of the Department of Audits and Accounts thoroughly to audit and check the books and accounts of the county superintendents of schools and treasurers of local school systems, of municipal systems, of the several units of the University System of Georgia, and of all other schools receiving state aid and making regular and annual reports to the State School Superintendent, showing the amount received, for what purpose received, and for what purposes expended. All such funds held by officials must be kept in banks separate from their individual bank accounts.
  2. Notwithstanding any other provisions of this chapter, the local boards of education of the several county, independent, and area public school systems of this state shall be authorized to have an additional audit made of the books, records, and accounts of the public school system over which any such board has jurisdiction. The local boards of education shall be authorized to employ certified public accountants of this state to make the audits and to expend funds for the audits which are received by any such board for educational purposes.
  3. All audits of such public school systems shall be conducted in conformity with generally accepted standards and principles of governmental accounting and auditing and shall be subject to the standards, rules, and ethics promulgated by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The audit report shall include the auditor's unqualified opinion upon the presentation of the financial position and the results of the operations of the public school system which is audited. If the auditor is unable to express an unqualified opinion, he shall so state and shall further detail the reasons for qualification or disclaimer of opinion including recommendations necessary to make possible future unqualified opinions.

(Ga. L. 1919, p. 288, § 65; Ga. L. 1931, p. 7, § 96; Code 1933, § 40-1812; Ga. L. 1965, p. 668, § 1; Ga. L. 1994, p. 97, § 50.)

JUDICIAL DECISIONS

Effect of local Act providing for independent audit.

- O.C.G.A. § 50-6-6(a) imposes a duty upon the Department of Audits and Accounts to conduct an audit of all schools receiving state aid. O.C.G.A. § 50-6-6(b) authorizes local boards of education to have an additional audit. Thus, a local Act which provides for an independent audit does not conflict with the general Act but simply requires the county board to do that which the general Act says it may do. Glynn County Bd. of Educ. v. Lane, 261 Ga. 544, 407 S.E.2d 754 (1991).

Separate bank accounts.

- Provision of this section that all public funds held by officials must be kept in banks separate from their individual accounts can be understood not as requiring officials to deposit public money in a bank, but as meaning that if the officials so deposit the account must be separate from their individual accounts. It is unlikely that the legislature by these brief words intended to make all banks public depositories and relieve the officials of responsibility, with no provision for selecting proper banks or taking security from them. Whipple v. American Sur. Co., 92 F.2d 673 (5th Cir. 1937).

Agenda of school board is discretionary.

- Citizen was not entitled to a writ of mandamus directing a school board to place the citizen on the board's agenda because setting the agenda was a discretionary act that was not subject to mandamus and none of the statutes cited by the citizen, O.C.G.A. §§ 20-2-1160(a),45-10-1, and50-6-6(b), imposed a duty on the board to place the citizen on the board's agenda. James v. Montgomery County Bd. of Educ., 283 Ga. 517, 661 S.E.2d 535 (2008).

Cited in Landrum v. Thomas, 52 Ga. App. 257, 183 S.E. 140 (1935); Mathew v. Ellis, 214 Ga. 665, 107 S.E.2d 181 (1959).

OPINIONS OF THE ATTORNEY GENERAL

This statute on the statute's face is constitutional. 1963-65 Op. Att'y Gen. p. 731.

Audit of noneducational funds.

- Language "books, records, and accounts of the public school system over which any such board has jurisdiction" is broad enough to lead a school board to conclude that the board could utilize public school funds to procure a private audit not only of educational funds, but also of all noneducational funds under the board's jurisdiction; however, such use would be unconstitutional by Ga. Const. 1976, Art. IX, Sec. V, Para. I (see Ga. Const. 1983, Art. IX, Sec. IV, Para. II). 1963-65 Op. Att'y Gen. p. 731.

Expenditure of common school funds by local school boards.

- Local school boards may expend common school funds to employ certified public accountants to audit the records and accounts of the school system the boards administer. 1976 Op. Att'y Gen. No. 76-72.

Department as part of executive branch.

- Department of Audits and Accounts is part of executive branch of state government because the duties of the department are similar to the traditional duties of a state department of audits and relate closely to the executive branch of the government. 1970 Op. Att'y Gen. No. 70-37.

RESEARCH REFERENCES

C.J.S.

- 81A C.J.S., States, § 245 et seq.

Cases Citing Georgia Code 50-6-6 From Courtlistener.com

Total Results: 2

James v. Montgomery County Board of Education

Court: Supreme Court of Georgia | Date Filed: 2008-05-19

Citation: 661 S.E.2d 535, 283 Ga. 517, 2008 Fulton County D. Rep. 1697, 2008 Ga. LEXIS 431

Snippet: performance.' [Cits.]"). Likewise, *536 OCGA §§ 50-6-6(b)[1] and 45-10-1,[2] other statutes cited by James

Glynn County Board of Education v. Lane

Court: Supreme Court of Georgia | Date Filed: 1991-09-06

Citation: 407 S.E.2d 754, 261 Ga. 544, 1991 Ga. LEXIS 401

Snippet: private firm of certified public accountants. OCGA § 50-6-6(a) requires that the Department of Audits and Accounts