Request By:
Mr. Arthur L. Schmidt
Kentucky House of Representatives
134 Winters Lane
Cold Spring, Kentucky 41076
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter asking whether KRS Chapter 75 requires an audit for a Volunteer Fire Prevention District and how often and by whom the audit is to be performed.
We direct your attention to KRS 75.255 which became effective June 21, 1974. That statute provides that at the end of each fiscal year, the boards of trustees of fire protection districts and volunteer fire department districts shall employ a certified public accountant to audit the books and records of the district. Note that fire protection and volunteer fire department districts not exercising their taxing authority pursuant to KRS 75.040 shall be exempt from the audit requirements. In addition, the audit requirements do not relieve any fire protection or volunteer fire department district from complying with the provisions of KRS 424.220 (publication of a financial statement).
For your information and consideration we are setting forth KRS 75.255 in its entirety.
"(1) At the end of each fiscal year, the board of trustees of fire protection districts and volunteer fire department districts shall employ a certified public accountant to audit the books and records of the district. The certified public accountant selected shall have no personal interest in the financial affairs of the board of trustees or in the financial affairs of the officers or employes of the district.
(2) Immediately upon completion of each audit, the accountant shall prepare a report of his findings and recommendations. Two (2) copies of this report shall be transmitted to each county court clerk within the fire protection or volunteer fire department district for the purpose of having the audit as part of the public records which shall, be open for public inspection. A copy shall be posted for not less than thirty (30) days.
(3) The actual expense of the audit report and the expense of the audit conducted shall be paid from the funds of the fire protection or volunteer fire department district.
(4) Fire protection and volunteer fire department districts not exercising their taxing authority pursuant to KRS 75.040 shall be exempt from the provisions of this section.
(5) This section shall not relieve any fire protection or volunteer fire department district from complying with the provisions of KRS 424.220."