State Government

State Offices Created by Constitution

CHAPTER 29. Auditor of Accounts

§ 2901. Definitions.

As used in this chapter:

(1) “Auditor” means the Auditor of Accounts.

(2) “State agency” means every department, bureau, division, officer, board or commission of the State.

29 Del. C. 1953, §  2901; 

§ 2902. Salary.

The annual salary of the Auditor shall be $24,000.

Code 1852, §  470;  24 Del. Laws, c. 92, §  1;  Code 1915, §  393;  37 Del. Laws, c. 51, §  2;  Code 1935, §  367;  45 Del. Laws, c. 76, §  347 Del. Laws, c. 246, §  2;  29 Del. C. 1953, §  2902;  54 Del. Laws, c. 57, §  455 Del. Laws, c. 404, §  457 Del. Laws, c. 329, §  361 Del. Laws, c. 539, §  3

§ 2903. Bond.

(a) The Auditor, before entering upon office, shall with sufficient sureties become bound to the State by a joint and several obligation, to be with the sureties approved by the Governor in the penal sum of $2,000 with condition “that if the above named ____________________ who has been (duly appointed or duly elected) to be ________________________ shall do well and diligently execute the office of ____________________ and duly and faithfully fulfill and perform all the trusts and duties to the office appertaining and truly and without delay deliver to the successor in office the seal and all the books, records and papers belonging to the office, safe and undefaced, then this obligation shall be void and of no effect or else shall remain in full force and virtue.”

(b) The obligation shall be filed and recorded in the Recorder’s office of Kent County.

(c) If any person elected or appointed Auditor shall not, within 7 days next after the day of taking office, become bound as required under this section, the appointment or election shall be void, and another person shall be appointed.

Code 1852, §§  457-459;  11 Del. Laws, c. 1724 Del. Laws, c. 90;  Code 1915, §  385;  32 Del. Laws, c. 25;  Code 1935, §  359;  29 Del. C. 1953, §  2903;  70 Del. Laws, c. 186, §  1

§ 2904. Deputy; appointment, compensation and powers.

The Auditor may appoint a Deputy at an annual salary of $11,000. The Deputy shall take the oath of office and shall act in the absence or disability of the Auditor when so designated by that official and may at all times countersign checks and drafts in the name of the Auditor if so authorized by the Auditor. The Deputy shall at all times be removable by the Auditor.

Code 1915, §  538A;  30 Del. Laws, c. 47;  Code 1935, §§  373A, 422;  41 Del. Laws, c. 7845 Del. Laws, c. 75, §  148 Del. Laws, c. 150, §  1;  29 Del. C. 1953, §  2904;  49 Del. Laws, c. 21654 Del. Laws, c. 57, §  555 Del. Laws, c. 404, §  570 Del. Laws, c. 186, §  1

§ 2905. Certification of amounts due from justices of peace [Repealed].

Repealed by 65 Del. Laws, c. 259, § 1, effective Apr. 28, 1986.

§ 2906. Duties of the Auditor of Accounts.

(a) The Auditor of Accounts shall conduct postaudits of all the financial transactions of all state agencies. Insofar as possible the audits shall be made no less frequently than biennially.

(b) At least quarterly during each fiscal year, the Auditor of Accounts shall arrange for an audit to determine that the books and records maintained by the office of the Secretary of Finance are kept in accordance with generally accepted accounting principles and are reconciled with the various bank accounts. In conjunction therewith, the Auditor of Accounts shall reconcile the records maintained by the office of the Secretary of Finance with the fund balances maintained and reported by the Director of the Office of Management and Budget.

(c) The Auditor of Accounts shall have sole responsibility for the arrangements under which the agency postaudits shall be conducted and for the selection of certified public accountants who shall make the postaudits. No other state agency or member, official or employee thereof shall have any part in, or responsibility for, the selection of the certified public accountants, nor shall they make any arrangements, agreements or contracts for the employment of the certified public accountants for the purpose of making agency postaudits.

(d) The expenses incurred for the performance of such agency postaudits upon authorization of the Auditor of Accounts shall be charged:

(1) To general fund appropriations of the General Assembly to the Office of Auditor of Accounts for Audits of general fund activity;

(2) To capital appropriations of the General Assembly to the several agencies for audits of capital fund activity; and

(3) To general fund appropriations and/or special fund accounts for audits of special fund activity. If there is any question as to the proper accounts to be charged, the question shall be resolved by agreement between the Auditor of Accounts and the Director of the Office of Management and Budget.

(e) This section shall not affect § 5109 of Title 14 which shall remain in full force and effect; however, any other provision which stands in conflict with this section shall be null and void.

(f) The Auditor of Accounts shall conduct postaudits of local school district tax funds budget and expenditures annually. The results of the audit shall be submitted to the local board, the State Board of Education, the office of Controller General and the local libraries within said school district. Expenses incurred for such postaudits herein authorized shall be borne by the local school districts.

(g) The Auditor of Accounts shall conduct postaudits of all agencies, associations and funds created directly or indirectly by the provisions of Title 18 or by the Insurance Commissioner.

(h) The Auditor of Accounts shall conduct audits of the State-funded portion of the finances of the University of Delaware as authorized by § 5109 of Title 14. The contractor conducting the audit shall be selected jointly by the University of Delaware and the Auditor of Accounts.

29 Del. C. 1953, §  2906;  54 Del. Laws, c. 39, §  956 Del. Laws, c. 322, §  157 Del. Laws, c. 45, §  165 Del. Laws, c. 263, §  168 Del. Laws, c. 317, §  168 Del. Laws, c. 428, §  169 Del. Laws, c. 64, §  7973 Del. Laws, c. 310, §  875 Del. Laws, c. 88, §  21(13)

§ 2907. Scope of audits.

(a) The audits shall be sufficiently comprehensive to provide, but not limited to, assurance that reasonable efforts have been made to collect all moneys due the State, that all moneys collected or received by any employee or official have been deposited to the credit of the State and that all expenditures have been legal and proper and made only for the purposes contemplated in the funding acts or other pertinent regulations.

(b) The audits shall be made in conformity with generally accepted auditing principles and practices.

29 Del. C. 1953, §  2907;  54 Del. Laws, c. 39, §  957 Del. Laws, c. 45, §  2

§ 2908. Clerical and professional assistance.

(a) Subject to appropriation limitations, the Auditor may:

(1) Employ such qualified office personnel and trained and experienced field personnel as are required to carry out such duties; and

(2) Engage the services of public accountants to make audits of selected agencies.

(b) If public accountants are hired, the individual or firm hired must be licensed to practice as a certified public accountant within the State.

29 Del. C. 1953, §  2908;  54 Del. Laws, c. 39, §  970 Del. Laws, c. 186, §  1

§ 2909. Audit reports.

(a) The Auditor of Accounts shall file written reports covering the Auditor’s postaudits with the state agency concerned, the Governor, the General Assembly, the Attorney General and the Director of the Office of Management and Budget; and, if the Auditor deems necessary, the Auditor may present special reports to the General Assembly for consideration and action.

(b) The audit reports shall set forth:

(1) Whether all expenditures have been for the purpose authorized in the appropriations therefor;

(2) Whether all receipts have been accounted for and paid into the State Treasury as required by law;

(3) All illegal and unbusinesslike practices;

(4) Recommendations for greater simplicity, accuracy, efficiency and economy; and

(5) Such data, information and recommendations as the Auditor of Accounts may deem advisable and necessary.

29 Del. C. 1953, §  2909;  54 Del. Laws, c. 39, §  970 Del. Laws, c. 186, §  175 Del. Laws, c. 88, §  21(13)

§ 2910. Subpoena power.

(a) In connection with other powers of the Auditor of Accounts, the Auditor shall have the power to administer oaths and compel the attendance of witnesses and the production of documents by the filing of a praecipe for a subpoena with the Prothonotary of any county of this State.

(b) A subpoena issued under this section shall be effective throughout this State.

(c) Service of such a subpoena shall be made by any sheriff of this State by serving the person to whom it is addressed personally or by leaving it at such person’s usual place of abode with a person of suitable age and discretion residing therein.

(d) Failure to obey a subpoena shall be punishable under the Rules of the Superior Court.

64 Del. Laws, c. 205, §  170 Del. Laws, c. 186, §  1