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��' �r- ��F�'ELl.� Schedule of Findings and Questioned Costs (continued) Year Ended December 31,2005 2005-2 CITY A�3M�iXSTTtATT'VE PENALTIES 1. Finding Minnesota Statute § 169.022 states that all political subdivisions, municipalities, and local authorities shall not enact or enforce any rule or regulation in conflict with the provisions of Minnesota Statute � 169 unless expressly authorized within the statute. Local authorities may adopt traffic regulations which are not in conflict with the provisions of this chapter, provided that when any local ordinance regulating traf�c controls covers the same subject for which a penalty is provided for in this chapter, then the penalty provided for violation of local ordinance shall be identical with the penalty provided for in Minnesota Statute § 169 for the same offense. The City's police department was issuing civil penalties for seat belts and expired plates at a lower rate than the rate set by the state in Minnesota Statute � 169, with all fees collected being retained by'.�� City. 2. Recommendation We recommend the City discontinue the practice of issuing civil penalties for seat belts and expired plates at a lower rate than the rate set by the State in Minnesota Statute � 169. 3. Management's Response The City discontinued the practice in mid-2005 2005-3 CLAIMS DECLARATION 1. Finding Minnesota Statues § 471.38 and � 471.391 state that no claims shall be paid until the claimant presents an itemized statement in writing or electronic transactionrecord. The statutes also state that the claimant must sign a declaration ia the effect that such account, claim, or demand is just and correct and that no part of it has been paid. The claim may be paid without this declaration as long as the checic order has placed above the �ndorserrze�t area a statement to the same effect. Since vendors paid through electronic rti� transfers do not endorse a city checic, the City must obtain this declaration through other means; preferably through a declaration on the vendor invoice. 2. Recommendation We recommend the City obtain a signed declaration to the effect that such account, claim, or demand is just and correct and that no part of it has been paid on all payments of the City including eleetrozzie fund transfers. 3. Management's Response It is recognized that the current statute was enacted prior to the development and use of electronic (non-checic) payment systems. The City, along with most municipalities, are worlcing with the League of Minnesota Cities, Minnesota Banlcers Association, and other groups to amend state statutes in a manner that will accommodate the widespread use of electronic payments. -lti�-