19-2907. Annual audit; failure or refusal of municipality; mandamus; damages; notice; State Treasurer; withhold distribution of funds; ineligibility for future distributions.
471 words·~2 min read·
/ne/chapter-19/19-2907A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Should any municipality fail or refuse to cause an annual audit to be made of all of its functions, activities, and transactions for the fiscal year within a period of six months following the close of such fiscal year, then and in such event, any resident taxpayer may make a written demand on the city council or village board of trustees of such municipality to commence such annual audit within thirty days, and if such demand is ignored, a mandamus action may be instituted by any taxpayer or taxpayers residing in such municipality against the municipal authorities of such municipality requiring the municipality to proceed forthwith to cause such audit to be made, and if such action is decided in favor of the taxpayer or taxpayers instituting the same, the municipal authorities of such municipality shall be personally, and jointly and severally, liable for the costs of such action, including a reasonable attorney's fee to be allowed by the court for the attorney employed by the taxpayer or taxpayers and who prosecuted the action.
Upon a failure, refusal, or neglect to cause such annual audit to be made as required by sections 19-2903 and 19-2904 , and a failure to file a copy thereof with the Auditor of Public Accounts as required by section 19-2905 , the Auditor of Public Accounts shall, after due notice and a hearing to show cause by such city or village, notify the State Treasurer of such failure to file a copy with the Auditor of Public Accounts. The State Treasurer shall, upon receipt of such notice, withhold distribution of all money to which such city or village may be entitled under the provisions of sections 39-2511 to 39-2520 , until such annual audit shall have been made and have been filed with the Auditor of Public Accounts.
If such annual audit is not filed within a period of six months from the time of the order and notice of delinquency given by the Auditor of Public Accounts to the State Treasurer, the amount so withheld shall be distributed to the other cities and villages in the county where such delinquent city is located. Upon compliance with the law requiring annual audits, the delinquent city or village shall again become entitled to distribution of all money to which it is entitled from the State Treasurer beginning with the date of such compliance.
If any city or village fails to reach compliance within twelve months after the time of the order and notice of delinquency given by the Auditor of Public Accounts to the State Treasurer, the city or village shall no longer be entitled to the distribution of money under sections 39-2511 to 39-2520 . Upon reaching compliance, the city or village shall become entitled to future distributions of money under sections 39-2511 to 39-2520 .