What San Diego voters overwhelmingly approved for the city auditor last year was formalized this week by the City Council.
Council approved a series of amendments to the city’s municipal code aimed at allowing the auditor’s office to retain its own lawyer in cases where there may be a conflict of interest between it and city attorney’s office.
The legal changes adopted this week culminate a yearslong effort that began even before City Auditor Andy Hanau took over the office. The matter was finally put on the ballot last year, and it was approved by two-thirds of voters.
“The overwhelming for Measure A is just the latest example of San Diego voters recognizing the importance of a strong and independent Office of the City Auditor,” Hanau said after the council vote.
The amendments codify the council’s Audit Committee authority to hire an outside lawyer when it sees fit. The council will continue to control the budget and contracting process.
Both Hanau and his predecessor, Kyle Elser, advocated for the right to bring in outside counsel in instances where cases under review by the auditor’s office directly conflict with interests of the elected city attorney.
Both auditors cited several cases in which the city attorney’s office withheld witnesses or documents from the city auditor under the attorney-client privilege or other legal claims.
The position adopted by former City Attorney Mara Elliott made completing several independent audits more difficult than it would otherwise have been, notably during an audit of city real estate practices that found serious lapses in professionalism.
Elliott succeeded in delaying the outside-counsel plan for several years before voters ed Measure A last year.
The arrangement won 4-1 from the council’s Audit Committee last month, with Councilmember Stephen Whitburn opposed. Whitburn voted no again on Tuesday but did not explain his opposition or comment on the code amendments.
Councilmember Vivian Moreno, who chairs the Audit Committee, said she was grateful to see the change finally adopted.
“Seventy percent of voters approved Measure A, so it’s important we have new guidelines in place,” she said before voting yes.
Hanau said he planned to move forward with hiring an independent lawyer soon.
“We plan to present a request for proposals to the Audit Committee in the near future, so we can bring independent counsel on board and further strengthen the independence of our audits and investigations,” he said.
