CITY ATTORNEY’S IMPARTIAL ANALYSIS
This measure seeks to change the way that the City Auditor (Auditor) is appointed, removing the Mayor from the appointment process, and to reduce the Auditor's term of office from ten years to five years, with the possibility of one reappointment to an additional term.
The Charter presently provides that the Auditor is appointed by the City Manager (the Mayor under the Strong Mayor form of government), in consultation with the Audit Committee, and confirmed by the City Council (Council). The Auditor presently serves a ten-year term. The Charter does not address whether the Auditor may be reappointed.
Under the proposed Charter amendments, the Council must appoint the Auditor, from no fewer than three qualified candidates recommended by the Audit Committee. The Mayor will no longer be involved in the appointment process. The Audit Committee will review applicant qualifications, and may use staff from the Independent Budget Analyst's office and employ expert consultants, complying with City contracting rules, to assist.
The measure also reduces the Auditor's term of office from ten years to five years. The Council may reappoint the Auditor to a second five-year term without considering other candidates, upon the Auditor's application and a favorable recommendation from the Audit Committee. The Auditor will be limited to serving a maximum of two five-year terms, or ten years in total.
The amendments also add provisions for an interim Auditor, which did not previously exist. If the Auditor vacates the office before the end of a term, the principal assistant to the Auditor will serve as interim Auditor, if eligible to serve and confirmed by the Council. If the principal assistant is not eligible to serve or not confirmed by the Council, then the Council may adopt procedures to fill the vacancy on an interim basis. An interim Auditor may serve as long as necessary to complete a formal recruitment and appoint a successor Auditor. The interim Auditor may apply to serve as the successor Auditor and, if appointed, may serve a full five-year term, with the opportt.mity to serve a second full five-year term.
The Charter presently provides that the Council appoints the three public members of the Audit Committee from a pool of at least two candidates for each vacant position, to be recommended by a screening committee. This committee includes two outside financial experts. The Charter does not specify how long these financial experts may serve on the screening committee. Amendments clarify that the financial experts may serve until replaced by the Council. Amendments remove the City's Chief Financial Officer from the screening committee, and provide that the Councilmember serving as Chair of the Audit Committee will serve on the screening committee.
The measure also includes clarifying language for legal purposes.
The amendments were considered by the Council's Rules Committee, the Audit Committee, and the Council, which placed the measure on the ballot. If approved, the Charter amendments will take effect after they are chaptered by the California Secretary of State.