MEASURE

J

Shall the Berkeley City Charter be amended to clarify that the existing responsibilities and duties of the Auditor are authorized by the Charter and that sufficient funds shall be provided to support those responsibilities, subject to available resources?

THE SITUATION

The City Auditor has been performing internal financial and performance audits for many years under the City's historical interpretation of the current language of the City Charter. The Auditor's existing legal duties and responsibilities, however, are not explicitly stated in the Charter. Likewise, the City Auditor's work has been funded by the Council without mention in the Charter.

This Charter amendment Measure J, would provide for the explicit statement in the Charter of the existing and time-honored duties of the elected Auditor. These are:

• to have the authority and responsibility to conduct performance and financial audits or special studies of all aspects of Berkeley's government according to government auditing standards;

• to consult with the Mayor, Council, and the City Manager regarding the selection of audit entities, while retaining the final decision;
• to present the Council with a planned audit schedule at the beginning of each fiscal year;
• to have unrestricted access to employees, officials, records and reports, and to require, if necessary, the departments and officials to produce needed documents and information;
• to provide the Council and the public the Auditor's completed reports.

Further, the Charter amendment would state that funds shall be provided to carry out these responsibilities, subject to available resources.

·This is merely a housekeeping measure to ensure that the language of the City Charter accurately reflects long-standing practice.

· The proposed language is from Model Authorizing Legislation for Local Government Audit Functions of the National Association of Local Government Auditors.

· Similar language amended the Oakland City Charter two years ago to confirm the existing responsibilities of Oakland's electedCity Auditor to conduct audits and reviews.

· The Berkeley Mayor and City Council unanimously approved this amendment to the Charter.

· The Auditor believes that to state all this in the Charter would clarify what her duties and responsibilities are for all Berkeley citizens, government officials, and staff.

· There is no formal opposition.  

Miriam Hawley, AC Transit Director; Tom Bates, former Assemblymember; Judith Bloom, CPA; Paul W. Hammond, CPA and former Chair, Fair Campaign Practices Commission; Ann-Marie Hogan, Berkeley City Auditor.

MAJOR OPPONENTS

There is no formal opposition recorded in the Alameda County Voter Pamphlet.