Measure AAA Changes the City Auditor’s Authority



Hold up, what does an auditor do?

Good question. An auditor is supposed to be the most independent office in city hall. An elected position, the auditor verifies the accuracy of the city’s books and records by conducting annual audits of all departments, offices, and commissions. Basically, their office makes sure the money that was supposed to go out, actually went out, and the money that was supposed to come in, actually came in.

The auditor also conducts performance audits, which determine how the city is spending its money and whether things are running efficiently.

The office has been held by Laura Doud since 2006.

Ok, so what's this measure about?

Measure AAA would make two changes. First, it would explicitly authorize the auditor to conduct performance audits of every department, board, commission, and office. While the auditor currently does them anyway, the charter does not explicitly give the office that power.

Second the measure removes language in the charter that gives the city auditor the right to “immediate access to all financial records” and to be provided all other reports and contracts “within ten days.” Instead this measure would give the auditor “timely access to all City records.”

Modernization or neutralization?

Supporters of the measure, including the current city auditor, say it clarifies the auditor’s role and empowers the office to conduct performance audits1. It will also eliminate ambiguities in the charter that could prohibit the auditor from obtaining necessary documents to conduct those performance, expanding the office’s investigatory scope to all city records instead of just financial records, supporters say.

A major sticking point for opponents is the semantic change from “immediate” to “timely” access to records requested by the auditor. This change could allow a department a larger window for coughing up records, they say, buying enough time for critical documents to hit the shredder and compromising the effectiveness of having an auditor as a safeguard against incompetence and corruption.

An outside auditor's perspective...

“[This measure] strengthens the functions of the auditor’s office,” said Eduardo Luna, the incoming City Auditor for Beverly Hills who spent eleven years as auditor of the City of San Diego and reviewed Measure AAA.

Asked what amount of time is ideal for records to be turned over for an audit, Luna said it varies based on the request. As an example he explained that during a water bill audit his office recently conducted, extracting certain necessary data was a little tricky and took extra time.

“We asked for customer billing information. I want to say it took, maybe six weeks, maybe eight weeks. That’s not timely but the way our financial system sorts the data it wasn’t readily available. We had to create special programing, special reports. You had to go to different sectors in the data and pull the information we were looking for in a specific manner,” Luna said.

And now a lawyer...

The Long Beach Reform Coalition, who oppose the measure, asked a lawyer to analyze the legal difference between timely and immediate.
“In my opinion, immediate carries the connotation of authority behind the request, without question or argument, and it would require expeditious action,
” Sonia Merida of the Oakland-based law firm Hartsuyer, Stratman & Williams said in an email. 

Timely on the other hand requires clarification by way of a deadline, she said, though in the end neither word has an airtight meaning.

Whoa, okay we're way in the weeds now. Why should I care?

While this may not be the sexiest of issues, having an auditor with robust powers to sniff out government waste and bad processes is important. For example, the auditor is currently looking into a contract between the city and a paving company to find out whether or not the city is being stiffed. In the end, that’s your money. 

[1] Militarily demobilized. Since WWII—which was both the death knell of European colonial empires as well as the starting shot of the American neocolonial era—Europe has had notoriously scant standing armies, and has been able to consistently slash government military spending domestically and as a percentage of their contributions to international diplomatic bodies such as the UN. This is because nowadays European nations very rarely find themselves in situations where they need to independently send their militaries abroad in order to secure trade routes, foreign resources, or privileges within markets overseas; the U.S. has been fulfilling that hard-power obligation for them for over half a century. The social results of Western Europe’s decreased militarization are striking, especially when contrasted with the U.S.: there is not a single country in Western Europe without universal healthcare, labor rights and welfare systems are strong, value is placed on corporate and financial regulation, environmental policy is lightyears ahead, and, not least of all, there is a robust governmental approach to curbing digital surveillance and reining in tech monopolies. Japan enjoys a similar arrangement with the U.S. in which it, too, is militarily demobilized yet is given full access to, and prominence in, the global economy. In the last decade there has been a reversing trend of remilitarization in some of these nations. That trend was hastened during the last four years as a result of Trump’s ultranationalist politics, but is likely to continue even after his departure in large part due to the growing bipolar geopolitical climate of competition between superpowers.

The “owner” bit of home-“owner” appears in scare quotes throughout the text for reasons that will shortly become apparent.

Nothing signals trouble quite like consensus.

More on them later.

And, anyways, what exactly remains “obvious” in an era “post-truth”?

I take as my starting position that even the “obvious” must be won.

It’s like Lenin said, you know…

Whether directly, or through a chain of investments, or through the wider speculative market in real estate.

I use “banks” in this piece as a stand-in for several sources of income that derive partly through the mortgaging of property and/or investment in institutions that have the power to mortgage property.

That is just its “ideology.”

The Ricardian “law of rent” explains that any location with an advantage over another location, can accrue an economic value, called “rent,” to the owner.

This happens without the owner needing to pitch in to create the advantage.

If the owner does pitch in, then the value accrued from that advantage cannot be called “rent.”

“Rent,” in economic terms, is only, precisely, the value accrued from that portion of the advantage for which the owner is not responsible. That is what we mean when we say, “Rent is theft.”

This does not mean places with lower property taxes ipso facto have higher property prices—and that is because the property tax is only one of the contributing factors. You could have zero taxes on land in Antarctica, for instance, and it would still sell for $0. This is why the introduction to the analogy controls for such variables.

This is the logical conclusion of believing two premises:

(1) All humans have an equal right to the Earth.
(2) Vaginal birth is a lottery system

Prop 13 is rent control for home-“owners.” You can learn more about its history and impact here.

“Hamlet” by William Shakespeare. Act 4, Scene 5

This is why the lobbyists who spend the most money to support the mortgage interest deduction are bankers, mortgagers, and realtors.

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