Government
Dec. 13, 2016
State auditor facing tests in the state Legislature
The state auditor, who investigated the State Bar and is looking into the Commission on Judicial Performance, has herself come under the scrutiny of an influential legislator.
Daily Journal Staff Writer
The state auditor, who investigated the State Bar and is looking into the Commission on Judicial Performance, has herself come under the scrutiny of an influential legislator.
The chair of the powerful Legislative committee that can order the auditor to investigate government agencies recently posted ads seeking outside candidates to apply for the position that State Auditor Elaine Howle has held for the past 16 years.
In January, Assemblyman Freddie Rodriguez, D-Pomona, plans to break from recent tradition by submitting the names of two qualified outside candidates to the other members of the Joint Legislative Audit Committee (JLAC).
If the committee approves the nominations, these names will be sent along with Howle's to Gov. Jerry Brown, who will then choose an auditor to serve the next four-year term. Rodriguez became JLAC chair in March.
On the first day of the new legislative session, Rodriguez submitted two bills to increase oversight of the auditor's office.
One bill, AB 32, would require JLAC to post the auditor's job and conduct a search for candidates every four years. The other, AB 31, would extend whistleblower protections to employees of the auditor's office ? the agency assigned to investigate whistleblower complaints in other state agencies.
The auditor regularly reviews spending by judicial branch, from county courts up through the Judicial Council and the state Supreme Court. Under Howle's watch, the auditor has also issued several reports critical of the State Bar.
In October, the CJP sued the auditor's office in San Francisco County Superior Court. The agency that monitors and disciplines the behavior of judges in California challenged the auditor's right to audit the agency's decision-making processes. JLAC voted to order the CJP audit in August at the request of several powerful legislators.
Howle was appointed by Gov. Gray Davis in 2000. She completed her fourth four-year term in November, and will continue to serve until she is reappointed or a new auditor is named.
The last three times Howle came up for reappointment, JLAC has nominated Howle along with two of her top deputies, without conducting an outside search for candidates.
At Rodriguez's request, JLAC posted a job listing on at least four government jobs websites seeking "qualified candidates to nominate for the position of California State Auditor."
"If you are looking for the opportunity to promote the efficient and effective management of public funds and to bring more transparency and accountability to state and local government operations and programs, this is your chance to make a difference," the ad read.
Rodriguez's office confirmed they have chosen two outside candidates to submit to JLAC to nominate next month, along with Howle.
"The work performed by our State Auditor is essential to the Legislature's oversight of government operations and programs," said Rodriguez in a press release. "The reputation of their work should always remain above question. To better ensure the appointment process serves this vision, I believe the Joint Legislative Audit Committee should take the lead in conducting a more transparent and thorough search for candidates."
AB 31 would allow "an employee of the California State Auditor's Office to file a written complaint alleging reprisal, retaliation, or similar prohibited acts with the employee's supervisor or manager or with the Joint Committee on Rules."
"It is also our responsibility to ensure all employees of the state are protected by whistleblower protection laws, which is critical to identifying waste, fraud, abuse, and mismanagement in government," Rodriguez said in his press release.
A spokeswoman for the auditor's office declined to comment. Rodriguez's office did not comment on the record by press time.
malcolm_maclachlan@dailyjournal.com
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
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