Why Denver’s auditor wants more subpoena power

The Auditor's Office may get more authority to obtain records and materials it says are crucial for the public good.

The big picture: The Denver City Council is scheduled to take a final vote Monday on a bill backed by City Auditor Tim O'Brien giving his office the ability to subpoena records to complete audits of businesses or organizations that have agreements with the city.

Why it matters: O'Brien says subpoena power is necessary to ensure his office can keep millions of dollars in taxpayer money accountable.

Yes, but: Some council members are skeptical about its need.

Context: The Auditor's Office has two divisions. One conducts probes on spending by city agencies, programs and contracts, while the other oversees compliance with local labor laws.

• The measure before the council is for its auditing division, which completes about 25 to 30 audits a year, according to O'Brien.

Flashback: The council in April unanimously approved a similar bill giving the auditor's labor division such authority .

The fine print: The new measure wouldn't allow the office to subpoena city agencies directly, only entities those agencies contract with, office spokesperson Tayler Overschmidt tells us. It would also limit information the office is entitled to under law.

Zoom in: Subpoenas would be a "rarely" used tool, Overschmidt says, for cases where the office struggles to obtain materials.

• The office seeks the authority in order to avoid filing lawsuits to produce those materials, which can be expensive.

Between the lines: Two audits in the past five years would have required subpoenas, executive director of Denver Labor, Matthew Fritz-Mauer, told council earlier this month.

The intrigue: The measure prompted some division among the typically agreeable council, which passed it 9-4 in an initial vote on July 8.

What they're saying: Councilmember Darrell Watson said during the July 8 meeting he felt "unease" about the idea, questioning whether the office would truly have difficulty completing audits without subpoena authority.

• Councilmember Sarah Parady, who sponsored O'Brien's bill, said during the same meeting she was "surprised" the office didn't already have it.

Zoom out: If the council approves the measure, Denver would join cities like Detroit, Portland and San Diego with auditor's offices with the same power.

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