Performance auditors around the country, which are sometimes unable to get the documents they want, are likely envious of a September 9 decision by the Denver City Council to give the city’s auditor’s office subpoena power when disputes occur with external groups that are recalcitrant to provide necessary information.

This has been a contentious issue in the City and County of Denver for some time. Back in 2021, the city council granted subpoena power for performance audits, but it subsequently decided that city staff could only look at documents in person, not online. That led the auditor, Tim O’Brien to sue the city.

The potentially unanticipated reaction: the council, in a desire to avoid a lawsuit took the expedient step of removing the auditor’s subpoena power entirely.

According to a clear article by Rebecca Tauber in the Denverite “Earlier this year, city council returned subpoena power to the auditor’s office so it could investigate claims of wage theft. But subpoena power for performance audits remained outlawed.”

Now, however, the subpoena power has been expanded to include all performance audits of contractors. As Tauber writes, “Sponsors of the bill say that subpoena power will help the auditor’s office do its job in holding external groups accountable for how they handle taxpayer money. That includes anything from nonprofits that provide social services to for-profit companies contracted at the airport, for example.”

Is it possible that this might give the auditor too much power? The council addressed that issue by giving the council’s audit committee oversight over the process. That committee includes not just the auditor, but also the mayor and six others who are appointed by the council. According to the Denverite article “’It’s a compromise that I think is workable,’” said Auditor Timothy O’Brien.

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