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Section 2-506. Administrative Powers.

(a)  Administrative Authority.  The Auditor may establish such rules for the Office of the Auditor as the Auditor determines necessary to carry out the duties of the Auditor under this Charter.  Prior to the adoption, amendment or repeal of any rule, the Auditor shall provide reasonable public notice and opportunity for comment. The Auditor may adopt interim rules without prior notice upon finding that failure to act promptly will result in prejudice to the public interest and shall be effective for a period of not more than 180 days.

(b)  Deputies and Employees.  The Auditor may appoint and remove one chief deputy.  In addition, the Auditor may deputize other staff in the Auditor's Office to perform duties required by the Council or the Charter.  The Auditor may appoint employees and establish their compensation.  The Auditor may determine the number of employees necessary for the efficient and economic performance of the Office of the Auditor, subject to funding by Council.  Employees may perform any act or duty required by the Auditor, and the Auditor shall be responsible for their conduct.  The Auditor shall establish and administer human resources policies and rules for the Office of the Auditor that are consistent with City human resource policies and rules, including classification and compensation, except where the Auditor determines in writing that a City human resources policy or rule impairs the Auditor’s independence or ability to carry out the Auditor’s duties under this Charter.  The Auditor’s human resource policies and rules shall provide functionally equivalent protections as the Classified Service, including for-cause disciplinary review procedures for all Auditor’s Office employees with the exception of the Chief Deputy Auditor, Ombudsman, and Audits Director; employees hired under Section 2-507(a)6. of this Charter who are designated by Council as at-will; and employees subject to a collective bargaining agreement.   

(c)  Internal Controls and Periodic Review.  The Auditor shall ensure that the Office of the Auditor has adequate internal controls, complies with all applicable laws, and operates efficiently.  The Auditor shall contract periodically, but no less than every four years, with outside service providers to conduct organizational efficiency and compliance assessments, the results of which shall be made public.

(d)  Procurement.  The Auditor has all authority granted to a contracting agency under state law to procure or supervise the procurement of goods, services and personal services the Auditor finds necessary for the proper functioning of the Office. The Auditor shall adopt administrative rules governing the Auditor’s procurement practices and procedures that are consistent with City procurement policies and rules, except where the Auditor determines in writing that a City procurement policy or rule impairs the Auditor’s independence or ability to carry out the Auditor’s duties under this Charter.  

(e)  Legal Services.  The Auditor may obtain legal advice and representation from the City Attorney or may retain or employ independent legal counsel.  If the Auditor retains or employs independent legal counsel, the Office of the Auditor shall be the client and is entitled to the benefits and privileges thereof.

(f)  The Auditor may obtain advice, services and assistance from any City department, bureau, administrative agency, officer, employee or agent in the performance of the Auditor’s duties under this Charter or as may be prescribed by ordinance.

[Ch. 1903, sec. 271; rev. 1914, sec. 67; 1928 pub., sec. 67; 1942 recod., sec. 2‑403; rev. Nov. 6, 1962; am. Nov. 2, 1982; am. May 18, 1994; amended and recodified Section 2-503 May 16, 2017, effective June 14, 2017.]