It’s looking like Rebecca Otto will file a lawsuit to prevent private auditors from conducting audits:
State Auditor Rebecca Otto Wednesday reiterated her determination to take a recent change to her office’s responsibilities to court unless legislators repeal the new rules in a special session. “They’re going to have a special session and they can deal with this then,” Otto told MPR News host Tom Weber. “If they choose not to, they’ve made a choice. If they don’t want to [spend money on a lawsuit], they should take care of it in a special session.”
Gov. Dayton and Ms. Otto have gotten uppity about this. David Schultz has chimed in, too. Here’s my question to that trio: Where in Minnesota’s Constitution does it outline the State Auditor’s responsibilities?
I’ve read Article V. That’s where the Constitution establishes the office of State Auditor. Nowhere in Article V does it list the auditor’s responsibilities. Article V, Sect. 3 outlines the governor’s responsibilities. That’s the only constitutional officer whose responsibilities are defined in Minnesota’s Constitution.
Since the legislation passed by the legislature and signed by Gov. Dayton doesn’t attempt to abolish the State Auditor’s office, there isn’t a constitutional issue. The office is still intact. It’s just that the auditor’s responsibilities have changed. Here’s where things get tricky for the DFL.
Twenty-eight counties currently have the right to hire private auditors. That carve-out isn’t in the Constitution, meaning that changed through the passage of a state statute. If that change can happen through passing a state statute, why can’t other changes happen via state statute?
Otto argues the move is unconstitutional, and that it stands to gut her office.
Ms. Otto will lose that fight. Here’s why:
Anderson’s plan extends that option to all Minnesota counties, though it preserves Otto’s authority to double check private audits.
Sarah Anderson’s plan changes Ms. Otto’s responsibilities. It doesn’t eliminate Ms. Otto’s responsibilities, which is the linchpin constitutional argument.
If Rep. Anderson’s legislation sought to eliminate the State Auditor’s constitutional office, that legislation would be DOA. When the Treasurer’s office was eliminated in 1998, it was done with a constitutional amendment.
That doesn’t guarantee that the courts will do the right thing. Unfortunately, there are too many liberal jurists who either don’t understand the Constitution or they implement their policy preferences. Let’s hope that doesn’t happen in this instance. If it does, however, then it’s time for voters to vote out the justices that don’t follow the clear language of the Constitution.
Not even justices are above the law.
Technorati: Rebecca Otto, State Auditor, Constitutional Offices, Minnesota Constitution, Lawsuit, Mark Dayton, David Schultz, DFL, Sarah Anderson, MNGOP
