Rebecca Otto has been threatening to file a lawsuit against a bill signed into law by Gov. Dayton. Apparently, Ms. Otto isn’t too bright in terms of the law and Minnesota’s Constitution. Article V of Minnesota’s Constitution talks about the executive branch of state government. Specifically, it says “The executive department consists of a governor, lieutenant governor, secretary of state, auditor, and attorney general, who shall be chosen by the electors of the state. The governor and lieutenant governor shall be chosen jointly by a single vote applying to both offices in a manner prescribed by law.”

Nowhere in Article V, Section 1 does it outline the duties of the State Auditor. That’s properly left up to the legislature and governor to determine through state statutes. If the court sides with Ms. Otto, it will be clear proof that the DFL has turned them into a super-legislative body.

Rep. Sarah Anderson, the chair of the House State Government Finance Committee, issued a statement, saying “Just one day after the nonpartisan Office of the Legislative Auditor’s report was released on county audits which definitively stated that it is within the legislature’s power to define the duties and authority of the Office of the State Auditor, State Auditor Rebecca Otto has decided to waste taxpayer dollars to file a frivolous lawsuit against the State of Minnesota and a select group of counties,” said Rep. Anderson. “The legislature acted in a bipartisan manner last session to expand the options counties have for their audits to save local governments and taxpayers money, as well as expedite the audit process. This lawsuit has no merit, and I am disappointed it will come at the expense of hardworking Minnesota taxpayers.”

This is important:

On February 3, 2016, the nonpartisan Office of the Legislative Auditor released their report on county audits done by the OSA. Here are several key highlights from that report:

The Minnesota State Legislature has always defined the duties and authority of the State Auditor

Jim Nobles is a serious man. When he says that the legislature “has always defined the duties of the State Auditor”, it’s because he’s thoroughly researched the Constitution and state statutes. From a legal standpoint, Nobles’ research is probably air tight. Then there’s this:

  1. 34 percent of counties stated they were not satisfied with the cost of OSA audits
  2. The 2015 law change allows for price competition while still giving the OSA significant authority to continue to ensure that all audits meet certain standards and to hold counties accountable in how they spend public dollars
  3. 32 percent of counties said that audits done by OSA were not timely, and many expressed frustrations that the reports came too late to be useful in saving taxpayer dollars for their annual budget process

That’s poison from a political standpoint. It just isn’t surprising.

Technorati: , , , , , , , , , , , ,

2 Responses to “Rebecca Otto’s futile lawsuit”

  • Chad Q says:

    Ms. Otto isn’t too bright? Well what do you expect from someone not qualified to do their job? How she ever became auditor is beyond me. Oh that’s right, the D behind her name.

Leave a Reply