STATE AUDITOR SEEKS TO AVOID ACCOUNTABILITY

Missouri State Auditor Margaret Kelly appears to be arguing before a Cole County circuit court that the system of checks and balances between the legislative, executive and judicial branches of government doesn't apply to her office. While she certainly has a right to her opinion, her actions set a dangerous precedent for the future of open government in Missouri.

Kelly's lawsuit was filed after she refused to turn over documents requested by the Joint Committee on Legislative Research's oversight division, which is performing a management audit of her office. In an attempt to ensure her office is being run efficiently and that she and her staff actively pursue tips supplied by taxpayers, the committee has asked to review some of her work papers, the same papers Kelly looks at when she audits government agencies.

The auditor rightly claims that the names of citizens in those reports who have supplied information to her office deserve protection. That is why this matter has never been an issue with the committee. Long before Kelly filed her lawsuit, the committee gave her office permission to block out names and relevant details about those informants before submitting the papers to the committee. The committee doesn't want the name of any informant and believes the names should remain confidential.

Even with this offer of resolution, Kelly refuses to cooperate and has even asked for the audit of her office to be discontinued.

The system of checks and balances provided to us in the United States and Missouri constitutions ensure that power is spread equally among the three branches of government. That is why the Missouri General Assembly allows the auditor, serving the executive branch, to review the fiscal integrity and management of the Legislature. Missouri statutes permit a review of the auditor's office by the Missouri General Assembly every two years. The last audit was performed in 1992.

Previous bids to audit Kelly's office by private firms were rejected due to conflict-of-interest concerns. As a result, the Joint Committee on Legislative Research voted to perform this and five other audits this year. The committee has statutory authority for such reviews and has trained certified public accountants who can perform the audit, saving tax dollars.

By refusing to turn over taxpayer-funded work papers, Kelly is trying to invoke a special privilege to her office not afforded by any other branch of government. Additionally, as an employee of the taxpayers, Kelly shouldn't have any reason to deny her employers an opportunity to review her papers.

If anything, the auditor should be held to a higher standard of accountability by Missouri citizens. She shouldn't be trying to establish a fourth branch of government with no form of accountability.

If the auditor maintains her position on this matter, then the review of her office could be delayed for months or even years. This is too long a period for her office to be unaccountable to the public.

Donald Prost, a state representative from Caruthersville, is chairman of the Joint Committee on Legislative Research.