Texas House Rep. Jerry Madden files bill to limit auditor

by Bill Baumbach of of The Collin County Observer

Plano Representative Jerry Madden has filed a bill in the Texas Legislature that seeks to limit the ability of a county auditor to audit software and IT systems.

Presumably at the request of the Collin County Commissioners, on January 12, Madden filed HB561, "Relating to the authority of county auditors with respect to computer software and data of other local officers or departments."

The bill specifically removes the authority of the auditor to have "continual access" to the financial data, books and records of county officers. Instead of "continual access", the bill would only allow the auditor to "examine and investigate the correctness" of these records.

In addition, the bill prohibits the auditor from having direct access to "real time" data under the control of another county department without written permission from that department. Lastly, Madden's bill would remove any authority the auditor might exercise in mandating the use of specific software or components by other county departments.

At a legislative workshop held late last year, the commissioners specifically asked for one of the Collin County legislature's representatives to file this legislation on their behalf.

The Commissioners have lost two lawsuits seeking to limit the auditor's authority to access computer systems and data. While they have filed a notice of appeal, those I've spoken with believe an appeal is unlikely to succeed.

Repeated defeats in a court have not deterred the commissioners in this turf war over control of data.

The auditor is not under the control of the commissioners court, but is hired and answers to a board made up of the county's District Judges.

The Texas Constitution and the state's Government Code specify a number of county officials whose operations and budget are not under the control of the county commissioners court. Along with the auditor, the law makes the Purchasing Agent, Court Reporters and the Probation Departments independent of county commissioners court control.

In the case of the auditor and purchasing agent, the independence is designed into the law as a check and balance to try to thwart graft and corruption by elected officials. Such graft is not unknown in Texas (or in McKinney)- back in the 1980's a Collin County commissioner resigned after the auditor uncovered insider dealings between the county and a gravel operation owned by the commissioner. The commissioner ended up in the federal penitentiary for tax evasion.

Such checks and balances seem to rankle our commissioners. They've acted as if they resent any check on their prerogatives. Lately, in the commissioners court agenda, they have even begun to list all contracts and expenditures by departments not under their control with the caption, "Decisions mandated by legal entities outside of Commissioners Court authority". In addition, they have asked the county's legislative delegation to sponsor bills to limit the independence of the purchasing agent and auditor.

Two years ago, the commissioners court was unsuccessful in convincing the legislature to give control over the court reporters to the county commissioners court.

Madden's bill will most likely gain support from the Texas Association of Counties and other county centric organizations. Citizens groups and accounting lobbies are likely to oppose it.

Since the commissioners can't win in court, they have declared war, Madden is their hired mercenary.

Its all about power and turf. Its not about good government "of the people, by the people and for the people."