12/12/2019
Today, Clay County refused to answer questions from auditors as required by a subpoena issued more than two weeks ago. On Nov. 22, State Auditor Nicole Galloway issued a lawfully executed subpoena demanding records and testimony associated with a citizen-mandated audit of Clay County.
Clay County's attorney would not allow the assistant county administrator to answer questions asked by audit staff. Under state law, the auditor or her authorized representatives have the authority to take testimony of auditees under oath. In every audit, audit staff request documentation and question auditees as part of the audit process.
To avoid further delay, the State Auditor's Office will now take Clay County to court for a second time to demand compliance.
After a judge dismissed a lawsuit brought by Clay County in October, auditors sought documentation originally requested in December 2018 and January 2019. When county officials failed to fulfill the requests, Auditor Galloway issued a subpoena on Nov. 8 to require documents and testimony. Subsequently, on Nov. 11, the county filed a motion attempting to modify the judge's previous ruling related to the Auditor's authority. On Nov. 25, the assistant county administrator failed to appear and provide documentation as required by the Nov. 8 subpoena. As a result, on Dec. 4, the State Auditor's Office filed in Clay County court to demand compliance with the subpoena.
The county's unwillingness to cooperate with the citizen-mandated audit requires the State Auditor's Office to continue to evaluate available audit resources and legal options in order to ensure citizens get answers.
The audit of Clay County was initiated after a citizen petition was submitted to the Auditor's Office and then verified to have more than the minimum 5,590 signatures of county residents who are registered voters. The audit began in December 2018. In January 2019, Clay County sued to prevent the Auditor from conducting the citizen-mandated audit. An Oct. 24 court ruling confirmed the Auditor's legal authority to conduct performance audits and dismissed the County Commission's lawsuit against the Auditor.
