Audit commission subpoena power debated; legal staff outlines enforcement limits

Committee members spent substantial time debating whether an independent Audit Commission should have subpoena power. Supporters said the authority is a backstop for rare circumstances in which documents cannot be obtained by other means; opponents raised concerns about cost, limited occasions for use and whether it would create the appearance of special treatment for one commission.

Legal counsel explained the mechanics: "That party would have the authority to go to court to try to quash that subpoena," and that court enforcement would be required if a party refused to comply. Counsel noted legislative subpoenas exist but typically require additional city action and sometimes litigation to perfect them; the staff said the power has been used infrequently in the city's history. After discussion, a majority of committee members expressed support for including subpoena authority in the charter draft as a tool the commission can use only after other channels fail.