The role of the San Diego City Attorney is on the March 5 ballot. Here’s what to know

SAN DIEGO (FOX 5/KUSI) — On top of a slew of elected offices, San Diegans will be voting on several ballot measures, including one local initiative tied to the role of the city attorney.

Measure A, which was placed on the ballot by the San Diego City Council, would amend the city’s charter to allow auditor’s office to retain independent counsel for certain cases when officials believe the elected city attorney may have a conflict of interest.

Currently, the elected city attorney is designated as the sole legal advisor for all aspects of the city government, according to current City Attorney Mara Elliot.

The exact question on the ballot asked to voters in the city of San Diego is:

“Shall Charter section 40 be amended and section 40.2 be added to authorize the City Auditor and Audit Committee to use outside legal counsel instead of the elected City Attorney, subject to certain conditions, when the Audit Committee determines such use is in the public interest?”

A “yes” vote for the measure would approve the charter amendment to allow the city’s auditor and audit committee to use outside legal help in the course of their work. It will need a simple majority, or 50% of the vote, to pass.

San Diego’s guide to elections during the Mar. 5 presidential primary

Notable supporters of the measure include City Auditor Andy Hanau, City Councilmember Vivian Moreno, former California State Auditor Elaine Howle, Assemblymember David Alvarez and the Local Association of Government Auditors.

According to a ballot statement, supporters of the measure say it would help strengthen the auditor’s office in its mission to keep local agencies accountable through “objective, accurate and transparent audits.”

They added that other auditors across the federal, state and county level have similar access to independent legal counsel, as well as the city’s Ethics Commission and Commission on Police Practices.

“Measure A seeks to grant the City Auditor similar authority, and provides guardrails to ensure that the authority is used effectively,” the argument for the measure read.

The only registered opponent for the measure is retired public sector attorney Clifford Weiler, according to election documents.

In a ballot statement, he called the use of private counsel “meaningless political smoke and mirrors,” arguing the availability outside help would only incentivize the auditor to seek a “more favorable opinion” instead of the “free neutral analysis of the city’s elected counsel.”

“The proposed charter amendment epitomizes today’s unfortunate polarization … ‘I hired you, I can fire you, or can seek another more favorable advocate in the future,'” Weiler said. “The legal advisor for the auditor should continue to answer directly to the electors, not the individual or the committee that hires and fires that lawyer.”

Elliot did not officially register against the measure; however, she has been vocally against the measure in the past.

According to a report from the San Diego Union-Tribune, she argued the charter amendment is not needed, as the role of the auditor is limited to city departments and not elected officials — something former city auditors like Eduardo Luna have contested.

How do I vote in the upcoming election?

Early voting for the Mar. 5 presidential primary election is already well underway for voters across the county. To learn more about what this election means, FOX 5/KUSI has compiled a guide for voters heading into to the polls.

Ballots were mailed to registered voters in early February, ahead of voting opening up at the Registrar of Voters office in Kearny Mesa on Feb. 5. Drop boxes for voters to submit a completed mail-in ballot are also currently available.

The deadline to register for this election has passed; however, residents who still want to cast a ballot can do so by provisionally registering and submitting a conditional ballot.

On Feb. 24, select vote centers will begin to open up across the county for residents to:

• Vote in-person or drop off a mail-in ballot.

• Vote using an accessible ballot marking device.

• Receive assistance and voting materials in multiple languages.

All vote centers in San Diego County will open on Saturday, Mar. 2, with the final day of voting set for Tuesday, Mar. 5. They will be open daily from 8 a.m. to 5 p.m. until Election Day, when hours at all locations changes to 7 a.m. to 8 p.m., according to the Registrar of Voters office.

County election officials encourage voters to take advantage of mail-in or early voting opportunities ahead of the primary election day. Early voters will be able to track the status of their ballot through the U.S. Postal Service’s “Where’s My Ballot?” program.

To find an official ballot drop box or vote center nearby, voters can go to the Registrar of Voters’ website. Residents can also contact the Registrar of Voters at 858-565-5800 or toll free at 800-696-0136.

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