A small city I represent is undergoing an annual audit. I was informed by the mayor that the City Marshall/Police Chief (aldermanic city) is not going to allow the auditors into the PD evidence room. Which is obviously a huge red flag itself. Has anyone heard of something like this? Is there any validity to the idea that the auditor hired by the city would need any special orders like a subpoena, etc, to access an evidence room? I haven't had time to research it as I just got off the phone with the mayor about this and the auditors are going to be at the PD tomorrow. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling *580-759-0049*.

I agree this is a red flag but I’ve never heard of the auditors reviewing the PD’s procedures or evidence. I haven’t noticed this being addressed in any of the audits I’ve seen. Is the PD evidence room typically inspected during the course of the routine annual audit? I don’t think such an inspection is required or even authorized by 11 OS 17-105. Kim Spady From: Phillip Morton <mortonlawoffice@gmail.com> Sent: Monday, June 21, 2021 4:16 PM To: oama@lists.imla.org Subject: [Oama] Auditor Warrant Requirement A small city I represent is undergoing an annual audit. I was informed by the mayor that the City Marshall/Police Chief (aldermanic city) is not going to allow the auditors into the PD evidence room. Which is obviously a huge red flag itself. Has anyone heard of something like this? Is there any validity to the idea that the auditor hired by the city would need any special orders like a subpoena, etc, to access an evidence room? I haven't had time to research it as I just got off the phone with the mayor about this and the auditors are going to be at the PD tomorrow. Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com <mailto:MortonLawOffice@gmail.com> CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

I’ve never heard of a financial auditor wanting to get into an evidence and property room and would be a little concerned that they’d be asking to do so. You can have an audit of the E&P room but would want a trained professional to do it. In terms of - is it absolutely forbidden to let someone in there on City business, I’d say no - I’ve been on several, always on official business for the City. And I was always accompanied at all times by the PD Officer who was responsible for the room. The integrity of the room must be maintained. So while it may seem like a red flag from the PD side, I would suggest it’s at least as much a red flag from the auditor’s side and would only grow concerned if the PD was refusing to allow a trained professional or someone else on City business in there under direct supervision. Matt Sent from Matt’s iPhone > On Jun 21, 2021, at 5:11 PM, Kim@spadylaw.com wrote: > >  > I agree this is a red flag but I’ve never heard of the auditors reviewing the PD’s procedures or evidence. I haven’t noticed this being addressed in any of the audits I’ve seen. > > Is the PD evidence room typically inspected during the course of the routine annual audit? > > I don’t think such an inspection is required or even authorized by 11 OS 17-105. > > Kim Spady > > > > From: Phillip Morton <mortonlawoffice@gmail.com> > Sent: Monday, June 21, 2021 4:16 PM > To: oama@lists.imla.org > Subject: [Oama] Auditor Warrant Requirement > > A small city I represent is undergoing an annual audit. I was informed by the mayor that the City Marshall/Police Chief (aldermanic city) is not going to allow the auditors into the PD evidence room. Which is obviously a huge red flag itself. Has anyone heard of something like this? Is there any validity to the idea that the auditor hired by the city would need any special orders like a subpoena, etc, to access an evidence room? I haven't had time to research it as I just got off the phone with the mayor about this and the auditors are going to be at the PD tomorrow. > > Phillip N. Morton, J.D. > P.O. Box 1886 > Ada, OK 74820 > Phone: 580-759-0049 > Fax: 580-759-2177 > Email: MortonLawOffice@gmail.com > > CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049. > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org