City Council Members Claim They Were Cut Out Of Audit Response

Two Long Beach City Council members have asked for more time to respond to the state Comptroller's audit of the city, claiming that the acting city manager went behind the council's back.

Council Members John Bendo and Scott Mandel wrote to Ian McCraken, the comptroller's chief examiner, and asked him to give the city 45 more days to respond to the audit. They claim that they were only recently informed that outside counsel Anthony Capozzolo would be responding to the audit, without input from the City Counsel and without showing them the response before it was submitted.

They claim that Capozzolo was hired by people who are under investigation for receiving payments, including Acting City Manager Robert M. Agostisi, who is also the corporation counsel for the city.

"In short, those people that are included in the on-going investigations have retained counsel without the knowledge of the City Council, are controlling the content of the city's response to your draft audit, and have excluded the City Council from reviewing and/or approving any proposed response to the draft audit," the two wrote.

Earlier this month, Agostisi announced that he was leaving the city, effective Oct. 1. Bendo and Mandel asked for the 45-day extension to give the City Council time to respond after Agostis leaves, they said.

In a post on Facebook, Bendo alerted the public to a meeting that was taking place between the auditors and representatives from the city, including Agostisi and City Council President Anissa Moore. However, the city responded by saying that Agostisi was not present at the meeting, having recused himself from being involved in the city's response to the audit.

"Additionally, the entire City Council was invited to schedule a time to meet with the State Comptroller's exit team," the city wrote in a statement. "Moreover, the Municipal Auditor stated that his office can meet only one Council member at a time."

In their letter, Bendo and Mandel implied that City Council members were deliberately cut off from the audit process by some city employees.

"City Council position are 'part time' and City Council members are employed in full-time jobs outside of the City of Long Beach," the two wrote. "Due to this, City Council members are essentially dependent on full-time city officials, such as the acting city manager and corporation counsel, for their information. Information has been withheld from the City Council, and/or reluctantly provided, which has resulted in an inability for the City Council to fully and properly participate and respond to the draft audit."

You can read the letter that Bendo and Mandel sent in its entirety below.