City Attorney Randy Nelson said the City Council needs to either abide by the city charter dealing with the appointment of an independent auditor or have the charter changed.
Councilman Leamon Pierce had pointed out that the charter requires the council to appoint an internal auditor who is independent of the mayor.
The council has an analyst position that is now held by Randy Burns. Council members said some who initially held that post were auditors, but recent appointees have focused on other duties.
Stan Sewell, who was hired when the administration of Mayor Ron Littlefield beefed up auditing, acknowledged he does report to the mayor, but he said his audits are initiated without the influence of the mayor.
"The mayor does not tell us what to audit," he said.
He said he and his staff focuses on "high dollar" areas and operations where cash is involved.
He said in earlier administrations there was an auditor supervisor with several auditors and clerical staff. He said under recent administrations that was reduced to just one female employee.
Councilman Pierce said of the situation, "This is a power struggle. The mayor is saying, 'Give me all the power.'"
Councilman Duke Franklin said the council may need to re-institute auditing duties in the analyst position.