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Chairman
Linda W. Cropp, at the request of the Mayor
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Council Chairman Linda W. Cropp introduced the
following bill which was referred to the Committee on Government
Operations/
To amend the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 to grant the Inspector General
independent authority to appoint and terminate Office of Inspector General
personnel; to amend the District of Columbia Procurement Practices Act of 1985
to provide that the Inspector General may be removed for cause with
the approval of 2/3 of the members of the Council present and
voting, to eliminate the salary cap for the Inspector General, to provide
that the Mayor shall not interfere with the operation of the Office of the
Inspector General, to require the District of Columbia Auditor to
coordinate with the Office of the Inspector General, to require the
Inspector General to forward to the Mayor for resolution disputed findings
and recommendations resulting from Office of Inspector General audits and
inspections, to authorize the Inspector General to conduct investigations
of the District of Columbia Housing Authority on the Inspector General's
own initiative, to expand the law enforcement authority of the Office of
Inspector General, to require the Office of the Inspector General to
include in its annual report the status of findings and recommendatiori
forwarded to the Mayor for resolution; to amend Section 501 of the
District of Columbia Theft and White Collar Crimes Act of 1982 to
impose criminal penalties for the obstruction of Office of Inspector
General audits or inspections; and to amend Section 23-501(2) of
the District of Columbia Code to include designated employees of the
Office of the Inspector General.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this act may be cited as the "Office of Inspector General
Independence and Law Enforcement Amendment Act of 2001".
Sec. 1. Section 903 of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C.
Law 2-139; D.C. Code §1-610.3(a)(2)), is amended by:
(a) Striking the phrase ", of which 60 may be allotted to and
designated by the Office of the Inspector General." at the end of the
first sentence.
(b) Inserting the phrase "The Inspector General may determine the
total number of authorized positions within the Office of the Inspector
General to be designated as Excepted Service policy positions." as
the third sentence in that subsection.
Sec. 2. Section 208 of the District of Columbia Procurement Practices
Act of 1985, effective February 21, 1986, (D.C. Law 6-85; D.C. Code
§1-1182.8), as amended by the Office of the Inspector General Powers and
Duties Amendment Act of 1999, effective April 5, 2000, (D.C. Law 13-71) is
amended as follows:
(a) Subsection (a)(1)(A) is amended as follows:
(1) A new sentence is inserted, after the second sentence, to read as
follows: "During a year which is not a control year, the Inspector
General shall be 16 subject to removal only for cause by the Mayor, and
approval of the removal by, 17 resolution approved by 2/3 of the members
of the Council present and voting.".
(2) Subparagraph (E) is amended by striking the phrase ", except
that such rate may not exceed the rate of basic pay payable for level IV
of the Executive Schedule.".
(3) A new subparagraph (F) is added to read as follows:
"(F) Employees of the Office of the Inspector General shall be
appointed by, shall serve at the pleasure of, and shall act under the
direction and control of the Inspector General.".
(4) A new subparagraph (G) is added to read as follows:
"(G) The Mayor shall not prevent or prohibit the Inspector
General from initiating, carrying out, or completing any audit,
investigation, or inspection, or from issuing any subpoena during the
course of any audit, investigation, or inspection.".
(b) Subsection (a)(3) is amended as follows:
(1) Subparagraph (B) is amended by striking the phrase ", with
the exception of the District of Columbia Auditor,".
(2) A new subparagraph (J) is added to read as follows:
"(J) Forward to the Mayor for resolution any significant
finding and recommendation resulting from an audit or inspection that
has not been resolved between the Inspector General and the agency
subject to the audit or inspection within six months from the date of
the Inspector General's final report.".
(c) Subsection (b)(2) is amended to read as follows:
"(b)(2) The Inspector General and the District of Columbia
Auditor shall give due regard to the activities of their respective
organizations with a view toward avoiding duplication and insuring
effective coordination and cooperation. The Inspector General and the
District of Columbia Auditor shall take appropriate steps to assure that
work performed by auditors, inspectors and investigators within or for
their respective offices shall comply with the standards and procedures
determined through the application of this subsection. However, this
subsection should not be interpreted to require the sharing of
confidential information, which if divulged, would be detrimental to the
mission of either organization.".
(d) Subsection (e-1) is amended by inserting the phrase "or upon
the Inspector General's own initiative." at the end.
(e) Subsection (f-1) is amended to read as follows:
(1) Paragraph (2) is amended to read as follows:
"(f-1) To make an arrest without a warrant if the employee has
probable cause to believe that a violation of a federal or District of
Columbia statute is being committed in his or her presence, or for any
felony violation of a federal or District of Columbia statute if the
employee has probable cause to believe that the person to be arrested
has committed such felony, provided that the arrest is made while the
employee is engaged in the performance of his or her official duties
within the District of Columbia or a District government facility
located outside of the District;".
(2) Paragraph (3) is amended to read as follows:
"(3) To serve as an affiant for, to apply to an appropriate
judicial officer for, and execute warrants for arrest, search of
premises, or seizure of evidence if the warrant is issued under
authority of the District of Columbia or of the United States upon
probable cause.".
(f) Subsection (f-2) is amended to add a new paragraph (9) to read as
follows:
"(9) A description of the status of all significant findings and
recommendations that have remained unresolved for over six months and
that the Inspector General has forwarded to the Mayor for final
resolution, including an opinion as to the appropriateness of the final
resolution and the risks, if any, to the District that may result from
the final resolution.".
Sec. 3. Section 501 of the District of Columbia Theft and White Collar
Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Code
§ 22-721(4)) is amended by inserting the phrase "(including
investigations, audits, and inspections conducted by the District of
Columbia Office of the Inspector General)" after the word
"investigation."
Sec. 4. Section 23-501(2) of Title 23 of the District of Columbia Code
is amended as follows:
(a) Strike the phrase "or the Fire Marshal" and insert the
phrase "the Fire Marshal" in its place.
(b) Insert the phrase ` ; or an employee of the District of Columbia
Office of the Inspector General who is so designated in writing by the
Inspector General" at the end of paragraph (2).
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report
as the fiscal impact statement required by section 602(c)(3) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
813; D.C. Code § 1-233(c)(3)).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the
event of veto by the Mayor, action by the Council to override the veto),
approval by the Financial Responsibility and Management Assistance
Authority as provided in section 203(a) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995, approved
April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), a 60-day period
of Congressional review as provided in section 602(c)(2) of the District
of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C.
Code §1-233(c)(2)), and publication in the District of Columbia Register.
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COMPARISON OF OIG AUTHORITY UNDER THE CMPA, PPA, THEFT AND WHITE
COLLAR CRIMES ACT, D.C. CODE AND THE PROPOSED BILL
| SUBJECT |
COMPREHENSIVE MERIT PERSONNEL ACT |
PROPOSED BILL |
| Inspector General independent authority to |
No provision |
Statutorily eliminates the authority of theMayor to
allot 60 Excepted Service appoint and terminate OIG personnel
positions with the OIG. Authorizes the Inspector General to
determine the total number of authorized Excepted Service policy
positions. |
| SUBJECT |
PROCUREMENT PRACTICES ACT |
PROPOSED BILL |
| Removal of the Inspector General -- during a control
year |
Mayor can remove for cause with the approval of the
District of Columbia Financial Responsibility and Management
Assistance Authority , or by the Authority |
Same language - no change |
| Removal of the Inspector General-during a
non-control year |
No provision |
Removal by the Mayor for cause and approval of
removal by resolution approved by 2/3 of Council (present and
voting) |
| Appointment of OIG employees |
No provision |
Appointment by the Inspector General |
| Removal of OIG employees |
No provision |
Removal by the Inspector General |
| Salary of the Inspector General |
Salary not to exceed pay for level IV of the
Executive Service |
Statutorily removes salary cap |
| Term of OIG employees |
No provision |
No term - serve at the pleasure |
| Strengthen independence of the OIG by preventing
interference with operations |
No provision |
Prohibits Mayor's interference with OIG operations |
| Coordination by the District of Columbia Auditor |
OIG receives advance notification of all external
audits conducted by any District government entity except the
District of Columbia Auditor |
OIG receives advance notification of all external
audits conducted by any government entity, without exception |
| Resolution of audit and inspection findings and
recommendations |
No provision |
Requires that the Mayor resolve any significant OIG
audit or inspection finding or recommendation that remains
unresolved within six months from the date of the OIG's final
report |
| Mandatory cooperation between the OIG and the
District of Columbia Auditor |
Inspector General required to give due regard to the
activities of the District of Columbia Auditor and to ensure OIG
auditor, inspector and investigator compliance with standards and
procedures determined by the application of the subsection |
Requires that the Inspector General and the District
of Columbia Auditor give due regard to the activities of their
respective agencies and ensure that their respective auditors,
inspectors and investigators comply with standards and procedures
of the subsection, except that there is no requirement to share
confidential information, which if divulged, would be detrimental
to the mission of either entity |
| Independent investigations of the District of
Columbia Housing Authority |
Inspector General may undertake reviews and
investigations of the District of Columbia Housing Authority and
make determinations or render opinions, as requested by the
Council |
Authorizes the Inspector General to additionally
undertake reviews and investigations, and make determinations of
render opinions upon the Inspector General's own initiative |
| Full law enforcement authority |
OIG investigators can make an arrest without a
warrant if there is probable cause to believe that a felony
violation of a federal or District of Columbia statute has been
committed in his or her presence, while on official duty; serve as
an affiant for, apply for and execute search warrants for premises
and seizure of evidence if the warrant is issued upon probable
cause |
Authorize OIG investigators to make an arrest if
there is probable cause to believe that a violation of a federal
or District of Columbia statute has been committed in his or her
presence, or for any felony if there is probable cause to believe
the person arrested committed such felony; to serve as an affiant
for, apply for and execute arrest warrants and search warrants for
premises and seizure of evidence if the warrant is issued upon
probably cause |
| Annual reporting on the status of unresolved audit
and inspections findings and recommendations. |
No provision |
Requires that the Inspector General, in the OIG's
Annual Report, provide the status of significant findings and
recommendations that remain unresolved for over six months
and have been forwarded to the Mayor; provide an opinion on the
appropriateness of the final resolution and risks, if any, to the
District that may result from the final
resolution |
| SUBJECT |
THEFT AND WHITE COLLAR CRIMES ACT |
PROPOSED BILL |
| Criminal penalties for the obstruction of OIG audits
and inspections |
No provision |
Includes OIG audits, inspections and investigations
in the definition of "official proceedings" |
| SUBJECT |
D.C. CODE §23-501(2) |
PROPOSED BILL |
| Law enforcement officer defined |
OIG personnel are not included in the definition |
Include OIG personnel as designated by the Inspector
General in writing |
Prepared by the Office of the Inspector General
June 20, 2001
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