Inspector General Integrity Committee Establishment Amendment Act of 2001
Bill 14-332

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend the District of Columbia Procurement Practices Act of 1985 to establish the Inspector General Integrity Committee, to provide for the referral of allegations for investigation, to investigate allegations against the Inspector General and Senior staff members in the Office of the Inspector General, to provide for review of the report by the Committee and referral to the Mayor, and to establish policies and procedures for the Committee.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Inspector General Integrity Committee Establishment Amendment Act of 2001 ".

Sec. 2. The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), is amended by adding a new section 209 to read as follows:

"Sec. 209. Inspector General Integrity Committee.

"(a) There is established the Inspector General Integrity Committee ("Integrity Committee") which shall consist of the Chief Financial Officer, the Council Chairman, the D.C. Auditor, the Corporation Counsel, the Executive Director of the Office of Campaign Finance, the United States Attorney for the District of Columbia, and the Chief of the Metropolitan Police Department. The Chief Financial Officer shall serve as Chairperson of the Integrity Committee. The Integrity Committee shall:

"(1) Receive, review, and investigate all administrative allegations or allegations of wrongdoing, from any source, against the Inspector General ("IG"), the deputy and assistant IGs, or against any staff member of the Office of the Inspector General.

"(b) The IG shall refer any administrative allegation or allegation of wrongdoing against a senior staff member, or deputy or assistant IG, to the Integrity Committee when the IG determines that an objective internal investigation of the allegation is not feasible, or that an appearance of a conflict of interest would compromise the credibility of the internal investigation.

"(c) The Integrity Committee shall determine if there is a substantial likelihood that the allegation discloses a violation of any law, rule or regulation, or gross mismanagement, gross waste of funds or abuse of authority and shall refer the allegation to its Chairperson, who shall cause a thorough and timely investigation of the allegation to be conducted.

"(d) If the Integrity Committee determines that the allegation does not warrant further action, it shall close the matter without referral for investigation and notify the Mayor of the determination.

"(e) The Chairperson of the Integrity Committee, is authorized and directed to consider and, where appropriate, investigate allegations against the IG, and other staff members of the IG. At the request of the Chairperson of the Integrity Committee, heads of agencies and entities represented on the Integrity Committee shall provide resources necessary to the Integrity Committee to conduct the investigation. Employees shall be detailed to the Integrity Committee, subject to the control and direction of the Chairperson, to conduct an investigation pursuant to this subsection.

"( f ) The report containing the results of the investigation conducted pursuant to subsection (c) of this section shall be provided to the members of the Integrity Committee for consideration.

"(1) The Integrity Committee shall assess any report it receives pursuant to this section and determine whether the results require forwarding of the report, with Integrity Committee recommendations annexed thereto, to the Mayor for resolution. If the Integrity Committee determines that the report requires no further referral or recommendations, it shall notify the Mayor. An adverse recommendation by the Integrity Committee may constitute cause for removal of the subject of the investigation in accordance with § 2-302.08(a)(1)(A), at the discretion of the Mayor.

"(2) The Mayor shall notify the Integrity Committee of the final disposition of the matter, including what action, if any, has been or is to be taken, and when the action taken shall be completed. When the Integrity Committee receives notice of the final disposition, it shall notify the subject of the investigation that the matter referred to the Integrity Committee for review has been closed.

"(g) The Integrity Committee shall establish the policies and procedures necessary to ensure consistency in conducting investigations and reporting activities pursuant to this section.

"(1) The polices and procedures shall specify the circumstances under which the Integrity Committee, upon review of a complaint containing allegations of wrongdoing, may determine that an allegation is without merit and therefore the investigation is unwarranted. A determination by the Integrity Committee that an investigation is unwarranted shall be considered the Integrity Committee's final disposition of the complaint.

"(2) The policies and procedures may be expanded to encompass other issues related to the consideration of allegations against the IG and others covered by this subsection."

"(h) All records created and received pursuant to this section are records of the Integrity Committee and shall be maintained by the Chief Financial Officer.

"(i) This section is intended only to improve the internal management of the Executive Branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the District of Columbia, its officers, or any person."

Sec. 3. 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. Official Code §1206.02).

Sec. 4. This act shall take effect following approval by the Mayor (or in the event of a veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Official Code § 47-392.03(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206(c)(1)), and publication in the District of Columbia Register.