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Councilmember
Vincent Orange, Sr.
A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT
OF COLUMBIA
To declare, on an emergency basis, the Sense of the
Council vote of no-confidence in Inspector General Charles C. Maddox and
to request his resignation.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF
COLUMBIA, That this resolution may be cited as the "Sense of the
Council Vote of No-Confidence in Inspector General Charles C. Maddox
Emergency Resolution of 2002".
Sec. 2. The Council finds that:
(1) The District of Columbia expects that the person
hired to be the Inspector General of the District of Columbia will uphold
the letter and the spirit of the law with candor, integrity and careful
administration of the laws of the District of Columbia.
(2) The Committee on Government Operations held a
hearing on January 17, 2002 to examine the qualifications, term and
residence of Mr. Charles C. Maddox.
(3) The testimony of witnesses made under oath, at
the Committee on Government Operations January 17, 2002 hearing, and in
subsequent submissions raise questions about Mr. Maddox's candor,
credibility, integrity and ability to perform his duties as Inspector
General.
(4) The set of facts obtained by the Committee are
set forth in Section 3 of this resolution.
(5) The Council strongly supports the position that the person employed as
the Inspector General of the District of Columbia, the top investigator in
District Government, should conduct himself in harmony with the letter as
well as the spirit of District of Columbia laws and regulations.
(6) The testimony presented at the hearing and subsequent documentary
submissions has caused the Council's confidence in Mr. Maddox to be
irrevocably shaken.
(7) It is in the best interest of the District of Columbia for Charles
C. Maddox to resign as the Inspector General of the District of
Columbia.
(8) The Council hereby regrettably requests Mr. Maddox's resignation,
forthwith.
Sec. 3. The following facts were obtained by the Committee on
Government Operations:
On January 17, 2002, the Committee on Government Operations held an
oversight hearing on the qualifications, term and residence of the
Inspector General. The six hour hearing revealed the following facts that
are not in dispute:
STATEMENT OF FACTS
QUALIFICATIONS
1. The Inspector General Charles C. Maddox was not a member of the
District of Columbia Bar at the time of his appointment to be General
Counsel to the Office of the Inspector General.
2. In order to serve as General Counsel to the Office of the
Inspector General you must be a member of the District of Columbia Bar
or eligible to take the D.C. Bar.
3. Mr. Maddox served as General Counsel to the Office of the
Inspector General from April 13, 1998 to February 21, 1999, although he
was not a member of the District of Columbia Bar or eligible to take the
D.C. Bar.
4. On April 13, 1998, Mr. Maddox had 360 days to become a member of
the District of Columbia Bar.
5. Mr. Maddox graduated in 1993 from a law school, which was not
accredited by the American Bar Association (ABA) or the State of
Virginia. Mr. Maddox became a member of the Virginia State Bar in
1996.
6. In order for Mr. Maddox to become a member of the District of
Columbia Bar, he would have to be a member of a State Bar for five years
which would allow him to waive into the District of Columbia Bar or, in
light of his graduating from a non-accredited law school, enroll in an
ABA accredited law school and take 26 semester credit hours of classes
on subjects that are tested on the District of Columbia Bar Examination.
Subsequently, he would have to take and pass the District of Columbia
Bar.
7. Given the aforementioned requirements, it was impossible for Mr.
Maddox to become a member of the District of Columbia Bar within the
specified 360 day period, which commenced on April 13, 1998, as required
by law.
8. Mr. Maddox testified that he was unaware that he was required to
be a member of the District of Columbia Bar or eligible to take the D.C.
Bar, in order to be General Counsel to the Inspector General of the
District of Columbia.
9. Prior to the expiration of the 360 day requirement to become a member
of the District of Columbia Bar, Mr. Maddox was appointed Deputy
Inspector General on February 22, 1999.
10. On May 17, 1999, Mayor Anthony A. Williams forwarded a
transmittal letter to the Council of the District of Columbia announcing
the appointment of Mr. Maddox as Inspector General. The transmittal
letter stated that Mr. Maddox, most recently, served the District of
Columbia Government as General Counsel to the Office of the Inspector
General. Mr. Maddox's resume, which accompanied the transmittal letter,
also indicated that Mr. Maddox's last position with the District
Government was General Counsel to the Office of the Inspector
general.
11. Based on the documentation sent to the Mayor, the Council and the
Financial Authority, Mr. Maddox's nomination, confirmation and approval
took place without a full disclosure of Mr. Maddox's qualifications and
issues surrounding his Bar membership and the practice of law.
12. Mr. Maddox testified that he simply failed to update his resume.
He repeatedly stated that he did not intend to mislead the Council or
the Authority with respect to his qualifications.
TERM
1. On April 28, 1999, Councilmember Kathy Patterson, then Chairperson
of the Committee on Government Operations, sent Charles Maddox a letter
stating, among other things, "it is possible that this [hearing on
the operations of the Office of the Inspector General] might also become
a confirmation hearing depending on the Mayor's timetable in selecting
an Inspector General."
2. On May 17, 1999, Phyllis Jones, Secretary to the Council, informed
the members of the Council, of correspondence from the Mayor regarding
the nomination of Charles Maddox to be the Inspector General. Ms. Jones
stated in the written communication to the Councilmembers that "[t]he
attached correspondence from the Mayor provides notice to the Council of
his nomination of Charles Maddox as Inspector General. His resume is
attached for your review. The Council's 7 day consultation period begins
today, May 17, 1999...."
3. Mayor Anthony A. Williams stated in his May 17, 1999 letter the
following, "In accordance with Section 208 of the Procurement
Practices Act of 1985, I am pleased to nominate Mr. Charles Maddox as
Inspector General, where he was the principal legal advisor to the
Inspector General in all areas of the Office's operations, including
providing specific advice and guidance to both the audit and
investigation divisions of the Office. This nominee brings experience
and continuity to the job of the Inspector General. He will hold this
government to the highest standards of accountability and trust. I have
enclosed a summary of the nominee's experience and qualifications for
the Council."
4. Mr. Maddox's resume listed his Upper Marlboro, Maryland address as
well as his Maryland home telephone number, D.C. condominium telephone
number and his direct office telephone number.
5. In the SUMMARY portion of Mr. Maddox's resume it states
"presently serving as General Counsel to the Inspector General for
the District of Columbia " In the PRESENT POSITION section of Mr.
Maddox's resume it states the following:
...."[s]erves as the General Counsel to the District of Columbia
Inspector General. Principal legal advisor to the Inspector General in
all areas of the Office's operations, including providing specific
advice and guidance to both the Audit and Investigations Divisions of
the Office. Serves as the Freedom of Information Act Officer, the
Ethics Counselor, Legislative Liaison, Public Information Officer of
the Inspector General, Liaison to the Office of the Corporation
Counsel, the United States Attorney's Office, and other entities,
internally and externally, on issues of law, regulation, procedure or
policy."
6. On May 19, 1999, Councilmember Kathy Patterson, then Chairperson,
Committee on Government Operations, conducted a public oversight hearing
on the "Office of the Inspector General and Confirmation of Charles
Maddox as Inspector General."
7. On May 20, 1999, Mayor Anthony A. Williams executed Mayor's Order
99-81 which stated " Charles C. Maddox is appointed Inspector
General of the District of Columbia, subject to approval of the District
of Columbia Financial Responsibility and Management Assistance Authority
"
8. On May 20, 1999, the Council of the District of Columbia executed
resolution 13-136 the "Sense of the Council on Inspector General of
the District of Columbia Charles C. Maddox Confirmation Emergency
Resolution of 1999." The resolution stated " The Council of
the District of Columbia confirms the appointment of:
Charles C. Maddox
8020 Croom Station Road
Upper Marlboro, Maryland 20722
as Inspector General of the District of Columbia, in accordance with
section 208 of the Procurement Practices Act of 1985, ....replacing E.
Barrett Prettyman, Jr., for a term to end January 15, 2002 ....The
Council of the District of Columbia shall transmit a copy of this
resolution, upon its adoption, each to the nominee and to the Office of
the Mayor This resolution shall take effect immediately."
9. On May 26, 1999 under the signature of Alice M. Rivlin, Chair,
District of Columbia Financial Responsibility and Management Assistance
Authority, Washington, D.C. ("Authority"), the Authority
executed a resolution stating the following:
"WHEREAS, the Mayor of the District of Columbia has nominated
Charles C. Maddox for appointment as Inspector General of the District
of Columbia;
WHEREAS, the Council of the District of Columbia has expressed its
approval of the nomination;
WHEREAS, under Section 303(a) of Public Law 104-8, the
approval by a majority vote of the Authority is required for the
nomination to become effective;
WHEREAS, the Authority has determined that Charles C. Maddox is
eminently qualified to fill this vital position by reason of his
background, training, experience, temperament, character, integrity, and
demonstrated ability in public administration and investigations;
Now, therefore, the Authority hereby approves the nomination of
Charles C. Maddox to be appointed Inspector General of the District of
Columbia.
This appointment is effective immediately."
10. On May 27, 1999, Linda W. Cropp, Chairman of the Council, sent Mr.
Maddox a letter addressed to 8020 Croom Station Road, Upper
Marlboro, Maryland 20772, under her signature stating the
following, "....[e]nclosed is a copy of Council Resolution 13-136,
"Sense of the Council on the Inspector General of the District of
Columbia Charles C. Maddox Confirmation Emergency Resolution of
1999." This resolution was adopted by the Council during the May 20,
1999 Legislative Meeting. If you have any questions regarding this
resolution, please contact me on 724-8032 "
11. On May 27, 1999, Linda W. Cropp, Chairman of the Council, sent Anthony
A. Williams a letter addressed to 441 Fourth Street, N.W. 11th Floor,
Washington, D.C. 20001, under her signature stating the following,
".....[e]nclosed is a copy of Council Resolution 13-136, "Sense
of the Council on the Inspector General of the District of Columbia
Charles C. Maddox Confirmation Emergency Resolution of 1999. This
Resolution was adopted by the Council during the May 20, 1999 Legislative
Meeting. If you have any questions regarding this resolution, please
contact me on 724-8032."
12. Charles Maddox never contacted Linda Cropp regarding Council
Resolution 13-136.
13. Mayor Anthony A. Williams never contacted Linda Cropp regarding
Council Resolution 13-136.
14. In addition to Council Resolution 13-136 being sent to both Charles
Maddox and Mayor Williams, the Resolution was also published in the
District of Columbia Register, Vol. 46, No. 22 Friday, May 28, 1999.
15. Charles Maddox has testified that he has never seen Council
Resolution 13-136, never received Council Resolution 13-136 nor did he
read Council Resolution 13-136 in the District of Columbia Register, Vol
46-No. 22 Friday, May 28, 1999.
16. Mr. Maddox stated that had he seen Council Resolution 13-136 he would
have challenged its validity regarding the length of his term.
17. Mr. Maddox also stated that had he known that his appointment would
have been for 2.5 years, he would not have accepted the position to be
Inspector General for the District of Columbia.
18. Charles Maddox believes that his term as Inspector General ends on
May 15, 2005 as opposed to January 15, 2002 as stated in Council
Resolution 13-136.
RESIDENCE
1. Upon Mr. Maddox becoming Inspector General for the District of
Columbia on May 26, 1999, by law he had 180 days to become a bona fide
resident of the District of Columbia.
2. Public documents indicate that Mr. Maddox's principal residence is
located at 8020 Croom Station Road, Upper Marlboro, Maryland 20772.
3. Mr. Maddox's wife resides at 8020 Croom Station Road, Upper
Marlboro, Maryland 20772.
4. Public documents indicate that Mr. Maddox's District of Columbia
condominiums are listed as non-owner occupied.
5. Mr. Maddox testified that he lives with his adult son in one of the
D.C. condominiums.
6. Public documents indicate that Mr. Maddox has a truck registered in
the State of Maryland.
7. Mr. Maddox's most recent annual filing with the Virginia Bar list
his address as 8020 Croom Station Road, Upper Marlboro, Maryland
20772.
8. Mr. Maddox testified that he sleeps approximately two or three nights a
week in the District of Columbia.
9. Mr. Maddox stated that he has a DC drivers license, votes in DC,
pays taxes in DC and has two cars registered in DC.
10. Mr. Maddox stated that he simply failed to change the public
records to reflect his principal residence in the District of
Columbia.
11. District of Columbia law states [failure to become a District
resident or to maintain District residency shall result in forfeiture of
the position to which the person has been appointed.
12. Inspector General Maddox, in an effort to correct and amend his
statement under oath regarding taxes of his federal Civil Service pension,
sent a letter dated January, 22, 2002 to Chairman Orange, stating that the
tax on his federal pension income was inadvertently sent to the state of
Maryland and not to the District of Columbia as he had testified.
Sec. 4. The Council calls upon the Mayor to request that Mr. Maddox
immediately resign his position to maintain the public trust in the Office
of the Inspector General of the District of Columbia.
Sec. 5. The Secretary of the Council shall transmit a copy of this
resolution by certified mail to the Inspector General Charles C. Maddox at
his District of Columbia and Maryland addresses and to the Mayor.
Sec. 4. This resolution shall take effect immediately.
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Wednesday, February 06, 2002 |
STATEMENT
Although it has not been officially transmitted to me as yet, I have
reviewed the "Sense of the Council" resolution approved by the
Council yesterday calling for the resignation of Inspector General Charles
C. Maddox.
I note that, at the request of the Council's Committee on Government
Operations, the Department of Personnel is reviewing the Inspector
General's compliance with District residency laws and that the findings
and conclusions of this review are not, as yet, available. It is further
noted that the Office of the Inspector General is currently investigating
fundraising activities in the Executive Office of the Mayor.
As such, public comments by me on the substance of the issues raised in
the Council's resolution concerning Mr. Maddox would be inappropriate at
this time.
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Inspector General
717 14th Street, N.W., Washington D.C. 20005 (202)727-2540
Inspector Ceneral
FOR IMMEDIATE RELEASE
Wednesday, February 6, 2002 |
Contact:
Gloria Johnson at (202) 727-2540 |
STATEMENT BY INSPECTOR GENERAL CHARLES C. MADDOX
The vote by the City Council yesterday requesting that I resign is
premature. As I have stated previously, I believe that I am in compliance
with District regulations governing residency. I am cooperating fully with
an independent and objective investigation, which Chairman Cropp asked the
DC Director of Personnel to conduct.
To ensure my right to due process, this fact-finding investigation must
be completed first. Only then can all of the information necessary for a
legal conclusion be properly assessed for accuracy and relevance at an
administrative hearing as required by District Personnel Regulations. Once
this process is concluded, the Mayor will be in a position to take action,
as appropriate.
Let me also say that I believe it is entirely inappropriate for some
Members of the City Council to call for my resignation based on their
dissatisfaction regarding the timeframe for completing an ongoing
investigation into the fundraising activities of the Office of the Mayor.
By statute, I am required to conduct investigations independently and
without regard to political pressure. To the extent that this vote is an
effon by some members to force me to issue the investigative report before
I am sure that it is thorough and fair, then that effort has failed. I
will continue to focus my energies on conducting the important business of
this Office. |