Code of the District of Columbia

§ 1–301.115a. Creation and duties of Office of the Inspector General.

(a)(1)(A) There is created within the executive branch of the government of the District of Columbia the Office of the Inspector General. The Office shall be headed by an Inspector General appointed pursuant to subparagraph (B) of this subsection, who shall serve for a term of 6 years and shall be subject to removal only for cause by the Mayor (with the approval of the District of Columbia Financial Responsibility and Management Assistance Authority in a control year) or (in the case of a control year) by the Authority. The Inspector General shall not serve in a hold-over capacity upon the expiration of his or her term.

(A-i)(i) If a vacancy in the position of Inspector General occurs as a consequence of resignation, disability, death, or a reason other than the expiration of the term of the Inspector General, the Mayor shall appoint a replacement to fill the unexpired term in the same manner provided in subparagraph (C) of this paragraph; provided, that the Mayor shall submit the nomination to the Council within 30 days after the occurrence of the vacancy. A person appointed to fill the unexpired term shall serve only for the remainder of the term.

(ii) If a vacancy occurs, no person shall serve on an acting basis as the Inspector General unless the person meets the requirements of subparagraph (D-i) [repealed] of this paragraph.

(A-ii) The Inspector General first appointed by the Mayor by and with the advice and consent of the Council, on or after November 4, 2003, shall serve until May 19, 2008. Each Inspector General appointed to fill the position after May 19, 2008 shall serve a 6-year term to end May 19, 2014 and every 6 years thereafter.

(B) During a control year, the Inspector General shall be appointed by the Mayor as follows:

(i) Prior to the appointment of the Inspector General, the Authority may submit recommendations for the appointment to the Mayor.

(ii) In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.

(iii) After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under sub-subparagraph (ii) of this subparagraph, the Mayor shall notify the Authority of the nomination.

(iv) The nomination shall be effective subject to approval by a majority vote of the Authority.

(C) During a year which is not a control year, the Inspector General shall be appointed by the Mayor with the advice and consent of the Council. Prior to appointment, the Authority may submit recommendations for the appointment.

(D) The Inspector General shall be appointed:

(i) Without regard to party affiliation;

(ii) On the basis of integrity;

(iii) With demonstrated supervisory and management experience; and

(iv) With demonstrated experience and ability, in the aggregate, in law, accounting, auditing, financial management analysis, public administration, or investigations.

(D-i) Repealed.

(E)(i) The Inspector General shall be paid at a rate established by the Mayor, subject to Council approval by resolution.

(ii) On or after March 14, 2007, the Mayor may re-determine the compensation of the incumbent Inspector General retroactive to the date of his appointment.

(2) The annual budget for the Office shall be adopted as follows:

(A) The Inspector General shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Home Rule Act [§  1-204.41 et seq.], for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Office for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to §§ 1-204.46 and 1-206.03(c), without revision but subject to recommendations, including recommendations on reallocating any funds from the Inspector General's estimates to other items in the District budget.

(B) Amounts appropriated for the Inspector General shall be available solely for the operation of the Office, and shall be paid to the Inspector General by the Mayor (acting through the Chief Financial Officer of the District of Columbia) in such installments and at such times as the Inspector General requires.

(3) The Inspector General shall:

(A) Conduct independent fiscal and management audits of District government operations;

(B) Receive notification in advance of all external audits conducted by any District government entity, with the exception of the District of Columbia Auditor, and immediately provided with a copy of any final report issued;

(C) Serve as principal liaison between the District government and the U.S. General Accounting Office;

(D) Independently conduct audits, inspections, assignments, and investigations as the Mayor shall request, and any other audits, inspections and investigations that are necessary or desirable in the Inspector General’s judgment;

(E) Annually conduct an operational audit of all procurement activities carried out pursuant to this chapter in accordance with regulations and guidelines prescribed by the Mayor and issued in accordance with § 2-302.05 [repealed];

(F)(i) Forward to the appropriate authority any report, as a result of any audit, inspection or investigation conducted by the office, identifying misconduct or unethical behavior; and

(ii) Forward to the Mayor, within a reasonable time of reporting evidence of criminal wrongdoing to the Office of the U.S. Attorney or other law enforcement office, any report regarding the evidence, if appropriate;

(G) Pursuant to a contract described in paragraph (4) of this subsection, provide certifications under § 47-3401.01(b)(5);

(H) Pursuant to a contract described in paragraph (4) of this subsection, audit the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under § 1-204.48(a)(4);

(I) Not later than 30 days before the beginning of each fiscal year (beginning with fiscal year 1996) and in consultation with the Mayor, the Council, and the Authority, establish an annual plan for audits to be conducted under this paragraph during the fiscal year under which the Inspector General shall report only those variances which are in an amount equal to or greater than $1,000,000 or 1% of the applicable annual budget for the program in which the variance is found (whichever is lesser); and

(J) During fiscal year 2006 and each succeeding fiscal year, conduct investigations to determine the accuracy of certifications made to the Chief Financial Officer of the District of Columbia under § 1-204.24d(28) of attorneys in special education cases brought under the Individuals with Disabilities Education Act in the District of Columbia.

(4) The Inspector General shall enter into a contract with an auditor who is not an officer or employee of the Office to:

(A) Audit the financial statement and report described in paragraph (3)(H) of this subsection for a fiscal year, except that the financial statement and report may not be audited by the same auditor (or an auditor employed by or affiliated with the same auditor, except as may be provided in paragraph (5)) for more than 5 consecutive fiscal years; and

(B) Audit the certification described in paragraph (3)(G) of this subsection.

(5) Notwithstanding paragraph (4)(A) of this subsection, an auditor who is a subcontractor to the auditor who audited the financial statement and report described in paragraph (3)(H) of this subsection for a fiscal year may audit the financial statement and report for any succeeding fiscal year (as either the prime auditor or as a subcontractor to another auditor) if:

(A) Such subcontractor is not a signatory to the statement and report for the previous fiscal year;

(B) The prime auditor reviewed and approved the work of the subcontractor on the statement and report for the previous fiscal year; and

(C) The subcontractor is not an employee of the prime contractor or of an entity owned, managed, or controlled by the prime contractor.

(a-1) It is the purpose of the Office of the Inspector General to independently:

(1) Conduct and supervise audits, inspections and investigations relating to the programs and operations of District government departments and agencies, including independent agencies;

(2) Provide leadership and coordinate and recommend policies for activities designed to promote economy, efficiency, and effectiveness and to prevent and detect corruption, mismanagement, waste, fraud, and abuse in District government programs and operations; and

(3) Provide a means for keeping the Mayor, Council, and District government department and agency heads fully and currently informed about problems and deficiencies relating to the administration of these programs and operations and the necessity for and progress of corrective actions.

(b)(1) In determining the procedures to be followed and the extent of the examinations of invoices, documents, and records, the Inspector General shall give due regard to the provisions of this chapter and shall comply with standards established by the U.S. Comptroller General for audits of federal establishments, organizations, programs, activities and functions, and shall comply with standards established by the President’s Council on Integrity and Ethics for investigations and inspections, and generally accepted procurement principles, practices, and procedures, including federal and District case law, decisions of the U.S. Comptroller General, and decisions of federal contract appeals boards.

(2) The Inspector General shall give due regard to the activities of the District of Columbia Auditor with a view toward avoiding duplication and insuring effective coordination and cooperation. The Inspector General shall take appropriate steps to assure that work performed by auditors, inspectors and investigators within or for the Office of the Inspector General shall comply with the standards and procedures determined through the application of this subsection.

(b-1) The Inspector General shall not disclose the identity of any person who brings a complaint or provides information to the Inspector General, without the person’s consent, unless the Inspector General determines that disclosure is unavoidable or necessary to further the ends of an investigation.

(c)(1) The Inspector General shall have access to the books, accounts, records, reports, findings, and all other papers, items, or property belonging to or in use by all departments, agencies, instrumentalities, and employees of the District government, including agencies which are subordinate to the Mayor, independent agencies, boards, and commissions, but excluding the Council of the District of Columbia, and the District of Columbia Courts, necessary to facilitate an audit, inspection or investigation.

(2)(A) The Inspector General may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Inspector General.

(B) If a person refuses to obey a subpoena issued under subparagraph (A) of this paragraph, the Inspector General may apply to the Superior Court of the District of Columbia for an order requiring that person to appear before the Inspector General to give testimony, produce evidence, or both, relating to the matter under investigation. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt.

(3) The Inspector General is authorized to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to perform the Inspector General’s duties. The Inspector General is authorized to delegate the power to administer to or take from any person an oath, affirmation, or affidavit, when he or she deems it appropriate.

(d)(1) The Inspector General shall compile for submission to the Authority (or, with respect to a fiscal year which is not a control year, the Mayor and the Council), at least once every fiscal year, a report setting forth the scope of the Inspector General’s operational audit, and a summary of all findings and determinations made as a result of the findings.

(2) Included in the report shall be any comments and information necessary to keep the Authority, the Mayor and the Council informed of the adequacy and effectiveness of procurement operations, the integrity of the procurement process, and adherence to the provisions of this chapter.

(3) The report shall contain any recommendations deemed advisable by the Inspector General for improvements to procurement operations and compliance with the provisions of this chapter.

(4) The Inspector General shall make each report submitted under this subsection available to the public, except to the extent that the report contains information determined by the Inspector General to be privileged.

(e) The Inspector General may undertake reviews and investigations, and make determinations or render opinions as requested by the Authority. Any reports generated as a result of the requests shall be automatically transmitted to the Council within 10 days of publication.

(e-1) The Inspector General may conduct an annual inspection and independent fiscal and management audit of the District of Columbia Housing Authority, beginning the first fiscal year of the Authority. In addition, the 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.

(f) In carrying out the duties and responsibilities established under this section, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal or District criminal law.

(f-1) An employee of the Office of the Inspector General who, as part of his or her official duties, conducts investigations of alleged felony violations, shall possess the following authority while engaged in the performance of official duties:

(1) To carry a firearm within the District of Columbia or a District government facility located outside of the District, provided that the employee has completed a course of training in the safe handling of firearms and the use of deadly force, and is qualified to use a firearm according to the standards applicable to officers of the Metropolitan Police Department. The employee may not carry a firearm in the course of official duties unless designated by the Inspector General in writing as having the authority to carry a firearm. The Inspector General shall issue written guidelines pertaining to the authority to carry firearms, the appropriate use of firearms, firearms issuance and security, and the use of force;

(2) To make an arrest without a warrant if the employee has probable cause to believe that a felony violation of a federal or District of Columbia statute is being committed in his or her presence, 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; and

(3) To serve as an affiant for, to apply to an appropriate judicial officer for, and execute a warrant for the search of premises or the seizure of evidence if the warrant is issued under authority of the District of Columbia or of the United States upon probable cause.

(f-2) The Inspector General shall prepare an annual report not later than December 1st of each year, summarizing the activities of the Office of the Inspector General during the preceding fiscal year.

(f-3) Failure on the part of any District government employee or contractor to cooperate with the Inspector General by not providing requested documents or testimony needed for the performance of his or her duties in conducting an audit, inspection or investigation shall be cause for the Inspector General to recommend appropriate administrative actions to the personnel or procurement authority, and shall be grounds for adverse actions as administered by the personnel or procurement authority, including the loss of employment or the termination of an existing contractual relationship.

(f-4) Anyone who has the authority to take or direct others to take, recommend, or approve any personnel action, shall not, with respect to this authority, take or threaten to take any action against another as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(f-5) A peer review of the Office of the Inspector General’s audit, inspection and investigation sections’ standards, policies, procedures, operations, and quality controls shall be performed no less than once every 3 years by an entity not affiliated with the Office of the Inspector General. Any final report shall be distributed to the Mayor, the Council and the Financial Responsibility and Management Assistance Authority.

(g) In this section:

(1) The term “Authority” means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47-391.01(a);

(2) The term “control year” has the meaning given such term under § 47-393(4); and

(3) The term “District government” has the meaning given such term under § 47-393(5).