|
Committee of Seventy
Expanded Testimony on the Mayor’s Proposal to Embed the
Office of the Inspector General in the Charter
Bill No. 080007 and Resolution No. 080039
Philadelphia City Council
Committee on Law and Government
February 19, 2008
Seventy supports the Mayor’s proposal to embed the Office of the Inspector General in the City Charter, making the OIG permanent and more independent of the executive branch. We understand that while practically speaking the current location of the OIG has not impeded the flow of information to external law enforcement agencies, it makes sense to insulate the Office from the administration. As we all know, cooperative personalities can come and go, while government structures are more difficult to change. By structuring the OIG as permanent and independent, we can be confident that the Inspector General and his or her staff remain beyond the reach of political influence.
While we do not suggest changing the mayoral appointment of an Inspector General at this time, we suggest Council consider some additional precautions to strengthen the independence and effectiveness of the Office:
- The Charter amendment should be as clear as possible on the division of responsibilities between the City’s ethics agencies, which include the Board of Ethics, the Controller’s Office, the Chief Integrity Office, and the Office of the Inspector General.
For example the Special and Fraud Investigations Division of the Controller’s Office is charged with investigating contract fraud, which would also come under the purview of the OIG. This is especially relevant because the amendment would extend the OIG’s reach to all parts of City government, not just individuals and transactions under the Mayor’s jurisdiction.
- Council should amend the legislation so that the appointment and removal of the Inspector General mirrors the Charter requirements for the Board of Ethics. Under the Mayor’s proposal, the Inspector General is appointed by the Mayor. Alternatively, Members of the Board of Ethics are appointed by the Mayor, but must be confirmed by City Council.[1] This is the method used for appointing Chicago’s Inspector General.[2]
Also under the Mayor’s amendment, the Inspector General can only be removed for cause and is given the opportunity for a hearing before the Mayor. Seventy favors a more stringent test for removal that applies to members of the Board of Ethics. There, removal for cause requires concurrence of two-thirds of Council members and only after a public hearing before City Council.[3] By layering the appointment and removal process, the Inspector General is better shielded from the administration.
Indeed, other parts of the amendment resemble restrictions on the members of the Ethics Board, such as a two five-year term limit, and a two year restriction on running for office after leaving the posts.
- It also makes sense to appoint an Inspector General whose professional experience qualifies him or her to perform the investigative duties of the office. To do so would be consistent with the Charter’s mandate that various City officials have relevant professional qualifications. For example, the City Solicitor must have five years experience in the practice of law.[4] The Charter also requires members of the City Planning Commission have professional credentials related to the Commission’s work.[5]
The proposed Charter amendment here does not specify any professional qualifications for the IG. Miami-Dade County requires its Inspector General to have at least 10 years experience in one or more of the following jobs: a federal, state or local law enforcement officer or government attorney, a federal or state court judge, or a position with progressive supervisory experience in an investigative public agency similar to an Inspector General’s Office.[6] New Orleans’s Inspector General must have at least five years experience as a federal law enforcement officer, federal or state judge, senior level auditor, inspector general, or lawyer with expertise in investigating fraud, corruption and abuse of power.
- The amendment also embeds the Inspector General’s salary in the Charter. Given the adjustable nature of salaries, Council should amend the provision to explicitly define the salary as a minimum amount, as opposed to a fixed number.
[1] Philadelphia Home Rule Charter § 3-806(a).
[2] City of Chicago Code § 2-56-020.
[3] Philadelphia Home Rule Charter § 3-806(f).
[4] Philadelphia Home Rule Charter § 3-304.
[5] Philadelphia Home Rule Charter § 3-800.
[6] Miami-Dade County Code § 2-1076(b). A candidate for Inspector General must also have managed and completed complex investigations involving allegations of fraud, theft, deception and conspiracy, demonstrated the ability to work with local, state and federal law enforcement agencies and the judiciary, and has earned a four-year degree from an accredited institution of higher learning.
|
