5200575 Resolution 20-678, "Inspector General Qualifications Emergency Declaration Resolution of 2014"

A RESOLUTION

20-678

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

October 28, 2014

 

To declare the existence of an emergency with respect to the need to amend the District of Columbia Procurement Practices Act of 1985 to align minimum qualifications for the position of Inspector General with federal standards.

 

 

RESOLVED, BY COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Inspector General Qualifications Emergency Declaration Resolution of 2014”.

Sec. 2. (a) On April 21, 2014, Charles J. Willoughby, after 9 years of service, announced his retirement from the position of Inspector General, effective May 19, 2014.

(b) The position of Inspector General is vital to the efficient and effective operation of the District government.  The Inspector General serves in an independent role to investigate waste, fraud, and abuse.  Moreover, the Inspector General performs tasks such as managing the Comprehensive Annual Financial Report.

(c) A national survey by the Department of Human Resources revealed that section 208(a)(1) of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 1-301.115a(a)(1)) (“Act”), as amended by the Inspector General Qualifications Amendment Act of 2003, effective July 30, 2003 (D.C. Law 15-26),  includes onerous provisions regarding the requisite qualifications for  appointment as Inspector General that are not found in other state or federal statutes.

(d) Among the 9 jurisdictions surveyed (Alexandria, VA; Atlanta, GA; Chicago, IL; Dallas, TX; Fairfax County, VA; Philadelphia, PA; Montgomery County, MD; Prince George’s County, MD; and the Commonwealth of Virginia), none requires an Inspector General to be both a lawyer and a certified public accountant (“CPA”).  In fact, none of the survey participants require their Inspector General to be an attorney.  Only 3 of the jurisdictions surveyed require their Inspector General to be a CPA, or any equivalent. 

(e) Before 2003, the requisite qualifications for appointment were substantively identical to the qualifications currently required for appointment as a federal Inspector General.  The statutes governing appointment of Inspectors General in many jurisdictions similar to the District of Columbia require these qualifications, as well.  Therefore, these qualifications are determined to be the standard for “best practices”.  

 (f) The Department of Human Resources contracted a firm to conduct a national search based on the current criteria for the position and did not find candidates who possessed these qualifications and who were also highly accomplished.  However, using the best practices criteria, extraordinary candidates were identified for consideration.

(g) Unless the requisite qualifications are amended to reflect best practices criteria, the District will be in jeopardy of being unable to confirm the most highly accomplished candidate for the position of Inspector General.

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Inspector General Qualifications Emergency Amendment Act of 2014 be adopted after a single reading.

Sec. 4. This resolution shall take effect immediately.