The Atlanta City Council has advanced legislation to restrict some of the responsibilities of the Office of Inspector General (OIG), the independent agency created to fight city corruption.
The council unanimously approved on Feb. 3 the first reading of an ordinance that, among other things, gives guidelines on how and where employee interviews are to be conducted and how to gain access to employee city and personal cell phones, laptops and other devices.
An amendment to the legislation made at the meeting by Council member Marci Collier Overstreet prohibits the OIG from using covert surveillance technology during an investigation.
A controversial recommendation to allow the city council and mayor to nominate members to the independent watchdog’s governing board was removed. The ordinance also now clarifies that if an OIG investigation uncovers criminal activity, it will forward its information to the proper local, state or federal law enforcement authorities.
Mayor Andre Dickens’ administration has pushed to curb the inspector general’s authority after city employees claimed they were being harassed by the OIG.
The council’s vote came just hours after City Attorney Patrice Perkins-Hooker wrote a cease-and-desist letter to Inspector General Shannon Manigualt, claiming the OIG has issued more than 50 illegal subpoenas.
State law requires an individual be notified when their financial records are subpoenaed as part of an administrative investigation, Perkins-Hooker said.
“The OIG obtained the financial records of individuals without informing them, raising serious concerns about breaches of privacy, due process, and liability. Additionally, the subpoena used by the OIG prohibited companies from notifying account holders, potentially exposing them to liability,” Perkins-Hooker said.
A spokesperson for Manigault’s office told Rough Draft in a statement that the OIG “immediately initiated measures to comply and preserve account holder protections.”
“Accountability is important and OIG owns its missteps. OIG had approached its subpoena process in good faith,” the statement said.
The OIG statement also said that one or more of the subpoenas issued to financial institutions were issued in “connection with criminal matter(s) referred to prosecutor(s).”
Some council members expressed serious concerns after hearing from members of the public that their financial records were subpoenaed by the OIG.
“I say we need to investigate the OIG,” said Council member Antonio Lewis. “We need to open up that investigation and make sure we’re protecting our city. And I think that she needs to resign.”
Council member Michael Julian Bond said Manigualt has “abused this office.”
“They have obviously a great legal resume, and coming into this job, they had to have known that there were few and little boundaries of their authority, and they have clearly abused it,” he said.
The changes to the OIG has to be made through a charter amendment, which requires two readings before the full council.
The legislation now goes to the Committee on Council for a final vetting.
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