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<baltimore-city-law heading="Article X – Office of the Inspector General">
  <section prefix="§" num="1" heading="Office of Inspector General:  Office Established.">
    <text>There is an Office of the Inspector General, the head of which is the Inspector General.</text>
    <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
  </section>
  <section prefix="§" num="2" heading="Office of Inspector General: Advisory board.">
    <para num="(a)" heading="In general.">
      <para num="(1)">The Inspector General is appointed by an advisory board to be comprised of 11members as provided in &lt;cite data-path="X|§2"&gt;this section&lt;/cite&gt;.</para>
      <para num="(2)">The advisory board is entitle to the assistance of the Baltimore City Department of Human Resources for purposes of advertising a vacancy and interviewing and hiring candidates for the position of Inspector General.</para>
      <para num="(3)">The Mayor must provide the advisory board with access to City resources to facilitate the advisory board’s completion of its responsibilities.</para>
    </para>
    <para num="(b)" heading="Qualifications.">An individual is qualified to serve as a member of the advisory board if the individual:<para num="(1)">is a Baltimore City resident;</para>
      <para num="(2)">is over the age of 21 years old;</para>
      <para num="(3)">has never been convicted of an offense under Section 16-201(a)(5) or (6) of the State Election Law Article; and</para>
      <para num="(4)">has a background in, or familiarity with, ethics, law, program or performance evaluation, or accounting or has a familiarity with the Office of the Inspector General and the duties of the Office.</para>
    </para>
    <para num="(c)" heading="Eligibility.">In addition to the required qualifications in &lt;cite data-path="X|§2|(b)"&gt;subsection (b) of this section&lt;/cite&gt;, an applicant is not eligible for appointment to the advisory board if the individual:<para num="(1)">is or becomes an employee or elected officer of:<para num="(i)">the State of Maryland;</para>
        <para num="(ii)">the City of Baltimore;</para>
        <para num="(iii)">any State or City agency, instrumentality, or any other unit of a State entity except:<para num="(A)">a State college;</para>
          <para num="(B)">a State university; or</para>
          <para num="(C)">another institution of higher education;</para>
        </para>
      </para>
      <para num="(2)">is or becomes a candidate for elected public office of:<para num="(i)">the State of Maryland;</para>
        <para num="(ii)">the City of Baltimore; or</para>
        <para num="(iii)">any county or municipality of the State.</para>
      </para>
      <para num="(3)">is or becomes an elected municipal officer's:<para num="(i)">spouse;</para>
        <para num="(ii)">parent;</para>
        <para num="(iii)">child; or</para>
        <para num="(iv)">sibling;</para>
      </para>
      <para num="(4)">is or becomes a responsible officer, as defined in Section 1-101(mm) of the State Election Law Article;</para>
      <para num="(5)">is or becomes employed by the City of Baltimore or the State of Maryland in any capacity;</para>
      <para num="(6)">is or becomes a lobbyist under:<para num="(i)">the State General Provisions Article, Title 5 {“Maryland Public Ethics Law”};</para>
        <para num="(ii)">Article 8, Subtitle 8 {“Lobbying”} of the City Code; or</para>
        <para num="(iii)">the ethics code of any political subdivision of the State; or</para>
      </para>
      <para num="(7)">is or becomes associated with a business entity as described in Article 8, Section 6-6 {“Prohibited participation”} of the City Code.</para>
    </para>
    <para num="(d)" heading="Nomination process: In general.">
      <para num="(1)">An individual who meets the requirements set forth in subsections (b) and (c) of &lt;cite data-path="X|§2"&gt;this section&lt;/cite&gt; may submit an application to the member of the City Council who represents the district in which the individual resides, in the form required by the Board of Ethics.</para>
      <para num="(2)">Each member of the City Council must:<para num="(i)">review the applications received pursuant to paragraph (1) of this subsection; and</para>
        <para num="(ii)">select 1 applicant as the nominee to the advisory board from that member's district.</para>
      </para>
    </para>
    <para num="(e)" heading="Nomination process: Diversity.">
      <para num="(1)">The membership of the advisory board must be inclusive and reflect the racial and gender diversity of the City of Baltimore.</para>
      <para num="(2)">A member of the City Council must give reasonable consideration to the diversity of the member's district when selecting a nominee to the advisory board.</para>
    </para>
    <para num="(f)" heading="Nomination process: Final appointments.">
      <para num="(1)">Final random selections to the advisory board must be made by the Chair of the Board of Ethics, pursuant to &lt;cite data-path="VII|§110"&gt;Article VII, Section 110&lt;/cite&gt; of this Charter.</para>
      <para num="(2)">7 of the 11 members of the advisory board must be randomly selected by the Chair of the Board of Ethics on the following basis:<para num="(i)">1 member from among the 2 nominees submitted from City Council districts 1 and 2;</para>
        <para num="(ii)">1 member from among the 2 nominees submitted from City Council districts 3 and 4;</para>
        <para num="(iii)">1 member from among the 2 nominees submitted from City Council districts 5 and 6;</para>
        <para num="(iv)">1 member from among the 2 nominees submitted from City Council districts 7 and 8;</para>
        <para num="(v)">1 member from among the 2 nominees submitted from City Council districts 9 and 10;</para>
        <para num="(vi)">1 member from among the 2 nominees submitted from City Council Districts 11 and 12; and</para>
        <para num="(vii)">1 member from among the 2 nominees submitted from City Council districts 13 and 14.</para>
      </para>
      <para num="(3)">The remaining 4 members shall consist of:<para num="(i)">1 member of the Association of Certified Fraud Examiners, selected by the Board of Regents of the Association of Certified Fraud Examiners;</para>
        <para num="(ii)">1 member of the Maryland Association of Certified Public Accountants, selected by the Board of Directors of the Maryland Association of Certified Public Accountants;</para>
        <para num="(iii)">the Dean of the University of Maryland School of Law or the Dean’s designee; and</para>
        <para num="(iv)">the Dean of the University of Baltimore School of Law, or the Dean’s designee.</para>
      </para>
      <para num="(4)">The 4 members of the advisory board selected pursuant to  paragraph (3) of this subsection must also comply with all eligibility and qualification requirements for advisory board members outlined in this subsection.</para>
    </para>
    <para num="(g)" heading="Term of members.">
      <para num="(1)">The terms of the members of the advisory board must be staggered and may not be coterminous with the Mayor’s term of office.</para>
      <para num="(2)">Of the initial 11 appointments to the advisory board:<para num="(i)">the members appointed pursuant to paragraphs (2)(v) and (3) of &lt;cite data-path="X|§2|(f)"&gt;Subsection (f) of this section&lt;/cite&gt; must each serve a term of 3 years; and</para>
        <para num="(ii)">the remaining members must each serve a term of 4 years.</para>
      </para>
      <para num="(3)">After the initial terms of the advisory board members have expired, a member of the advisory board shall serve a term of 4 years.</para>
      <para num="(4)">The term required by paragraph (2)(i) of this subsection shall be considered a full term for the purposes of the term limits established in &lt;cite data-path="IV|§6|(e)"&gt;Article IV, Section 6(e)&lt;/cite&gt; of this Charter.</para>
      <para num="(5)">No member of the advisory board may serve more than 2 consecutive full terms.</para>
    </para>
    <para num="(h)" heading="Removal of advisory board member.">A member of the advisory board may be removed for cause by a vote of the majority of the members of the advisory board.</para>
    <para num="(i)" heading="Vacancies.">The Chair of the Board of Ethics shall select at random a member from the nominations submitted at the outset of that particular position's term.</para>
    <para num="(j)" heading="Procedures.">
      <para num="(1)">A quorum of the advisory board consists of 6 members.</para>
      <para num="(2)">The advisory board shall elect a chair from the membership of the advisory board.</para>
      <para num="(3)">An affirmative vote of at least 6 members shall be necessary to appoint an Inspector General.</para>
    </para>
    <para num="(k)" heading="Required training.">Prior to beginning their duties, the members of the advisory board shall attend a training session, to be provided by the Office of the Inspector General, that details:<para num="(1)">the rules governing the advisory board; and</para>
      <para num="(2)">the rules governing and duties of the Inspector General.</para>
    </para>
    <para num="(l)" heading="Annual overview.">The advisory board shall appear before the City Council at least once a year to provide the City Council with an overview of the activities of the advisory board and the Office of the Inspector General.</para>
    <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
  </section>
  <section prefix="§" num="3" heading="Office of Inspector General:  The Inspector General.">
    <para num="(a)" heading="Qualifications.">
      <para num="(1)">The Inspector General shall be appointed without regard to political affiliation and must have substantial experience in auditing, financial analysis, criminal justice law, management analysis, public administration, investigations, or another appropriate field.</para>
      <para num="(2)">The Inspector General shall hold at the time of appointment, or be required to obtain within 7 months after appointment, certification as a Certified Inspector General.</para>
    </para>
    <para num="(b)" heading="Term.">The Inspector General shall serve a term of 6 years commencing from the date of appointment.</para>
    <para num="(c)" heading="Removal.">The Inspector General may be removed from office by an affirmative vote of a majority of the members of the advisory board for:<para num="(1)">misconduct in office;</para>
      <para num="(2)">persistent failure to perform the duties of office; or</para>
      <para num="(3)">conduct prejudicial to the proper administration of justice.</para>
    </para>
    <para num="(d)" heading="Reports concerning a vacancy or incapacity.">Whenever the Office of the Inspector general remains vacant for 180 days, or whenever the Inspector General is incapacitated or otherwise unable to perform the duties of the office for 180 days, the Chair of the advisory board shall issue a report to the City Council on the 180&lt;sup&gt;th&lt;/sup&gt; day, and every 2 months thereafter until the vacancy is filled or the Inspector General reports to work, describing the status of the efforts to fill the vacancy or the status of the Absent Inspector General.</para>
    <para num="(e)" heading="Performance review.">The advisory board shall meet at least once annually to review the performance of the Inspector General.</para>
    <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
    <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
  </section>
  <section prefix="§" num="4" heading="Office of Inspector General:  Powers and Duties.">
    <para num="(a)" heading="IG as head of Office.">The Inspector General shall supervise and direct the Office of the Inspector General.</para>
    <para num="(b)" heading="Responsibilities of Office.">The Office of the Inspector General is responsible for:<para num="(1)">investigating complaints of fraud, financial waste, and abuse in City government; and</para>
      <para num="(2)">promoting efficiency, accountability, and integrity in City government.</para>
    </para>
    <para num="(c)" heading="Jurisdiction of Office.">The Office of the Inspector General may investigate allegations that involve City government and potential violations of laws or regulations by any:<para num="(1)">City elected official;</para>
      <para num="(2)">City employee;</para>
      <para num="(3)">member of a board or commission established or governed by &lt;cite&gt;the City Charter&lt;/cite&gt;, City Code, or an executive order issued by the Mayor;</para>
      <para num="(4)">City contractor or person negotiating a contract with the City;</para>
      <para num="(5)">person seeking certification to provide goods or services to the City; or</para>
      <para num="(6)">external recipient of City funds, benefits, or services.</para>
    </para>
    <para num="(d)" heading="Issuing subpoenas.">
      <para num="(1)">To perform the duties of office, the Inspector General may issue a subpoena to require:<para num="(i)">any person to appear under oath as a witness; or</para>
        <para num="(ii)">the production of any information, document, report, record, account, or other material.</para>
      </para>
      <para num="(2)">The Inspector General may enforce any subpoena issued pursuant to this subsection in any court of competent jurisdiction.</para>
    </para>
    <para num="(e)" heading="Annual report.">
      <para num="(1)">The Office of the Inspector General shall prepare and publish an annual report of the Office’s activities.</para>
      <para num="(2)">The annual report may include recommendations regarding program weakness, contracting irregularities, or other institutional problems discovered by the Office.</para>
      <para num="(3)">The annual report shall be:<para num="(i)">submitted to all of the members of the advisory board; and</para>
        <para num="(ii)">after any redactions required by law, posted on the Office of the Inspector General’s website.</para>
      </para>
    </para>
    <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
    <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
  </section>
  <section prefix="§" num="5" heading="Office of Inspector General:  Budget.">
    <para num="(a)" heading="IG to prepare proposed budget.">The Inspector General shall formulate and prepare annually, or as frequently as required by law, a proposed budget to fund the operations of the Office and shall transmit the proposed budget to the advisory board for its review.</para>
    <para num="(b)" heading="Advisory board to approve or revise.">
      <para num="(1)">The advisory board shall meet to review the proposed budget submitted by the Inspector General for the purpose of assessing and determining whether, in the judgement of the advisory board, the proposed budget provides sufficient funding to meet the duties of the Office.</para>
      <para num="(2)">The advisory board shall, by an affirmative vote of at least 4 of its members, either:<para num="(i)">approve the proposed budget as submitted; or</para>
        <para num="(ii)">revise the proposed budget if the advisory board disagrees with the substance of any item contained in the proposed budget, including estimates of need and amounts of requested funding.</para>
      </para>
    </para>
    <para num="(c)" heading="Submission.">
      <para num="(1)">The budget approved by the advisory board pursuant to &lt;cite data-path="X|§5|(b)"&gt;subsection (b) of this section&lt;/cite&gt; shall be the Office budget the advisory board recommends to the Board of Estimates.</para>
      <para num="(2)">The advisory board, on behalf of the Office of the Inspector General, shall submit the recommended budget to the Board of Estimates in a timely manner in order for the recommended budget to be considered for inclusion in the Ordinance of Estimates.</para>
    </para>
    <para num="(d)" heading="Funding.">The Office of the Inspector General shall be funded annually in the Ordinance of Estimates.</para>
    <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
    <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
  </section>
  <section prefix="§" num="6" heading="Office of Inspector General:  Administration and Operation.">
    <para num="(a)" heading="Staff.">The Inspector General may appoint such other employees to assist in the conduct of the Office as may be provided in the Ordinance of Estimates.</para>
    <para num="(b)" heading="Deputy Inspector General.">The Inspector General shall appoint a Deputy Inspector General, who shall serve as the Acting Inspector General if the Inspector General is absent or unavailable for duty.</para>
    <para num="(c)" heading="Administrative and operational procedures.">The administrative and operational procedures of the Office may be established by law or by rule or regulation adopted by the Inspector General.</para>
    <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
    <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
  </section>
  <section prefix="§" num="7" heading="Office of Inspector General:  Transition Provisions.">
    <para num="(a)" heading="Incumbent Inspector General.">The individual holding the position of Inspector General of the City of Baltimore in the Law Department on November 6, 2018, will assume the position of Inspector General created by &lt;cite data-path="X"&gt;this Article&lt;/cite&gt; on the date &lt;cite data-path="X"&gt;this Article&lt;/cite&gt; goes into effect.</para>
    <para num="(b)" heading="Initial term .">The 6 year term of the Inspector General who assumes office under the provisions of &lt;cite data-path="X"&gt;this Article&lt;/cite&gt; runs from the effective date of &lt;cite data-path="X"&gt;this Article&lt;/cite&gt;.</para>
    <annotation type="History">Res. 18-008, ratified Nov. 6, 2018</annotation>
    <annotation type="History">Res. 22-004, ratified Nov. 8, 2022</annotation>
  </section>
</baltimore-city-law>
