(A) If the Inspector General detects apparent or potential violations of law or apparent instances of misfeasance or nonfeasance by an official or investigated party, the Inspector General shall report the irregularities in writing to the Committee. If the irregularity is criminal in nature, the Inspector General shall immediately notify the appropriate prosecuting authority. If the irregularity is found in response to a complaint filed under the provisions of the Whistleblower Protection Act, the Inspector General shall conduct an investigation in accordance with NMSA 1978, §§ 10-16C-1 et seq., the Whistleblower Protection Act. If the irregularity warrants an audit, then the Inspector General shall refer the matter to the Office of Internal Audit. The Inspector General shall not accept complaints related to discrimination or labor law matters, or other matters that are the subject of pending litigation.
(B) The Inspector General shall receive and investigate complaints referred by the Board of Ethics and Campaign Practices. In addition, the Inspector General shall receive and evaluate complaints referred by any official, employee, contractor or the public and initiate an investigation when deemed appropriate. The Inspector General may also initiate an investigation when there is predication.
(C) The Inspector General shall promulgate regulations to establish procedures for the Office of the Inspector General.
(D) The Inspector General shall have the power to subpoena witnesses, administer oaths and require the production of records subject to the New Mexico Rules of Civil Procedure. In the case of a refusal to obey a subpoena issued to any person, the Director may make application to any District Court in the state that shall have the jurisdiction to order the witness to appear before the Inspector General and to produce evidence if so ordered, or to give testimony touching on the matter in question.
(E) The Inspector General shall maintain a complete file of each investigation made under legislative or special Committee authority for at least six years. The file should include work papers and other supportive material directly pertaining to the investigation. Records may be retained in electronic format at the Inspector General's election.
(F) The Inspector General shall investigate any alleged violation of the Code of Ethics or the Elections Code that the Board of Ethics and Campaign Practices directs the Inspector General to investigate. When the Inspector General is assigned an investigation by the Board of Ethics and Campaign Practices, the usual requirements concerning approval of Inspector General reports by the Accountability in Government Oversight Committee and the publication of the reports is not followed so as to maintain the rights and duties of the Board of Ethics and Campaign Practices to direct and limit the investigation.
(G) The Inspector General shall not investigate complaints that are under the jurisdiction of the Civilian Police Oversight Agency or the Internal Affairs Division of the Albuquerque Police Department, nor access any Internal Affairs' files.
(H) In cases where the Inspector General deems it appropriate because of investigation activities, the Inspector General may refer opportunities for increased efficiency to the Department of Finance and Administrative Services to work with respective departments on management and process improvement.
(I) Reports of fraud, waste, and abuse made by employees, public officials, contractors, or members of the public may be made telephonically or in writing through the hotline or website established by the Inspector General for the confidential reporting of financial fraud, waste, and abuse in government. Reports received or created by the Inspector General are investigatory information and investigatory documentation in connection with the Inspector General's duty to inspect or investigate the financial affairs and transactions of the city, its departments, contractors, or vendors in whole or in part.
(J) The identity of a person making a report and associated allegations made directly to the Inspector General orally or in writing, or telephonically or in writing through the Inspector General's hotline or website, or through any other means, alleging financial fraud, waste, or abuse in government is confidential information and may not be disclosed except as required by § 2-17-6(A) ROA 1994 or other law.
(K) The Inspector General shall provide information that is either confidential and/or related to an Office of Inspector General case that is not otherwise public where required by law. The Office of Inspector General shall work as collaboratively as possible in fulfilling the duties and functions prescribed by this ordinance. Notwithstanding any of the foregoing, the Inspector General shall comply with all requirements for information from external audits or reviews regarding the management of the office from a fiscal, management, or non-case- related request.
(Ord. 30-2010; Am. Ord. 2023-018)