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(A) The Inspector General shall maintain the confidentiality of any public records that are made confidential by law and shall be subject to the same penalties as the custodian of those public records for violating confidentiality statutes.
(B) Confidentiality of the Investigation Files and Investigation Reports. Pursuant to this ordinance, Investigation Files and Investigation Reports are confidential and shall not be divulged to any person or agency, except to the United States Attorney, the New Mexico Attorney General, or the Second Judicial District Attorney's Office, or any other bona fide law enforcement or investigatory agency, or as otherwise required by law, until the report is published, unless it is necessary for the Inspector General to make such records public in the performance of their duties.
(C) Sharing of Information with City Departments. The Inspector General may share selected information not otherwise made confidential by law or this ordinance with other city departments if the information is necessary to prevent harm or loss to the city or its employees; otherwise, reports remain confidential until published, at which time they become public record.
(D) The names and identities or other information that could reasonably disclose the identity of persons making complaints and providing information shall not be disclosed without the written consent of the person unless otherwise required by law or judicial processes.
(E) Published reports shall be public records except that the Inspector General shall delay the publication of reports when criminal conduct is found and the Inspector General or appropriate law enforcement authority is pursuing an investigation and release of the report might jeopardize further investigation. An investigation release that has been delayed shall be published promptly at the end of the condition giving rise to the delay.
(Ord. 30-2010; Am. Ord. 2023-018)
(A) Each investigation, other than those resulting from assignment by the Board of Ethics and Campaign Practices, shall result in a written final report to the Committee. The Inspector General shall submit copies of each report to the Committee and shall retain a copy as a permanent record.
(B) For the purpose of review during the report presentation, the Committee, at its sole discretion, may request and allow the attendance of city personnel or investigated parties at an Accountability in Government Oversight meeting.
(C) The Inspector General's investigation and inspection reports shall conform to the Association of Inspectors General professional standards.
(D) The Inspector General may informally brief the Committee as to the commitment of resources to any investigation assigned by the Board of Ethics and Campaign Practices and the progress being made towards the completion of the investigation.
(Ord. 30-2010; Am. Ord. 2023-018)
(A) The Inspector General shall annually report to the Council and the Mayor regarding their activities and investigations.
(B) Within 60 days of the end of each fiscal year, the Inspector General shall issue a published report to the Committee that separately lists investigations and other assistance efforts completed during the fiscal year.
(C) The Inspector General shall notify members of the media and the public of the issuance of the published report. The Office of the Inspector General shall publish the reports publicly on the website of the Office of the Inspector General and provide copies of the published report upon request.
(Ord. 30-2010; Am. Ord. 2023-018)
Upon notification to the Committee, the Inspector General may obtain the services of certified public accountants, qualified management consultants, certified fraud examiners, forensic auditors or other professionals. Contractors performing services for the Office of Inspector General shall not have any financial interest in the affairs of the investigated party, officials or employees. The Inspector General shall coordinate and monitor the work performed by persons under contract to the Inspector General.
(Ord. 30-2010; Am. Ord. 2023-018)
(A) All city officials, employees and contractors shall promptly notify the Inspector General of every instance of theft or other disappearance of cash, check, or property, of misfeasance or nonfeasance, defalcation, improper governmental actions and non-compliance with federal and state law, city ordinances and city rules and regulations of which they are aware.
(B) All city officials, employees, contractors, and offerors in a city procurement process shall provide the Inspector General full and unrestricted access to all city offices, employees, records, information, data, reports, plans, projections, matters, contracts, memoranda, correspondence, electronic data, property, equipment and facilities and any other materials within their custody. At the Inspector General's request, an official, employee or contractor shall prepare reports and provide interviews. If an official, employee, vendor or contractor fails to produce the requested information, the Inspector General shall notify the Committee and make written request to the Chief Administrative Officer for his assistance in causing a search to be made and germane exhibits to be taken from any book, paper or record excepting personal property. The Chief Administrative Officer shall require the officials, employees, vendors or contractors to produce the requested information.
(C) Every city contract, bid, proposal, application or solicitation for a city contract and every application for certification of eligibility for a city contract or program shall contain a statement that the contracting parties will be subject to the provisions of the Inspector General Ordinance.
(D) No person shall retaliate against, punish or penalize any other person for complaining to, cooperating with or assisting the Inspector General in the performance of their office.
(E) Each and every violation of this article is a criminal violation subject to the provisions of § 1-1-99 ROA 1994.
(F) Any official or employee who violates the Inspector General Ordinance may be subject to discipline as may be specified in the city ordinance, rules and regulations or any applicable collective bargaining agreement.
(Ord. 30-2010; Am. Ord. 2023-018)
Section
2-18-1 Findings
2-18-2 Creation of Facilities Management and Maintenance Department; Director
2-18-3 Duties and responsibilities
2-18-4 Consolidation of facilities management and maintenance programs within the city
2-18-5 Staffing
2-18-6 Funding
2-18-7 Vehicles and equipment
2-18-8 Capital projects
2-18-9 Energy efficiency and renewable energy projects
2-18-10 Structure
The Council finds:
(A) It is the responsibility of city government to provide, to the greatest extent feasible, its employees and the public with buildings and facilities that are safe, accessible, and able to withstand daily use and weather events without endangering occupants or significantly disrupting the performance of essential services.
(B) City government buildings are vulnerable to weather events, age based decline, and equipment and building system obsolescence.
(C) The City of Albuquerque may experience moderate to severe city-owned facility system failures in the foreseeable future, and increased efforts to reduce these failures should be encouraged and supported.
(D) Existing Facilities Management programs will benefit from the coordination and collaboration created by a Facilities Management and Maintenance Department.
(E) A new Facilities Management and Maintenance Department will elevate the critical importance of unified and standardized management, of the city property portfolio.
(F) The creation of this new department will ensure that all processes related to facilities management follow current industry standards for property management and energy efficiency.
(Ord. 2017-019; Am. Ord. 2018-007)
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