[Added 6-14-1994 by L.L. No. 9-1994[2]; amended 8-28-1995 by L.L. No. 11-1995[3]; 2-11-1997 by L.L. No. 2-1997]
[1]
Editor's Note: Former Article VII, Department of Community Development, adopted 4-13-1971 as L.L. No. 7-1971, as amended, was repealed 2-13-1985 by L.L. No. 2-1985.
[2]
Editor's Note: This local law was vetoed by the Mayor, which veto was overridden by the Council 7-21-1994. The effectiveness of this local law is the subject of pending litigation.
[3]
Editor's Note: This local law, which was approved at a mandatory referendum on 11-7-1995, provided for the renumbering of former Article VIA, Department of City Auditor, as Article VII.
[Amended 9-4-2002 by L.L. No. 14-2002[1]]
A. 
The Department of Inspector General in and for the City of Yonkers is hereby created. The head of the Department shall be the inspector General, a position with power and authority to appoint and remove officers and employees therein, who shall be appointed by the Mayor subject to the advice and consent of the City Council. Until December 31, 2003, the Inspector General shall be appointed for a term of four years commencing on January 1 of the year following a regular mayoral election and ending on December 31 of the year of a regular mayoral election. Commencing on January 1, 2004, the Inspector General shall be appointed for a term of five years. Any appointment made by the Mayor and confirmed by the City Council pursuant to this section to fill a vacancy during the term, and the first appointment made following enactment of this section shall only be for the unexpired portion of the term. The Inspector General so appointed shall have the training and qualifications necessary to perform the duties of the office, with a minimum of (a) either a license as a certified public accountant or a license to practice law, five years' professional auditing experience and a member in good standing in the profession with five years' professional experience or (b) a college degree with seven years' prior experience in public law enforcement or public or private investigation/inspector general work with administration and management training or experience. The position of Inspector General shall be the equivalent of a Commissioner for all purposes of this Charter. Unless the removal of the Inspector General is agreed to by both the Mayor and two-thirds of the City Council, the Inspector General. may be removed by the Mayor during his or her term only for misconduct, nonfeasance or malfeasance in office shown upon written charges after a hearing held by the Mayor with an opportunity to be heard.
[1]
Editor's Note: This local law was approved at referendum on 11-5-2002, and became effective 1-1-2003.
A. 
The Inspector General shall make any investigation directed by the Mayor or the Council.
B. 
The Inspector General is authorized and empowered to make any investigation or review which in his or her opinion is necessary to uncover any wrongdoing in City government. For such purpose, the Inspector General may investigate the affairs function, accounts, methods, and personnel of any agency.
C. 
For any investigation made pursuant to this section, the Inspector General shall prepare a written report or statement of findings and shall forward a copy of such report or statement to the requesting party, if any. In the event that the matter investigated involves or may involve allegations of criminal conduct, the Inspector General, upon completion of the investigation, shall only forward a copy of his or her written report or statement of findings to the appropriate prosecuting attorney, or in the event the matter investigated involves or may involve a conflict of interest or unethical conduct, to the Board of Ethics, and may only disclose the report or findings at his or her discretion to any other party or city official as not to compromise the integrity of the investigation or review.
[Amended 11-4-2008 by L.L. No. 10-2008]
D. 
The jurisdiction of the Inspector General shall extend to any agency, officer, or employee of the city, or any person or entity doing business with the city, or any person or entity who is paid or receives money from or through the city or any agency of the city.
E. 
The Inspector General shall have the power to subpoena witnesses, administer oaths, take sworn testimony and compel production of books, papers, records and other evidence in furtherance of his/her duties and powers. Failure to obey such subpoena as ordered under this provision shall constitute a misdemeanor.
F. 
The Inspector General shall establish, maintain, and monitor, with the cooperation and assistance of the heads of all of the agencies within the Yonkers City government, adequate internal control procedures to ensure the maximum integrity of agency operations and to reduce vulnerability to fraud, abuse, and corruption. Such procedures shall include standards to maximize the likelihood that officers and employees will be appointed and hired who are of high professional integrity, to provide proper ongoing review of monetary commitments, expenditures and processes; and to deter and detect waste, fraud, abuse and misuse of city resources or assets.
G. 
The Inspector General, in cooperation with the heads of departments and agencies, shall conduct and oversee internal audits of department and agency financial affairs and operations.
A. 
No person shall prevent, seek to prevent, interfere with, obstruct, or otherwise hinder any study or investigation being conducted pursuant to the charter. Any violation of this section shall constitute cause for suspension or removal from office or employment.
B. 
Full cooperation with the Inspector General shall be afforded by every officer or employee of the city or other persons.