[Added 6-14-1994 by L.L. No. 9-1994; amended 8-28-1995 by L.L. No. 11-1995; 2-11-1997 by L.L. No. 2-1997]
[Amended 9-4-2002 by L.L. No. 14-2002]
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.
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.