The City of Atlanta issued the following statement.
Today, in response to employee concerns and a taskforce comprised of legal experts, the City Council took the first step to strengthening ethics in City government by voting unanimously to advance legislation that establishes clear protocols for the Office of Inspector General.
A review conducted by the City’s Law Department revealed the OIGs office had violated State law at least 50 times by issuing illegal subpoenas. The OIG was forced to update their policies after receiving a cease-and-desist letter from the City Atto outlining the illegal behavior. The legislation will move back to the Committee on Council and Full Council in two weeks for final adoption.
The Office of the Inspector General (OIG) in the City of Atlanta has issued at least 50 subpoenas in violation of Georgia OCGA 7-1-360 (3) by failing to provide required notice to individuals whose financial records were subpoenaed through administrative action.
According to the Georgia statute, any government agency or official that issues a subpoena for an individual’s financial records must provide prior written notice to the individual concerned. This notice requirement ensures transparency and gives the individual an opportunity to respond or contest the subpoena before their private financial information is disclosed.
Recent findings indicate that the OIG did not adhere to this legal requirement. The OIG obtained the financial records of individuals without informing them, raising serious concerns about breaches of privacy, due process, and liability. Additionally, the subpoena used by the OIG prohibited companies from notifying account holders, potentially exposing them to liability.
“The failure to provide notice to the depositor…is not legal and it places the City of Atlanta at risk for potential liability for this intentional violation of Georgia’s Banking and Finance Laws,” City Attorney Patrise Perkins-Hooker wrote in a cease-and-desist letter issued to the OIG’s office early Monday. The implications of this violation are significant, as unauthorized access to financial records can lead to misuse of sensitive information and compromise individuals’ financial security.
The OIG’s office responded to the letter stating it is “finalizing a revision to its policies and procedures regarding subpoenas to financial institutions based on the banking law provision.” In addition, the OIG said it would update its standard form for financial subpoenas and make the requisite notice to account holders in compliance with the banking law.
In response to concerns raised by employees, and an independent review panel, the administration of Mayor Andre Dickens has supported legislation to clarify the role, process and governance of the OIG while ensuring that the city remains ethical and transparent in its actions. The administration and union leaders representing AFSCME and PACE have steadfastly maintained that employee rights have been ignored and, in some cases, blatantly violated, by the action of the OIG.
“Throughout this process, we have continually said that while there is no place for illegal or unethical behavior in the City of Atlanta, there also is no place for the OIG to conduct its business outside of the parameters set by law and policy,” said Odie Donald, Chief of Staff to Mayor Dickens. “No one is above the law. How the OIG conducts its duties is equally important as to why it exists in the first place.”
The Atlanta City Council today will hear an ordinance that specifically seeks to ensure proper oversight of the OIG, protect the integrity of investigations and guarantee employee and citizen rights to due process under the law.
