Inspector General Bill Violates Charter; Prompts Duncan Veto

 
 
 
  
 mh/veto.pr                       97-214 Contact:  David Weaver, 301-217-6530
 
 INSPECTOR GENERAL BILL
 VIOLATES CHARTER; PROMPTS
 DUNCAN VETO                   For Immediate Release:  June 30, 1997
 
      Based on a legal opinion that concludes that Bill 38-96 violates the County
 Charter, Montgomery County Executive Douglas M. Duncan today vetoed legislation
 that would have created an Inspector General position within the County Government.
 While vetoing the legislation, Duncan reaffirmed his long-standing support for the
 position and has transmitted to the Council a new bill that would establish an Office
 of Inspector General "in a manner consistent with the Charter."  Under the new bill,
 control over the Inspector General would be completely within the legislative branch
 of government.    
      "Plainly, my decision to veto Bill 38-96 is not based on any desire to retain
 control within the Executive Branch over the Inspector General," said Duncan. 
 "Rather, when I took the oath of office as County Executive, I swore to uphold the
 law, including our County Charter.  Because the County Attorney has concluded that
 Bill 38-96 violates our Charter, I cannot approve it."
      In a written opinion on the bill, County Attorney Charles Thompson concluded
 that Bill 38-96   crosses over the line separating the Council’s functions from the 
                               -more-         
 DUNCAN VETOES AUDITOR GENERAL LEGISLATION         2-2-2-2   
 
 Executive’s functions" in violation of Sections 117, 211 and 215 of the County
 Charter.  
      In proposing this new legislation, Duncan said that he believed that he and the
 Council could work together in an effort to craft a bill that investigates government
 waste while preserving the integrity of our Charter.
      "Although I believe that the taxpayers of this County would benefit from the
 work of an Inspector General, I have made it clear that I will not support a bill that
 fundamentally violates our Charter," said Duncan.
        Under Duncan's proposed legislation, an Office of Inspector General would be
 created within a restructured and consolidated Office of Legislative Oversight. 
 Currently, the Office of Legislative Oversight, an agency under the Council's control, 
 reviews the efficiency, management and operation of the county government and
 public agencies as well as government funded activities.
      As proposed, Duncan said that this new legislation would give the Inspector
 General the power to seek subpoenas and "broad authority to investigate County
 Government without any oversight by the Executive Branch."
                                       # # #
See Opinion.
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