City Council Creates Office of Inspector General

I am excited to announce that the major legislative initiative I have been working on over the past several months--the creation of the Office of Inspector General--was passed by the Atlanta City Council unanimously on February 4, and signed into law by Mayor Bottoms on February 6. The Inspector General legislation is the culmination of a package of reform legislation that has been passed over the last two years to address deficiencies in the City's operations that have allowed for unacceptable behavior to take place.  You can read more about the other pieces of reform legislation in the legislative update article below.

I have received numerous questions about the Inspector General legislation, so wanted to take some space in this newsletter to give a comprehensive review of what this office and the IG will do.  I also did an interview about the Inspector General with WABE Closer Look's Rose Scott, which you can listen to here if you missed it. 


Q: What is the purpose of the Office of Inspector General? 
A: The Office of Inspector General will house those functions within the City that are charged with rooting out fraud, waste, and abuse, and assuring that elected officials, City employees, individuals serving on City boards, and City vendors are all held accountable to complying with the law.

Q: Who will appoint the Inspector General?
A: The Board of Ethics and Compliance will become the Board of the Office of Inspector General and will oversee the appointment, performance, and removal of the Inspector General and Ethics Officer.  This is an independent board, comprised of members selected by: 
   (1) the Atlanta Bar Association,
   (2) the Gate City Bar Association,
   (3) the Atlanta Business League,
   (4) the Metro Atlanta Chamber of Commerce,
   (5) the Atlanta-Fulton County League of Women Voters,
   (6) the Atlanta Planning Advisory Board,
   (7) the seven major colleges/universities within the City, 
   (8) the Association of Certified Fraud Examiners, and
   (9) the Georgia Society of Certified Public Accountants.  Neither the Mayor nor City Council has any authority to hire, fire, or influence the performance of the IG or Ethics Officer.

Q: What are the qualifications for the IG?
A: The Inspector General must be an attorney with at least 10 years of experience and be admitted to the Georgia Bar (or gain admission within 18 months after hire).  In addition, the IG must have at least 5 years of investigatory experience.

Q: What functions fall under the Office of Inspector General?
A: There are three divisions in the Office of Inspector General: (1) Compliance, (2) Ethics, and (3) Independent Procurement Review ("iPro").  The Inspector General will be the head of the Compliance and iPro divisions.  The Ethics Officer will continue to head the Ethics division. 

Q: What is the purpose of the Compliance division?
A: As head of the Compliance division, the Inspector General will have the jurisdiction to investigate and take appropriate action where fraud, waste, or abuse is detected by:      

(1)  The City Auditor with respect to the performance and financial operation of all departments, offices, boards, activities and agencies of the city;

(2)  An iPro Division review;

(3)  the Inspector General on their own determination; and

The IG also has jurisdiction over allegations of violations of the personnel code, procurement code, and transparency code against:

    a.  Elected officials;

    b.  Employees appointed or hired directly by an elected official;

    c.  Members of any city boards, authorities, commissions, etc. having city representation, whether created or appointed to by the city, and any employees thereof; and

    d.  Hearing officers.

In addition to conducting investigations into the above, the Inspector General shall conduct education and training regarding matters within its jurisdiction.

The IG shall have the power to issue subpoenas to assist in its investigations.

Q: What are the possible penalties if an investigation by the Inspector General determines there has been a violation of city code?
A:  Any intentional violation of  a matter under the jurisdiction of the Office of the Inspector General, or the furnishing of false or misleading information to the Office of the Inspector General, or the failure to follow a written ethics opinion rendered by the Ethics Officer, or the failure to comply with a subpoena issued by the Inspector General or the Ethics Officer pursuant to this Article shall subject the violator to any one or more of the following:

a.              Administrative sanction of not more than $1,000.00 assessed by the Office of the Inspector General;

b.              Public reprimand by the Office of the Inspector General; and

c.              Prosecution by the city solicitor and a fine of up to $1,000.00 per violation and up to six months imprisonment, whether the official or employee is elected or appointed, paid or unpaid. 

(2)              With regard to violations by employees, the IG may also recommend further disciplinary actions. 

(3)              With regard to violations by vendors and board members, the IG may recommend to the Chief Procurement Officer any one or more of the following:

a.              Suspension of a contractor; and

b.              Disqualification or debarment from contracting or subcontracting with the city.

(4)              The value of any gratuity (public money inappropriately paid for a non-public purpose) may be required to be paid back.

Q: What is the purpose of the Ethics division?
A: The Ethics Officer is responsible for

(1) Educating and training all city officials and employees on the code of ethics of the city, which primarily deals with financial disclosure requirements and conflicts of interest;

(2) Advising officials and employees regarding disclosure statements and reviewing them to ensure full and complete financial reporting;

(3) Investigating any failure to comply or investigating any related issues, including the furnishing of false or misleading information;

(4) Evaluating and investigating ethics complaints against public officer and employees.

The Ethics Officer shall have the power to issue subpoenas to assist in its investigations.

Q: Who is the Ethics Officer?
A: The current Ethics Officer is Jabu Sengova.  She reports to the Board of the Office of Inspector General, formerly known as the Board of Ethics and Independent Compliance.  More information about the Ethics Officer and Ethics Division can be found here.

Q: What is the purpose of the iPro division?
A:  For all contracts over $1 million dollars, the City code now requires the iPro division to conduct an independent review and issue an Independent Procurement Review Report to the council confirming that the contract file is complete and identifying any areas of perceived deficiencies.  This function was created by City Council in 2018 and put into effect in 2019, and provides City Council with much needed additional information about large contracts.  This function had previously been housed in the Office of City Auditor and will be transferred to the Office of the IG.

Q: Will the City still have an Auditor?
A: Yes,  The City will continue to have an independent auditor (currently Amanda Noble).  The Auditor is responsible for departmental audits and overseeing the outside audit of the City's financials.  The City Auditor reports to an Independent Audit Committee. The iPro function was originally housed within the Audit Department, but will be moved to the Office of IG.  You can find out more about the City Auditor here.  

Q: When will all of this happen?
A: The Board of the Office of Inspector General has begun the process of starting the search for candidates for Inspector General.  The Department is partially funded this fiscal year to allow it to be staffed, and will be fully funded in the new fiscal year beginning June 1, 2020.  

Fire Station 19 Renovation Update

2019 Legislative Update

We got a lot done in 2019, particularly in the areas of government reform, public safety, and transportation.  These are the major initiatives we passed and/or implemented last year: 

• Reform Legislation

  • Created the Chief Transparency Officer (18-O-1746) who is tasked to ensure full compliance with the Open Records Act and Open Meetings Act.  If you would like to request any public records, you can do so here.  If you ever have trouble obtaining records, you can contact the Chief Transparency Officer at kdenius@atlantaga.gov. 
  • Created the Independent Procurement Office (18-O-1769).  The iPro function, which reviews large contract bids, will move to the Office of IG.
  • P-Card Restrictions (18-O-1542).  We instituted further restrictions on the use of City credit cards.
  • Independent Compliance Office (19-O-1038) (main sponsor) & Task Force to Restore Public Trust (19-R-3379) were both stepping stones to the creation of the IG.
  • E-Procurement (18-O-1779).  We have transitioned to an online procurement portal and electronic bid submittal and review, which provides greater consistency and reduces the chance of human error.
  • Sole Procurement Reform (18-O-1779) tightened the situations in which a sole bidder may be awarded a City contract.

• Transportation

  • Creation of the Atlanta DOT (19-O-1159).  All transportation functions will now be coordinated under a single department, which will lead to greater efficiencies and coordinate planning and implementation of projects. 
  • Re-baselining of TSPLOST/Renew Projects (19-R-3445).  The Monroe Complete Street project was fully funded in the rebaselining.
  • Establishing Permitting and Administration of Scooters and e-Bikes (18-O-1322) and hold on Scooters (19-O-1429).  Expect new regulations on scooters in the next few months.
  • Speed Cameras in School Zones (19-R-4335).  I sponsored this resolution to bring the City and Atlanta Public Schools together to allow for and implement ticketing by camera for speeding over 10 miles per hour in marked school zones.  The COA and APS are in the planning stages of this program.
• Public Safety

  • Police Raises: In 2018, the Atlanta Police Foundation conducted a pay rate study for APD, which showed that our officers were paid well below market and that this was a contributing factor to our inability to hire and retain a sufficient number of officers for a full force.  We passed legislation to implement a multi-year pay raise: Phase I (2018) brought patrolling police officers to their competitive benchmark. Phase II (2019) gave senior police officers and investigators a pay raise. Phases III (2020) and IV (2021) will bring the rest of the force up to market rates.  We have already seen increases in the size of recruit classes and a decrease in officers leaving the force for other municipalities.
  • Fire Raises: In December 2019 we introduced legislation delivering the most significant pay raises for the Atlanta Fire Rescue Department (AFRD) in 15 years.  It is a $15.6 million plan aimed to increase pay over the next three and a half years without a tax hike – representing a 25% increase in base pay for Atlanta’s firefighters.

Welcome Zone 6 Police Major David Villaroel

Capital Improvement Element (CIE) Input

Renew Atlanta Bond Money in Action

• Johnson Road - Resurfacing set to begin this winter when weather permits.  Bike lanes and pedestrian safety elements will be implemented in accordance with the MLPA Master Plan.
• Montgomery Ferry - Resurfacing set to begin this winter when weather permits.  Pedestrian safety improvements will be implemented at the intersection with Piedmont Rd.
• Lenox Road - Resurfacing set to begin mid-2020.  Pedestrian safety improvements will be made.
• Piedmont Avenue - Resurfacing set to being late-2020.
• Oakdale Road - Beginning at Lullwater Creek the project will cover about a quarter mile of Oakdale. Resurfacing to begin mid-2020.

• ADA Accessibility to Lenox, Wildwood, and McClatchey Parks.

• Tennis Court Resurfacing to Lenox, Wildwood, and McClatchey Parks.  The neighborhoods have asked for the tennis courts to be dual striped for pickle ball as well!

Invest Atlanta Economic Mobility Town Halls

Watershed MOST Information

Municipal Option Sales Tax ("MOST")

There will be a City item on the March 24, 2020 presidential preference ballot related to our watershed system--reauthorization of the "MOST."      

What is the MOST? (Municipal Option Sales Tax)

How much is the MOST?
The MOST is a 1-cent tax, already being paid, on most goods purchased and services performed inside the City of Atlanta that are subject to sales tax, except motor vehicle sales.

How much revenue has the MOST generated?
Since October 2004, the MOST has generated more than $1.8 billion in revenue.

How is the MOST revenue used?
The MOST has helped fund more than $2.3 billion in sewer system investment for the estimated $4 billion federally mandated sewer infrastructure, while stabilizing rates. The City has successfully met the obligations of the CSO Consent Decree, and the MOST will assist with offsetting the cost of the work remaining to be completed under the SSO Consent Decree. Revenue from the MOST has also helped create 24,000 local jobs and support $600 million in small minority and female-owned business participation.

When is the MOST up for reauthorization again?
The MOST reauthorization measure will be on the March 24, 2020 primary ballot.

Does reauthorization mean an additional 1-cent tax?
No. It is merely a reauthorization of the existing 1-cent tax.

How does the MOST affect water/sewer rates?
The MOST revenue has staved off a 25% increase in water/sewer rates.

Does reauthorization mean an additional 1-cent tax?
No. It is merely a reauthorization of the existing 1-cent tax. If the MOST passes, Atlanta’s in-City tax rate will remain at the current level.

How does the MOST affect water/sewer rates?
The MOST revenue has staved off a 25% increase in water/sewer rates.

Accomplishments
With the help of MOST revenues, the City has:

• Repaired and replaced over 387 miles of aged sewer lines;
• Dramatically decreased the number and volume of sewer spills (62% and 97% reductions, respectively) since 2004;
• Provided over 57 miles of sewer capacity relief throughout the City; and
• Supported over $5 billion in development that would not have been possible without upgrades to the sewer system.

Highlights of the Clean Water Atlanta Program and Atlanta water infrastructure projects:

• Construction of Old Fourth Ward Park Pond, a capacity relief project constructed to capture stormwater runoff and reduce ow to the combined sewer system and eliminate neighborhood ooding.
• Installation of the Proctor Creek Diversion Structure, along the Proctor Creek Trunk system to help manage high ows in the sewer system and allow for diversion of up to 10 million gallons per day from the R.M. Clayton Water Reclamation Center (WRC) to the Utoy Creek WRC.
• Completion of 387 miles of small diameter sewer rehabilitation to eliminate structural defects found during the Sewer System Evaluation Survey (SSES) and reduce in ltration/in ow into the system, which maximized system capacity.

The History of the MOST
The MOST was initially approved on July 20, 2004, and has been reauthorized by Atlanta voters by a 3-1 margin every four years. Since 2004 the MOST has generated more than $1.876 billion to help ensure Atlantans a future of clean, safe drinking water and environmentally sound wastewater treatment.

19th Annual Park Pride Conference

Monday, March 23, 2020 | 8:30 A.M. - 5 P.M.

Each spring, Park Pride hosts the annual Parks & Greenspace Conference, the largest parks conference in the southeast, showcasing thought leaders from Atlanta and across the nation. Through education and inspiration, the conference focuses on best practices for companies and individuals who are united by a common desire to improve parks and strengthen communities.

This year's theme is "Nature of our City" with guest speakers you absolutely won't want to miss! Their backgrounds range from Pulitzer Prize authors to non-profit leaders providing a broad swath of experience. To learn more information or register, please visit their website at: https://parkpride.org/what-we-do/annual-parks-greenspace-conference/