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About the Office of the Virgin Islands Inspector General
Legislation
TITLE 3, CHAPTER 40, VIRGIN ISLANDS CODE
OFFICE OF THE VIRGIN ISLANDS INSPECTOR GENERAL
Section 1200. Office of the Virgin
Islands Inspector General
Section 1201. Virgin Islands Inspector
General; Deputy Virgin Islands Inspector General
Section 1202. Annual Budget
Section 1203. Powers and duties
of the Virgin Islands Inspector General
Section 1204. Complaints by employees;
disclosure of identity; retaliation prohibited
Section 1205. Handling of audit
data and reports; annual report
Section 1206. Transfer of functions
§ 1200. Office of the Virgin Islands
Inspector General
There is hereby created the Office of the Virgin Islands Inspector
General, hereinafter referred to as the "Office of the
V. I. Inspector General", as a separate, independent agency
of the Government of the Virgin Islands.
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§ 1201. Virgin Islands Inspector General;
Deputy Virgin Islands Inspector General
(a) The Office of the V. I. Inspector General shall be administered,
pursuant to the provisions of this chapter, under the supervision
and direction of the Virgin Islands Inspector General, hereinafter
referred to as the "V. I. Inspector General", who
shall be appointed by the Governor with the advice and consent
of the Legislature, without regard to political affiliation,
and solely on the basis of integrity and demonstrated ability
in accounting, auditing, financial management, or investigations.
The V. I. Inspector General shall serve a term of seven years
from the date of appointment, and may be reappointed. The V.
I. Inspector General may be removed from office by the Governor,
but only upon a finding of neglect of duty or malfeasance in
office. The V. I. Inspector General shall be bonded in an amount
equal to that of a commissioner in the Executive Branch. Any
vacancy occurring in the Office of the V. I. Inspector General
shall be filled in the same manner as the original appointment.
(b) There shall be in the Office of the V. I. Inspector General,
a Deputy Virgin Islands Inspector General, hereinafter referred
to as the "Deputy V. I. Inspector General", who shall,
in addition to the duties assigned by the V. I. Inspector General,
have the responsibility of supervising the performance of audit,
investigation, and inspection activities relating to programs
and operations. The Deputy V. I. Inspector General shall be
appointed by the V. I. Inspector General and shall serve a term
coinciding with the term of the appointing V. I. Inspector General.
The Deputy V. I. Inspector General shall be qualified in the
same manner as the V. I. Inspector General. The Deputy V. I.
Inspector General shall be bonded in an amount equal to that
of a commissioner in the Executive Branch.
(c) The salary of the V. I. Inspector General shall be equal
to that of the highest paid commissioner in the Executive Branch.
(d) The salary of the Deputy V. I. Inspector General shall
be equal to the highest paid assistant commissioner in the Executive
Branch.
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§ 1202. Annual Budget
(a) The V. I. Inspector General shall prepare and submit to
the Legislature an annual budget that includes staffing levels
for the Office of the V. I. Inspector General. The budget, once
appropriated by the Legislature, shall be allotted in its entirety
at the commencement of the fiscal year.
(b) The V. I. Inspector General shall establish and maintain
an imprest checking account. Within 15 days of the beginning
of each fiscal year, the Commissioner of Finance shall deposit
into the V. I. Inspector General's imprest account the sum of
$100,000 from the budget appropriated by the Legislature.
(c) The V. I. Inspector General may expend monies from the
imprest account for any purpose in exercising his powers and
carrying out his duties as set forth in this chapter or any
other law. Prior to the expiration of the month following the
end of each quarter, the V. I. Inspector General shall submit
to the Department of Finance a report detailing the amount,
the nature, and the justification for each item of expenditure
in the previous quarter. The report shall be accompanied by
receipts and any other such documentation required by the Department's
rules and regulations or other laws of the Virgin Islands. Prior
to the expiration of the month following the end of the fiscal
year, the V. I. Inspector General shall compile and submit an
annual financial report for the fiscal year's expenditures from
the imprest account.
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§ 1203. Powers and duties; authority;
report of criminal violations to the Virgin Islands Attorney General
(a) The Office of the V. I. Inspector General shall:
(1) conduct and supervise audits, inspections, and related
investigations of programs and operations of the Government
of the Virgin Islands;
(2) provide leadership, coordination and recommend policies
for activities designed:
(A) to promote economy, efficient, and effectiveness in
the administration of; and
(B) to prevent and detect fraud, waste, and abuse in such
programs and operations; and
(3) provide a means for keeping the Governor, the Legislature,
and the Territorial Court fully and currently informed about
problems and deficiencies relating to the administration of
government programs and operations and the necessity for and
progress of corrective action;
(4) conduct audits, inspections, and investigations relating
to the programs and operations of any Government department,
board, bureau, commission, or instrumentality, including the
legislative and judicial branches;
(5) take such steps as may be necessary and lawful to ensure
that recommendations are fully implemented;
(6) coordinate efforts with the Office of Inspector General,
Department of the Interior and the Legislative Post Auditor
to avoid unnecessary duplication of work;
(7) give advice and issue opinions, not in conflict with
its duties and responsibilities, when requested by other Government
instrumentalities;
(8) seek advice from Government experts or private consultants
when necessary;
(9) employ personnel into classified positions without following the certification and appointment procedures prescribed in section 526 of this title, and may employ such other employees by contract or otherwise, as needed to execute the provisions
of this chapter;
(10) promulgate, pursuant to Virgin Islands laws, such rules
and regulations as may be necessary to carry out the provisions
of this chapter;
(11) recommend changes in existing law that will assist the
Office of the V. I. Inspector General in performing its duties
efficiently; and,
(12) faithfully execute the provisions of this chapter and
all laws relating thereto.
(b ) In addition to the authority otherwise provided by this
chapter, the Office of the V. I. Inspector General may:
(1) have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material available
to the applicable entity which relate to programs and operations
to which the Office of the V. I. Inspector General has responsibilities
under this chapter;
(2) make such investigations and reports relating to the
administration of the programs and operations of the applicable
entity as are, in the judgment of the V. I. Inspector General,
necessary;
(3) require by subpoena the production of all information,
documentation, reports, answers, records, accounts, papers,
other data and documentary evidence, and witnesses necessary
in the performance of the functions authorized by this chapter.
The subpoena, in the case of contumacy or refusal to obey,
shall be enforceable by order of any court of jurisdiction
in the Virgin Islands; Provided, that, procedures other than
subpoenas shall first be used by the V. I. Inspector General
to obtain documents and information;
(4) administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
functions authorized by this chapter. An oath, affirmation,
or affidavit, when administered or taken by or before an employee
of the Office of the V. I. Inspector General designated by
the V. I. Inspector General, shall have the same force and
effect as if administered or taken by or before an officer
having a seal;
(5) upon the request of either the Governor, the Legislature
or on his own initiative, the V. I. Inspector General shall
conduct audits, inspections and investigations of any recipient
of funds from the treasury of the Government of the Virgin
Islands, and;
(6) have direct and prompt access to the head of the entity
involved, including the Presiding Judge of the Territorial
Court, the President of the Legislature, the Governor, the
executive director of any instrumentality of government, and
chairman of any board or commission, when necessary for any
purpose pertaining to the performance of functions and responsibilities
under this Chapter.
(c) No Virgin Islands Government official shall:
(1) prevent or prohibit, or attempt to prevent or prohibit,
the V. I. Inspector General from initiating, carrying out,
or completing any audit, inspection, or investigation, or
from issuing any subpoena in the course of any such activity;
or,
(2) interfere or attempt to interfere with the V. I. Inspector
General performing any activity authorized by this chapter.
(d) If the V. I. Inspector General has reasonable grounds
to believed that any act prohibited by subsection (c) of this
section has occurred, the V. I. Inspector General shall expeditiously
and simultaneously notify the Governor, Presiding Judge of the
Territorial Court, or the President of the Legislature, as appropriate.
(e) In carrying out the powers, duties, and authority of this
chapter, the Office of the V. I. Inspector General shall comply
with generally accepted auditing standards established by the
General Accounting Office and the American Institute of Certified
Public Accountants.
(f) In carrying out the powers, duties, and authority of this
chapter, the Office of the V. I. Inspector General shall report
expeditiously to the Attorney General whenever the V. I. Inspector
General has reasonable grounds to believe there has been a violation
of law.
(g) Subsection (f) of this section shall not be construed
to authorize the Attorney General to limit the authority of
the V. I. Inspector General to conduct an investigation.
(h) The V. I. Inspector General shall notify the Governor,
Presiding Judge of the Territorial Court, or President of the
Legislature, as appropriate, within 30 business days after the
Attorney General declines orally or in the writing to prosecute
a matter referred, to or otherwise brought to the attention
of the Attorney General pursuant to subsection (f) of this section.
(i) To enforce the provisions of this chapter, any investigator
of the Office of the V. I. Inspector General as designated by
the V. I. Inspector General shall have the same powers and authorization
as those of a peace officer to make arrests under Title 5, Section
3562 of this Code.
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§1204. Complaints by employees; disclosure
of identity; reprisals
(a) The V. I. Inspector General may receive and investigate
complaints or information from employees of the Government of
the Virgin Islands concerning the possible existence of an activity
constituting a violation of law, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority or a substantial and
specific danger to the public health or safety.
(b) The V. I. Inspector General shall not, after receipt of
a complaint or information from any employee, disclose the identity
of the employee without the consent of the employee, except
in accordance with a request of the Attorney General for the
purpose of a criminal investigation.
(c) Any employee who has authority to take, direct others
to take, recommend, or approve any personnel action, shall not,
with respect to such authority, take or threaten to take any
action against any employee as a reprisal for making a complaint
or disclosing information to the V. I. Inspector General, unless
the complaint was made or the information was disclosed with
the knowledge that it was false or with willful disregard for
its truth or falsity.
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§ 1205. Handling of audit data and
reports; annual report
(a) When used in this chapter, the terms:
(1) "audit data" means the auditor's working papers,
which include, but are not limited to, draft reports and documents
containing the evidence to support the auditor's findings,
conclusions, and judgments. They include the collection of
evidence prepared or obtained by the auditor during the audit,
inspection, or investigation; and
(2) "audit report" means the final report issued
after the auditee has had the opportunity to review and respond
to its findings and recommendations.
(b) Audit data shall be considered confidential information,
pursuant to Title 3, section 881, subsection (g), Virgin Islands
Code. Any authorized disclosure of audit, inspection, or investigation
information shall be subject to all applicable laws.
(c) Audit reports are to be submitted to the appropriate officials
of the audited organizations, to the appropriate officials of
the organizations requiring or arranging for the audits, to
the Governor and the Legislature of the Virgin Islands, unless
legal restrictions, ethical considerations, or other arrangements
prevent it. Unless restricted by law or regulations, copies
of final audit reports shall be available for public inspection
or for sale to the public at a reasonable fee.
(d) Audit data and audit reports shall be kept by the Office
of the V. I. Inspector General for a period of not less than
five years, or until all findings have been cleared or otherwise
settled to the satisfaction of the V. I. Inspector General.
(e) The V. I. Inspector General shall submit to the Governor
and the Legislature once a year an annual report summarizing
the activities of the Office of the V. I. Inspector General
for the preceding fiscal year. Such report shall include, but
not limited to:
(1) a description of significant problems, abuses, and deficiencies
relating to the Government's administration of its programs
and operations disclosed by the investigative activities of
the Office of the V. I. Inspector General during the reporting
period;
(2) a description of the recommendations for corrective action
made by the Office of the V. I. Inspector General during the
reporting period, with respect to the significant problems,
abuses, and deficiencies identified;
(3) an identification of each significant recommendation
described in previous annual reports on which corrective action
has not been completed;
(4) a summary of matters referred to the Attorney General
and the prosecutions and convictions that have resulted; and,
(5) a list of each audit and inspection report completed
by the Office of the V. I. Inspector General during the reporting
period.
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§ 1206. Transfer of functions
(a) There shall be transferred to the Office of the V. I.
Inspector General the office of the Virgin Islands Bureau of
Audit and Control.
(b) All employees of the Virgin Islands Bureau of Audit and
Control whose duties are related to functions and responsibilities
established by this chapter and who wish to transfer to the
Office of the V.I. Inspector General, may do so.
(c) The assets, liabilities, contracts, property, records,
and unexpended balances of appropriations, authorizations, allocations,
and other funds employed, held, used, arising from, available
or to be made available, of the functions, powers, and duties
of which is transferred under subsection (a) of this Section
is hereby transferred to the Office of the V .1. Inspector General.
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