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.
§ 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 excluding a commissioner temporally assigned in the executive branch pursuant to section 451b of this title.
(d) The salary of the Deputy V.I. Inspector General shall be equal to the highest paid assistant commissioner in the Executive Branch excluding an assistant commissioner temporally assigned to the executive branch pursuant to section 451b of this title.
§ 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.
§ 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.
§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.
§ 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.
§ 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.