FOR IMMEDIATE RELEASE:
Friday, May 30, 2003 |
CONTACT: Tony Bullock
(202) 727-6846
(202) 368-4831 |
Mayor Williams Declares Council IG Bill “Null”
Directs District Officials to Follow Legal Opinion of
Corporation Counsel
Washington DC In a series of letters to District government officials,
Mayor Anthony Williams has made it clear that he views the opinion of
Interim Corporation Counsel Arabella W. Teal as supporting the right of
Inspector General Charles Maddox to continue in his position beyond the
date of June 1, 2003. Ms. Teal issued her opinion earlier today stating
that, "Based on court precedents that address the executive power of
removal in other but similar contexts, I conclude that the courts would
very probably rule that § 2(d) of the emergency act violates separation
of powers principles by imposing new qualification requirements on the
incumbent officeholder that, if applied on June 1, 2003, would result in
his removal. Accordingly, I conclude that the new subparagraph
208(a)(1)(D-i)(ii) of the IG Act, as added by § 2(d) of the emergency
act, is null and of no effect, and that Mr. Maddox may lawfully continue
to hold the position of Inspector General after June 1, 2003, pursuant to
the terms of his appointment."
In letters to the Chief Financial Officer, the Director of Personnel
and to Linda Cropp, Chairman of the Council, Mayor Williams states that,
"… the legislation has the purpose and effect of removing the
incumbent Inspector General, Charles Maddox, from his office effective on
June 1, 2003. That purpose and effect clearly violate separation-of-powers
principles enshrined in the District’s Charter, for it is
well-established that the power to remove an officer who performs
executive functions, such as the Inspector General, is exclusively an
executive, not a legislative, power.
The letters from the Mayor direct the agencies involved to continue to
recognize Maddox as the Inspector General and to continue his salary and
other benefits in accordance with his appointment.
The letters and the opinion from the Office of Corporation Counsel are
attached hereto.
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Honorable Linda W. Cropp
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. , Room 504
Washington, D.C. 20004
Dear Chairman Cropp:
As you know, I have been strenuously opposed to the Council’s recent
legislation concerning the qualifications of the Inspector General of the
District of Columbia insofar as the legislation has the purpose and effect
of removing the incumbent Inspector General, Charles Maddox, from his
office effective on June 1, 2003. That purpose and effect clearly violate
separation-of-powers principles enshrined in the District’s Charter, for
it is well-established that the power to remove an officer who performs
executive functions, such as the Inspector General, is exclusively an
executive, not a legislative, power. Consequently, I vetoed the emergency,
temporary, and permanent versions of the legislation. The Council overrode
my vetoes of the emergency and temporary versions on April 29, 2003. The
Council has not yet voted to override my veto of the permanent version.
As a result of the Council’s override of two of my vetoes, the
emergency version of the legislation is now D.C. Act 15-78, effective for
90 days starting April 29th. The temporary version, Bill
15-201, is now pending congressional review, with a projected law date of
June 20, 2003.
Enclosed is an Opinion of the Corporation Counsel issued today. The
Opinion concludes that this legislation violates the District Charter, is
unlawful, and, therefore, should be considered as being null, void, and of
no effect in regard to the removal of Inspector General Maddox.
I am very disappointed that the Council has rejected my timely proposal
that we jointly seek court clarification of this matter, in an appropriate
judicial proceeding. I am confident that approach would assure expeditious
and fair resolution of our dispute. Absent the Council’s agreement to
pursue a judicial resolution, I am constrained to follow the attached
Opinion that the law is null and of no effect in regard to Mr.
Maddox’s removal. Therefore, in a separate letter today, I have
advised Mr. Maddox that he should continue in his office, subject to the
terms of his appointment as Inspector General. I have also advised the
appropriate departments of the District government to retain Mr. Maddox as
a government employee and to maintain him on the government payroll, with
his pay to continue pursuant to his appointment.
Sincerely,
Anthony A. Williams
Mayor
AAA/wcw
Enclosure
cc: John A. Koskinen, City Administrator
Kelvin J. Robinson, Chief of Staff
Herbert R. Tillery, Deputy Mayor for Operations
Arabella W. Teal, Interim Corporation Counsel
Leonard H. Becker, General Counsel to the Mayor
Jack Evans, Chairman Pro Tem, Council of the District of Columbia
Sanda Allen, Councilmember
Sharon Ambrose, Councilmember
Harold Brazil, Councilmember
David A. Catania, Councilmember
Kevin Chavous, Councilmember
Adrian Fenty, Councilmember
Jim Graham, Councilmember
Phil Mendelson, Councilmember
Vincent B. Orange, Councilmember
Kathleen Patterson, Councilmember
Carol Schwartz, Councilmember
[All copies contain the attachment.]
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The Honorable Natwar M. Gandhi
Chief Financial Officer of the District of Columbia
1350 Pennsylvania Avenue, N.W., Room 203
Washington, D.C. 20004
Dear Dr. Gandhi:
Enclosed for your information is an Opinion of the Corporation Counsel
issued today. The Opinion concludes that recent legislation by the Council
having the purpose and effect of removing the Inspector General of the
District of Columbia, Charles Maddox, from his office, effective on June
1, 2003, violates the District Charter, is unlawful, and, therefore,
should be considered as being null, void, and of no effect in regard to
such removal.
Based on the Opinion, I advise you to maintain Mr. Maddox on the
government payroll and to continue paying his salary, pursuant to his
appointment as Inspector General.
Sincerely,
Anthony A. Williams
Mayor
AAA/wcw
Enclosure
cc: John A. Koskinen, City Administrator
Kelvin J. Robinson, Chief of Staff
Herbert R. Tillery, Deputy Mayor for Operations
Arabella W. Teal, Interim Corporation Counsel
Leonard H. Becker, General Counsel to the Mayor
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The Honorable Judy D. Banks
Interim Director of Personnel
441 – 4th Street, N.W., Room 300S
Washington, D.C. 20001
Dear Ms. Banks:
Enclosed for your information is an Opinion of the Corporation Counsel
issued today. The Opinion concludes that recent legislation by the Council
having the purpose and effect of removing the Inspector General of the
District of Columbia, Charles Maddox, from his office, effective on June
1, 2003, violates the District Charter, is unlawful, and, therefore,
should be considered as being null, void, and of no effect in regard to
such removal.
Based on the Opinion, I advise you to maintain Mr. Maddox as a District
government employee, pursuant to the terms of his appointment as Inspector
General.
Sincerely,
Anthony A. Williams
Mayor
AAA/wcw
Enclosure
cc: John A. Koskinen, City Administrator
Kelvin J. Robinson, Chief of Staff
Herbert R. Tillery, Deputy Mayor for Operations
Arabella W. Teal, Interim Corporation Counsel
Leonard H. Becker, General Counsel to the Mayor |
