Chicago Board of Education Resolutions:
98-0923-RS12
September 23, 1998
RESOLUTION RE: INSPECTOR GENERAL
(MARIBETH VANDER WEELE)
WHEREAS, Section 34-13.1 of the Illinois School Code provides for the appointment of the Inspector General of the Chicago School Reform Board of Trustees (the "Board") by the Mayor of the City of Chicago; and
WHEREAS, the Honorable Richard M. Daley, Mayor of the City of Chicago, has appointed Maribeth J. Vander Weele as the Board's Inspector General for a term beginning September 2, 1998 and ending June 30, 2002; and
WHEREAS, Section 34-13.1 of the Illinois School Code provides that the Board's Inspector General shall be under the Board's jurisdiction; and
WHEREAS, the Board hereby acknowledges the appointment of Maribeth J. Vander Weele as the Board's Inspector General with the understanding that the Board and the Inspector General shall enter into a contract providing the specific terms of the Inspector General's employment; and
WHEREAS, Section 34-13.1 of the Illinois School Code provides that the inspector General shall have "authority to conduct investigations into allegations of or incidents of waste. fraud, and financial mismanagement in public education within the jurisdiction of the Board by a local school council member or an employee, contractor, or member of the Board or involving school projects managed or handled by the Public Building Commission; and
WHEREAS. Section 34-13.1 of the Illinois School Code provides that, in addition to the Inspector General's express authority to conduct the specific investigations outlined in the statute, the Inspector General shall perform other duties requested by the Board; and
WHEREAS, Section 34-13.1 of the Illinois School Code provides that the Inspector General shall be independent of the operations of the Board and the School Finance Authority; and
WHEREAS, Section 34-13.1 of the Illinois School Code provides that the Inspector General "shall have access to all information and personnel necessary to perform the duties of the office" but does not provide for the retention of legal counsel to provide advice to the Inspector General; and
WHEREAS, Section 34-13.1 of the Illinois School Coded provides that the Inspector General "shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Code" but does not outline the mechanism for enforcement of a subpoena issued by the Inspector General; and
WHEREAS, Section 34-13.1 of the Illinois School Code provides that this Board "by a majority vote of its full membership shall appoint an attorney (the "Attorney") who shall have charge and control, subject to the approval of the Board, of the law department and of all litigation, legal questions and such other legal matters as may be referred to the department" by the Board,
NOW THEREFORE, BE IT RESOLVED BY THE CHICAGO SCHOOL REFORM BOARD OF TRUSTEES OF THE BOARD OF EDUCATION OF THE CITY OF CHICAGO THAT:
1) The Inspector General shall perform the following duties in addition to conducting the specific investigations outlined in the Illinois School Code:
(a) initiate or conduct investigations into allegations of employee misconduct, including allegations of criminal activity by employees and any other matter that would formerly have been the responsibility of the internal Office of Investigations of the Board of Education of the City of Chicago, but excluding matters which the Board may direct other personnel to investigate, such as allegations of sexual harassment lodged by or against Chicago Public School employees, students or vendors, compliance with the Americans with Disabilities Act for employees, allegations of employee and vendor violations of the Board's Ethics Policy and conflicts of interest, as well as allegations of corporal punishment, child abuse and test cheating, as these matters have been identified as the responsibility of existing personnel who will conduct or oversee such investigations
(b) as the sole and exclusive entity responsible for such matters, initiate or conduct any and all investigations regarding fraud or abuses by vendors of goods or services to the Board of Education of the City of Chicago except as otherwise dictated by law or by a subsequent Board directive;
(c) initiate or conduct investigations regarding systems, practices and procedures of the Board of Education of the City of Chicago to determine their efficacy in preventing incidents of waste, fraud and financial mismanagement, as well as making recommendations to the Board regarding potential modifications of these systems, practices and procedures in order to promote efficiency and sound management and to prevent subsequent incidents of any type of waste, fraud or financial mismanagement discovered in the Inspector General's investigations;
(d) while audits of funds or accounts of the Board of Education of the City of Chicago shall ordinarily be initiated or conducted under the auspices of the Board's Chief Fiscal Officer or his designee, the inspector General may initiate forensic audits when necessary for investigations involving potential fraud, waste or mismanagement;
(e) manage and staff a hotline to facilitate the reporting of allegations or incidents of suspected waste, fraud or financial mismanagement, as well as publicizing the availability of the hotline and its intended purpose;
(f) consult with employees of the Board of Education of the City of Chicago, as appropriate, regarding information determined by the Inspector General which may impact decisions regarding the prequalification of vendors for the Board of Education of the City of Chicago.
(g) to the extent feasible and appropriate, conduct mediations of school complaints regarding
vendors;
(h) regarding allegations for which the Inspector General does not conduct a full investigation but rather initiates an investigation by referring the matter to some third party for review (e.g., law enforcement authorities, Board employees at the local school level, employees of the Board's central offices), working in conjunction with the Board's Attorney, the Inspector General shall develop and proffer for Board approval a protocol explaining the circumstances under which such referrals to third parties will occur; and
(i) such other and further duties as outlined in the contract to be executed by the Inspector General and the Board.
2) In the conduct of the duties outlined in this resolution, the Inspector General shall operate with the advice of, and in consultation with, the Chief Executive Officer of the Board of Education of the City of Chicago, except as limited by Paragraph No. 4(a) below.
3) Upon the adoption of this resolution, the Office of Investigations and the Contract
Compliance Unit of the Board of Education of the City of Chicago shall cease to exist as
all investigations that were previously the responsibility of such units will hereafter be
conducted by the Inspector General.
4) In performing the duties outlined in the Illinois School Code and in this Resolution, the Inspector General shall report directly to the Board and shall provide reports to the Chief Executive Officer of the Chicago Public Schools (the "Chief Executive Officer"), except in the following circumstances:
(a) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with the requirement that the Inspector General shall provide reports to the Chief Executive Officer, the Inspector General shall report this matter to the Board immediately upon identifying the potential conflict. Based upon the Inspector General's initial report of such a matter, the Board will then provide additional direction regarding subsequent reporting in connection with the matter.
(b) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with the requirement that the Inspector General shall report to the Board, the Inspector General shall report this matter to outside legal counsel (identified in this Resolution) immediately upon identifying the potential conflict and shall request that outside legal counsel prepare a legal opinion regarding the existence of a conflict that precludes the Inspector General from reporting the matter to the Board. To the extent that the legal opinion indicates that there is such a conflict, the Inspector General's outside counsel shall also advise the Inspector General regarding the legal requirements of reporting the matter at issue. If the legal opinion does not indicate the existence of such a conflict, the Inspector General shall report the matter to the Board and the Chief Executive Officer as outlined above.
5) The Board also requests that the Attorney provide legal counsel to the Inspector General as required to assist the Inspector General in performing the duties outlined in the Illinois School Code and in this Resolution, except in the following circumstances:
(a) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with the requirement that the Attorney shall provide legal counsel to the Inspector General as outlined herein, the Inspector General shall report this matter to the Board immediately upon identifying the potential conflict. Based upon the Inspector General's initial report of such a matter, the Board will then provide additional direction regarding subsequent retention of legal counsel regarding reporting of the matter.
(b) If the Inspector General believes, in connection with a specific investigation, that the duties of the Inspector General as outlined in the Illinois School Code and in this Resolution are in conflict with (1) the requirement that the Attorney shall provide legal counsel to the Inspector General and (2) with reporting the matter to the Board as outlined in the preceding paragraph, the Inspector shall report this matter to outside legal counsel (identified in the following paragraphs of this Resolution) immediately upon identifying the potential conflict and shall request that outside legal counsel prepare a legal opinion regarding the existence of a conflict that precludes the Inspector General from reporting the matter to the Board. To the extent that the legal opinion indicates that there is such a conflict, the Inspector General's outside counsel shall also advise the Inspector General regarding the legal requirements of reporting the matter at issue. If the legal opinion does not indicate the existence of such a conflict, the Inspector General shall report the matter to the Board as outlined above.
6) The Board further requests that the Attorney represent the Inspector General in all instances in which the enforcement of a subpoena issued by the Inspector General is necessary.
7) The Board shall retain an attorney to provide legal counsel in those circumstances where this Resolution authorizes the Inspector General to seek the advice of outside legal counsel rather than the Attorney.
8) In addition to the annual report that the Inspector General must prepare pursuant to the Illinois School Code, the Board requests that the Inspector General provide interim reporting
pursuant to guidelines and procedures which may hereafter by promulgated by the President
of the Chicago School Reform Board of Trustees or his designee.
9) The Chicago School Reform Board of Trustees shall appropriate a budget in order to enable the Inspector General to retain staff, to obtain office space and to expend other funds as necessary to perform the duties of the Inspector General.