City OIG wants investigations released by committee

BY COLLEEN HEILD

JOURNAL INVESTIGATIVE REPORTER

The city of Albuquerque’s independent watchdog agency has issued an unusual public notice aimed at its citizen oversight committee, which has yet to make public nine finished internal investigations into alleged misconduct at City Hall.

In an “Update to Citizens of Albuquerque” released Monday, city Inspector General Melissa R. Santistevan wrote that the pending reports “deal with fraud, waste, or abuse that impact our City. Some of these reports have been completed for months without citizen awareness.” In a Journal interview, she wouldn’t disclose the topics.

The nonpartisan Office of Inspector General is responsible for investigating tips and allegations into fraud, waste and abuse, and in recent years has looked into violations of nepotism, mis-billing, abuse of authority and leave policies, and abuse of power.

Most recently, the OIG reported uncovering nearly $300,000 in bonuses from a federal child care stabilization grant that went to 27 ineligible city employees, some high-ranking. The program was supposed to help child care providers defray unexpected business costs associated with the COVID pandemic.

For the OIG reports to become public, city ordinance requires they be presented to the city’s Accountability in Government Oversight Committee, whose members are appointed by the mayor and City Council. The five-member volunteer committee hasn’t had a meeting since Nov. 14.

“Unfortunately,” the OIG notice stated, a meeting was to be held March 26, after which the reports would have been released to the public. But the meeting was canceled after it began, the notice

stated, “before the reports could be presented.”

Under city ordinance, the reports become public whether the committee approves them or not.

“They had a meeting,” Santistevan told the Journal. “They didn’t stay.” The meeting, which is closed to the public, is now set for Wednesday.

The chairperson of that committee posted an online response on Wednesday, which stated that “in the short time the AGO (accountability in government committee) had available to review these reports, AGO members identified multiple concerns regarding the quality of the reports and the underlying investigations.”

The committee, which also oversees the city auditor, wants to ensure “the accuracy and the quality of published reports,” wrote Victor Griego, a certified public accountant who chairs the committee. Griego didn’t return requests for comment by the Journal.

The National Association of Inspectors General has urged the release of the pending reports “without further delay.”

“For the (oversight committee) not even to hold meetings sends a clear but unfortunate signal that it’s not interested in learning of misconduct within the City of Albuquerque, let alone in formulating solutions to make its government operate more efficiently,” wrote Will Fletcher, president of the New York-based association, in a news release. “This reluctance holds back the mission of government oversight and inevitably raises questions about the commitment to transparency.”

An OIG’s ability to present the results of its work to government stakeholders and the public is a cornerstone of effective government oversight. When an oversight committee can essentially block the publication of OIG reports by failing to meet, it fundamentally undermines the very principles that Offices of Inspectors General are designed to uphold and the public ultimately suffers as a result,” he added.

Edward Hollington, an attorney who represents Santistevan, told the Journal on Thursday that the inspector general’s staff turned over the reports to the administrative assistant for the committee on March 16 for review prior to the meeting. But at a Zoom meeting of the committee on March 26, OIG staff wasn’t “even admitted to the meeting,” he said.

If there were issues with the quality or concerns, the meeting with the inspector general would be the place to express that, Hollington said. “But they were never given an opportunity to do that,” he said.

At its last meeting in November, the committee voted not to approve the OIG’s report on improper bonuses. The committee contended that the OIG lacked sufficient jurisdiction under the inspector general ordinance to investigate the allegations. The OIG had recommended the city consider recouping the money, but a spokeswoman told the Journal this week that the expenditures were previously approved by the state and “no further action is required.”

Meanwhile, Santistevan’s four-year term is up in June, at which time she would be eligible for re-confirmation. But the city is now seeking applicants for the job, according to an online advertisement. It would be up to the committee to decide whether to recommend her reconfirmation to the City Council or forward a list of the top three finalists for appointment.

Colleen Heild is an investigative reporter. She also writes about CYFD and Federal courts. You can reach her at cheild@abqjournal. com.