Powers and duties; authority; report of criminal violations to the Virgin Islands Attorney General

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  • (a) The Office of the V.I. Inspector General shall:

    • (1) conduct and supervise audits, inspections, and related investigations or 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 judicial branch 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 the Inspector General of the 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 Governmental 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; and

    • (5) upon the request of either the Governor, the Legislature or on his own initiative, the Virgin Islands Inspector General shall conduct audits, inspections, and investigations of any recipient of funds from the treasury of Government of the Virgin Islands.

    • (6) have direct and prompt access to the head of the entity involved, including the Chief Justice of the Supreme Court, the President of the Legislature, the Governor, the executive director of any instrumentality of government, and the 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's performing any activity authorized by this chapter.

  • (d) If the V.I. Inspector General has reasonable grounds to believe that any act prohibited by subsection (c) of this section has occurred, the V.I. Inspector General shall expeditiously and simultaneously notify the Governor, Chief Justice of the Supreme Court, or 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, Chief Justice of the Supreme 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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