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AGENCY TESTIMONY
Proposals to strengthen DOI's independence
0:07:13
ยท
3 min
Commissioner Strauber outlines three core proposals to safeguard DOI's independence and protect the agency from potential retaliation. These proposals would require changes in the law to implement.
- Establishing a 5-6 year tenure for the DOI commissioner to span administrations
- Strengthening controls around the removal of the DOI commissioner, requiring cause and City Council approval
- Providing DOI with budget independence to reduce the risk of control through budgetary means
Jocelyn E. Strauber
0:07:13
As you know, the importance of ethical oversight of city government has been front and center particularly over the past few weeks.
0:07:20
We agree that safeguarding DOI's independence and protecting the agency from retaliation is a worthy goal.
0:07:27
It will come as no surprise that we have given some thought over the past few years about the best ways to do this and I would like to share some of those thoughts with you today.
0:07:36
There are three core proposals, each of which would require a change in the law.
0:07:42
First, establishing a tenure of five or six years for the DOI commissioner so that the commissioner's term would span administrations, limiting the risk that a DOI commissioner would be subject to improper influence by any mayoral administration.
0:07:57
Second, expanding and strengthening the controls around removal of the DOI commissioner.
0:08:02
Under current law, the mayor may remove the commissioner after making a statement of reasons for the termination to be provided to the Department of Citywide Administrative Services and to the commissioner who has an opportunity to respond.
0:08:16
To reduce the risk of removal for an improper purpose, the law should be amended to add a requirement that removal be for cause only and with approval of the city council which can hold a public hearing to further explore the mayor's statement of reasons and the commissioner's response.
0:08:34
That process would provide a check on the mayor's removal power and allow for a public exploration of the basis for the proposed removal.
0:08:42
This process also is consistent with the appointment process for the commissioner who must be confirmed by the city council.
0:08:50
Third, providing DOI budget independence which would reduce the risk of city hall control of or retaliation against DOI through control of the agency's budget and staffing.
0:09:01
To be clear, while DOI has not been the target of retaliation during my tenure, at the same time our budgetary needs do not seem to be a key priority for this administration.
0:09:13
As you are well aware, the city's budgetary challenges have significantly impacted DOI's ability to hire and to retain employees.
0:09:21
Budget cuts that have applied equally to all city agencies have been particularly difficult for DOI due to our small size and the constant shifts in the city's approach to hiring have made long term planning with respect to staffing difficult if not impossible.
0:09:35
The OMB approval process for hiring as well as capital funding also is extremely time consuming.
0:09:42
Budgetary independence for oversight agencies is a feature of many city institutions such as the city campaign finance board which sets its own budget, the independent budget office whose funding is a set percentage of the budget of OMB, and the civilian complaint review board whose staffing is based on a percentage of the budgeted headcount of the New York City Police Department which it oversees.
0:10:05
Funding DOI at an appropriate percentage of the city budget and giving DOI full control over its hiring for example would safeguard DOI's independence and reinforce the city's commitment to prevent fraud, waste, and abuse.
0:10:18
The inspector general for the city of Chicago's budget is set in this way.
0:10:23
I believe these protections would further strengthen DOI's independence and that now is the time to consider them.