On January 17, 2002, the Committee on Government Operations held an oversight hearing on the qualifications, term and residence of the Inspector General.  The six hour hearing revealed the following facts that are not in dispute:

 

STATEMENT OF FACTS

 

 

QUALFICATIONS

 

1.         The Inspector General Charles C. Maddox was not a member of the District of  Columbia Bar at the time of his appointment to be General Counsel to the Office of the Inspector General.

 

2.         In order to serve as General Counsel to the Office of the Inspector General you must be a member of the District of  Columbia Bar or eligible to take the D.C. Bar.

 

3.         Mr. Maddox served as General Counsel to the Office of the Inspector General from April 13, 1998 to February 21, 1999, although he was not a member of the District of Columbia Bar or eligible to take the D.C. Bar.

 

4.         On April 13, 1998, Mr. Maddox had 360 days to become a member of the District of Columbia Bar.

 

5.         Mr. Maddox graduated in 1993 from a law school, which was not accredited by the American Bar Association (ABA) or the State of Virginia. Mr. Maddox became a member of the Virginia State Bar in 1996.

 

6.         In order for Mr. Maddox to become a member of the District of Columbia Bar, he would  have to be a member of a State Bar for five years which would allow him to waive into the District of Columbia Bar or, in light of his graduating from a non-accredited law school, enroll in an ABA accredited law school and take 26 semester credit hours of classes on subjects that are tested on the District of Columbia Bar Examination. Subsequently, he would have to take and pass the District of Columbia Bar.

 

7.         Given the aforementioned requirements, it was impossible for Mr. Maddox to become a member of the District of Columbia Bar within the specified 360 day period, which commenced on April 13, 1998, as required by law.

 

 

8.         Mr. Maddox testified that he was unaware that he was required to be a member of the District of Columbia Bar or eligible to take the D.C. Bar, in order to be General Counsel to the Inspector General of the District of Columbia.

 

9.         Prior to the expiration of the 360 day requirement to become a member of the District of Columbia Bar, Mr. Maddox was appointed Deputy Inspector General on February 22, 1999.

 

10.       On May 17, 1999, Mayor Anthony A. Williams forwarded a transmittal letter to the Council of the District of Columbia announcing the appointment of Mr. Maddox as Inspector General.  The transmittal letter stated that Mr. Maddox, most recently, served the District of Columbia Government as General Counsel to the Office of the Inspector General. Mr. Maddox's resume, which accompanied the transmittal letter, also indicated that Mr. Maddox's last position with the District Government was General Counsel to the Office of the Inspector general.

 

11.       Based on the documentation sent to the Mayor, the Council and the Financial Authority, Mr. Maddox's nomination, confirmation and approval took place without a full disclosure of Mr. Maddox's qualifications and issues surrounding his Bar membership and the practice of law.

 

12.       Mr. Maddox testified that he simply failed to update his resume.  He repeatedly stated that he did not intend to mislead the Council or the Authority with respect to his qualifications.

 

 

TERM

 

            1.         On April 28, 1999, Councilmember Kathy Patterson, then Chairperson of                                 the Committee on Government Operations, sent Charles Maddox a letter                            stating, among other things, "it is possible that this [hearing on the                                                operations of the Office of the Inspector General] might also become a                          confirmation hearing depending on the Mayor's timetable in selecting an                                     Inspector General."

 

2.         On May 17, 1999, Phyllis Jones, Secretary to the Council, informed the members of the Council, of correspondence from the Mayor regarding the nomination of  Charles Maddox to be the Inspector General.  Ms. Jones stated in the written communication to the Councilmembers that "[t]he attached correspondence from the Mayor provides notice to the Council of his nomination of Charles Maddox as Inspector General.  His resume is attached for your review.  The Council's 7 day consultation period begins today, May 17, 1999....."

 

3.         Mayor Anthony A. Williams stated in his May 17, 1999 letter the following, "In accordance with Section 208 of the Procurement Practices Act of 1985, I am pleased to nominate Mr. Charles Maddox as Inspector General, where he was the principal legal advisor to the Inspector General in all areas of the Office's operations, including providing specific advice and guidance to both the audit and investigation divisions of the Office.  This nominee brings experience and continuity to the job of the Inspector General.  He will hold this government to the highest standards of accountability and trust.  I have enclosed a summary of the nominee's experience and qualifications for the Council."

 

4.         Mr. Maddox's resume listed his Upper Marlboro, Maryland address as well as his  Maryland home telephone number, D.C. condominium telephone number and his direct office telephone number.

 

5.         In the SUMMARY portion of Mr. Maddox's resume it states...."presently serving as General Counsel to the Inspector General for the District of Columbia...." In the PRESENT POSITION section of Mr. Maddox 's resume it states the following …."[s]erves as the General Counsel to the District of Columbia Inspector General.  Principal legal advisor to the Inspector General in all areas of the Office's operations, including providing specific advice and guidance to both the Audit and Investigations Divisions of the Office.  Serves as the Freedom of Information Act Officer, the Ethics Counselor, Legislative Liaison, Public Information Officer of the Inspector General, Liaison to the Office of the Corporation Counsel, the United States Attorney's Office, and other entities, internally and externally, on issues of law, regulation, procedure or policy.”

 

6.         On May 19, 1999, Councilmember Kathy Patterson, then Chairperson, Committee on Government Operations, conducted a public oversight hearing on the “Office of the Inspector General and Confirmation of Charles Maddox as Inspector General.”

 

7.         On May 20, 1999, Mayor Anthony A. Williams executed Mayor's Order 99-81 which stated ".....Charles C. Maddox is appointed Inspector General of the District of Columbia, subject to approval of the District of Columbia Financial Responsibility and Management Assistance Authority...."

 

8.         On May 20, 1999, the Council of the District of Columbia executed resolution 13-136 the "Sense of the Council on Inspector General of the District of Columbia Charles C. Maddox Confirmation Emergency Resolution of 1999."  The resolution stated "....The Council of the District of Columbia confirms the appointment of:

 

Charles C. Maddox

8020 Croom Station Road

Upper Marlboro, Maryland 20722

 

            as Inspector General of the District of Columbia, in accordance with section

            208 of the Procurement Practices Act of 1985,....replacing E. Barrett Prettyman,                       Jr., for a term to end January 15, 2002....The Council of the District of Columbia                    shall transmit a copy of this resolution, upon its adoption, each to the nominee and        to the Office of the Mayor....This resolution shall take effect immediately."

 

            9.         On May 26, 1999 under the signature of Alice M. Rivlin, Chair, District of

Columbia Financial Responsibility and Management Assistance Authority, Washington, D.C. ("Authority"), the Authority executed a resolution stating the following:

 

"WHEREAS, the Mayor of the District of Columbia has nominated Charles C. Maddox for appointment as Inspector General of the District of Columbia;

WHEREAS, the Council of the District of Columbia has expressed its approval of the nomination;      

WHEREAS, under Section 303(a) of Public Law 104-8, the approval by a majority vote of the Authority is required for the nomination to become effective;

WHEREAS, the Authority has determined that Charles C. Maddox is eminently qualified to fill this vital position by reason of his background, training, experience, temperament, character, integrity, and demonstrated ability in public administration and investigations;

 

Now, therefore, the Authority hereby approves the nomination of Charles C. Maddox to be appointed Inspector General of the District of  Columbia.

 

                                    This appointment is effective immediately."

 

10.       On May 27, 1999, Linda W. Cropp, Chairman of the Council, sent Mr. Maddox a letter addressed to 8020 Croom Station Road, Upper Marlboro, Maryland 20772, under her signature stating the following, "....[e]nclosed is a copy of  Council Resolution 13-136, "Sense of the Council on the Inspector General of the District of Columbia Charles C. Maddox Confirmation Emergency Resolution of 1999."  This resolution was adopted by the Council during the May 20, 1999 Legislative Meeting.  If you have any questions regarding this resolution, please contact me on 724-8032..."

 

11.       On May 27, 1999, Linda W. Cropp, Chairman of the Council, sent Anthony A. Williams a letter addressed to 441 Fourth Street, N.W. 11th Floor, Washington, D.C. 20001, under her signature stating the following, ".....[e]nclosed is a copy of Council Resolution 13-136, "Sense of the Council on the Inspector General of the District of Columbia Charles C. Maddox Confirmation Emergency Resolution of 1999. This Resolution was adopted by the Council during the May 20, 1999 Legislative Meeting. If you have any questions regarding this resolution, please contact me on 724-8032."

            12.       Charles Maddox never contacted Linda Cropp regarding Council                                              Resolution 13-136.

 

13.       Mayor Anthony A. Williams never contacted Linda Cropp regarding Council Resolution 13-136.

 

14.       In addition to Council Resolution 13-136 being sent to both Charles Maddox and Mayor Williams, the Resolution was also published in the District of Columbia Register, Vol 46-No. 22 Friday, May 28, 1999.

 

15.       Charles Maddox has testified that he has never seen Council Resolution 13-136,  never received Council Resolution 13-136 nor did he read Council Resolution 13-136 in the District of Columbia Register, Vol 46-No. 22 Friday, May 28, 1999.

 

16.       Mr. Maddox stated that had he seen Council Resolution 13-136 he would have challenged its validity regarding the length of his term.

 

17.       Mr. Maddox also stated that had he known that his appointment would have been for 2.5 years, he would not have accepted the position to be Inspector General for the District of Columbia.

 

18        Charles Maddox believes that his term as Inspector General ends on May 15, 2005 as opposed to January 15, 2002 as stated in Council Resolution 13-136.

 

RESIDENCE

 

1.         Upon Mr. Maddox becoming Inspector General for the District of Columbia on  May 26, 1999, by law he had 180 days to become a bona fide resident of the District of  Columbia.

 

2.         Public documents indicate that Mr. Maddox's principal residence is located at  8020 Croom Station Road, Upper Marlboro, Maryland 20772.

 

            3.         Mr. Maddox's wife resides at 8020 Croom Station Road, Upper Marlboro,                              Maryland 20772.

 

            4.         Public documents indicate that Mr. Maddox's District of Columbia                                            condominiums are listed as non-owner occupied.

 

5.         Mr. Maddox testified that he lives with his adult son in one of the D.C. condominiums.

 

6.         Public documents indicate that Mr. Maddox has a truck registered in the State of Maryland.

 

7.         Mr. Maddox's most recent annual filing with the Virginia Bar list his address as 8020 Croom Station Road, Upper Marlboro, Maryland 20772.       

 

8.         Mr. Maddox testified that he sleeps approximately two or three nights a week in the District of  Columbia.

 

9.         Mr. Maddox stated that he has a DC drivers license, votes in DC, pays taxes in DC and has two cars registered in DC.

 

10.       Mr. Maddox stated that he simply failed to change the public records to reflect his principal residence in the District of Columbia.

 

11.       District of Columbia law states…. [f]ailure to become a District resident or to maintain District residency shall result in forfeiture of the position to which the person has been appointed.

 

12.       Inspector General Maddox, in an effort to correct and amend his statement under oath regarding taxes of his federal Civil Service pension, sent a letter dated January, 22, 2002 to Chairman Orange, stating that the tax on his federal pension income was inadvertently sent to the state of Maryland and not to the District of Columbia as he had testified.