The city of Atlanta’s attorney sent a cease and desist letter to the Office of the Inspector General Monday, alleging the government watchdog has violated state law at least 50 times while issuing subpoenas during investigations.
City Attorney Patrise Perkins-Hooker said in the letter that Inspector General Shannon Manigault has been breaking a state law that requires notification to individuals by their banks when financial records are subpoenaed as part of criminal or tax investigations.
In dozens of subpoena’s obtained by the law department, the inspector general’s office included a line that stated “disclosure of the existence of this subpoena or its contents could impede the investigation being conducted and thereby interfere with the enforcement of law.”
“Please don’t notify,” the subpoenas say, according to the city attorney.
Manigault’s office responded to request for comment on Monday and said that the inspector general was unaware of the state requirement for banks until the mayor’s office discussed the law during a special work session last week.
“Upon a review of the state law, OIG immediately initiated measures to comply and preserve account holder protections,” a spokesperson for the office said in a statement. “Accountability is important and OIG owns its missteps. OIG had approached its subpoena process in good faith.”
According to state law, government agencies or officials that issue a subpoena for personal financial records must be provided notice of the request.
“The failure to provide notice to the depositor … is not legal and it places the City of Atlanta at risk for potential liability for this intentional violation of Georgia’s Banking and Finance Laws,” Perkins-Hooker said in a statement.
The cease and desist letter does not eliminate the inspector general’s subpoena power completely, but requests that Manigault comply with state law on the issue.
The back-and-forth is just the latest news in an almost year-long battle between Atlanta Mayor Andre Dickens’ administration and the inspector general’s office, which was created to root out misconduct and corruption.
The mayor’s office accused the watchdog of violating state law during the subpoena process at the same time City Council members are reviewing sweeping changes to the Office of the Inspector General, which was created in the wake of Atlanta’s 2017 federal corruption investigation.
Proponents of changes to the office say that employee rights are being trampled during investigations. But critics accuse the mayor’s office of gutting the watchdog’s political independence.
Check back for updates.
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