When D.C. Inspector General Charles J. Willoughby received a complaint on Feb. 18 about the “illegal transfer” of Unity Park in Adams Morgan from the Department of Parks and Recreation to the Office of Latino Affairs, he pushed it off his plate. “I am referring the matter to your attention for action as you determine is appropriate with no response to this Office requested,” Willoughby wrote in a March 17 letter to acting Attorney General Irvin B. Nathan, a copy of which was obtained by The Washington Examiner under the Freedom of Information Act.
Willoughby closed the file — without ever interviewing the complainant. Interestingly, he sent that individual an email, also dated March 17, advising “future inquiries” be directed to the OAG.
That wasn’t the first time Willoughby passed off his work: In 2009, he referred five cases back to the OAG; the next year he sent six. The IG had received 610 complaints in 2010, but, despite an $18 million budget and staff of 118 at his disposal, he sent 308 of those cases back to agencies. In 198 of those referrals Willoughby told directors they didn’t need to bother with any follow-up.
“There was a legal question,” said IG spokesman Roger Burke, explaining the Unity Park referral.
Wait. Isn’t Willoughby a former federal prosecutor?
“We believe that our review of this matter and subsequent referral was most appropriate under the circumstances,” Burke added.
Unity Park became the focus of a community battle after OLA established a vendors market there some three years ago with agreement from DPR. That action allowed select individuals to circumvent local laws and deprived the city of thousands of tax dollars. Established businesses have complained about the arrangement. There have been allegations of misuse of public funds.
The IG received a complaint on Oct. 21 requesting an investigation and an audit. But he closed that file without conducting either.
Burke told me last week the IG hadn’t realized an audit had been requested. “We weren’t taking a scalpel to the complaint, scrutinizing every detail.”
That’s scary.
What’s equally troubling is what happened to that OAG referral: When I contacted Nathan via email, he had Camille Sabbakhan call me. She works for him but, like many OAG lawyers, is physically located in another agency — the Department of Real Estate Services — where she serves as general counsel.
The IG’s referral had landed at the very agency in the very office that had originally approved the transfer of Unity to OLA — ignoring local regulations requiring notice in the D.C. Register when a park’s use substantially changes. The disturbing truth was that OAG staffers had been involved with Unity from the beginning.
Either the IG didn’t know about the possible conflict or didn’t care. Regardless, the entire episode revealed the dangers of Willoughby’s penchant for referring complaints back to agencies: Under these circumstances a fair and independent investigation into this case — and it appears many others — is unlikely.
So, forget about really dealing with waste, fraud and abuse. It’s not happening.
Jonetta Rose Barras’ column appears on Monday and Wednesday. She can be reached at [email protected].
