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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5998 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002066 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF INSPECTOR |
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| 16 | 16 | | GENERAL |
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| 17 | 17 | | Introduced By: Representatives Lima, J. Brien, and Costantino |
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| 18 | 18 | | Date Introduced: February 28, 2025 |
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| 19 | 19 | | Referred To: House Finance |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1 |
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| 24 | 24 | | GOVERNMENT" is hereby amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 9.4 3 |
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| 26 | 26 | | OFFICE OF INSPECTOR GENERAL 4 |
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| 27 | 27 | | 42-9.4-1. Purpose. 5 |
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| 28 | 28 | | There is created the office of the inspector general that shall be an independent 6 |
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| 29 | 29 | | administrative agency, for which purpose shall be to investigate the management and operation of 7 |
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| 30 | 30 | | agencies. The office shall be assigned to the office of the governor for administrative purposes only 8 |
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| 31 | 31 | | and not under the governor's authority and be an independent agency. The jurisdiction, 9 |
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| 32 | 32 | | authorization, powers, and duties granted to the office in this chapter shall be in addition to, and 10 |
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| 33 | 33 | | not in contravention of, any and all jurisdiction, authorization, powers, and duties of the attorney 11 |
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| 34 | 34 | | general or any other state or local law enforcement agency. 12 |
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| 35 | 35 | | 42-9.4-2. Definitions. 13 |
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| 36 | 36 | | As used in this chapter, the term: 14 |
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| 37 | 37 | | (1) "Abuse" means the intentional, wrongful, or improper use or destruction of state 15 |
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| 38 | 38 | | resources. 16 |
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| 39 | 39 | | (2) "Agency" shall have the same meaning as provided in ยง 42-35-1 ("administrative 17 |
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| 40 | 40 | | procedures"). 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002066 - Page 2 of 8 |
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| 44 | 44 | | (3) "Corruption" means an intentional act of fraud, waste, or abuse or the use of public 1 |
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| 45 | 45 | | office for personal or pecuniary gain for oneself or another. 2 |
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| 46 | 46 | | (4) "Employee" means any person in the executive branch of state government who is 3 |
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| 47 | 47 | | employed by an agency, including agency heads, directors, and commissioners. 4 |
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| 48 | 48 | | (5) "Fraud" means an act of intentional or reckless deceit to mislead or otherwise deceive. 5 |
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| 49 | 49 | | (6) "Inspector general" means the inspector general created by this chapter or their 6 |
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| 50 | 50 | | designee. 7 |
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| 51 | 51 | | (7) "Office" means the office of the inspector general created by this chapter. 8 |
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| 52 | 52 | | (8) "Officer" means any person appointed to any agency, board, authority, bureau, 9 |
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| 53 | 53 | | commission, or council in the executive branch of state government. 10 |
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| 54 | 54 | | (9) "Official" means any person elected to office within the executive branch of 11 |
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| 55 | 55 | | government. 12 |
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| 56 | 56 | | (10) "Peace officer" means, for purpose of this chapter: 13 |
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| 57 | 57 | | (i) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a 14 |
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| 58 | 58 | | railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by 15 |
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| 59 | 59 | | virtue of public employment or service with authority to enforce the criminal or traffic laws through 16 |
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| 60 | 60 | | the power of arrest and whose duties include the preservation of public order, the protection of life 17 |
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| 61 | 61 | | and property, and the prevention, detection, or investigation of crime; 18 |
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| 62 | 62 | | (ii) An enforcement officer who is employed by the department of transportation in its 19 |
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| 63 | 63 | | office of permits and enforcement and any person employed by the department of attorney general 20 |
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| 64 | 64 | | or the department of children, youth and families (DCYF) who is designated to investigate and 21 |
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| 65 | 65 | | apprehend delinquent children and any child with a pending juvenile court case alleging the child 22 |
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| 66 | 66 | | to be a child in need of services; 23 |
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| 67 | 67 | | (iii) Personnel who are authorized to exercise the power of arrest, who are employed or 24 |
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| 68 | 68 | | appointed by the department of attorney general or DCYF, and whose full-time duties include the 25 |
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| 69 | 69 | | preservation of public order, the protection of life and property, the detection of crime, the 26 |
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| 70 | 70 | | supervision of delinquent children in the department's institutions, facilities, or programs, or the 27 |
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| 71 | 71 | | supervision of delinquent children under intensive supervision in the community; 28 |
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| 72 | 72 | | (iv) Personnel who are authorized to exercise the power of arrest and who are employed or 29 |
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| 73 | 73 | | appointed by the department of corrections; and 30 |
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| 74 | 74 | | (v) An administrative investigator who is an agent, operative, investigator, or officer of this 31 |
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| 75 | 75 | | state whose duties include the prevention, detection, and investigation of violations of law and the 32 |
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| 76 | 76 | | enforcement of administrative, regulatory, licensing, or certification requirements of their 33 |
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| 77 | 77 | | respective employing agency. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002066 - Page 3 of 8 |
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| 81 | 81 | | (vi) Law enforcement support personnel are not peace officers within the meaning of this 1 |
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| 82 | 82 | | chapter, but they may be certified upon voluntarily complying with the certification provisions of 2 |
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| 83 | 83 | | this chapter. 3 |
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| 84 | 84 | | (11) "Waste" means a reckless or grossly negligent act that causes state funds to be spent 4 |
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| 85 | 85 | | in a manner that was not authorized or represents significant inefficiency and needless expense. 5 |
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| 86 | 86 | | 42-9.4-3. Inspector general independent commission. 6 |
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| 87 | 87 | | There shall be a fourteen (14) member independent commission comprised of: 7 |
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| 88 | 88 | | (1) The superintendent of the Rhode Island state police; 8 |
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| 89 | 89 | | (2) Two (2) members appointed by the superintendent of the state police, one from the 9 |
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| 90 | 90 | | forensic financial crimes unit and one from the cybersecurity unit; 10 |
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| 91 | 91 | | (3) The auditor general or designee; 11 |
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| 92 | 92 | | (4) The head of Common Cause or designee; 12 |
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| 93 | 93 | | (5) Two (2) members of the Rhode Island Police Chiefs' Association to be appointed by 13 |
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| 94 | 94 | | the head of the police chiefs' association; 14 |
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| 95 | 95 | | (6) One member to be appointed by the governor; 15 |
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| 96 | 96 | | (7) One member to be appointed by the attorney general; 16 |
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| 97 | 97 | | (8) One member to be appointed by the general treasurer; 17 |
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| 98 | 98 | | (9) The chair of the institute of cybersecurity; 18 |
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| 99 | 99 | | (10) Two (2) members from the institute for cybersecurity and emerging technologies at 19 |
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| 100 | 100 | | Rhode Island college to be appointed by chair of the institute; and 20 |
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| 101 | 101 | | (11) Congressman James Langevin. 21 |
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| 102 | 102 | | 42-9.4-4. Terms -- Powers -- Duties. 22 |
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| 103 | 103 | | (a) The inspector general's appointment shall be for a term of eight (8) years. 23 |
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| 104 | 104 | | (b) The commission shall be charged with creating a selection process for the appointment 24 |
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| 105 | 105 | | of the inspector general by interviewing potential candidates, selecting three (3) candidates for the 25 |
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| 106 | 106 | | position of inspector general and sending them to the governor who will appoint one as the inspector 26 |
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| 107 | 107 | | general and send that selection to the senate for confirmation. 27 |
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| 108 | 108 | | 42-9.4-5. Powers of inspector general. 28 |
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| 109 | 109 | | (a) The inspector general shall have jurisdiction over any official, officer, employee, 29 |
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| 110 | 110 | | department, division, bureau, board, commission, or agency in the executive branch of state 30 |
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| 111 | 111 | | government. The inspector general shall establish the organization structure appropriate to carrying 31 |
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| 112 | 112 | | out the responsibilities and functions of the office and shall have the power to employ, promote, 32 |
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| 113 | 113 | | and remove such assistants, employees, and personnel as deemed necessary for the efficient and 33 |
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| 114 | 114 | | effective administration of the office. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002066 - Page 4 of 8 |
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| 118 | 118 | | (b) The inspector general shall have the following duties: 1 |
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| 119 | 119 | | (1) Receive and investigate complaints from any source alleging fraud, waste, abuse, or 2 |
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| 120 | 120 | | corruption that has been committed or is being committed against an agency of the state; 3 |
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| 121 | 121 | | (2) Investigate acts that may constitute violations committed by officers, officials, or 4 |
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| 122 | 122 | | employees of agencies; 5 |
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| 123 | 123 | | (3) Investigate retaliation claims regarding officers, officials, or employees of agencies 6 |
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| 124 | 124 | | submitted; 7 |
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| 125 | 125 | | (4) Report suspected acts of fraud, waste, abuse, or corruption against or within an agency 8 |
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| 126 | 126 | | to the governor and, as appropriate, other state or federal entities with jurisdiction over the matter; 9 |
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| 127 | 127 | | (5) Upon conclusion of an investigation that results in a finding of fraud, waste, abuse, or 10 |
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| 128 | 128 | | corruption, issue a report or letter to the office of the governor as requested and release to the public 11 |
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| 129 | 129 | | any such report unless the public release of such report would compromise a pending criminal 12 |
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| 130 | 130 | | investigation known to the inspector general or otherwise be exempt from disclosure; 13 |
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| 131 | 131 | | (6) Instruct and educate agencies on the detection and prevention of fraud, waste, abuse, 14 |
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| 132 | 132 | | and corruption; conduct evaluations and audits of relevant agency policies and procedures 15 |
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| 133 | 133 | | implicated by any investigation; and create a remedial action plan to prevent recurrences of fraud, 16 |
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| 134 | 134 | | waste, abuse, and corruption; 17 |
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| 135 | 135 | | (7) Close an investigation when the inspector general concludes there is insufficient 18 |
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| 136 | 136 | | evidence that a violation has occurred. Closure by the inspector general shall not bar the reopening 19 |
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| 137 | 137 | | the investigation if circumstances warrant; 20 |
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| 138 | 138 | | (8) Act as a liaison with outside agencies and agencies of the government of the United 21 |
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| 139 | 139 | | States to promote accountability, integrity, and efficiency in state government; 22 |
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| 140 | 140 | | (9) Act as a liaison and monitor the activities of internal affairs units, inspectors general, 23 |
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| 141 | 141 | | and offices of professional standards within agencies; 24 |
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| 142 | 142 | | (10) Conduct special investigations and management reviews of agencies at the request of 25 |
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| 143 | 143 | | the governor or state police or attorney general; and 26 |
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| 144 | 144 | | (11) Other duties assigned by the governor that are consistent with this chapter and that 27 |
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| 145 | 145 | | involve or concern the management, operation, or personnel of agencies. 28 |
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| 146 | 146 | | (c)(1) Agencies shall cooperate with any investigation conducted pursuant to this chapter. 29 |
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| 147 | 147 | | In any agency where fraud, waste, abuse, or corruption is detected, the agency shall take remedial 30 |
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| 148 | 148 | | steps to prevent recurrences of similar conduct and, the inspector general shall have access to all 31 |
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| 149 | 149 | | records available to the governor. The inspector general shall be authorized to enter upon the 32 |
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| 150 | 150 | | premises of any agency at any time, without prior announcement, if necessary, for the successful 33 |
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| 151 | 151 | | completion of an investigation. In the course of an investigation, the inspector general shall be 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002066 - Page 5 of 8 |
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| 155 | 155 | | authorized to question any official, officer, or employee serving in the agency and may inspect and 1 |
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| 156 | 156 | | copy any books, records, or papers in the possession of the agency, taking care to preserve the 2 |
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| 157 | 157 | | confidentiality of information contained in responses to questions or the books, records, or papers 3 |
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| 158 | 158 | | that are made confidential by law. 4 |
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| 159 | 159 | | (2) The knowing failure of any official, officer, or employee to comply with an 5 |
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| 160 | 160 | | investigation made pursuant to this chapter or the knowing provision of false information during 6 |
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| 161 | 161 | | an investigation may be cause for discipline, up to and including termination as long as such 7 |
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| 162 | 162 | | official, officer, or employee is subject to termination or other discipline by such agency. 8 |
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| 163 | 163 | | (3) No agency, officer, or official shall take action against an official, officer, or employee 9 |
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| 164 | 164 | | for disclosing or threatening to disclose the existence of any activity constituting waste, fraud, 10 |
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| 165 | 165 | | abuse, or corruption to the inspector general, unless the disclosure or threatened disclosure was 11 |
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| 166 | 166 | | made with knowledge that the disclosure was false or was made with willful disregard for its truth 12 |
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| 167 | 167 | | or falsity. Any report disclosed by the office may differ from the complete written report in that the 13 |
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| 168 | 168 | | inspector general shall have the discretion to redact or otherwise protect the names of complainants 14 |
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| 169 | 169 | | and witnesses, or other facts that, if not redacted, might compromise the identity of a complainant 15 |
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| 170 | 170 | | or witness. 16 |
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| 171 | 171 | | (4)(i) In performing any investigation authorized by this chapter, the inspector general shall 17 |
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| 172 | 172 | | be authorized to administer oaths, examine witnesses under oath, and issue any subpoenas 18 |
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| 173 | 173 | | necessary to compel the attendance of witnesses and the production of all books, records, papers, 19 |
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| 174 | 174 | | and tangible items that constitute or contain evidence which the inspector general finds reasonably 20 |
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| 175 | 175 | | relevant or material to the investigation. 21 |
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| 176 | 176 | | (ii) Service of any subpoena issued under this chapter shall be made by any designated 22 |
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| 177 | 177 | | person. Service upon a natural person may be made by personal delivery of the subpoena to that 23 |
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| 178 | 178 | | person. Subpoenas may also be served upon a natural person by registered or certified mail or 24 |
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| 179 | 179 | | statutory overnight delivery, and the return receipt shall constitute prima facie proof of service. 25 |
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| 180 | 180 | | Service upon a natural person may also be made by serving as the person's counsel of record. 26 |
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| 181 | 181 | | Service may be made upon a domestic or foreign corporation by delivering the subpoena to an 27 |
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| 182 | 182 | | officer, to a managing or general agent, or to any other agent authorized by appointment or by law 28 |
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| 183 | 183 | | to receive service of process. A subpoena requiring the attendance of a witness may be served at 29 |
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| 184 | 184 | | any place within this state. 30 |
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| 185 | 185 | | (iii) In the case of a refusal to obey any issued subpoena, the inspector general or designee 31 |
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| 186 | 186 | | may request that the attorney general petition the superior court within any jurisdiction where the 32 |
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| 187 | 187 | | investigation is carried on, where the subpoenaed person resides, or where the subpoenaed person 33 |
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| 188 | 188 | | carries on business or may be found to compel compliance with the subpoena. The attorney general 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002066 - Page 6 of 8 |
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| 192 | 192 | | shall petition the court upon such request by the inspector general or designee. 1 |
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| 193 | 193 | | (iv) Upon the filing of the petition, the court shall enter an order directing the person to 2 |
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| 194 | 194 | | appear before the court at a specified time and place and then and there show cause why they had 3 |
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| 195 | 195 | | not attended, answered questions under penalty of perjury, or produced the requested items as 4 |
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| 196 | 196 | | required. If it appears to the court that the subpoena was regularly issued by the inspector general, 5 |
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| 197 | 197 | | the court shall enter an order that the person named in the subpoena appear at the time and place 6 |
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| 198 | 198 | | fixed in the order and answer questions under penalty of perjury or produce the requested items as 7 |
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| 199 | 199 | | required. Upon failure to obey the order, the person shall be subject to contempt of court. All 8 |
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| 200 | 200 | | process in any such case may be served at any place within this state. 9 |
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| 201 | 201 | | (v) Nothing in this section limits or alters a person's existing rights or protections under 10 |
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| 202 | 202 | | state or federal law. 11 |
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| 203 | 203 | | (d) For the purposes of this chapter, the inspector general shall have the authority to employ 12 |
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| 204 | 204 | | police officers. Persons employed full time or part time for the purpose of conducting potential 13 |
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| 205 | 205 | | criminal investigations under this chapter shall be certified police officers and shall have all the 14 |
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| 206 | 206 | | powers of a certified police officer of this state including, but not limited to, the power to obtain, 15 |
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| 207 | 207 | | serve, and execute search warrants. Such certified police officers shall be subject to the 16 |
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| 208 | 208 | | requirements of all police standards and training laws and are specifically required to complete the 17 |
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| 209 | 209 | | training required for police officers by that chapter. Such certified police officers shall be 18 |
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| 210 | 210 | | authorized, with the written approval of the inspector general to carry firearms of a standard police 19 |
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| 211 | 211 | | issue when engaged in detecting, investigating, or preventing crimes under this chapter. 20 |
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| 212 | 212 | | 42-9.4-6. Conflict of laws. 21 |
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| 213 | 213 | | All general or public laws in conflict with this chapter are secondary to this chapter and if 22 |
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| 214 | 214 | | any conflict should occur the provisions of this chapter shall control. 23 |
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| 215 | 215 | | 42-9.4-7. Rules and regulations. 24 |
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| 216 | 216 | | The office of the inspector general shall, pursuant to the provisions of chapter 35 of title 25 |
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| 217 | 217 | | 42, ("administrative procedures"), promulgate rules and regulations, which shall govern its 26 |
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| 218 | 218 | | proceedings. 27 |
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| 219 | 219 | | 42-9.4-8. Confidentiality of records. 28 |
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| 220 | 220 | | (a) All records of the office of inspector general shall be confidential and shall not be public 29 |
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| 221 | 221 | | records, unless it is necessary for the inspector general to make such records public in the 30 |
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| 222 | 222 | | performance of their duties or in response to a court order. 31 |
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| 223 | 223 | | (b) Violation of the provisions of the confidentiality of proceedings by the inspector general 32 |
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| 224 | 224 | | or any member of the staff, or by any member of the inspector general's office, shall be punished 33 |
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| 225 | 225 | | by imprisonment for not more than six (6) months or by a fine of not more than one thousand dollars 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC002066 - Page 7 of 8 |
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| 229 | 229 | | ($1,000). 1 |
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| 230 | 230 | | SECTION 2. This act shall take effect upon passage. 2 |
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| 232 | 232 | | LC002066 |
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| 234 | 234 | | |
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| 235 | 235 | | |
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| 236 | 236 | | LC002066 - Page 8 of 8 |
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| 237 | 237 | | EXPLANATION |
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| 238 | 238 | | BY THE LEGISLATIVE COUNCIL |
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| 239 | 239 | | OF |
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| 240 | 240 | | A N A C T |
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| 241 | 241 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF INSPECTOR |
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| 242 | 242 | | GENERAL |
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| 243 | 243 | | *** |
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| 244 | 244 | | This act would establish an office of inspector general as an independent administrative 1 |
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| 245 | 245 | | agency, charged with preventing and detecting fraud, waste, abuse, and mismanagement in the 2 |
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| 246 | 246 | | expenditure of public funds. 3 |
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| 247 | 247 | | This act would take effect upon passage. 4 |
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| 249 | 249 | | LC002066 |
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