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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0097 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000486 |
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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: Senators Raptakis, Thompson, Rogers, Paolino, de la Cruz, and E Morgan |
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| 18 | 18 | | Date Introduced: January 31, 2025 |
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| 19 | 19 | | Referred To: Senate 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 | | The office of inspector general shall be an independent administrative agency, charged 6 |
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| 29 | 29 | | with the purpose of preventing and detecting fraud, waste, abuse and mismanagement in the 7 |
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| 30 | 30 | | expenditure of public funds, whether federal, state, or local, and relating to any and all state 8 |
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| 31 | 31 | | programs and operations, as well as the procurement of any supplies, services, or construction, by 9 |
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| 32 | 32 | | agencies, bureaus, divisions, sections, departments, offices, commissions, institutions and activities 10 |
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| 33 | 33 | | of the State of Rhode Island, including those districts, authorities, or political subdivisions created 11 |
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| 34 | 34 | | by the general assembly, the governor, and any court, including any city and town within the State 12 |
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| 35 | 35 | | of Rhode Island. 13 |
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| 36 | 36 | | 42-9.4-2. Definitions. 14 |
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| 37 | 37 | | As used in this chapter, unless the context requires otherwise, the following words shall 15 |
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| 38 | 38 | | have the following meanings: 16 |
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| 39 | 39 | | (1) "Construction" means the process of building, altering, repairing, improving, or 17 |
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| 40 | 40 | | demolishing any public structure or building, or other improvements of any kind to any public 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000486 - Page 2 of 10 |
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| 44 | 44 | | property. 1 |
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| 45 | 45 | | (2) "Contract" means all types of agreements, including grants and orders, for the purchase 2 |
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| 46 | 46 | | or disposal of supplies, services, construction, or any other item. It includes: awards; contracts of a 3 |
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| 47 | 47 | | fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of 4 |
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| 48 | 48 | | job or task orders; leases; letter contracts; purchase orders; and construction management contracts. 5 |
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| 49 | 49 | | It also includes supplemental agreements with respect to any of the foregoing. 6 |
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| 50 | 50 | | (3) "Contractor" means any person, corporation, partnership, business, union, committee, 7 |
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| 51 | 51 | | or other organization entity or group of individuals performing any tasks, or duties defined under a 8 |
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| 52 | 52 | | written or oral contract with and for the State of Rhode Island. 9 |
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| 53 | 53 | | (4) "Procurement" means the purchasing, buying, renting, leasing, or otherwise obtaining 10 |
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| 54 | 54 | | of any supplies, services, or construction. It also includes all functions that pertain to the obtaining 11 |
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| 55 | 55 | | of any supply, service, or construction item, including a description of requirements, selection and 12 |
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| 56 | 56 | | solicitation of sources, preparation, and award of contract, and all phases of contract administration. 13 |
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| 57 | 57 | | (5) "Public funds" means state, federal and local funds, either appropriated, non-14 |
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| 58 | 58 | | appropriated or given under right of grant. 15 |
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| 59 | 59 | | (6) "Services" means the rendering, by a contractor, of its time and effort rather than the 16 |
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| 60 | 60 | | furnishing of a specific end product, other than reports which are merely incidental to the required 17 |
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| 61 | 61 | | performance of services. 18 |
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| 62 | 62 | | (7) "Supplies" means all property, including, but not limited to, leases of real property, 19 |
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| 63 | 63 | | printing, and insurance, except land or permanent interest in land. 20 |
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| 64 | 64 | | 42-9.4-3. Establishment of office -- Appointment and removal of inspector general. 21 |
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| 65 | 65 | | (a) There is hereby established an office of inspector general, hereinafter called (the 22 |
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| 66 | 66 | | "office"). There shall be in the office an inspector general, who shall be the administrative head of 23 |
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| 67 | 67 | | the office and who shall be appointed by a majority vote of the governor, the attorney general and 24 |
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| 68 | 68 | | the general treasurer for a five (5) year term to begin July 1 and end June 30, five (5) years later. 25 |
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| 69 | 69 | | The appointee shall serve one term only. The person so appointed shall be selected without regard 26 |
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| 70 | 70 | | to political affiliation and with a demonstrated ability in accounting, auditing, financial analysis, 27 |
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| 71 | 71 | | law, management analysis, public administration, investigation or criminal justice administration. 28 |
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| 72 | 72 | | (b) The selection process of a qualified inspector general shall include at least one public 29 |
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| 73 | 73 | | forum. If an inspector general is not selected within one month of a new inspector general term, the 30 |
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| 74 | 74 | | governor shall appoint an inspector general. The inspector general shall have at least five (5) years 31 |
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| 75 | 75 | | of experience in accounting, criminal justice, or a closely related profession and a bachelor's degree 32 |
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| 76 | 76 | | from an accredited college or university with a major in accounting, criminal justice, or a closely 33 |
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| 77 | 77 | | related field of study. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000486 - Page 3 of 10 |
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| 81 | 81 | | (c) No inspector general shall hold, or be a candidate for, any other elective or appointed 1 |
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| 82 | 82 | | public office while an inspector general and for one year thereafter. No inspector general shall hold 2 |
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| 83 | 83 | | a position in any political party or political committee, or participate in any political campaign of 3 |
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| 84 | 84 | | any candidate for public office while an inspector general. 4 |
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| 85 | 85 | | (d) In case of a vacancy in the position of inspector general, their successor shall be 5 |
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| 86 | 86 | | appointed in the manner described in subsection (a) of this section, and shall serve from their date 6 |
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| 87 | 87 | | of appointment until the fifth June 30, following their appointment. If this vacancy is not filled 7 |
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| 88 | 88 | | within one month, then the governor shall appoint an inspector general. 8 |
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| 89 | 89 | | (e) The person so appointed may be removed from office for cause by a unanimous vote of 9 |
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| 90 | 90 | | the governor, the lieutenant governor and the secretary of state. Such cause may include substantial 10 |
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| 91 | 91 | | neglect of duty, gross misconduct or conviction of a crime, whether or not it is work related. The 11 |
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| 92 | 92 | | reasons for removal of the inspector general shall be stated in writing and shall include the basis 12 |
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| 93 | 93 | | for such removal. Such writing shall be a public document. The inspector general shall have ten 13 |
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| 94 | 94 | | (10) days to submit a written appeal, which shall be a public document. If no appeal is made, the 14 |
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| 95 | 95 | | inspector general shall be dismissed from office. If an appeal is made, a vote shall be taken in the 15 |
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| 96 | 96 | | senate. A two-thirds (2/3) vote of the senate shall be required to dismiss the inspector general. 16 |
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| 97 | 97 | | 42-9.4-4. Employees -- Appointment and removal, salaries, qualifications. 17 |
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| 98 | 98 | | (a) The inspector general may, subject to appropriation, appoint and remove such 18 |
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| 99 | 99 | | employees as they deem necessary to perform the duties of the office, including, but not limited to, 19 |
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| 100 | 100 | | assistant inspector generals, chief and deputy counsels, clerks, paralegals, accountants, auditors, 20 |
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| 101 | 101 | | financial management analysts and investigators. The inspector general may determine their 21 |
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| 102 | 102 | | salaries and duties; provided, however, that the total amount of all such salaries shall not exceed 22 |
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| 103 | 103 | | the sum appropriated therefor by the general assembly. 23 |
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| 104 | 104 | | (b) The inspector general shall file an annual personnel report not later than the first 24 |
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| 105 | 105 | | Wednesday in February with the senate and house finance committees containing the job 25 |
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| 106 | 106 | | classifications, duties and salary of each officer and employee within the office, together with 26 |
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| 107 | 107 | | personnel regulations applicable to said officers and employees. The inspector general shall file 27 |
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| 108 | 108 | | amendments to such report with the senate and house finance committees, whenever any change 28 |
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| 109 | 109 | | becomes effective. 29 |
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| 110 | 110 | | (c) No officer or employee of the office of inspector general shall hold, or be a candidate 30 |
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| 111 | 111 | | for, any elective public office, while an officer or employee, or for one year thereafter, nor shall 31 |
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| 112 | 112 | | they hold a position in any political party or political committee, or participate in any political 32 |
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| 113 | 113 | | campaign of any candidate for public office while an officer or employee. 33 |
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| 114 | 114 | | 42-9.4-5. Inspector general -- Salary and budget. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000486 - Page 4 of 10 |
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| 118 | 118 | | The general assembly shall annually set the salary of the inspector general and set the total 1 |
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| 119 | 119 | | budget for the office of the inspector general. 2 |
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| 120 | 120 | | 42-9.4-6. Rules and regulations. 3 |
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| 121 | 121 | | The office shall, pursuant to the provisions of chapter 35 of title 42, (administrative 4 |
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| 122 | 122 | | procedures act), promulgate rules and regulations, which shall govern its proceedings. 5 |
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| 123 | 123 | | 42-9.4-7. Duties. 6 |
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| 124 | 124 | | The inspector general shall supervise, coordinate and/or conduct audits, criminal, civil and 7 |
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| 125 | 125 | | administrative investigations and inspections or oversight reviews, when necessary, relating to 8 |
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| 126 | 126 | | programs and operations listed in § 42-9.4-1. The inspector general shall review statutes and 9 |
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| 127 | 127 | | regulations relating to programs and operations listed in § 42-9.4-1 and shall determine if public 10 |
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| 128 | 128 | | bodies listed in § 42-9.4-1 are in compliance and shall make recommendations concerning the effect 11 |
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| 129 | 129 | | of such statutes or regulations on the prevention and detection of fraud, waste and abuse. The 12 |
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| 130 | 130 | | inspector general may recommend policies that will assist in the prevention or detection of fraud, 13 |
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| 131 | 131 | | waste and abuse and mismanagement. The person in charge of, or the governing body of any public 14 |
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| 132 | 132 | | body listed in § 42-9.4-1, may request the assistance of the office of inspector general with respect 15 |
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| 133 | 133 | | to implementation of any reviews, audits, and/or investigations as deemed appropriate and 16 |
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| 134 | 134 | | implement suggested policy or procedure changes. In such events, the inspector general may assign 17 |
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| 135 | 135 | | personnel to conduct, supervise, or coordinate such activity as deemed necessary and appropriate 18 |
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| 136 | 136 | | to perform their duties in a diligent and prudent manner. The inspector general may recommend 19 |
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| 137 | 137 | | policies for the conduct, supervision or coordination of relationship, between state and local 20 |
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| 138 | 138 | | governmental agencies as well as federal governmental agencies and nongovernmental entities with 21 |
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| 139 | 139 | | respect to all matters relating to the prevention and detection of fraud, waste, abuse and 22 |
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| 140 | 140 | | mismanagement in or relating to any and all programs and activities of the State of Rhode Island 23 |
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| 141 | 141 | | as listed in § 42-9.4-1. 24 |
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| 142 | 142 | | 42-9.4-8. Inspection of records and papers -- Investigations -- Subpoenas. 25 |
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| 143 | 143 | | (a) The inspector general, in carrying out the duties outlined in this chapter, shall have 26 |
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| 144 | 144 | | access to all records, reports, audits, reviews, papers, books, documents, recommendations, 27 |
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| 145 | 145 | | correspondence, including information relative to the purchase of services or anticipated purchase 28 |
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| 146 | 146 | | of services from any contractor by any public body listed in § 42-9.4-1, and any other data and 29 |
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| 147 | 147 | | material that is maintained by or available to any public body, regardless of the media in which it 30 |
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| 148 | 148 | | is maintained, which is in any way related to the programs and operations with respect to the State 31 |
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| 149 | 149 | | of Rhode Island, including any local town, municipality or city. 32 |
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| 150 | 150 | | (b) The inspector general may request information, cooperation and assistance from any 33 |
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| 151 | 151 | | state, or local governmental agency, as may be necessary for carrying out their duties and 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000486 - Page 5 of 10 |
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| 155 | 155 | | responsibilities. Upon receipt of such request, each person in charge of, or the governing body of 1 |
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| 156 | 156 | | any public body listed in § 42-9.4-1, shall furnish to the inspector general or their authorized agent 2 |
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| 157 | 157 | | or representative such information, cooperation and assistance, including information relative to 3 |
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| 158 | 158 | | the purchase of services or anticipated purchase of services from any contractor by any public body 4 |
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| 159 | 159 | | within ten (10) business days of receipt of the inspector general's request. If the request for the 5 |
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| 160 | 160 | | information requested cannot be complied within the ten (10) business days, the senior official of 6 |
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| 161 | 161 | | the governmental agency shall notify the inspector general, before the expiration of the ten (10) 7 |
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| 162 | 162 | | business days, as to the reason that the request cannot be complied with in the time frame of this 8 |
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| 163 | 163 | | section and shall provide a specific date for expected compliance. 9 |
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| 164 | 164 | | (c) The inspector general may initiate and conduct investigations, audits and compliance 10 |
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| 165 | 165 | | reviews and shall prepare detailed reports relating to findings and conclusions concerning the 11 |
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| 166 | 166 | | administration of the programs and operations of the applicable public bodies listed in § 42-9.4-1, 12 |
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| 167 | 167 | | as are in the judgment of the inspector general necessary and may conduct an examination of any 13 |
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| 168 | 168 | | public documents. 14 |
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| 169 | 169 | | (d) The inspector general shall have direct and prompt access to the head of any public 15 |
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| 170 | 170 | | body listed in § 42-9.4-1, when necessary for any purpose pertaining to the performance of their 16 |
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| 171 | 171 | | duties and responsibilities under this chapter. 17 |
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| 172 | 172 | | (e) The inspector general may request the production, on a voluntary basis, of testimony or 18 |
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| 173 | 173 | | documents from any individual, firm or nongovernmental entity which relate to actions or matters 19 |
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| 174 | 174 | | that pertain to state, municipal or local governmental agencies as dictated by their duties and 20 |
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| 175 | 175 | | responsibilities. 21 |
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| 176 | 176 | | (f)(1) The inspector general may issue a subpoena for the production of all records, reports, 22 |
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| 177 | 177 | | audits, reviews, papers, books, documents, recommendations, correspondence and any other data 23 |
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| 178 | 178 | | and material relevant to any matter under audit or investigation, pursuant to the provisions of this 24 |
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| 179 | 179 | | chapter, no matter in which media the information is maintained. 25 |
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| 180 | 180 | | (2) A subpoena may be issued only when a person, corporation or other entity under 26 |
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| 181 | 181 | | investigation or being audited refuses to voluntarily comply with a request from the inspector 27 |
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| 182 | 182 | | general. 28 |
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| 183 | 183 | | (3) Such subpoena shall be served in the same manner as a subpoena for the production of 29 |
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| 184 | 184 | | documents in civil cases issued on behalf of the State of Rhode Island, and all provisions of law 30 |
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| 185 | 185 | | relative to said subpoena shall apply to a subpoena issued pursuant to this chapter. Any justice of 31 |
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| 186 | 186 | | the superior court may, upon application by the inspector general, issue an order to compel the 32 |
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| 187 | 187 | | production of records, reports, audits, reviews, papers, books, documents, recommendations, 33 |
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| 188 | 188 | | correspondence and any other data and material in the same manner and to the same extent as if the 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000486 - Page 6 of 10 |
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| 192 | 192 | | matter was before said superior court. Any failure to obey such order may be punished by the 1 |
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| 193 | 193 | | superior court as a contempt of court. 2 |
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| 194 | 194 | | (4) Any subpoena issued pursuant to this section, shall not be made public by the inspector 3 |
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| 195 | 195 | | general or any officer or employee of that office, nor shall any documents or records provided 4 |
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| 196 | 196 | | pursuant to this section be made public until such time as it is necessary for the inspector general 5 |
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| 197 | 197 | | as required by the performance of their official duties. The production of such documents or records 6 |
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| 198 | 198 | | pursuant to subpoena shall be governed by the same provisions with reference to secrecy, which 7 |
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| 199 | 199 | | govern the proceedings of a grand jury. Disclosure of such production, attendance, and testimony 8 |
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| 200 | 200 | | may be made to such members of the staff of the office of the inspector general as is deemed 9 |
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| 201 | 201 | | necessary in the performance of the inspector general's duties and responsibilities under this chapter 10 |
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| 202 | 202 | | and such members of the staff may be present at the production of records. 11 |
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| 203 | 203 | | 42-9.4-9. Subpoena for witness testimony and for release of material evidence. 12 |
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| 204 | 204 | | (a) Whenever the inspector general has reason to believe that a person has information or 13 |
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| 205 | 205 | | evidence in their possession with respect to any matter which is within the inspector general's 14 |
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| 206 | 206 | | jurisdiction to investigate, they may issue a subpoena for the attendance and testimony, under oath 15 |
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| 207 | 207 | | of any person as designated, or the surrender of identified item(s) of evidence; provided, however, 16 |
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| 208 | 208 | | that such subpoena may be issued by the inspector general only in the performance of official duties 17 |
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| 209 | 209 | | relating to the detection of fraud, waste, abuse and mismanagement. The subpoena for testimony 18 |
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| 210 | 210 | | or specific items identified as needed in support of an investigation shall include: the name and 19 |
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| 211 | 211 | | address of the prospective witness or a list of specific items identified as needed for the 20 |
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| 212 | 212 | | investigation and the reasons for requesting a subpoena for testimony or production of items 21 |
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| 213 | 213 | | deemed necessary to support the investigation. 22 |
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| 214 | 214 | | (b) The inspector general or anyone duly authorized by law shall serve such subpoena. 23 |
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| 215 | 215 | | Once the subpoena is served, the serving officer shall annotate the time and date served, the person 24 |
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| 216 | 216 | | served and the location of service. 25 |
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| 217 | 217 | | (c)(1) A witness required by subpoena to attend and testify under oath and/or produce 26 |
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| 218 | 218 | | books and records or other items as demanded, shall be given not less than forty-eight (48) hour 27 |
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| 219 | 219 | | notice of the time and place for the taking of testimony or delivery of subpoenaed items, unless 28 |
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| 220 | 220 | | such notice shall unduly interfere with the conduct of the investigation. 29 |
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| 221 | 221 | | (2) Such witness, at the time of service of a subpoena, shall be notified of the matter under 30 |
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| 222 | 222 | | investigation, concerning which such witness will be required to testify. A subject of an 31 |
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| 223 | 223 | | investigation is a person whose conduct is within the scope of the investigation and is suspected of 32 |
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| 224 | 224 | | committing or being party to an offense under investigation. The failure to furnish such witness 33 |
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| 225 | 225 | | with any notice or information required to be given by this section shall cause the issued subpoena 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000486 - Page 7 of 10 |
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| 229 | 229 | | to be invalid. 1 |
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| 230 | 230 | | (d) A person subpoenaed to testify under oath shall appear and testify under oath at the 2 |
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| 231 | 231 | | time and place designated on the subpoena. In addition, the witness shall be notified that they have 3 |
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| 232 | 232 | | a right to consult with and to have an attorney present at the time the testimony is taken and that 4 |
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| 233 | 233 | | they have a constitutional right not to furnish or produce evidence, that may tend to incriminate 5 |
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| 234 | 234 | | them. 6 |
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| 235 | 235 | | (e) The terms of any such subpoena shall be reasonable and focused on specific testimony 7 |
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| 236 | 236 | | or evidence sought and shall directly relate to the matters under investigation. A subpoena issued 8 |
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| 237 | 237 | | that is broad in nature is not considered valid. No subpoena may be issued for purposes of 9 |
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| 238 | 238 | | harassment or for any illegitimate or improper purpose. All constitutional and statutory rights and 10 |
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| 239 | 239 | | privileges which exist with respect to any subpoena issued by the inspector general, including the 11 |
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| 240 | 240 | | privilege against self-incrimination, shall have the same force and effect as any and all existing 12 |
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| 241 | 241 | | laws and constitutional rights. 13 |
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| 242 | 242 | | (f) A subpoenaed person may object to the subpoena served upon them, in advance of the 14 |
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| 243 | 243 | | return date of the subpoena, by a motion to quash filed in the superior court of the State of Rhode 15 |
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| 244 | 244 | | Island. The filing of a motion to quash shall stay all pending subpoenas until further order of the 16 |
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| 245 | 245 | | superior court. Any justice of the superior court may, upon application by the inspector general, 17 |
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| 246 | 246 | | issue an order to compel the attendance of the witnesses subpoenaed and the giving of testimony 18 |
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| 247 | 247 | | under oath, in furtherance of any audit or investigation under this chapter in the same manner and 19 |
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| 248 | 248 | | to the same extent as before the superior court. Failure to obey any order of the court with respect 20 |
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| 249 | 249 | | to a subpoena may be punished by the court as contempt. 21 |
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| 250 | 250 | | (g) Any subpoena issued pursuant to this section, shall not be made public by the inspector 22 |
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| 251 | 251 | | general or any persons subject to their direction or by any member of the inspector general's office 23 |
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| 252 | 252 | | designated to hear testimony under this section, and the same provisions with reference to secrecy, 24 |
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| 253 | 253 | | which govern grand jury proceedings, shall govern testimony given. Whoever violates the 25 |
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| 254 | 254 | | provisions of this subsection shall be punished by imprisonment for not more than six (6) months 26 |
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| 255 | 255 | | or by a fine of not more than one thousand dollars ($1,000). Disclosure of such testimony may be 27 |
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| 256 | 256 | | made to such members of the staff of the office of inspector general, as is deemed necessary by the 28 |
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| 257 | 257 | | inspector general, to assist in the performance of the office's duties and responsibilities and those 29 |
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| 258 | 258 | | members of the staff may be present at the taking of such testimony. 30 |
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| 259 | 259 | | 42-9.4-10. Complaints -- Investigation. 31 |
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| 260 | 260 | | (a) The inspector general shall accept and may investigate or audit complaints or 32 |
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| 261 | 261 | | information from any individual concerning the possible existence of any activity constituting 33 |
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| 262 | 262 | | fraud, waste, abuse and mismanagement relating to programs and operations as listed in § 42-9.4-34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC000486 - Page 8 of 10 |
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| 266 | 266 | | 1. 1 |
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| 267 | 267 | | (b) The inspector general shall not, after receipt of a complaint or information from an 2 |
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| 268 | 268 | | employee who requests confidentiality, disclose the identity of the employee without the written 3 |
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| 269 | 269 | | consent of said employee, unless the inspector general determines such disclosure is necessary and 4 |
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| 270 | 270 | | unavoidable during the course of an investigation. In such event, the employee shall be notified 5 |
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| 271 | 271 | | immediately of such disclosure. 6 |
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| 272 | 272 | | (c) Employees are protected under the "Rhode Island whistleblowers' protection act," 7 |
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| 273 | 273 | | chapter 50 of title 28. 8 |
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| 274 | 274 | | 42-9.4-11. Reports to the attorney general or United States attorney. 9 |
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| 275 | 275 | | (a) In carrying out their duties and responsibilities, the inspector general shall report to the 10 |
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| 276 | 276 | | attorney general, the United States attorney or both, whenever the inspector general has reasonable 11 |
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| 277 | 277 | | grounds to believe there has been a violation of federal or state criminal law. The attorney general 12 |
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| 278 | 278 | | may institute appropriate proceedings, in the furtherance of completing an investigation and, if 13 |
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| 279 | 279 | | warranted, to refer a matter for prosecution. 14 |
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| 280 | 280 | | (b) The inspector general shall refer audit or investigative findings to the state ethics 15 |
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| 281 | 281 | | commission, or to any other federal, state or local agency, which has an interest in said findings. 16 |
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| 282 | 282 | | (c) Any referrals made under this section shall not be made public. 17 |
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| 283 | 283 | | 42-9.4-12. Civil actions. 18 |
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| 284 | 284 | | The inspector general shall have the authority to institute a civil recovery action if 19 |
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| 285 | 285 | | authorized by the attorney general. In any case where the inspector general has discovered 20 |
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| 286 | 286 | | fraudulent acts and believes that civil recovery proceedings may be appropriate, the inspector 21 |
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| 287 | 287 | | general shall refer the matter to the attorney general. The attorney general may institute whatever 22 |
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| 288 | 288 | | proceedings they deem appropriate, may refer the matter to another state or local agency, may 23 |
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| 289 | 289 | | authorize the initiation of appropriate civil proceedings by the inspector general, may retain the 24 |
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| 290 | 290 | | matter for further investigation, or may remand the matter to the inspector general for further 25 |
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| 291 | 291 | | investigation. 26 |
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| 292 | 292 | | 42-9.4-13. Annual and interim reports. 27 |
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| 293 | 293 | | (a) The office of inspector general shall, no later than April 1 of each year, prepare a report 28 |
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| 294 | 294 | | summarizing the activities of the office of inspector general for the prior calendar year. The office 29 |
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| 295 | 295 | | of inspector general may also prepare interim reports. These reports shall be forwarded to the 30 |
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| 296 | 296 | | governor, lieutenant governor, attorney general, secretary of state, general treasurer and the general 31 |
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| 297 | 297 | | assembly and shall be made available to the public. 32 |
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| 298 | 298 | | (b) The report shall include, but not be limited to: a description of significant problems in 33 |
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| 299 | 299 | | the areas of fraud, waste and abuse within programs and operations within the jurisdiction of the 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC000486 - Page 9 of 10 |
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| 303 | 303 | | office; a description of the recommendations for corrective action made by the office during the 1 |
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| 304 | 304 | | reporting period with respect to significant deficiencies in the areas of fraud, waste and abuse; the 2 |
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| 305 | 305 | | identification of each significant recommendation described in previous annual reports on which 3 |
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| 306 | 306 | | corrective action has not been completed; a summary of matters referred to prosecuting authorities 4 |
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| 307 | 307 | | and the prosecutions and convictions which have resulted; a summary of any matters concerning 5 |
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| 308 | 308 | | the recovery of monies as a result of a civil suit by the office of inspector general or a referral to 6 |
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| 309 | 309 | | another agency for the purposes of such suit; a list of all audit reports completed by the office 7 |
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| 310 | 310 | | during the reporting period and a statement of recommendations of amendments to this chapter or 8 |
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| 311 | 311 | | the rules, regulations or procedures governing the office of inspector general which would improve 9 |
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| 312 | 312 | | the effectiveness or the operation of the office. 10 |
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| 313 | 313 | | (c) The head or governing body of each public body may, within sixty (60) days of receipt 11 |
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| 314 | 314 | | of the report, comment upon any references to such public body contained within the report. Such 12 |
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| 315 | 315 | | comment, if any, shall be forwarded to the governor, the attorney general, the general assembly and 13 |
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| 316 | 316 | | the office of inspector general. 14 |
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| 317 | 317 | | (d) The report of the inspector general shall be made public on the day of filing; provided, 15 |
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| 318 | 318 | | that the report shall not list the names of individuals or corporations, nor describe them with 16 |
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| 319 | 319 | | sufficient particularity as to readily identify them to the general public in those cases in which no 17 |
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| 320 | 320 | | official disposition has been made by the office of inspector general, the office of attorney general 18 |
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| 321 | 321 | | or the local office of the United States Attorney. 19 |
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| 322 | 322 | | 42-9.4-14. Confidentiality of records. 20 |
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| 323 | 323 | | (a) All records of the office of inspector general shall be confidential and shall not be public 21 |
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| 324 | 324 | | records, unless it is necessary for the inspector general to make such records public in the 22 |
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| 325 | 325 | | performance of their duties. 23 |
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| 326 | 326 | | (b) Violation of the provisions of the confidentiality of proceedings by the inspector general 24 |
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| 327 | 327 | | or any member of the staff, or by any member of the inspector general's office, shall be punished 25 |
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| 328 | 328 | | by imprisonment for not more than six (6) months or by a fine of not more than one thousand dollars 26 |
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| 329 | 329 | | ($1,000). 27 |
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| 330 | 330 | | SECTION 2. This act shall take effect upon passage. 28 |
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| 332 | 332 | | LC000486 |
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| 334 | 334 | | |
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| 335 | 335 | | |
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| 336 | 336 | | LC000486 - Page 10 of 10 |
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| 337 | 337 | | EXPLANATION |
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| 338 | 338 | | BY THE LEGISLATIVE COUNCIL |
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| 339 | 339 | | OF |
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| 340 | 340 | | A N A C T |
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| 341 | 341 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF INSPECTOR |
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| 342 | 342 | | GENERAL |
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| 343 | 343 | | *** |
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| 344 | 344 | | This act would establish an office of inspector general as an independent administrative 1 |
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| 345 | 345 | | agency, charged with preventing and detecting fraud, waste and abuse, and mismanagement in the 2 |
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| 346 | 346 | | expenditure of public funds, regardless of whether funds are from the state, federal or local 3 |
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| 347 | 347 | | governments. The inspector general would oversee all state programs and operations, as well as the 4 |
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| 348 | 348 | | procurement of supplies by state agencies. 5 |
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| 349 | 349 | | This act would take effect upon passage. 6 |
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| 350 | 350 | | ======== |
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| 351 | 351 | | LC000486 |
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| 353 | 353 | | |
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