Draft Legislation for Delaware State Inspector General.

SPONSOR:

DELAWARE STATE HOUSE OF REPRESENTATIVES

14_^h General Assembly

HOUSE BILL No____

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE CREATING AN INDEPENDENT OFFICE OF INSPECTOR GENERAL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1. Section 1. Add a new Chapter 112 to Title 29 of the Delaware Code, which shall read as follows:

2. CHAPTER 112: INSPECTOR GENERAL

3. Subchapter 1: General Provisions

4. §11201. Introduction.

5. As all power delegated to government ultimately stems from the People in the public trust,

6. citizens have the right to government at all levels that operates in a fair, open, honest, efficient

7. and cost-effective manner, free of waste, fraud, conflict-of-interest, abuse and other misconduct.

8. Consequently, an effective method of ensuring public integrity, equity and competence must be

9. established, maintained and advanced in the public interest.

10. §11202. Legislative Findings.

11. Therefore, the General Assembly finds that:

12. a) Establishment of an independent elective Office of Inspector General is a necessary

13. mechanism to promote and advance public justice and equity; sound management,

14. accountability and transparency of government in the framework of a constitutional republic.

15. b) The Office of Inspector General will save Delaware taxpayers more money and

16. resources than its annual cost.

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17. c) The Office of Inspector General will increase government operating efficiency,

18. quantitatively and qualitatively improve government performance, and promote

19. public confidence.

20. Accordingly, it hereby enacts appropriate enabling legislation pursuant to Article XIX

21. of the Delaware Constitution as amended.

22. §11203. Scope and Purview

23. a) An elective Office of Inspector General shall be established having unrestricted

24. powers of investigation, examination, subpoena, and prosecution of all agencies,

25. commissions, instrumentalities, officials, employees, contractors, assigns, and

26. any body, board, authority, organization, political subdivision, or quasi-public

27. entity arising under the laws of the State of Delaware.

28. b) The authority of the Office of Inspector General shall apply to any act undertaken

29. by any office or officer pursuant to any obligation or authority conferred by the laws of

30. the State of Delaware, to include acts involving any other individual or entity, whether

31. public or private, in any manner whatsoever related to, affecting, or bearing upon the

32. exercise of such obligation or authority.

33. c) In cases involving impeachable offenses by a member or members of the General

34. Assembly the Inspector General, prior to filing charges in cases requiring criminal

35. prosecution, shall transmit its findings in writing to the presiding officer, the clerk and

36. each member of the relevant body of the General Assembly.

37. d) The Attorney General shall retain jurisdiction to prosecute any individual or entity not

38. subject to the authority of the Office of Inspector General but otherwise connected to

39. acts subject thereto.

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40. e) This act shall not preclude any entity subject to this act from conducting its own internal

41. inspections, investigations, or quality control procedures as needed or required by law,

42. however, these shall have no force or effect upon the Office of Inspector General which

43. shall fulfill its statutory obligations separately and independently of such entities.

44. Subchapter 2: Duties and Powers

45. §11204. Duties

46. The Office of Inspector General shall:

47. a) Promptly and thoroughly act upon information derived from any source whatsoever that

48. shall directly, indirectly, or prospectively implicate the duty to inspect, investigate,

49. evaluate, or prosecute any person or entity subject to this act.

50. b) Perform criminal, civil, or administrative inquiries, investigations or prosecutions;

51. field and facilities inspections; financial audits; systems analyses; or any other technical

52. evaluations required to carry out all duties hereunder.

53. d) Recommend to the Governor or General Assembly and otherwise advocate such

54. administrative, technical or statutory improvements and standardization to ensure sound,

55. efficient and effective management and operation of government in the greater public

56. interest.

57. e) Conduct all duties objectively and accurately solely in the public interest for the greater

public good and not for any personal, partisan or political purpose.

58. f) Promulgate regulations, standards and procedures; budget and dedicate resources;

59. and hire, manage, promote or dismiss personnel to ensure the orderly and effective

60. execution of all duties.

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61. g) Establish and maintain a confidential toll free telephone number, fax number, secure

62. web site and other communications and information systems necessary to facilitate

63. complaints, whistle-blowing, investigation, or any other form of information-gathering

64. in the greater public interest.

65. h) Notify the Attorney General or any other agency of government of incidental findings

of fact relevant to the execution of their respective public duties.

66. i) Publish the results and findings of specific investigations and make publicly available all

67. information bearing upon the public interest, irrespective of any disclosure limitations

68. accruing to other agencies of Delaware government by statute or otherwise, with the

69. exception of information exclusive to the privacy of an individual person.

70. j) Once per calendar year issue and publish, in print, electronically, or in any other manner

71. necessary to disseminate as widely as possible, a comprehensive report and public address

72. to the Governor, General Assembly and the general public.

73. §11205. Powers

74. The Inspector General shall have the power to:

75. a) With or without prior notice to the affected person or entity subject to this act, enter any

76. government office or facility, secure information in any form, gather any evidence, enlist

77. assistance, or perform any other function necessary to carry out all duties hereunder.

78. b) Seek, obtain, and execute search warrants from courts of competent jurisdiction to secure

79. such evidence as necessary or enter any other place located in the State of Delaware to

80. execute all duties hereunder.

81. c) Engage in and cooperate with joint investigations with any duly-constituted law

82. enforcement or regulatory entity.

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83. d) Schedule, publish notice of and conduct public hearings; interview persons; subpoena

84. witnesses or information; and perform such acts necessary to carry out investigations

85. and findings of fact.

86. e) In appropriate civil or criminal courts of competent jurisdiction, prosecute or otherwise

87. litigate actions as warranted by findings or evidence.

88. f) By all means available at law, protect a witness or their family from harm, undue stress,

or any other form of retaliatory act related to the execution of any duty hereunder.

89. g) Offer rewards to informants in proportion to actual monies recovered.

90. h) Enforce the Delaware Public Integrity Code and Freedom of Information Act.

91. i) Render such fiscal, factual, forensic, or technical analysis and findings of fact in cases of

92. an operational, systemic, managerial, procedural, or methodological nature not necessarily

93. involving criminal prosecution or civil litigation.

94. j) Initiate and prosecute disciplinary actions including but not limited to: reprimand,

95. citation, demotion, suspension or dismissal according to any rules of civil service

96. administration arising under the laws of the State of Delaware.

97. Subchapter 3: Implementation

98. §11206. Term and Limitations

99. a) After a special election to be held in the election cycle immediately following enactment of

100. this legislation, the Inspector General shall be elected in the second year of the

101. term of the Governor for a period not to exceed two four-year terms.

102. b) The Inspector General may not seek other elective public office for a period of two years

103. after the expiration of his term(s) in office.

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104. c) Election of the Office of Inspector General shall be exempt from any procedures under

105. Delaware law restricting the filing for or election of any other offices, with the exception

106. of filing, on the first business day no later than 90 days prior to election day, a statement

107. of candidacy made specific to the Office of Inspector General and in which the

108. prospective candidate swears to meeting eligibility to serve in this Office. The

109. Department of Elections shall take all necessary actions required to accomplish the

110. provisions of this act.

111. §11207. Qualifications

112. a) The Inspector General shall be at least thirty years of age and have been a citizen and

113. inhabitant of Delaware for two years before the day of his election unless he shall have been

114. absent on public business of the United States or of this State.

115. b) No person affiliated with a political party shall be a candidate for or serve in the Office

116. of Inspector General.

117. §11208. Title

109. This Act shall be known as the Delaware Inspector General and Government Integrity Act.

SYNOPSYS:

This Act creates an independent elective Office of Inspector General in accordance with Article XIX of the Delaware Constitution as amended.

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WvB/EA/ TPN/ IPODIGWG 1/22/2008 amended 5/8/2009 3:27 PM WvB