Bill Text: NJ S105 | 2010-2011 | Regular Session | Introduced
Bill Title: Revises and expands duties and responsiblities of Inspector General and establishes position of Deputy Inspector General for certain State departments to oversee and monitor allocation and spending of State funds at local level.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S105 Detail]
Download: New_Jersey-2010-S105-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Revises and expands duties and responsibilities of Inspector General and establishes position of Deputy Inspector General for certain State departments to oversee and monitor allocation and spending of State funds at local level.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act revising and expanding the duties and responsibilities of the Inspector General and establishing the position of Deputy Inspector General for certain State departments, amending and supplementing P.L.2005, c.119.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2005, c.119 (C.52:15B-4) is amended to read as follows:
4. A person who holds the position of Inspector General or who holds the position of Deputy Inspector General, in accordance with section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall not be a candidate for, or hold elective public office, for a period of two years immediately following the termination of that person's service as Inspector General or Deputy Inspector General.
(cf: P.L.2005, c.119, s.4)
2. Section 5 of P.L.2005, c.119 (C.52:15B-5) is amended to read as follows:
5. a. The Inspector General shall establish the internal organizational structure of the office in a manner appropriate to carrying out the duties and functions, and fulfilling the responsibilities, of the office. The Inspector General shall have the power to appoint, employ, promote, and remove such assistants, deputies, employees, and personnel as the Inspector General deems necessary for the efficient and effective administration of the office and for purposes of complying with P.L. , c. (C. ) (pending before the Legislature as this bill). All such assistants, deputies, employees, and personnel shall be deemed confidential employees for purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).
b. Within the limits of funds appropriated for such purposes, the Inspector General may obtain, and may authorize a Deputy Inspector General to obtain on behalf of the Inspector General, the services of certified public accountants, qualified management consultants, and other professionals necessary to independently perform the duties and functions of the office.
(cf: P.L.2005, c.119, s.5)
3. Section 9 of P.L.2005, c.119 (C.52:15B-9) is amended to read as follows:
9. The Inspector General is authorized to cooperate and conduct joint investigations with other oversight or law enforcement authorities. The Inspector General is authorized and shall be permitted to participate in investigations conducted by other oversight or law enforcement authorities in this State.
The Inspector General is authorized to permit each Deputy Inspector General, who holds the position in accordance with section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), to cooperate and conduct joint investigations with other oversight or law enforcement authorities, and to participate in investigations conducted by other oversight or law enforcement authorities in this State.
(cf: P.L.2005, c.119, s.9)
4. Section 11 of P.L.2005, c.110 (C.52:15B-11) is amended to read as follows:
11. The Inspector General is authorized to refer complaints received that allege criminal conduct to the Attorney General or other appropriate prosecutorial authority. In the course of conducting [audits,] investigations [, and performance reviews], the Inspector General generally may refer matters for further civil, criminal, and administrative action to the appropriate authorities.
(cf: P.L.2005, c.119, s.11)
5. Section 13 of P.L.2005, c.119 (C.52:15B-13) is amended to read as follows:
13. Whenever a person requests access to a government record that the Inspector General or a Deputy Inspector General, who holds the position in accordance with section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), [during the course of an investigation,] obtained from another public agency during the course of an investigation, which record was open for public inspection, examination or copying before the investigation commenced, the public agency from which the Inspector General or a Deputy Inspector General obtained the record shall comply with the request if made pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), provided that the request does not in any way identify the record sought by means of a reference to the Inspector General's investigation or to an investigation by a Deputy Inspector General or any other public agency, including, but not limited to, a reference to a subpoena issued pursuant to such investigation.
(cf: P.L.2005, c.119, s.13)
6. Section 14 of P.L.2005, c.119, s.14 (C.52:15B-14) is amended to read as follows:
14. The Inspector General and each Deputy Inspector General, who holds the position in accordance with section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall meet at periodic intervals, but at least twice annually, with the Attorney General, the State Treasurer, the State Auditor, and any other public officers or employees deemed necessary who perform audits, investigations, and performance reviews similar or identical to those authorized to be performed by the Inspector General or a Deputy Inspector General for the purpose of consulting, coordinating, and cooperating with those officers and employees in the conduct of audits, investigations and reviews. The Attorney General, the State Treasurer, the State Auditor, and such other public officers or employees shall attend such meetings for the purpose of consultation, coordination, and cooperation with the Inspector General and each Deputy Inspector General.
The focus of all parties during such meetings shall be to: facilitate communication and exchange information on completed, current, and future audits, investigations, and reviews; avoid duplication and fragmentation of efforts; optimize the use of resources; avoid divisiveness and organizational uncertainty; promote effective working relationships; and avoid the unnecessary expenditure of public funds.
(cf: P.L.2005, c.119, s.14)
7. Section 15 of P.L.2005, c.119 (C.52:15B-15) is amended to read as follows:
15. The Inspector General shall report the findings of investigations performed by the office, including the findings of investigations reported by a Deputy Inspector General pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill), and issue recommendations for corrective or remedial action, to the Governor, the President of the Senate, and the Speaker of the General Assembly and to the entity at issue. The Inspector General shall monitor the implementation of those recommendations.
(cf: P.L.2007, c.52, s.19)
8. Section 16 of P.L.2005, c.119 (C.52:15B-16) is amended to read as follows:
16. The Inspector General shall provide periodic reports to the Governor, and shall issue an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, which reports shall be made available to the public.
(cf: P.L.2005, c.119, s.16)
9. (New section) In addition to any duties and responsibilities imposed pursuant to P.L.2005, c.119 (C.54:15B-1 et seq.), the Inspector General shall designate, from among any of the Inspector General's assistants, employees, and personnel appointed and employed in accordance with section 5 of P.L.2005, c.119 (C.54:15B-5), a Deputy Inspector General for each of the following principal departments in the Executive branch of State government: Children and Families, Community Affairs, Education, Health and Senior Services, Human Services, Transportation, and Treasury.
10. (New section) a. The Deputy Inspector General of a department shall be qualified by education, training, and prior work experience to perform the duties and functions and to fulfill the responsibilities of the position.
b. The Deputy Inspector General of a department shall serve at the pleasure of the Inspector General and until a successor is appointed and has qualified.
c. The Deputy Inspector General of a department shall devote full time to the duties and responsibilities of the position and shall receive a salary as shall be provided pursuant to law.
d. A vacancy in the position of a Deputy Inspector General of a department shall be filled in the same manner as provided for the original designation.
11. (New section) The Deputy Inspector General of a department shall be authorized to call upon the department of the Deputy Inspector General's oversight, and any of its officers, employees, and appointees, to provide information, resources, or other assistance as the Deputy Inspector General may deem necessary to discharge the duties and functions and to fulfill the responsibilities of the position. The department and any of its officers, employees, and appointees shall fully cooperate with the Deputy Inspector General and shall provide assistance necessary to accomplish the purposes of P.L. , c. (C. ) ( pending before the Legislature as this bill).
12. (New section) a. The Deputy Inspector General of a department shall, in consultation with the Inspector General, be authorized to establish a full time program of investigation within the department of the Deputy Inspector General's oversight to provide increased integrity, accountability, and oversight in the use, disbursement, and expenditure of State funds at the local level.
b. The program of investigation established in accordance with subsection a. of this section shall, at a minimum, receive and investigate complaints concerning:
(1) the fiscal, professional, and administrative practices and procedures of the department, its officers, employees, and appointees, in relation to the awarding and execution of purchases, contracts, or agreements and grants, awards, or loans, the cost or contract price of which is to be paid with or out of State funds by or on behalf of the department, pursuant to various provisions of State law; and
(2) the fiscal, professional, and administrative practices and procedures of any public or private entity, its officers, employees, and appointees, which receives State funds as a result of purchases, contracts, or agreements and grants, awards, or loans authorized by or on behalf of the department.
13. (New section) a. The Deputy Inspector General of a department shall have all of the powers necessary to carry out the duties and functions and to fulfill the responsibilities described under P.L. , c. (C. ) (pending before the Legislature as this bill), including the power to conduct investigations, and in pursuit thereof, evaluations, inspections, and other reviews as may be authorized by the Inspector General.
b. The Deputy Inspector General of a department shall conduct investigations in accordance with prevailing national and professional standards, rules, and practices relating to such investigations in government environments. The Inspector General shall ensure investigations conducted by the Deputy Inspector General of a department are conducted in compliance with the prevailing national and professional standards, rules, and practices.
c. (1) In furtherance of an investigation, the Deputy Inspector General of a department may, with the prior written consent of the Inspector General, compel at a specific time and place, by subpoena, the appearance and sworn testimony of any person whom the Deputy Inspector General of a department reasonably believes may be able to give information relating to a matter under investigation. For this purpose, the Deputy Inspector General of a department is empowered to administer oaths and examine witnesses under oath, and compel any person to produce at a specific time and place, by subpoena, any documents, books, records, papers, objects, or other evidence that the Deputy Inspector General of a department reasonably believes may relate to a matter under investigation.
(2) If any person to whom a subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers or other documents required, the Deputy Inspector General of a department may apply to the Superior Court and the court may order the person to appear and give testimony or produce the books, papers or other documents, as applicable. Any person failing to obey the court's order may be punished by the court as for contempt.
d. A person compelled to appear by the Deputy Inspector General of a department and provide sworn testimony shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his or her rights. A witness compelled to appear and testify shall be accorded all due process rights.
14. (New section) a. The Deputy Inspector General of a department may decline to investigate a complaint received when it is determined that: (1) the complaint is trivial, frivolous, vexatious or not made in good faith; (2) the complaint has been too long delayed to justify a present investigation; (3) the resources available, considering established priorities, are insufficient for an adequate investigation; or (4) the matter complained of is not within the Deputy Inspector General's investigatory authority.
b. The Deputy Inspector General of a department shall promptly notify the Inspector General of any decision to decline to investigate a complaint received, and shall, within 30 days of a decision declining to investigate, provide a written explanation to the Inspector General detailing the basis for declining to investigate a received complaint.
15. (New section) The Deputy Inspector General of a department shall promptly transmit complaints received that allege criminal conduct to the Inspector General, who shall refer the complaint, in accordance with section 11 of P.L.2005, c.119 (C.52:15B-11), to the Attorney General or other appropriate prosecutorial authority. In the course of conducting investigations, the Deputy Inspector General of a department shall promptly transmit maters for further civil, criminal, and administrative action to the Inspector General who generally may refer the matter, in accordance with section 11 of P.L.2005, c.119, to the appropriate authorities.
16. (New section) The Deputy Inspector General of a department shall report the findings of investigations conducted in accordance with section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) and any other investigations as may be authorized by the Inspector General, and shall issue recommendations for corrective or remedial action to the Inspector General within 30 days of the completion of an investigation. The Deputy Inspector General of a department shall monitor the implementation of recommendations issued in accordance with this section.
17. (New section) a. The Deputy Inspector General of a department shall, on or before September 30 of each year, issue an annual report to the Inspector General: (1) summarizing the activities of the Deputy Inspector General during the preceding calendar year; (2) documenting significant problems in the use, disbursement, and expenditure of State funds at the local level; and (3) providing recommendations for the improved use, disbursement, or expenditure of State funds at the local level including recommendations for legislative consideration and for changes in the practices and procedures, rules and regulations of the department of the Deputy Inspector General's oversight.
b. The annual report shall, on or before December 1 of each year, be transmitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, and shall, on or before December 1 of each year be made available to the public by the Deputy Inspector General.
18. This act shall take effect on the first day of the sixth month next following the date of enactment.
STATEMENT
This bill revises and expands the duties and responsibilities of the State Inspector General and establishes positions of Deputy Inspector General in certain State departments to oversee and monitor the allocation and spending of State funds at the local level.
Specifically, the bill provides that the Inspector General is required to designate, from among the Inspector General's assistants, employees, and personnel, a Deputy Inspector General for each of the following principal departments in the Executive branch of State government: Children and Families, Community Affairs, Education, Health and Senior Services, Human Services, Transportation, and Treasury.
The bill provides that persons designated Deputy Inspector General are required to devote full time to the position, serve at the pleasure of the Inspector General, and are prohibited from holding or becoming a candidate for elective public office for two years following termination of service. Moreover, designees must be qualified by education, training, and prior work experience to perform the duties and functions and to fulfill the responsibilities of the position.
Under the bill, the Deputy Inspector General of a department is responsible for the establishment of a full time program of investigation to provide increased integrity, accountability, and oversight in the use, disbursement, and expenditure of State funds which flow through the department to the local level.
The bill stipulates that the full-time program of investigation must, at a minimum, have the capacity to receive and investigate complaints concerning: (1) the fiscal, professional, and administrative practices and procedures of the department, its officers, employees, and appointees, in relation to the awarding and execution of purchases, contracts, or agreements and grants, awards, or loans, the cost or contract price of which is to be paid with or out of State funds by or on behalf of the department, pursuant to various provisions of State law; and (2) the fiscal, professional, and administrative practices and procedures of any public or private entity, its officers, employees, and appointees, which receives State funds as a result of purchases, contracts, or agreements and grants, awards, or loans authorized by or on behalf of the State by the department.
The bill grants the Deputy Inspector General of a department all powers necessary to carry out the duties and functions and to fulfill the responsibilities of the position, including the power to conduct investigations, and in pursuit thereof, evaluations, inspections, and other reviews as may be authorized by the Inspector General. To that end, deputies may, in certain instances, subpoena the appearance and sworn testimony of persons the Deputy Inspector General reasonably believes may be able to provide information relating to a matter under investigation. When authorized, deputies may also obtain the assistance of independent accountants, management consultants, and certain other professionals deemed necessary by the Inspector General.
The bill directs the Deputy Inspector General of a department to refer complaints alleging criminal conduct to the Inspector General, who is required to submit the complaint to the Attorney General or other appropriate prosecutorial authority. The Deputy Inspector General of a department may refer other matters for further civil, criminal, and administrative action to the Inspector General for submission to the appropriate authorities. Under current law, the appropriate officer or authority to which a referral is made is required to report back to the Inspector General if the officer or authority declines to investigate, or if the referred matter is under investigation.
The bill authorizes the Deputy Inspector General of a department to decline to investigate received complaints if: (1) it is trivial, frivolous, vexatious or not made in good faith; (2) it has been too long delayed to justify a present investigation; (3) the resources available, considering established priorities, are insufficient for an adequate investigation; or (4) the matter proposed for investigation is not within the scope of the Deputy Inspector General's investigatory authority. However, deputies declining to investigate complaints must promptly notify the Inspector General and, within 30 days submit a written explanation detailing the basis for declining to investigate.
The bill permits the Deputy Inspector General of a department to cooperate with and conduct joint investigations with other oversight or law enforcement authorities, and to participate in investigations conducted by other State agencies. Additionally, the bill requires the Deputy Inspector General of a department to meet periodically, but at least twice annually, with the Inspector General, Attorney General, the State Treasurer, the State Auditor, and any other public officers or employees who perform audits, investigations, and performance reviews similar or identical to those authorized to be performed by the Deputy Inspector General for the purpose of consulting, coordinating, and cooperating with those officers and employees in the conduct of audits, investigations and reviews.
The bill requires the Deputy Inspector General of a department to report findings of investigations, and to issue recommendations for corrective or remedial action, to the Inspector General and to the entity at issue. The Deputy Inspector General is responsible for monitoring the implementation of those recommendations. Each Deputy Inspector General is required to issue an annual report to the Inspector General and the head of the department of their oversight on or before September 30 of each year, and is required to make that report available to the Governor, the Legislature, and the public at large on or before December 1 of each year.
