Bill Text: CA AB1820 | 2009-2010 | Regular Session | Introduced
Bill Title: Office of the California Inspector General:
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB1820 Detail]
Download: California-2009-AB1820-Introduced.html
BILL NUMBER: AB 1820 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Portantino and Jeffries
FEBRUARY 11, 2010
An act to add Chapter 6.7 (commencing with Section 8549) to
Division 1 of Title 2 of the Government Code, relating to the Office
of the California Inspector General.
LEGISLATIVE COUNSEL'S DIGEST
AB 1820, as introduced, Portantino. Office of the California
Inspector General: establishment.
Existing law establishes the Bureau of State Audits, free of
executive branch and legislative control, to independently examine
records, administer oaths, issue subpoenas, and use other discovery
tools to conduct, and report upon, financial and performance audits
of every state agency, as defined, constitutional office, and local
governmental agency. The head of the bureau is the State Auditor, who
is appointed by the Governor from a list of nominees created by both
houses of the Legislature. The State Auditor is chosen without
reference to political affiliation and solely on the grounds of
fitness to perform the duties of the office. The State Auditor may be
removed for cause at any time by a concurrent resolution of the
Legislature. The State Auditor also appoints a Chief Deputy State
Auditor and employs professional assistants, including deputy state
auditors, and other officers and employees for the effective conduct
of the work under his or her charge. The State Auditor also
administers the California Whistleblower Protection Act to provide a
procedure for state employees to report waste, fraud, abuse of
authority, violation of law, or threat to public health without fear
of retribution.
This bill would establish the Office of the California Inspector
General to investigate fraud, corruption, waste, mismanagement,
misconduct, and abuse in the expenditure of public funds by a covered
agency, as defined. This bill would further establish that the
office is headed by the California Inspector General, who is
appointed to a 4-year term by the Governor with the consent of the
Senate. This bill would authorize the Legislature to remove the
California Inspector General by a majority vote of the membership of
the Senate and a majority of the membership of the Assembly. This
bill would authorize the office to issue subpoenas, administer oaths,
and conduct other forms of investigation into a covered agency,
including requiring an officer or employee of a covered agency to
answer questions concerning any matter related to the performance of
his or her official duties. This bill would also impose a duty on
every officer and employee of a covered agency to report to the
California Inspector General specified information concerning the
improper conduct of any other state officer or employee relating to
his or her office or employment, or concerning a person having
business dealings with a covered agency, and require disciplinary
action for a failure to make a required report. This bill would
further require the head of a covered agency to report to the
Legislature and the Governor on remedial action that a covered agency
has taken in response to any recommendation by the California
Inspector General.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Californians are entitled to a state government that is
committed to the highest standards of integrity, efficiency, and
accountability. It is the intent of the Legislature to establish the
Office of the California Inspector General to act as a separate state
entity entrusted with the responsibility of ensuring that state
officials and employees meet these fundamentally important standards.
The Office of the California Inspector General is dedicated to
promoting an environment that instills public confidence in state
government for public employees and citizens alike.
(b) The mission of the Office of the California Inspector General
is to detect, investigate, deter, and eliminate corruption, fraud,
criminal activity, conflicts of interest, abuses of office, and waste
in the state entities under its jurisdiction, including, but not
limited to, state agencies, departments, divisions, offices, boards,
and commissions.
(c) The Office of the California Inspector General will vigorously
and fairly investigate allegations of misconduct and conduct audits
and systemic reviews of state agency programs and procedures, and
recommend improvements for positive and permanent reform of agency
operations.
(d) The Office of the California Inspector General will perform
these functions with a professional staff of trained investigators,
experienced attorneys, and skilled forensic analysts who possess a
broad range of expertise and a commitment to combating corruption and
promoting greater efficiency in state government. Where possible,
the Office of the California Inspector General will use resources of
the existing agencies and their professional employees and staff to
avoid expensive duplication of effort.
SEC. 2. Chapter 6.7 (commencing with Section 8549) is added to
Division 1 of Title 2 of the Government Code, to read:
CHAPTER 6.7. CALIFORNIA INSPECTOR GENERAL
8549. (a) There is hereby created in state government the Office
of the California Inspector General.
(b) The head of the office is the California Inspector General,
who shall be appointed by the Governor with the consent of the
Senate. The term of an individual appointed as the California
Inspector General shall be four years. The California Inspector
General shall be removed from office by a majority vote of the
membership of the Senate and a majority vote of the membership of the
Assembly.
(c) The California Inspector General may appoint a Chief Deputy
Inspector General and employ officers and employees he or she deems
necessary for the conduct of the office.
(d) The annual salary for the California Inspector General shall
be equal to that of agency secretaries of the executive branch of
government pursuant to Section 11550.
8549.5. Unless the context requires otherwise, the following
terms shall have the following meanings for the purposes of this
chapter:
(a) "Covered agency" means all state agencies, constitutional
offices, departments, divisions, officers, boards, commissions, and
public authorities and public benefit corporations the heads of which
are appointed by the Governor.
(b) "Office" means the Office of the California Inspector General.
8549.10. The office has jurisdiction to investigate all covered
agencies.
8549.15. The office shall have all of the following duties:
(a) Prevent and detect fraud, corruption, waste, mismanagement,
misconduct, and abuse in the expenditure of public funds.
(b) Upon the discretion of the California Inspector General or the
receipt of a complaint, investigate allegations of corruption,
fraud, criminal activity, waste of government assets, failure to
comply with federal or state law, conflicts of interest, or abuse in
any covered agency.
(c) Inform the heads of covered agencies of allegations of
wrongdoing and the progress of investigations, unless special
circumstances require confidentiality.
(d) Determine with respect to allegations of wrongdoing whether
disciplinary action, civil action, criminal prosecution, or further
investigation by an appropriate federal, state or local agency is
warranted, and to assist in those investigations.
(e) Prepare and release to the public written reports of
investigations, as appropriate and to the extent permitted by law,
subject to redactions to protect the confidentiality of witnesses.
The office may defer the release of all, or a portion of, a report to
protect the confidentiality of an ongoing investigation.
(f) Review and examine periodically the policies and procedures of
any covered agency with regard to the prevention and detection of
corruption, fraud, criminal activity, conflicts of interest, or
abuse.
(g) Recommend remedial action to prevent or eliminate corruption,
fraud, criminal activity, conflicts of interest, or abuse in any
covered agency.
(h) Establish programs for training state officers and employees
regarding the prevention and elimination of corruption, fraud,
criminal activity, conflicts of interest, or abuse in any covered
agency.
8549.20. The office shall have all of the following powers:
(a) Subpoena and enforce the attendance of witnesses.
(b) Administer oaths or affirmations and examine witnesses under
oath.
(c) Require the production of any books and papers the office
deems relevant to any investigation, examination, or review it is
conducting.
(d) Notwithstanding any law to the contrary, examine documents or
records of any kind prepared, maintained, or held by a covered
agency.
(e) Require an officer or employee in a covered agency to answer
questions concerning any matter related to the performance of his or
her official duties.
(f) Monitor the implementation by a covered agency of any
recommendation made by the California Inspector General.
(g) Perform any other function that is necessary or appropriate to
fulfill the duties and responsibilities of office.
8549.25. (a) Every officer and employee of a covered agency shall
report to the California Inspector General any information
concerning corruption, fraud, criminal activity, conflicts of
interest, or abuse by any other state officer or employee relating to
his or her office or employment or by a person having business
dealings with a covered agency relating to those dealings. The
knowing failure of an officer or employee to make a report required
by this subdivision shall be cause for disciplinary action.
(b) The head of any covered agency shall advise the Legislature
and the Governor within 90 days of the issuance of a report by the
California Inspector General as to the remedial action that the
covered agency has taken in response to any recommendation for such
action contained in the report.
