AGENCY INSPECTORS GENERAL

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AGENCY INSPECTORS GENERAL HB 1385 AN ACT
REVISING PROVISIONS RELATING TO THE DUTIES,
APPOINTMENT AND REMOVAL OF AGENCY INSPECTORS
GENERAL June 2014
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WHY HB 1385?

• 19TH STATEWIDE GRAND JURY REPORT
• FLORIDA TREND ARTICLE QUESTIONING IG INDEPENDENCE

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Matters to Cover

• Role of the CIG after HB 1385
• IGs under the jurisdiction of the Governor
• Other IGs
• Summary of changes
• Changes in removal
• Reporting/General Supervision

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Chief Inspector General

• Appointed by the Governor.
• Promote accountability, integrity and efficiency.
  
• Deter, detect, prevent and eradicate fraud,
  waste, abuse, mismanagement and misconduct.
• Coordinate complaint-handling activities with
  agencies.
• Coordinate activities under the Whistle-blowers
  Act.
• Act as liaison with outside agencies to promote
  accountability.
• Oversee and monitor the activities of Governors
  agency IGs.
• Conduct special investigations and management
  reviews at the request of the Governor.

Section 14.32, Florida Statutes
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Agency Inspectors General

• Governor and Cabinet and Cabinet agency IGs are
  appointed by the agency head.
• Governors agency IGs appointed by the CIG.
• Promote accountability, integrity and efficiency.
  
• Deter, detect, prevent and eradicate fraud,
  waste, abuse, mismanagement and misconduct.
• Handle complaints received in the agencies.
• Conduct Whistle-blowers investigations in the
  agency.
• Act as liaison with outside agencies.
• Conduct special investigations and management
  reviews at the request of the agency head.
• IGs have access to any records or other
  information necessary and may request assistances
  as necessary from a state agency or from any
  government entity.

Section 20.055, Florida Statutes
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Governors Agency IGs
AHCA APD DMS DCF OEL EOG DOH DOC DEM DEO DJJ
CITRUS DEP DOT DOS DOE DBPR DMA DOEA
DOL FWC
AST BOG are not included on this list, but an
interpretation is pending.
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Governor and Cabinet IGs
OIR CITIZENS OFR DVA SBA DOR FDLE DHSMV
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Cabinet IGs
Attorney General CFO DOACS
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Other IGs
FHFC PSC Supreme Court
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Summary of Changes

• The IG must keep the CIG informed concerning
  fraud, abuses, and deficiencies relating to
  programs and operations administered or financed
  by the state agency.
• CIG will appoint the IGs.
• The Agency Head may request the IG to perform an
  audit of a special program, function or
  organizational unit.
• IGs may hire and remove staff within the OIG in
  consultation with the CIG, but independently of
  the agency.

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Summary of changes, cont.

• The Governor, the Governor and Cabinet, the
  Agency Head or Agency Staff may not prevent or
  prohibit the IG from initiating, carrying out, or
  completing any audit or investigation.

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Summary of changes, cont.

• IG shall submit final reports to the Agency Head
  and the CIG
• Governors agency IGs shall monitor
  implementation of the state agencys response to
  audits by Auditor General and OPPAGA and provide
  a written response to the CIGregarding status of
  corrective actions.
• Audit Plans are submitted to the CIG and approved
  by the Agency Head.
• Final Audit Reports are submitted to the Agency
  Head AND the CIG.
• Written complaints about the IG and staff shall
  be submitted to the Agency Head AND the CIG.

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Changes to Removal

• IG may be removed by the CIG for cause.
• Cause may include performance, malfeasance,
  misfeasance, misconduct, or failure to carry out
  the duties of the IG Act.
• To remove an IG in an agency under the Governor,
  the CIG shall notify the Governor in writing of
  his or her intention to remove 21 days before the
  removal.
• If the IG disagrees with the removal, the IG may
  present objections in writing to the Governor
  within the 21-day period.

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Changes to Removal, cont.

• For state agencies under the Governor and
  Cabinet, the Agency Head shall notify the
  Governor and Cabinet in writing of his or her
  intention to remove the IG at least 21 days
  before removal.
• If the IG disagrees with the removal, the IG may
  present objections in writing to the Governor
  within the 21-day period.

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Reporting/General Supervision

• Under the general supervision of the agency head
  but reports to the CIG
• Housed in the agency
• Part of the agencys budget
• Timesheets approved by the agency head
• Leave approved by the agency head with
  notification to the CIG
• Performance evaluations conducted by the CIG with
  input from the agency head

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In Conclusion

• Role of the CIG after HB 1385
• IGs under the jurisdiction of the Governor
• Other IGs
• Summary of changes
• Changes in removal
• Reporting/General Supervision

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Executive Office of the Governor

• Governor Rick Scott
• Melinda M. Miguel
• Chief Inspector General
• [phone]
• melinda.miguel_at_eog.myflorida.com