AGENCY INSPECTORS

GENERAL

HB 1385

AN ACT REVISING PROVISIONS

RELATING TO THE DUTIES,

APPOINTMENT AND REMOVAL OF

AGENCY INSPECTORS

GENERAL

June 2014

WHY HB 1385?

19TH STATEWIDE GRAND JURY REPORT

FLORIDA TREND ARTICLE QUESTIONING IG INDEPENDENCE

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

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-blower’s Act.

Act as liaison with outside agencies to promote accountability.

Oversee and monitor the activities of Governor’s agency IGs.

Conduct special investigations and management reviews at the request of the Governor.

Chief Inspector General

Section 14.32, Florida Statutes

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-blower’s 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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DOHDOH DOCDOC DEMDEM

DEODEO DJJ CITRUS DJJ CITRUS

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DOEDOE DBPRDBPR DMADMA

DOEADOEA DOL DOL FWCFWC

Governor’s Agency IGs

AST & BOG are not included on this list, but an interpretation is

pending.

Governor and Cabinet IGs

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OFROFR DVADVA

SBASBA DORDOR

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Cabinet IGs

Attorney Attorney GeneralGeneral

CFOCFO

DOACSDOACS

Other IGs

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PSCPSC

Supreme Supreme CourtCourt

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.

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.

Summary of changes, cont.

IG shall submit final reports to the Agency Head and the CIG

Governor’s agency IGs shall monitor implementation of the state agency’s response to audits by Auditor General and OPPAGA and provide a written response to the CIG…regarding 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.

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.

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.

Reporting/General Supervision

Under the general supervision of the agency head but reports to the CIG

Housed in the agency Part of the agency’s 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

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

Executive Office of the Governor

Governor Rick Scott

Melinda M. MiguelChief Inspector General

(850) 717-9264melinda.miguel@eog.myflorida.com