Del. lawmakers push for creation of Office of the Inspector General
DOVER, Del. – Delaware is one of 15 states in the nation that does not have an Office of the Inspector General (OIG). State Senator Laura Sturgeon, however, is hoping to change that with the introduction of a new piece of legislation.
“I want people to continue to have confidence in their state government, and I thought this was a really good way to help ensure that,” said Sen. Sturgeon on Tuesday before filing the bill.
A New Type of Watchdog
The bill would create the OIG, which would serve as a watchdog against public officials accused of violating the public’s trust. Delaware would be only the seventh state in the nation with an OIG equipped with full subpoena power. It’s an extra layer of oversight that advocates say is long overdue in Delaware.
“I think in today’s environment, nobody wants to have somebody looking over their shoulders, particularly our public officials,” said John Flaherty, board member of the Delaware Coalition for Open Government. “But, I think that is what you need to do to have a vibrant, effective democracy.”
Who’s Fit for the Job
Under the legislation, the Delaware Secretary of State would convene a 15-member selection panel. That panel would be tasked with recommending three Inspector General candidates to the Governor. After the Governor narrows that group of three down to one, the individual would have to be confirmed by the Senate.
No statewide public office holder, member of the General Assembly, cabinet secretary, or division director would be allowed to do the job for three years until after they’ve left office. The position is limited to five year terms.
“It’s very important to have a nonpartisan office, because the the Auditor of Accounts office is elected, for example,” said Claire Snyder-Hall, former Executive Director for Common Cause Delaware. “You want an office that’s not a political office for this kind of work.”
Those investigations would have to be carried out by someone with no political motivations, say supporters. The OIG would be an appointed position; other watchdogs like the State Auditor of Accounts, and Attorney General, are elected positions.
“What we don’t have in Delaware, and what this bill aims to do, is an office that is fully independent; and office that does not depend upon the electorate and party politics,” said Sen. Sturgeon. “This bill, by design, also allows and gives the power and authority to an Inspector General to investigate members of the General Assembly.”
How OIG Investigations Work
With Sen. Sturgeon’s legislation, the OIG would have the power to initiate its own investigations, using its statutorily granted subpoena powers. However, the OIG would also be able to field complaints through many channels; a statewide toll-free phone number, a collect number, a website, an email address, and a mailing address.
Once the investigation is complete, the OIG would be required to issue a decision, including recommended next steps, on its website. Any evidence of crimes committed would be forwarded to the appropriate law enforcement agency.
The OIG would also have the ability to initiate civil action in the courts on its own. In addition, the OIG would work closely with the Delaware Department of Justice, Auditor of Accounts, and Public Integrity Commission.
Complainants’ identities would be protected. Additionally, state employees who are investigated by the OIG, but found to be innocent of wrongdoing, would also have their names protected.
Putting the Bill Together
OIGs from across the country were consulted in order to put together Delaware’s enabling legislation. Snyder-Hall says it was there that advocates heard examples of the wasteful behaviors that an OIG could go after, and help to prevent in the future.
Snyder-Hall says they heard about one agency in another state where people would schedule air travel, and upon having to reschedule, they would get a voucher with credit; but they would rebook their flight without using that credit.
“That’s not illegal, it’s not really unethical, but it’s a waste,” Snyder-Hall explained. “And, that money is now getting recouped to the government. I think that’s the kind of thing that will help this office pay for itself.”
Fiscal Note, Looking Ahead
Of course, the bill comes with a fiscal note. In a previously filed, but failed, version of the bill, the price tag was between $1.5 million and $2 million dollars. Sen. Sturgeon anticipates that her bill will come at a similar cost.
“To create a new office is going to require an Inspector General, a Deputy Inspector General, other people who can do investigations, and then some support staff,” said Sen. Sturgeon.
While the bill failed to become law in the past, Flaherty remains optimistic for its chances this session.
“It’s another arrow in the quiver to give citizens the right to provide checks and balances on our elected public officials,” said Flaherty. “It’s going to be a difficult road, but I think [Sen. Sturgeon] has what’s needed to get this bill through.”
The bill has been assigned to the Senate Executive Committee.
