AB 404 STATE OF NEVADA OFFICE OF THE INSPECTOR GENERAL A BRIEFING ON THE ESTABLISHMENT OF THE OFFICE OF THE INSPECTOR GENERAL

Transcription

1 AB 404 STATE OF NEVADA OFFICE OF THE INSPECTOR GENERAL A BRIEFING ON THE ESTABLISHMENT OF THE OFFICE OF THE INSPECTOR GENERAL

2 MISSION To provide independent, efficient, and timely oversight of State of Nevada government agencies and publicly funded entities.

3 WHY DO WE NEED AN INSPECTOR GENERAL? da-gets-f-grade-2015-state-integrity-investigation da_ pdf

4 WHY DO WE NEED AN INSPECTOR GENERAL?-Continued

5 6 WAYS AN INSPECTOR GENERAL BENEFITS NEVADA 1. Increased Government Accountability An IG s primary function is to hold government officials and employees accountable to the public. The creation of an independent IG provides an important check and balance to ensure that public officials are indeed working in the best interest of the public. The presence of an IG serves as a significant deterrent to officials and employees who might abuse their positions in government. 2. An Internal Mechanism to Resolve Disputes An IG s office provides an internal mechanism for resolving disputes based on allegations of misconduct and corruption. In a relatively short period of time, an IG can determine the facts surrounding allegations of wrongdoing by conducting an investigation and issuing a report. The IG can be particularly useful in resolving disputes between the executive and legislative branches of government that can lead to unproductive, protracted and often expensive legal battles. By having an independent IG conduct necessary investigations and audits, public officials can avoid claims that the investigations or audits are self-serving or biased.

6 6 WAYS AN INSPECTOR GENERAL BENEFITS NEVADA 3. Transparency in Government Administration Allegations against public officials involving claims of corruption, ethics violations and abusive practices are now commonplace. All governments need an orderly process for reviewing these claims and, when necessary, taking appropriate action. An IG review of such allegations with a public release of the findings and recommendations is an important step in ensuring that allegations of misconduct are fully vetted and that the public is kept informed. The IG is also able, in short order, to dispatch specious claims of official or employee misconduct. 4. Restoration of the Public Trust After a political or ethics scandal, the public loses faith in government officials. An IG can help restore public trust. The IG s office can conduct appropriate investigations and audits to address the deficiencies in a government s internal controls that led to the scandal and make recommendations for improving policies and procedures to prevent recurrences. Moreover, the IG can monitor specific areas of governmental operations implicated in a scandal or otherwise deemed susceptible to fraud, waste and abuse. A meaningful ongoing accountability and oversight program is the only realistic way to restore public confidence in government after it has been tarnished by scandal.

7 6 WAYS AN INSPECTOR GENERAL BENEFITS NEVADA 5. Deterrence of Crime Much of the workplace fraud committed by government employees are crimes of opportunity, often based on employees knowledge that administrative operations lack effective internal preventive controls and oversight, leading to a belief that the chances of being caught are low. An active IG s office, along with a comprehensive ethics code and whistleblower policies, greatly increase the likelihood of detecting employee crime. As a result, fewer employees will risk engaging in fraudulent activities. 6. Cost Savings Although sometimes difficult to quantify, the potential deterrent effect of an active IG s office may result in significant annual savings even after factoring in the administrative costs of the office. Further savings can be realized when specific IG recommendations for eliminating waste and abuse are implemented. Moreover, once in place, IGs provide comprehensive and cost-effective, in-house investigative and audit services. - Philip Zisman, Executive Director, Association of Inspectors General

8 OFFICES Offices in Reno and Las Vegas Satellite offices throughout the State of Nevada

9 SECTIONS NVIG Consists of 4 Sections Administration Audits Special Counsel Investigations

10 ADMINISTRATION OBJECTIVES Provide accountable, efficient, and effective leadership for the Office of the Inspector General PERSONNEL: Inspector General Deputy Inspector General Special Counsel Administrative Services Officer

11 AUDITS OBJECTIVES Provide independent, immediate, and timely audits that promote economy, efficiency, and effectiveness with sound actionable recommendations that when effectively implemented improve the State of Nevada s agencies, programs, operations, and stewardship of its resources. PERSONNEL: Audit Supervisor (1) Auditors (4)

12 SPECIAL COUNSEL OBJECTIVES To provide quality and timely legal counsel to the Office of the Inspector General and to protect public employees from reprisal for whistleblowing and reporting prohibited personnel practices. PERSONNEL: Special Counsel (1) Paralegal (1) Legal Secretary (1)

13 INVESTIGATIONS OBJECTIVES Conduct objective, imperative investigations that safeguard the integrity of Nevada Government. INVESTIGATIVE PRIORITIES Procurement Fraud and Public Corruption Fraud, Waste, and Abuse PERSONNEL: Supervisory Criminal Investigators (2) Criminal Investigators (7)

14 ASSEMBLY BILL 404: THE INDEPENDENT OFFICE OF THE INSPECTOR GENERAL Section 1: Title 18 0f NRS is hereby amended to establish a new chapter that establishes the Office of Inspector General (IG). Section 3: Defines local government as any political subdivision of this State that receives funding from the State, including, without limitation, any county, city, town, board, airport authority, regional transportation commission, fire protection district, irrigation district, school district or other special district that performs a governmental function and receives funding from the state.

15 ASSEMBLY BILL 404: THE INDEPENDENT OFFICE OF THE INSPECTOR GENERAL Section 5: State Agency means any board, commission, department, division, officer or employee in the Executive Department of the State Government. Section 6: Sub 1: Establishes the Nevada Office of the Inspector General and consists of the IG and any person employed by the office. Sub 2: Governor appoints the IG to a four year term from 3 names submitted by the Legislative Commission. Sub 3: IG must be impeached in order to remove.

16 ASSEMBLY BILL 404: THE INDEPENDENT OFFICE OF THE INSPECTOR GENERAL Sub 4: Discusses the qualification of the IG Sub 5: IG is unclassified and must be fully engaged in the business of his or her office. Section 7: Establishes the IG as the responsible party for the provisions of this chapter and all provisions of law relating to this office. Section 8: Authorizes the IG to appoint a Deputy IG, Special Counsel, and other employees in order for the office to function including administrative staff, auditors and Investigators. Section 9: Establishes the duties of the IG to provide a full time program of auditing, investigation, inspections and audits, and submit a quarterly report to the Governor and Director of the Legislative Counsel Bureau.

17 ASSEMBLY BILL 404: THE INDEPENDENT OFFICE OF THE INSPECTOR GENERAL Section 10: Authorizes the IG to establish a telephone number to report fraud, waste, and abuse. Section 11: Mandates state agencies and local government to cooperate with the IG. Section 12: Authorizes the IG to submit subpoenas in order to produce witnesses and documents. Section 13: Requires the IG to publicize completed investigations, inspections, reviews, and audits. Section 14: Requires that audits, investigations, and reviews must conform to standards such as those promulgated by the American Association of Inspectors General.

18 ASSEMBLY BILL 404: THE INDEPENDENT OFFICE OF THE INSPECTOR GENERAL Section 15: Establishes the Nevada Inspector General Fund in order to receive appropriations. Section 16: Establishes a penalty for those who retaliate against whistleblowers. Section 17: Establishes penalties for threats or acts of physical violence against the IG or the IG s Employees. Section 18: Establishes the IG and the IG s Employees as Protected Persons as established by NRS Section 19: Establishes IG Investigators as Category II Peace Officers.

19 QUESTIONS