HB 1425

1
A bill to be entitled
2An act relating to Broward County; creating the Broward
3County Office of Inspector General; providing definitions,
4functions, authority, and powers of the Broward County
5Inspector General; providing for qualifications,
6selection, contract, facilities, and staff; providing for
7reporting and budgeting; providing for removal; providing
8for powers of state attorney; providing for a referendum;
9providing an effective date.
10
11     WHEREAS, various public officials throughout South Florida
12have recently been charged with public corruption and the misuse
13of office, and
14     WHEREAS, misconduct involving abuse, corruption, fraud, and
15mismanagement by elected and appointed local government
16officials and employees in Broward County agencies and
17instrumentalities, contractors, and other parties doing business
18with Broward County and receiving local government funds
19undermines public confidence in local government and prevents
20the local government in Broward County from operating honestly,
21efficiently, and effectively, and
22     WHEREAS, it is critically important that elected and
23appointed local government officials and employees within
24Broward County discharge their duties and responsibilities in a
25lawful and ethical manner and be held accountable for their
26misconduct, inefficiency, and ineffectiveness, and
27     WHEREAS, imposing the duty on all elected and appointed
28local government officials and employees to cooperate with and
29report misconduct to the Inspector General will broaden and
30strengthen the Inspector General's ability to detect,
31investigate, eliminate, and deter misconduct by Broward County
32officials and employees, vendors, and government-funded entities
33and promote integrity, honesty, and efficiency in government,
34NOW, THEREFORE,
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Short title.-This act shall be entitled the
39"Broward County Office of Inspector General Act."
40     Section 2.  Definitions.-
41     (1)  "County" means the Charter Government of Broward
42County.
43     (2)  "Board" means the Board of County Commissioners of
44Broward County.
45     (3)  "State attorney" means the State Attorney of the 17th
46Judicial Circuit in and for Broward County or any elected or
47appointed successor or interim officers or special prosecutors
48acting in the state attorney's stead.
49     (4)  "Inspector General" means the Broward County Office of
50Inspector General created pursuant to this act.
51     (5)  "Local government" means the Charter Government of
52Broward County, any dependent special district of Broward
53County, the School Board or School District of Broward County,
54any constitutional officer of Broward County, as provided in s.
551, Art. VIII of the State Constitution, or any independent
56special district operating solely within Broward County. The
57term "local government" does not include any municipality within
58Broward County or any dependent district of any municipality
59within Broward County.
60     Section 3.  Broward County Office of Inspector General
61created and established.-
62     (1)  There is hereby established the Broward County Office
63of Inspector General, which is created in order to detect
64misconduct involving abuse, corruption, fraud, or violation of
65ordinances, state or federal laws, or the state or federal
66constitutions. The Inspector General shall have the power and
67responsibility to investigate elected and appointed officials
68and employees, local governments, and all agencies and
69instrumentalities, contractors, and other parties doing business
70with local governments or receiving local government funds.
71Notwithstanding this subsection, the investigative powers and
72responsibilities of the Inspector General shall not include
73violations of any law enforcement officer as defined in section
74112.531, Florida Statutes, and any firefighter as defined in
75section 112.81, Florida Statutes. The Inspector General shall
76head the Office of Inspector General. The organization and
77administration of the Office of Inspector General shall be
78independent to ensure that no interference or influence external
79to the Office of Inspector General adversely affects the
80independence and objectivity of the Inspector General.
81     (2)(a)  Upon receipt of a written signed complaint, the
82Inspector General shall make a determination within 10 working
83days whether or not such complaint demonstrates probable cause
84of misconduct involving abuse, corruption, fraud, or violation
85of ordinances, state or federal laws, or the state or federal
86constitutions. The determination shall be contained in a
87document signed by the Inspector General. Once probable cause
88has been found, the Inspector General shall inform the
89individual or individuals who may be the subject of an
90investigation that they have 15 working days to respond to the
91findings of the Inspector General. After receipt of a response
92or after 15 working days, the Inspector General shall fully
93investigate the complaint in which probable cause has been
94found. The Inspector General shall complete any investigation
95within 180 days after the Inspector General's finding of
96probable cause.
97     (b)  Upon a finding of probable cause as provided in
98paragraph (a), the Inspector General shall have the authority
99to:
100     1.  Undertake investigations of local government officers,
101employees, and other local government matters and publish the
102results of such investigations; and
103     2.  Review and audit past, present, and proposed local
104government programs, accounts, records, contracts, change
105orders, and transactions. All elected and appointed local
106government officials and employees, local government agencies
107and instrumentalities, contractors, and other parties doing
108business with local government or receiving local government
109funds shall fully cooperate with the Inspector General.
110     (c)  Pursuant to an investigation where there has been a
111finding of probable cause, the Inspector General shall have the
112power to conduct audits of, require reports from, and receive
113full and unrestricted access to the records of local government,
114including all elected and appointed local government officials
115and employees; local government departments, divisions,
116agencies, and instrumentalities; and contractors and other
117persons and entities doing business with local government or
118receiving local government funds regarding any such contracts or
119transactions with local government. The Inspector General's
120jurisdiction includes, but shall not be limited to, all
121projects, programs, contracts, or transactions that are funded
122in whole or in part by local government. The Inspector General
123may contract with outside entities deemed necessary to perform
124the functions of such office.
125     (d)  In the case of a refusal to obey a request by the
126Inspector General for documents or for an interview, the
127Inspector General shall have the power to subpoena witnesses,
128administer oaths, and require the production of records.
129Seventy-two hours prior to serving a subpoena, the Inspector
130General shall provide written notice to the state attorney and
131the United States Attorney for the Southern District of Florida.
132The Inspector General shall not interfere with any ongoing
133criminal investigation or prosecution of the state attorney or
134the United States Attorney for the Southern District of Florida.
135When the state attorney or the United States Attorney for the
136Southern District of Florida has explicitly notified the
137Inspector General in writing that the Inspector General's
138investigation is interfering with an ongoing criminal
139investigation or prosecution, the Inspector General shall
140suspend service of subpoena, examination of witnesses, or other
141investigative activities as set forth in the notice. In the case
142of a refusal to obey a subpoena served to any person, the
143Inspector General may make application to any circuit court of
144this state which shall have jurisdiction to order the witness to
145appear before the Inspector General and to produce evidence if
146so ordered or to give testimony relating to the matter in
147question.
148     (e)  If after a finding of probable cause the Inspector
149General believes in good faith that there is a violation of any
150state, federal, or local law, or rule, regulation, or policy, he
151or she shall notify the appropriate civil, criminal, or
152administrative agencies charged with enforcement of the
153violation. In the case of a possible violation of a rule,
154regulation, or policy governing a local government employee, the
155Inspector General shall notify the chief executive officer of
156the local government. After referring the matter to the
157appropriate entity for fact finding, the Inspector General may
158assist the entity in conducting the investigation.
159     (f)  In order to investigate misconduct involving abuse,
160corruption, fraud, or violation of ordinances, state or federal
161statutes, or the state or federal constitutions, the Inspector
162General shall have the power, without limitation, to audit,
163investigate, monitor, inspect, and review the operations,
164activities, and processes of local government, including, but
165not limited to, activities of contractors; officers, agents, and
166employees of the Inspector General; and lobbyists and local
167government staff and officials.
168     (g)  The Inspector General shall establish a hotline and
169website to receive complaints from identified persons.
170     (h)  The Inspector General's records relating to active
171investigations shall be and are confidential and exempt from
172disclosure, as provided in section 112.3188(2), Florida
173Statutes.
174     (i)  The Inspector General shall be deemed an appropriate
175local official of any local government that contracts with the
176Inspector General and Board of County Commissioners for purposes
177of whistleblower protection provided by section 112.3188(1),
178Florida Statutes.
179     (j)  The Inspector General may recommend remedial action to
180local government. The Inspector General may follow up to
181determine whether recommended remedial actions have been taken.
182     (k)  The Inspector General shall establish policies and
183procedures and monitor the costs of investigations undertaken.
184The Inspector General shall cooperate with all governmental
185agencies to recover costs from all entities involved in willful
186misconduct in regard to local government funds.
187     (l)  Nothing in this subsection shall abridge an employee's
188constitutional right to collective bargaining.
189     (3)  The Inspector General shall be a person who:
190     (a)1.  Has at least 7 years of experience in any one or a
191combination of the following:
192     a.  As a federal, state, or local law enforcement officer
193or official.
194     b.  As a federal or state court judge.
195     c.  As a federal, state, or local government attorney or
196private attorney with experience in investigating fraud,
197corruption, and violations of law.
198     d.  As an inspector general, certified public accountant,
199or internal auditor.
200     e.  As a person with progressive supervisory and managerial
201experience in an investigative public agency similar to an
202inspector general's office.
203     f.  As a person who has managed and completed complex
204investigations involving allegations of fraud, theft, deception,
205or conspiracy.
206     g.  As a person who has demonstrated the ability to work
207with local, state, and federal law enforcement agencies and the
208judiciary.
209     h.  As a person who has a 4-year degree from an accredited
210institution of higher learning.
211     i.  As a person who has not been employed by Broward County
212or any other governmental entity subject to the authority of the
213Office of Inspector General during the 2-year period immediately
214prior to selection.
215     2.  Highly qualified candidates shall also have audit-
216related skills or hold one or more of the following professional
217certifications at the time of selection: Certified Inspector
218General (CIG), Certified Inspector General Investigator (CIGI),
219Certified Inspector General Auditor (CIGA), Certified Public
220Accountant (CPA), Certified Internal Auditor (CIA), or Certified
221Fraud Examiner (CFE).
222     (b)  In addition to having a background in sub-
223subparagraphs (a)1.a.-f., a candidate for Inspector General
224shall also have experience in the management of private business
225or a public entity or subdivision thereof.
226     (4)  Responsibility for selecting the Inspector General
227shall be vested solely with the Inspector General Selection
228Committee ("selection committee"). The selection committee shall
229be comprised of:
230     (a)  One person chosen by the Chief Judge of the 17th
231Judicial Circuit.
232     (b)  One person chosen by the Chairperson of the Broward
233Legislative Delegation.
234     (c)  The Mayor of Broward County.
235     (d)  The State Attorney for the 17th Judicial Circuit.
236     (e)  The Public Defender for the 17th Judicial Circuit.
237     (f)  The President of the Broward County Chiefs of Police
238Association.
239
240The persons chosen pursuant to paragraphs (a) and (b) must not
241meet the definition of lobbyist by either county ordinance or
242state law for 2 years prior to their selection. No member of the
243selection committee shall be an elected or appointed official or
244employee of any local government within Broward County at the
245time of selection. The chairperson of the selection committee
246shall be selected by the members of the selection committee, and
247the selection committee shall determine its own rules of
248procedure. After thoroughly reviewing qualifications, background
249information, and personal and professional referrals, the
250selection committee shall notify the County Attorney of Broward
251County of its selection. The county attorney shall assist the
252selected Inspector General as set forth in this section.
253     (5)  Within 30 days after the effective date of this act,
254the Human Resources Division of Broward County shall solicit
255qualified candidates. Within 120 days after the effective date
256of this act, the selection committee shall in good faith
257endeavor to select the Inspector General.
258     (6)  The Human Resources Division of Broward County shall
259provide staff to the selection committee and as necessary shall
260advertise the acceptance of resumes for the position of
261Inspector General. All resumes received by the Human Resources
262Division shall be forwarded to the selection committee for
263consideration. The Human Resources Division shall contract with
264an appropriate entity to ensure that background checks are
265conducted on the candidates selected for interview by the
266selection committee. The results of the background checks shall
267be provided to the selection committee prior to the interview of
268candidates. After the initial selection of the Inspector
269General, the selection committee, for future selection processes
270as described in subsection (4), may continue to employ the
271services of the Human Resources Division or may utilize its own
272staff to solicit candidates for Inspector General. All
273advertisements for the acceptance of resumes for Inspector
274General shall include a salary range commensurate with public
275officials of like experience and expertise.
276     (7)  The Inspector General shall serve for a term of 4
277years. At least 6 months prior to the end of each contract term,
278the selection committee shall determine whether or not to renew
279the Inspector General's contract for an additional term of 4
280years and shall promptly notify the Inspector General of its
281decision. In the event the selection committee elects not to
282renew the Inspector General's contract, the selection committee
283shall promptly convene as necessary to solicit candidates for
284the selection of a new Inspector General in the same manner as
285described in subsection (4). The incumbent Inspector General may
286submit his or her name as a candidate to be considered for
287selection. The incumbent Inspector General shall serve until a
288successor is selected and assumes office.
289     (8)  In case of a vacancy in the position of Inspector
290General, the chairperson of the selection committee may appoint
291a member of the Inspector General's Office as interim Inspector
292General within 10 days after the vacancy occurs until such time
293as a successor Inspector General is selected and assumes office.
294A successor Inspector General shall be selected in the same
295manner as described in subsection (2), except for the following
296specific time constraints:
297     (a)  Solicitation for qualified candidates for selection
298should be published within 20 days, but no later than 40 days
299after the date the vacancy occurs; and
300     (b)  The selection committee must in good faith endeavor to
301convene and select an Inspector General within 90 days after the
302date the vacancy occurs.
303     (9)  The selection committee, with the assistance of the
304County Attorney of Broward County, shall negotiate a contract of
305employment with the Inspector General substantially consistent
306with the terms included in contracts of other contractual
307employees of Broward County. The Inspector General shall be paid
308at a rate commensurate with public officials of like experience
309and expertise. Before the selection committee approves a
310contract for the Inspector General, a public hearing for same
311shall be scheduled by the Broward County Board of County
312Commissioners. The contract shall cover the 4-year term subject
313to the removal provisions in subsection (15). The contract shall
314include a provision requiring the selection committee to provide
315notice of its decision to renew or not to renew the contract at
316least 6 months prior to the termination of the contract. The
317contract shall provide that the Inspector General may not
318represent a political party, be on any executive committee
319thereof, or seek public office during his or her term of service
320or for 4 years thereafter. The limitation in this subsection
321does not include seeking selection as Inspector General for a
322subsequent term. The contract shall further provide that the
323Inspector General may not be a lobbyist, as defined in Broward
324County ordinances or general law, for 2 years after term of
325service.
326     (10)(a)  The county shall provide the Office of Inspector
327General with appropriately located office space and sufficient
328physical facilities together with necessary office supplies,
329equipment, and furnishings to enable the Inspector General to
330perform his or her functions.
331     (b)  The Inspector General shall have the power to appoint,
332employ, and remove such assistants, employees, and personnel and
333establish personnel procedures as deemed necessary for the
334efficient and effective administration of the activities of the
335Office of Inspector General.
336     (11)(a)  The Inspector General shall publish and deliver
337finalized reports and recommendations to all local governments
338and the offices represented on the selection committee.
339Notwithstanding any other provision of this act, whenever the
340Inspector General determines that it is appropriate to publish
341and deliver a report or recommendation that contains findings as
342to the person or entity that is the subject of the report or the
343person or entity that is the subject of the recommendation, the
344Inspector General shall provide the affected person or entity a
345copy of the report or recommendation. Such person or entity
346shall have 15 working days to submit a written explanation or
347rebuttal of the findings before the report or recommendation is
348finalized. Such timely submitted written explanation or rebuttal
349shall be attached to the finalized report or recommendation. The
350requirements of this paragraph shall not apply when the
351Inspector General, in conjunction with the state attorney or
352United States Attorney, determines that supplying the affected
353person or entity with such report will jeopardize a pending
354criminal investigation.
355     (b)  A complaint received by the Office of Inspector
356General shall be held in abeyance when the complaint is received
357against a person who is running for local government office and
358the complaint is received within 60 days after the date of the
359election. The complaint shall be abated until the last election
360for that local government office has been determined.
361     (12)  Notwithstanding anything contained in general law to
362the contrary, the state attorney may in his or her discretion
363prosecute ordinance violations relating to ethics which have
364been enacted by Broward County without an agreement between the
365state attorney's office and Broward County.
366     (13)  The Inspector General shall annually prepare and
367publish a written report concerning the work and activities of
368the Office of Inspector General, including, but not limited to,
369statistical information regarding the disposition of closed
370investigations, audits, and other reviews. The annual report of
371the Inspector General shall be posted promptly on Broward
372County's public website.
373     (14)(a)  Each local government covered by this act shall be
374responsible for the funding of the Broward County Office of
375Inspector General. Pursuant to its annual budget process, the
376Board of County Commissioners of Broward County shall provide
377sufficient financial support for the Inspector General's Office
378to fulfill its duties as set forth in this act. In order to
379ensure adequate funding for the prompt establishment of the
380Inspector General, the Board of County Commissioners of Broward
381County shall approve an amount equal to $200,000 to fund all
382Inspector General related operations for the remainder of the
3832010-2011 fiscal year. The Inspector General shall timely
384deliver to the board of county commissioners a budget, including
385a reasonable estimate of operating and capital expenditures of
386the Office of Inspector General, and shall include revenues,
387including, but not limited to, projected Inspector General
388contract fee revenue to be collected from the county and any
389other participating local governments and public agencies. The
390Inspector General's budget shall not be implemented until a
391public hearing is held by the Board of County Commissioners of
392Broward County. The Inspector General shall establish a fiscal
393year that coincides with that of Broward County. Nothing in this
394paragraph shall be construed to prohibit the Inspector General
395from transmitting to the Broward County Board of County
396Commissioners supplemental budget requests, which shall be
397scheduled for a public hearing and, if approved by the
398commission, shall constitute amendments to the county budget.
399     (b)  The amount of each local government within Broward
400County shall be added for a total amount. The percentage that
401each local government's budget represents in relation to the
402total budget amount shall be the percentage for which each local
403government shall be responsible to fund the Office of Inspector
404General. The Charter Government of Broward County provides a
405procedure in which each local government shall remit a local
406government's share to Broward County in order to fund the Office
407of Inspector General. Full payment from each local government
408shall be made to Broward County within 90 days after the
409enactment of the budget of Broward County or any amendment to
410the budget of Broward County representing funding for the Office
411of Inspector General.
412     (15)  The Inspector General may be removed only for cause
413based upon specified charges of the following: neglect of duty,
414abuse of power or authority, discrimination, or ethical
415misconduct. The removal process shall be initiated at a duly
416noticed public hearing of the selection committee. An
417affirmative vote of three members of the selection committee
418shall be required to present the Inspector General with the
419charges and to proceed to final public hearings. The selection
420committee shall transmit a copy of the charges to the Inspector
421General at least 60 days prior to all final public hearings,
422which shall be convened by the selection committee. The
423Inspector General shall have an opportunity to be heard in
424person and by counsel at the final public hearings prior to the
425votes being taken on his or her removal. The Inspector General
426may only be removed upon the affirmative vote of all members of
427the selection committee. A record of the proceedings, together
428with the charges and findings thereon, shall be filed with the
429County Administrator of Broward County. The Inspector General
430shall be removed without a public hearing in the event the
431Inspector General is convicted of or enters a plea of guilty or
432nolo contendere to a state or federal felony.
433     (16)  Both the Office of Inspector General and the
434selection committee created by this act shall be deemed a part
435of the Charter Government of Broward County and, except as
436provided in this act, shall be subject to all regularly enacted
437ordinances, rules, regulations, policies, and procedures of
438Broward County.
439     Section 4.  Referendum.-The Broward County Board of County
440Commissioners shall schedule a special referendum election on
441the date of the general election of 2016 in accordance with the
442terms of the laws pertaining to elections. The item that shall
443appear on the ballot shall be the question that is provided in
444section 5. This act shall expire and be of no force and effect
445on the date after the general election of November 2016 unless a
446ballot question placed on such ballot as provided in section 5
447has been approved by voters voting in such election.
448     Section 5.  Ballot statement.-The Broward County Board of
449County Commissioners shall schedule a special referendum
450election on the date of the general election of 2010 in
451accordance with the terms of the laws pertaining to elections.
452The item that shall appear on the ballot shall be as follows:
453
454Creation of the Broward County Office of Inspector General
455
456Shall there be created the Broward County Office of Inspector
457General, appointed by an independent committee and funded by
458Broward County local governments? The Inspector General shall
459detect misconduct involving abuse, corruption, fraud, or
460violation of ordinances, state or federal laws, or the state or
461federal constitutions by officers, employees, and contractors of
462Broward County, dependent special districts of Broward County,
463the School Board or School District of Broward County,
464constitutional officers of Broward County, and independent
465special districts operating solely within Broward County.
466Yes     
467No     
468     Section 6.  This act shall take effect only upon approval
469by a majority of those qualified electors of Broward County
470voting in a referendum to be held by the County Commission of
471Broward County in conjunction with the next general, special, or
472other election in Broward County, except that this section and
473section 5 shall take effect upon this act becoming a law.


CODING: Words stricken are deletions; words underlined are additions.