2026 -- H 8562 | |
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LC006482 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF INSPECTOR | |
GENERAL | |
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Introduced By: Representatives Blazejewski, Kazarian, Hull, Caldwell, Shanley, Lima, | |
Date Introduced: May 19, 2026 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 9.4 |
4 | OFFICE OF INSPECTOR GENERAL |
5 | 42-9.4-1. Purpose and establishment of office of the inspector general. |
6 | (a)(1) There is hereby established an office of the inspector general (the "office") that shall |
7 | be an independent and nonpartisan administrative agency whose purpose shall be to investigate the |
8 | management and operation of agencies as it relates to the prevention and detection of fraud, waste, |
9 | abuse and mismanagement in the expenditure of public funds that harms the public interest. |
10 | (2) The jurisdiction, authorization, powers, and duties granted to the office pursuant to this |
11 | chapter shall be in addition to, and not in contravention of, any and all jurisdiction, authorization, |
12 | powers, and duties of the office of attorney general, any other state or local law enforcement |
13 | agency, or the auditor general. |
14 | (3) The general assembly shall make adequate appropriations to the office of inspector |
15 | general to enable effective operation and independence. |
16 | (b) The inspector general shall be appointed by the governor with the advice and consent |
17 | of the senate in accordance with § 42-9.4-4 and shall direct and supervise the work of the office as |
18 | follows: |
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1 | (1) The inspector general shall establish the organizational structure appropriate to carry |
2 | out the functions and duties of the office and shall have the power to employ, promote, and remove |
3 | such deputies, assistants, employees, and personnel as deemed necessary for the efficient and |
4 | effective administration of the office. |
5 | (2) The inspector general may hire the necessary support staff, and designate a deputy |
6 | inspector general and other qualified staff with education or experience in relevant areas, such as |
7 | investigations, evidence collection, audits, compliance with laws and other requirements, or other |
8 | forms of oversight, enforcement, or government evaluation. Provided, further, the inspector general |
9 | may contract for services of technical experts, including legal counsel. |
10 | (3) Within three (3) years after being hired, investigative staff employed by the office shall |
11 | become certified by the Association of Inspectors General in at least one of the following fields: |
12 | (i) Investigation; |
13 | (ii) Auditing; or |
14 | (iii) Evaluation. |
15 | (c) Nothing in this chapter shall diminish, supersede, limit, or interfere with the statutory |
16 | responsibilities and authority of the auditor general as provided in § 22-13-4. |
17 | (d) The director of administration is hereby authorized and directed to provide suitable |
18 | quarters for the office of inspector general. |
19 | 42-9.4-2. Definitions. |
20 | As used in this chapter: |
21 | (1) "Agency" means a separate agency or unit of state government created or established |
22 | by law and includes, but is not limited to, the following entities and officers of any authority, board, |
23 | branch, bureau, commission, committee, council, department, division, institution, office, public |
24 | corporation, or quasi-agency as the case may be. |
25 | Agency shall not mean and shall not include: (i) The legislative branch of state government |
26 | and any agency, committee, commission, or unit therein or thereof; or (ii) The judicial branch of |
27 | state government and any agency, committee, commission, or unit therein or thereof. |
28 | (2) "Contractor" means any person, corporation, partnership, business, committee, or other |
29 | organization entity or group of individuals, performing any tasks or duties as defined under a |
30 | written or oral contract with an agency. |
31 | (3) "Employee" means any person employed by an agency, including agency heads, |
32 | directors and commissioners. |
33 | (4) "Officer" means any person appointed to any agency. |
34 | (5) "Official" means any person elected to office within the executive branch of |
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1 | government. |
2 | (6) "Public funds" means state, federal or local funds, either appropriated, non-appropriated |
3 | or given under right of grant. |
4 | 42-9.4-3. Qualifications. |
5 | To be eligible to be appointed as an inspector general, a candidate shall have, at a minimum, |
6 | the following qualifications: |
7 | (1) Hold a bachelor's degree or higher in criminal justice, public administration, law |
8 | enforcement, accounting, or a related area; |
9 | (2) Have at least ten (10) years of professional experience in auditing, investigations, law |
10 | enforcement, accounting, or a related area; |
11 | (3) Hold a professional certificate from the Association of Inspectors General, including |
12 | Certified Inspector General or Certified Inspector General Investigator; and |
13 | (4) Demonstrate a commitment to safeguarding the mission of public service. Candidates |
14 | must provide prior professional opinions, positions, or actions that may influence the candidate's |
15 | approach to the role, which will be subject to public disclosure to the extent permitted under law. |
16 | 42-9.4-4. Inspector general -- Appointment -- Removal. |
17 | (a) There is hereby established a five (5) member independent advisory commission |
18 | comprised of the following individuals: |
19 | (1) Attorney general; |
20 | (2) General treasurer; |
21 | (3) Secretary of state; |
22 | (4) Executive director of the ethics commission; and |
23 | (5) President of the Association of Inspectors General, or designee. |
24 | (b) The commission shall immediately be charged with creating a process for the |
25 | application, interview and selection of suitable and qualified candidates as follows: |
26 | (1) The commission shall consider applicants for the position of inspector general, in |
27 | accordance with this chapter and without regard to political affiliation, on the basis of integrity, |
28 | capability for strong leadership and demonstrated ability in accounting, auditing, financial analysis, |
29 | law, public administration, investigations, criminal justice administration, or closely related fields. |
30 | (2) Within ninety (90) days of the effective date of this chapter, the commission shall |
31 | submit to the governor a list of three (3) qualified candidates for inspector general that the governor |
32 | shall give due consideration in appointing one individual from the list. Within ninety (90) days of |
33 | receiving the list, the governor shall submit to the senate for advice and consent one individual for |
34 | appointment as inspector general. |
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1 | (3) Once confirmed by the senate, the inspector general shall serve for a term of five (5) |
2 | years and is eligible for reappointment for a second five (5) year term, in accordance with this |
3 | section. |
4 | (c) No inspector general may serve longer than two (2) five (5) year terms. |
5 | (d) The inspector general and employees shall be subject to chapter 14 of title 36 ("code of |
6 | ethics"). |
7 | (e) Upon a mid-term vacancy of the inspector general, an interim inspector general shall |
8 | be appointed in accordance with this section. |
9 | (f) No inspector general, officer, or employee of the office of inspector general shall hold |
10 | or be a candidate for any other elective or appointed public office while serving as inspector |
11 | general. |
12 | (g) No inspector general, officer, or employee of the office of inspector general shall hold |
13 | a position in any political party, committee, or subcommittee, or participate in any political |
14 | campaign of any candidate for public office while serving as inspector general. |
15 | (h) Eligibility restriction. The following individuals shall not be nominated for inspector |
16 | general until one year after the last day of the individual's holding of any of the following |
17 | disqualifying positions: |
18 | (1) A member of the general assembly; |
19 | (2) Any other public office holder; or |
20 | (3) A cabinet secretary, a department director in the executive branch, or an individual of |
21 | equivalent standing within the executive branch. |
22 | (i) Removal. The person so appointed as inspector general may be removed from office for |
23 | cause by the governor prior to the expiration of his or her term. Cause may include substantial |
24 | neglect of duty, gross misconduct or conviction of a crime, whether or not it is related to official |
25 | work duties. |
26 | 42-9.4-5. Jurisdiction -- Powers and duties. |
27 | (a) The inspector general shall have jurisdiction over any official, officer, employee, or |
28 | agency in the executive branch of state government. |
29 | (b) The inspector general shall have the following duties: |
30 | (1) Investigate the management and operation of agencies to determine if there has been |
31 | evidence of fraud, waste, abuse, mismanagement, or any other abuse of governmental resources |
32 | that harms the public interest, whether through acts or omissions; |
33 | (2) Investigate retaliation claims regarding whistleblowers; |
34 | (3) Report suspected acts of fraud, waste, abuse or mismanagement against or within an |
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1 | agency to the governor and, as appropriate to other state entities with jurisdiction over the matter; |
2 | (4) Conduct special investigations and management reviews of agencies at the request of |
3 | the governor; |
4 | (5) Establish procedures to receive, investigate, and resolve complaints, including |
5 | recommending whether disciplinary action or further investigation by appropriate local, state, or |
6 | federal agencies is warranted and taking further action as appropriate; |
7 | (6) Instruct and educate agencies on the detection and prevention of fraud, waste, abuse, |
8 | and mismanagement; conduct evaluations of relevant agency policies and procedures implicated |
9 | by any investigation and create a remedial action plan to prevent recurrences of fraud, waste, abuse, |
10 | or mismanagement that harm the public interest; and close an investigation when the inspector |
11 | general concludes there is insufficient evidence that a violation has occurred. Closure of any |
12 | investigation by the inspector general shall not bar the reopening of the investigation should |
13 | circumstances warrant; |
14 | (7) Act as a liaison to agencies to promote accountability, integrity, and efficiency in state |
15 | government; |
16 | (8) Maintain a statewide-toll-free telephone number, website, email address, and physical |
17 | mailing address for the receipt of complaints and inquiries; |
18 | (9) Work collaboratively, including through any memoranda of understanding, for the |
19 | purposes of efficiency, coordination, and avoidance of duplicative work with the attorney general, |
20 | local, state or federal law enforcement, the ethics commission, and the auditor general; |
21 | (10) Enter into contracts for audits or specialists needed to perform the duties outlined |
22 | herein. Provided, further, the inspector general shall coordinate with the auditor general to ensure |
23 | efficient utilization of available audit resources; and |
24 | (11) When formally requested by a municipal government through a city or town council |
25 | resolution, the inspector general may accept a request from a municipality to investigate concerns |
26 | regarding fraud, waste, abuse, or mismanagement of state or municipal government funds. All the |
27 | powers, duties and procedures of the inspector general set forth in this chapter for investigation of |
28 | agencies shall apply to any investigation related to a municipality. |
29 | 42-9.4-6. Investigative procedures. |
30 | (a) The inspector general shall accept and may investigate complaints or information from |
31 | any individual or entity concerning the possible existence of any activity constituting alleged fraud, |
32 | waste, abuse, and mismanagement relating to any agency as defined herein. |
33 | (b) The inspector general shall not, after receipt of a complaint or information from an |
34 | employee, contractor, or private citizen who requests confidentiality, disclose the identity of that |
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1 | individual, without the written consent of the individual, unless the inspector general determines |
2 | such disclosure is necessary and unavoidable during the course of an investigation. In such event, |
3 | the individual filing the complaint shall be notified immediately, if possible, of such disclosure |
4 | which shall be in accordance with applicable law. |
5 | (c) The inspector general shall not investigate complaints from employees that relate to |
6 | their employment relationship with the agency, unless the complaint is directly related to fraud, |
7 | waste, abuse, or mismanagement or abuse of governmental resources that harms the public interest. |
8 | (d) The inspector general may decline to investigate a complaint as provided by the rules |
9 | and regulations adopted pursuant to this chapter. If the inspector general declines to investigate a |
10 | complaint, he or she shall notify the complainant of the decision not to investigate and the basis for |
11 | that determination. |
12 | (e) The inspector general may refer a complaint under this chapter to the attorney general; |
13 | local, state or federal law enforcement, the auditor general, or the ethics commission. |
14 | (f) The inspector general may not levy a fee for the submission or investigation of a |
15 | complaint. |
16 | (g) The inspector general shall remain neutral and impartial and may not act as an advocate |
17 | for the complainant or for the agency. |
18 | (h) The inspector general shall adhere to professional standards for initiating and |
19 | conducting investigations, such as the Principles and Standards for Offices of Inspector General |
20 | promulgated by the Association of Inspectors General. Additionally, the office of inspector general |
21 | shall be a member of the Association of Inspectors General and participate in the peer review |
22 | program of the association as part of the established quality control procedures adopted by the |
23 | office. |
24 | 42-9.4-7. Conclusion of investigation -- Report -- Decision. |
25 | (a) At the conclusion of the investigation of each complaint: |
26 | (1) Report. Upon the conclusion of an investigation that results in a finding of fraud, waste, |
27 | abuse or mismanagement but prior to issuing a decision, the inspector general shall issue a report |
28 | or letter to the agency subject to the investigation, the office of the governor, the attorney general, |
29 | the speaker of the house of representatives, the president of the senate and shall release to the public |
30 | any such report unless the public release of such report would compromise a pending criminal |
31 | investigation noted in the report and known to the inspector general or otherwise be exempt from |
32 | disclosure pursuant to chapter 2 of title 38 ("access to public records"); |
33 | (i) The director of each agency may, within sixty (60) days of receipt of said report, |
34 | comment upon any references to the agency contained within the report. The comment, if any, shall |
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1 | be forwarded to the governor, the attorney general, the speaker of the house of representatives, the |
2 | president of the senate, and the office of inspector general. |
3 | (2) Decision. The inspector general shall issue a decision on the merits of the complaint, |
4 | including his or her recommendations, and the decision shall be posted on the inspector general's |
5 | website; |
6 | (i) Where the investigation finds that there has been or continues to be fraud, waste, abuse, |
7 | mismanagement, or other abuse of governmental resources that harms the public interest or that |
8 | there is evidence of a crime, the inspector general shall communicate its findings and decision to |
9 | the attorney general, local, state or federal law enforcement, or the auditor general; |
10 | (ii) If the complaint is about an employee of an agency or a contractor and the investigation |
11 | found no evidence of wrongdoing, the inspector general shall ensure that the public decision does |
12 | not contain the name of the individual investigated without the written permission of that |
13 | individual. |
14 | (b) Before announcing a decision, the inspector general shall do all of the following: |
15 | (1) Consult with the agency and as appropriate, the employee or contractor regarding the |
16 | decision; |
17 | (2) Provide an opportunity for each person who is the subject of the decision to respond in |
18 | writing to the decision within five (5) business days and any response shall be made available to |
19 | the public when the decision is released. Provided, however, this does not allow an individual |
20 | consulted by the inspector general before an announcement to hinder, prevent, or delay the |
21 | inspector general's announcement of a decision. |
22 | (c) In the decision, the inspector general may recommend that the agency: |
23 | (1) Consider the matter further; |
24 | (2) Modify or cancel an action or practice; |
25 | (3) Alter a rule, practice, or decision; |
26 | (4) Explain in detail the administrative action in question; or |
27 | (5) Rectify an omission. |
28 | (6) The inspector general shall communicate his or her decision to the complainant, the |
29 | agency investigated, and as appropriate, the employee investigated, and the decision shall be posted |
30 | on the inspector general's website. |
31 | (d) Where the inspector general has discovered fraudulent acts and believes that civil |
32 | recovery proceedings may be appropriate, the matter shall be referred to the attorney general. |
33 | (1) The attorney general may, upon such referral, institute whatever proceedings it deems |
34 | appropriate, including referring the matter to another state or local agency, authorizing the initiation |
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1 | of appropriate civil proceedings by the inspector general, retaining the matter for further |
2 | investigation, or remanding the matter back to the inspector general for further investigation. |
3 | (2) If the attorney general declines to take action pursuant to this section, the inspector |
4 | general shall have the authority to institute a civil recovery action upon the authorization of the |
5 | attorney general. |
6 | (e) The public release of the inspector general's decision shall not contain information that |
7 | is confidential pursuant to this chapter or other applicable laws, including chapter 2 of title 38 |
8 | ("access to public records"). |
9 | 42-9.4-8. Access to agencies and records. |
10 | (a) Agencies shall cooperate with any investigation conducted pursuant to this chapter, and |
11 | the inspector general shall have reasonable access to an agency's records as necessary to conduct a |
12 | full investigation of a complaint including, but not limited to, the following: |
13 | (1) Access to records in the possession of a grantee or contractor; |
14 | (2) The opportunity to interview an employee or any other individual who may have |
15 | knowledge relating to the complaint under investigation. |
16 | (b) The inspector general may inspect and copy all relevant information, records, or |
17 | documents that the inspector general considers reasonably necessary in an investigation of a |
18 | complaint under this chapter. |
19 | (c) The inspector general is authorized to interview any official, officer, or employee |
20 | serving in the agency and may inspect and copy any book, record, paper, or electronic file in the |
21 | possession of the agency, taking care to preserve the confidentiality of the information, pursuant to |
22 | § 38-2-13 relating to access to public records. |
23 | (d) Any knowing failure of any official, officer, or employee to comply with an |
24 | investigation made pursuant to this chapter or the knowing provision of false information during |
25 | an investigation or the destruction or attempted destruction of any relevant materials may be subject |
26 | to criminal, civil, and/or administrative penalties. |
27 | 42-9.4-9. Oaths -- Subpoenas. |
28 | (a) In performing an investigation authorized by this chapter, the inspector general shall |
29 | have the authority to administer or take from any person an oath, examine witnesses under oath, |
30 | and issue any subpoenas necessary to compel the attendance of witnesses and the production of all |
31 | books, records, papers, electronic and tangible items that constitute or contain evidence which the |
32 | inspector general finds reasonably relevant or material to the investigation, affirmation, or affidavit, |
33 | whenever necessary to perform his or her duties. |
34 | (b) Service of any subpoena issued under this chapter shall be made by any designated |
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1 | person. Service upon a natural person may be made by personal delivery of the subpoena to that |
2 | person. Subpoenas may also be served upon a natural person by registered or certified mail and the |
3 | return receipt shall constitute prima facie proof of service. Service to a natural person may also be |
4 | made by serving as the person's counsel of record. Service may be made upon a domestic or foreign |
5 | corporation by delivering the subpoena to an officer, to a managing or general agent, or to any other |
6 | agent authorized by appointment or by law to receive service of process. A subpoena requiring the |
7 | attendance of a witness may be served at any place within the state and furthermore, process may |
8 | be served at any place within the state. |
9 | (c) In the case of a refusal to obey any issued subpoena, the inspector general may request |
10 | that the attorney general petition the superior court to compel compliance with the subpoena. The |
11 | attorney general may petition the court upon such request by the inspector general. |
12 | (d) Upon filing of the petition, the court may enter an order directing the individual to |
13 | appear before the court at a specified time and place and then and there show cause why they had |
14 | not attended, answered questions under penalty of perjury, or produced the requested items as |
15 | required by the subpoena. If it appears to the court that the subpoena was properly issued by the |
16 | inspector general, the court may enter an order that the person named in the subpoena appear at the |
17 | time and place fixed in the order and answer questions under penalty of perjury or produce the |
18 | requested items as required. Upon failure to obey the court order, the person may be subject to |
19 | contempt of court. |
20 | (e) Nothing in this section shall limit or alter a person's existing rights or protections under |
21 | state or federal law. |
22 | 42-9.4-10. Rules and regulations. |
23 | The office shall promulgate rules and regulations which shall govern its proceedings and |
24 | operation pursuant to chapter 35 of title 42 ("administrative procedures"). |
25 | 42-9.4-11. Confidentiality. |
26 | All investigative records, including communications that include the investigative record, |
27 | are confidential and exempt from public disclosure under chapter 2 of title 38 ("access to public |
28 | records"). |
29 | 42-9.4-12. Reporting requirements. |
30 | (a) The inspector general shall, no later than April 1 and every year thereafter, file a written |
31 | report summarizing the activities of the office for the prior calendar year. The office may also |
32 | prepare and file interim reports. These reports shall be forwarded to the governor, lieutenant |
33 | governor, attorney general, secretary of state, general treasurer, the speaker of the house, the |
34 | president of the senate and the auditor general, and shall be made available to the public. |
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1 | (b) The report shall include, but not be limited to: |
2 | (1) A description of investigations undertaken related to fraud, waste, abuse, or |
3 | mismanagement within agencies; |
4 | (2) A description of any recommendations for corrective action made by the office during |
5 | the reporting period with respect to significant deficiencies in the areas of fraud, waste, abuse or |
6 | mismanagement; |
7 | (3) The identification of each significant recommendation described in previous annual |
8 | reports on which corrective action has not been completed; |
9 | (4) A summary of matters referred to prosecuting authorities and the status of said referrals; |
10 | (5) A summary of matters concerning recovery of monies as a result of civil action |
11 | undertaken by the office or after a referral to the attorney general; and |
12 | (6) A list of all audit reports completed by the office during the reporting period. |
13 | (c) The report of the inspector general shall be made public on the day of the filing. Where |
14 | no official disposition has been made by the office, the attorney general, or other law enforcement |
15 | agencies, the report shall not list the names of individuals or corporations, nor describe them with |
16 | sufficient particularity as to readily identify them to the general public. |
17 | 42-9.4-13. Budget submission. |
18 | The inspector general shall comply with all budget submission requirements set forth in |
19 | chapter 3 of title 35 ("state budget"). |
20 | 42-9.4-14. Retaliation -- Whistleblower protections. |
21 | (a) No agency, officer, or official shall take action against an official, officer, or employee |
22 | for disclosing or threatening to disclose the existence of any activity constituting waste, fraud, |
23 | abuse, or mismanagement to the inspector general, unless the disclosure or threatened disclosure |
24 | was made with knowledge that the disclosure was false or was made with willful disregard for its |
25 | truth or falsity. |
26 | (b) Any report disclosed by the office may differ from the complete written report in that |
27 | the inspector general shall have the discretion to redact or otherwise protect the names of |
28 | complainants and witnesses, or other information that, if not redacted, might compromise the |
29 | identity of a complainant or witness. |
30 | (c) The provisions chapter 50 of title 28 ("the Rhode Island whistleblowers' protection act") |
31 | shall be afforded to persons including, but not limited to, employees, reporting information under |
32 | this chapter. |
33 | 42-9.4-15. Severability. |
34 | If any provision of this chapter or the application thereof to any individual or circumstance |
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1 | is held invalid, such invalidity shall not affect the other provisions or applications of this chapter, |
2 | which can be given effect without the invalid provision or application, and to this end the provisions |
3 | of this chapter are declared to be severable. |
4 | SECTION 2. This act shall take effect upon passage. |
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LC006482 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF INSPECTOR | |
GENERAL | |
*** | |
1 | This act would establish the office of inspector general to investigate the management and |
2 | operation of agencies in an effort to prevent and deter fraud, waste, abuse and mismanagement in |
3 | the expenditure of public funds. |
4 | This act would take effect upon passage. |
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LC006482 | |
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