2026 -- H 8562

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LC006482

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF INSPECTOR

GENERAL

     

     Introduced By: Representatives Blazejewski, Kazarian, Hull, Caldwell, Shanley, Lima,
Cotter, Spears, Azzinaro, and Nardone

     Date Introduced: May 19, 2026

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 9.4

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OFFICE OF INSPECTOR GENERAL

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     42-9.4-1. Purpose and establishment of office of the inspector general.

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     (a)(1) There is hereby established an office of the inspector general (the "office") that shall

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be an independent and nonpartisan administrative agency whose purpose shall be to investigate the

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management and operation of agencies as it relates to the prevention and detection of fraud, waste,

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abuse and mismanagement in the expenditure of public funds that harms the public interest.

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     (2) The jurisdiction, authorization, powers, and duties granted to the office pursuant to this

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chapter shall be in addition to, and not in contravention of, any and all jurisdiction, authorization,

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powers, and duties of the office of attorney general, any other state or local law enforcement

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agency, or the auditor general.

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     (3) The general assembly shall make adequate appropriations to the office of inspector

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general to enable effective operation and independence.

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     (b) The inspector general shall be appointed by the governor with the advice and consent

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of the senate in accordance with § 42-9.4-4 and shall direct and supervise the work of the office as

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follows:

 

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     (1) The inspector general shall establish the organizational structure appropriate to carry

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out the functions and duties of the office and shall have the power to employ, promote, and remove

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such deputies, assistants, employees, and personnel as deemed necessary for the efficient and

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effective administration of the office.

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     (2) The inspector general may hire the necessary support staff, and designate a deputy

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inspector general and other qualified staff with education or experience in relevant areas, such as

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investigations, evidence collection, audits, compliance with laws and other requirements, or other

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forms of oversight, enforcement, or government evaluation. Provided, further, the inspector general

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may contract for services of technical experts, including legal counsel.

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     (3) Within three (3) years after being hired, investigative staff employed by the office shall

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become certified by the Association of Inspectors General in at least one of the following fields:

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     (i) Investigation;

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     (ii) Auditing; or

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     (iii) Evaluation.

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     (c) Nothing in this chapter shall diminish, supersede, limit, or interfere with the statutory

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responsibilities and authority of the auditor general as provided in § 22-13-4.

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     (d) The director of administration is hereby authorized and directed to provide suitable

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quarters for the office of inspector general.

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     42-9.4-2. Definitions.

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     As used in this chapter:

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     (1) "Agency" means a separate agency or unit of state government created or established

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by law and includes, but is not limited to, the following entities and officers of any authority, board,

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branch, bureau, commission, committee, council, department, division, institution, office, public

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corporation, or quasi-agency as the case may be.

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     Agency shall not mean and shall not include: (i) The legislative branch of state government

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and any agency, committee, commission, or unit therein or thereof; or (ii) The judicial branch of

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state government and any agency, committee, commission, or unit therein or thereof.

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     (2) "Contractor" means any person, corporation, partnership, business, committee, or other

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organization entity or group of individuals, performing any tasks or duties as defined under a

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written or oral contract with an agency.

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     (3) "Employee" means any person employed by an agency, including agency heads,

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directors and commissioners.

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     (4) "Officer" means any person appointed to any agency.

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     (5) "Official" means any person elected to office within the executive branch of

 

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government.

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     (6) "Public funds" means state, federal or local funds, either appropriated, non-appropriated

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or given under right of grant.

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     42-9.4-3. Qualifications.

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     To be eligible to be appointed as an inspector general, a candidate shall have, at a minimum,

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the following qualifications:

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     (1) Hold a bachelor's degree or higher in criminal justice, public administration, law

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enforcement, accounting, or a related area;

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     (2) Have at least ten (10) years of professional experience in auditing, investigations, law

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enforcement, accounting, or a related area;

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     (3) Hold a professional certificate from the Association of Inspectors General, including

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Certified Inspector General or Certified Inspector General Investigator; and

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     (4) Demonstrate a commitment to safeguarding the mission of public service. Candidates

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must provide prior professional opinions, positions, or actions that may influence the candidate's

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approach to the role, which will be subject to public disclosure to the extent permitted under law.

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     42-9.4-4. Inspector general -- Appointment -- Removal.

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     (a) There is hereby established a five (5) member independent advisory commission

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comprised of the following individuals:

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     (1) Attorney general;

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     (2) General treasurer;

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     (3) Secretary of state;

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     (4) Executive director of the ethics commission; and

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     (5) President of the Association of Inspectors General, or designee.

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     (b) The commission shall immediately be charged with creating a process for the

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application, interview and selection of suitable and qualified candidates as follows:

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     (1) The commission shall consider applicants for the position of inspector general, in

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accordance with this chapter and without regard to political affiliation, on the basis of integrity,

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capability for strong leadership and demonstrated ability in accounting, auditing, financial analysis,

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law, public administration, investigations, criminal justice administration, or closely related fields.

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     (2) Within ninety (90) days of the effective date of this chapter, the commission shall

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submit to the governor a list of three (3) qualified candidates for inspector general that the governor

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shall give due consideration in appointing one individual from the list. Within ninety (90) days of

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receiving the list, the governor shall submit to the senate for advice and consent one individual for

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appointment as inspector general.

 

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     (3) Once confirmed by the senate, the inspector general shall serve for a term of five (5)

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years and is eligible for reappointment for a second five (5) year term, in accordance with this

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section.

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     (c) No inspector general may serve longer than two (2) five (5) year terms.

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     (d) The inspector general and employees shall be subject to chapter 14 of title 36 ("code of

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ethics").

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     (e) Upon a mid-term vacancy of the inspector general, an interim inspector general shall

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be appointed in accordance with this section.

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     (f) No inspector general, officer, or employee of the office of inspector general shall hold

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or be a candidate for any other elective or appointed public office while serving as inspector

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general.

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     (g) No inspector general, officer, or employee of the office of inspector general shall hold

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a position in any political party, committee, or subcommittee, or participate in any political

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campaign of any candidate for public office while serving as inspector general.

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     (h) Eligibility restriction. The following individuals shall not be nominated for inspector

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general until one year after the last day of the individual's holding of any of the following

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disqualifying positions:

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     (1) A member of the general assembly;

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     (2) Any other public office holder; or

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     (3) A cabinet secretary, a department director in the executive branch, or an individual of

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equivalent standing within the executive branch.

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     (i) Removal. The person so appointed as inspector general may be removed from office for

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cause by the governor prior to the expiration of his or her term. Cause may include substantial

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neglect of duty, gross misconduct or conviction of a crime, whether or not it is related to official

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work duties.

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     42-9.4-5. Jurisdiction -- Powers and duties.

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     (a) The inspector general shall have jurisdiction over any official, officer, employee, or

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agency in the executive branch of state government.

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     (b) The inspector general shall have the following duties:

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     (1) Investigate the management and operation of agencies to determine if there has been

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evidence of fraud, waste, abuse, mismanagement, or any other abuse of governmental resources

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that harms the public interest, whether through acts or omissions;

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     (2) Investigate retaliation claims regarding whistleblowers;

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     (3) Report suspected acts of fraud, waste, abuse or mismanagement against or within an

 

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agency to the governor and, as appropriate to other state entities with jurisdiction over the matter;

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     (4) Conduct special investigations and management reviews of agencies at the request of

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the governor;

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     (5) Establish procedures to receive, investigate, and resolve complaints, including

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recommending whether disciplinary action or further investigation by appropriate local, state, or

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federal agencies is warranted and taking further action as appropriate;

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     (6) Instruct and educate agencies on the detection and prevention of fraud, waste, abuse,

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and mismanagement; conduct evaluations of relevant agency policies and procedures implicated

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by any investigation and create a remedial action plan to prevent recurrences of fraud, waste, abuse,

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or mismanagement that harm the public interest; and close an investigation when the inspector

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general concludes there is insufficient evidence that a violation has occurred. Closure of any

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investigation by the inspector general shall not bar the reopening of the investigation should

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circumstances warrant;

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     (7) Act as a liaison to agencies to promote accountability, integrity, and efficiency in state

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government;

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     (8) Maintain a statewide-toll-free telephone number, website, email address, and physical

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mailing address for the receipt of complaints and inquiries;

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     (9) Work collaboratively, including through any memoranda of understanding, for the

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purposes of efficiency, coordination, and avoidance of duplicative work with the attorney general,

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local, state or federal law enforcement, the ethics commission, and the auditor general;

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     (10) Enter into contracts for audits or specialists needed to perform the duties outlined

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herein. Provided, further, the inspector general shall coordinate with the auditor general to ensure

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efficient utilization of available audit resources; and

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     (11) When formally requested by a municipal government through a city or town council

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resolution, the inspector general may accept a request from a municipality to investigate concerns

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regarding fraud, waste, abuse, or mismanagement of state or municipal government funds. All the

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powers, duties and procedures of the inspector general set forth in this chapter for investigation of

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agencies shall apply to any investigation related to a municipality.

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     42-9.4-6. Investigative procedures.

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     (a) The inspector general shall accept and may investigate complaints or information from

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any individual or entity concerning the possible existence of any activity constituting alleged fraud,

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waste, abuse, and mismanagement relating to any agency as defined herein.

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     (b) The inspector general shall not, after receipt of a complaint or information from an

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employee, contractor, or private citizen who requests confidentiality, disclose the identity of that

 

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individual, without the written consent of the individual, unless the inspector general determines

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such disclosure is necessary and unavoidable during the course of an investigation. In such event,

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the individual filing the complaint shall be notified immediately, if possible, of such disclosure

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which shall be in accordance with applicable law.

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     (c) The inspector general shall not investigate complaints from employees that relate to

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their employment relationship with the agency, unless the complaint is directly related to fraud,

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waste, abuse, or mismanagement or abuse of governmental resources that harms the public interest.

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     (d) The inspector general may decline to investigate a complaint as provided by the rules

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and regulations adopted pursuant to this chapter. If the inspector general declines to investigate a

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complaint, he or she shall notify the complainant of the decision not to investigate and the basis for

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that determination.

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     (e) The inspector general may refer a complaint under this chapter to the attorney general;

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local, state or federal law enforcement, the auditor general, or the ethics commission.

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     (f) The inspector general may not levy a fee for the submission or investigation of a

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complaint.

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     (g) The inspector general shall remain neutral and impartial and may not act as an advocate

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for the complainant or for the agency.

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     (h) The inspector general shall adhere to professional standards for initiating and

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conducting investigations, such as the Principles and Standards for Offices of Inspector General

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promulgated by the Association of Inspectors General. Additionally, the office of inspector general

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shall be a member of the Association of Inspectors General and participate in the peer review

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program of the association as part of the established quality control procedures adopted by the

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office.

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     42-9.4-7. Conclusion of investigation -- Report -- Decision.

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     (a) At the conclusion of the investigation of each complaint:

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     (1) Report. Upon the conclusion of an investigation that results in a finding of fraud, waste,

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abuse or mismanagement but prior to issuing a decision, the inspector general shall issue a report

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or letter to the agency subject to the investigation, the office of the governor, the attorney general,

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the speaker of the house of representatives, the president of the senate and shall release to the public

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any such report unless the public release of such report would compromise a pending criminal

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investigation noted in the report and known to the inspector general or otherwise be exempt from

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disclosure pursuant to chapter 2 of title 38 ("access to public records");

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     (i) The director of each agency may, within sixty (60) days of receipt of said report,

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comment upon any references to the agency contained within the report. The comment, if any, shall

 

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be forwarded to the governor, the attorney general, the speaker of the house of representatives, the

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president of the senate, and the office of inspector general.

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     (2) Decision. The inspector general shall issue a decision on the merits of the complaint,

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including his or her recommendations, and the decision shall be posted on the inspector general's

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website;

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     (i) Where the investigation finds that there has been or continues to be fraud, waste, abuse,

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mismanagement, or other abuse of governmental resources that harms the public interest or that

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there is evidence of a crime, the inspector general shall communicate its findings and decision to

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the attorney general, local, state or federal law enforcement, or the auditor general;

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     (ii) If the complaint is about an employee of an agency or a contractor and the investigation

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found no evidence of wrongdoing, the inspector general shall ensure that the public decision does

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not contain the name of the individual investigated without the written permission of that

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individual.

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     (b) Before announcing a decision, the inspector general shall do all of the following:

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     (1) Consult with the agency and as appropriate, the employee or contractor regarding the

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decision;

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     (2) Provide an opportunity for each person who is the subject of the decision to respond in

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writing to the decision within five (5) business days and any response shall be made available to

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the public when the decision is released. Provided, however, this does not allow an individual

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consulted by the inspector general before an announcement to hinder, prevent, or delay the

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inspector general's announcement of a decision.

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     (c) In the decision, the inspector general may recommend that the agency:

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     (1) Consider the matter further;

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     (2) Modify or cancel an action or practice;

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     (3) Alter a rule, practice, or decision;

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     (4) Explain in detail the administrative action in question; or

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     (5) Rectify an omission.

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     (6) The inspector general shall communicate his or her decision to the complainant, the

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agency investigated, and as appropriate, the employee investigated, and the decision shall be posted

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on the inspector general's website.

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     (d) Where the inspector general has discovered fraudulent acts and believes that civil

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recovery proceedings may be appropriate, the matter shall be referred to the attorney general.

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     (1) The attorney general may, upon such referral, institute whatever proceedings it deems

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appropriate, including referring the matter to another state or local agency, authorizing the initiation

 

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of appropriate civil proceedings by the inspector general, retaining the matter for further

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investigation, or remanding the matter back to the inspector general for further investigation.

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     (2) If the attorney general declines to take action pursuant to this section, the inspector

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general shall have the authority to institute a civil recovery action upon the authorization of the

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attorney general.

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     (e) The public release of the inspector general's decision shall not contain information that

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is confidential pursuant to this chapter or other applicable laws, including chapter 2 of title 38

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("access to public records").

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     42-9.4-8. Access to agencies and records.

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     (a) Agencies shall cooperate with any investigation conducted pursuant to this chapter, and

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the inspector general shall have reasonable access to an agency's records as necessary to conduct a

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full investigation of a complaint including, but not limited to, the following:

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     (1) Access to records in the possession of a grantee or contractor;

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     (2) The opportunity to interview an employee or any other individual who may have

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knowledge relating to the complaint under investigation.

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     (b) The inspector general may inspect and copy all relevant information, records, or

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documents that the inspector general considers reasonably necessary in an investigation of a

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complaint under this chapter.

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     (c) The inspector general is authorized to interview any official, officer, or employee

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serving in the agency and may inspect and copy any book, record, paper, or electronic file in the

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possession of the agency, taking care to preserve the confidentiality of the information, pursuant to

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§ 38-2-13 relating to access to public records.

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     (d) Any knowing failure of any official, officer, or employee to comply with an

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investigation made pursuant to this chapter or the knowing provision of false information during

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an investigation or the destruction or attempted destruction of any relevant materials may be subject

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to criminal, civil, and/or administrative penalties.

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     42-9.4-9. Oaths -- Subpoenas.

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     (a) In performing an investigation authorized by this chapter, the inspector general shall

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have the authority to administer or take from any person an oath, examine witnesses under oath,

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and issue any subpoenas necessary to compel the attendance of witnesses and the production of all

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books, records, papers, electronic and tangible items that constitute or contain evidence which the

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inspector general finds reasonably relevant or material to the investigation, affirmation, or affidavit,

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whenever necessary to perform his or her duties.

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     (b) Service of any subpoena issued under this chapter shall be made by any designated

 

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person. Service upon a natural person may be made by personal delivery of the subpoena to that

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person. Subpoenas may also be served upon a natural person by registered or certified mail and the

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return receipt shall constitute prima facie proof of service. Service to a natural person may also be

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made by serving as the person's counsel of record. Service may be made upon a domestic or foreign

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corporation by delivering the subpoena to an officer, to a managing or general agent, or to any other

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agent authorized by appointment or by law to receive service of process. A subpoena requiring the

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attendance of a witness may be served at any place within the state and furthermore, process may

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be served at any place within the state.

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     (c) In the case of a refusal to obey any issued subpoena, the inspector general may request

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that the attorney general petition the superior court to compel compliance with the subpoena. The

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attorney general may petition the court upon such request by the inspector general.

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     (d) Upon filing of the petition, the court may enter an order directing the individual to

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appear before the court at a specified time and place and then and there show cause why they had

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not attended, answered questions under penalty of perjury, or produced the requested items as

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required by the subpoena. If it appears to the court that the subpoena was properly issued by the

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inspector general, the court may enter an order that the person named in the subpoena appear at the

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time and place fixed in the order and answer questions under penalty of perjury or produce the

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requested items as required. Upon failure to obey the court order, the person may be subject to

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contempt of court.

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     (e) Nothing in this section shall limit or alter a person's existing rights or protections under

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state or federal law.

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     42-9.4-10. Rules and regulations.

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     The office shall promulgate rules and regulations which shall govern its proceedings and

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operation pursuant to chapter 35 of title 42 ("administrative procedures").

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     42-9.4-11. Confidentiality.

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     All investigative records, including communications that include the investigative record,

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are confidential and exempt from public disclosure under chapter 2 of title 38 ("access to public

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records").

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     42-9.4-12. Reporting requirements.

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     (a) The inspector general shall, no later than April 1 and every year thereafter, file a written

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report summarizing the activities of the office for the prior calendar year. The office may also

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prepare and file interim reports. These reports shall be forwarded to the governor, lieutenant

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governor, attorney general, secretary of state, general treasurer, the speaker of the house, the

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president of the senate and the auditor general, and shall be made available to the public.

 

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     (b) The report shall include, but not be limited to:

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     (1) A description of investigations undertaken related to fraud, waste, abuse, or

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mismanagement within agencies;

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     (2) A description of any recommendations for corrective action made by the office during

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the reporting period with respect to significant deficiencies in the areas of fraud, waste, abuse or

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mismanagement;

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     (3) The identification of each significant recommendation described in previous annual

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reports on which corrective action has not been completed;

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     (4) A summary of matters referred to prosecuting authorities and the status of said referrals;

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     (5) A summary of matters concerning recovery of monies as a result of civil action

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undertaken by the office or after a referral to the attorney general; and

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     (6) A list of all audit reports completed by the office during the reporting period.

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     (c) The report of the inspector general shall be made public on the day of the filing. Where

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no official disposition has been made by the office, the attorney general, or other law enforcement

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agencies, the report shall not list the names of individuals or corporations, nor describe them with

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sufficient particularity as to readily identify them to the general public.

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     42-9.4-13. Budget submission.

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     The inspector general shall comply with all budget submission requirements set forth in

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chapter 3 of title 35 ("state budget").

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     42-9.4-14. Retaliation -- Whistleblower protections.

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     (a) No agency, officer, or official shall take action against an official, officer, or employee

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for disclosing or threatening to disclose the existence of any activity constituting waste, fraud,

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abuse, or mismanagement to the inspector general, unless the disclosure or threatened disclosure

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was made with knowledge that the disclosure was false or was made with willful disregard for its

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truth or falsity.

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     (b) Any report disclosed by the office may differ from the complete written report in that

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the inspector general shall have the discretion to redact or otherwise protect the names of

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complainants and witnesses, or other information that, if not redacted, might compromise the

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identity of a complainant or witness.

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     (c) The provisions chapter 50 of title 28 ("the Rhode Island whistleblowers' protection act")

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shall be afforded to persons including, but not limited to, employees, reporting information under

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this chapter.

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     42-9.4-15. Severability.

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     If any provision of this chapter or the application thereof to any individual or circumstance

 

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is held invalid, such invalidity shall not affect the other provisions or applications of this chapter,

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which can be given effect without the invalid provision or application, and to this end the provisions

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of this chapter are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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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

***

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     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

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the expenditure of public funds.

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     This act would take effect upon passage.

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