PRINTER'S NO. 721
No. 677 Session of 1989
INTRODUCED BY CORMAN, BELL, O'PAKE, HELFRICK, RHOADES AND
AFFLERBACH, MARCH 13, 1989
REFERRED TO STATE GOVERNMENT, MARCH 13, 1989
AN ACT
1 Establishing by law an administrative investigative office under
2 the Governor known as the Office of Inspector General for the
3 Commonwealth of Pennsylvania; imposing powers and duties on
4 the Inspector General; and extending the jurisdiction of the
5 Inspector General to the Pennsylvania Turnpike Commission,
6 the Liquor Control Board and the Public Utility Commission.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Commonwealth
11 Inspector General Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Executive agency." The Governor and the departments,
17 boards, commissions, authorities and other officers and agencies
18 of the Commonwealth government, including the Pennsylvania
19 Turnpike Commission, the Pennsylvania Liquor Control Board and
1 the Public Utility Commission. The term does not include a court
2 or another officer or agency of the unified judicial system, the
3 General Assembly and its officers and agencies, the Office of
4 Attorney General, the State Treasurer, the Department of the
5 Auditor General, the Pennsylvania Fish Commission, the
6 Pennsylvania Game Commission, the State Civil Service
7 Commission, the Milk Marketing Board, the Pennsylvania Higher
8 Education Assistance Agency, the Pennsylvania Crime Commission,
9 or the State Ethics Commission.
10 Section 3. Office of Inspector General.
11 (a) Establishment.--The Office of Inspector General is
12 established as an administrative investigative office under the
13 Governor.
14 (b) Appointment.--The Governor, with the consent of a
15 majority of the members of the Senate, shall appoint an
16 Inspector General for the executive agencies. The Inspector
17 General shall serve at the pleasure of the Governor.
18 (c) Compensation.--The compensation of the Inspector General
19 shall be fixed by the Executive Board.
20 Section 4. Purposes.
21 The purposes of the Office of Inspector General are as
22 follows:
23 (1) To deter, detect, prevent and eradicate fraud,
24 waste, misconduct and abuse in the programs, operations and
25 contracting of executive agencies.
26 (2) To provide a means for keeping the heads of
27 executive agencies and the Governor fully and currently
28 informed about problems and deficiencies relating to the
29 administration of programs, contracting and operations and
30 the necessity for and progress of corrective action.
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1 Section 5. Powers and duties.
2 The powers and duties of the Office of Inspector General are
3 as follows:
4 (1) To initiate, supervise, coordinate and provide
5 policy direction for investigative activities relating to
6 fraud, waste, misconduct or abuse in programs and operations
7 of the executive agencies.
8 (2) To recommend policies for, and to conduct, supervise
9 or coordinate, activities designed to deter, detect, prevent
10 and eradicate fraud, waste, misconduct and abuse in executive
11 agencies.
12 (3) To report expeditiously to the Attorney General
13 whenever the Inspector General has reasonable grounds to
14 believe there has been a violation of criminal law, and to
15 work and cooperate fully with the Attorney General.
16 (4) To refer matters to the heads of executive agencies
17 whenever the Inspector General determines that disciplinary
18 or other administrative action is appropriate.
19 Section 6. Additional powers.
20 In addition to the authority otherwise provided in this act,
21 the Inspector General, in carrying out powers and duties is
22 authorized:
23 (1) To have access to records, reports, audits, reviews,
24 documents, papers, recommendations or other material
25 available to the agency to the extent that the materials are
26 not restricted by law.
27 (2) To make the investigations and reports relating to
28 the administration of the programs and operations of the
29 applicable establishment as are, in the judgment of the
30 Inspector General, necessary or desirable. If the Inspector
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1 General determines a report should be issued, the Inspector
2 General shall consult with the Attorney General prior to
3 issuance of a report to insure against an adverse impact on
4 the grand jury proceedings and prosecutions conducted by the
5 Office of the Attorney General.
6 (3) To request the information or assistance, as
7 necessary for carrying out the powers and duties provided by
8 this section, from a Federal, State or local government
9 agency.
10 (4) To require by written notice the production of
11 information, documents, reports, answers, records, accounts,
12 papers and other necessary data and documentary evidence not
13 otherwise restricted.
14 (5) To have direct and prompt access to the heads of
15 executive agencies, when necessary, for a purpose pertaining
16 to the performance of powers and duties under this section.
17 (6) To select, appoint and employ officers and employees
18 as may be necessary for carrying out the powers and duties of
19 the office. The officers and employees shall be employed in
20 accordance with current procedures of the Office of
21 Administration and may be assigned by the Inspector General
22 to designated executive agencies.
23 Section 7. Reports of nonassistance.
24 If information or assistance requested is, in the judgment of
25 the Inspector General, unreasonably refused or not provided, the
26 Inspector General shall report the circumstances to the
27 Governor, the Attorney General and the head of the executive
28 agency without delay.
29 Section 8. Employee reports.
30 (a) General rule.--The Inspector General may receive and
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1 investigate complaints or information from an employee of an
2 executive agency concerning the possible existence of an
3 activity constituting a violation of law or regulations,
4 mismanagement, gross waste of funds, abuse of authority or
5 substantial and specific danger to the public health and safety.
6 (b) Employee protection.--An employee who has authority to
7 take, direct others to take, recommend or approve a personnel
8 action may not, with respect to that authority, take or threaten
9 to take an action against an employee as a reprisal for making a
10 complaint or disclosing information to the Inspector General
11 unless the complaint was made or the information disclosed was
12 with the knowledge that it was false or with willful disregard
13 for its truth or falsity. The protections in this subsection for
14 employees who report, in good faith, fraud, waste, misconduct,
15 malfeasance, misfeasance, nonfeasance or abuse are in addition
16 and supplementary to protection provided by the act of December
17 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law.
18 Section 9. Effective date.
19 This act shall take effect in 60 days.
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