CS/HB 1425

1
A bill to be entitled
2An act relating to Broward County; providing a short
3title; providing definitions; creating the Broward County
4Office of Inspector General; providing functions,
5authority, and powers of the Inspector General; providing
6for qualifications, selection, contract, facilities, and
7staff; providing for reporting and budgeting; providing
8for removal; providing for funding; authorizing imposition
9of a contract fee; providing applicability with respect to
10the state attorney and United States Attorney for the
11Southern District of Florida; providing for a code of
12ethics for local governments within Broward County;
13providing for amendment by special act; providing that the
14act controls with respect to any conflict with the county
15charter or any county ordinance; providing for referenda;
16providing an effective date.
17
18     WHEREAS, various public officials throughout South Florida
19have recently been charged with public corruption and the misuse
20of office, and
21     WHEREAS, misconduct involving abuse, corruption, fraud, and
22mismanagement by elected and appointed local government
23officials and employees in Broward County agencies and
24instrumentalities, and by contractors and other parties doing
25business with Broward County and receiving local government
26funds, undermines public confidence in local government and
27prevents the local government in Broward County from operating
28honestly, efficiently, and effectively, and
29     WHEREAS, it is critically important that elected and
30appointed local government officials and employees within
31Broward County discharge their duties and responsibilities in a
32lawful and ethical manner and be held accountable for their
33misconduct, inefficiency, and ineffectiveness, and
34     WHEREAS, imposing the duty on all elected and appointed
35local government officials and employees to cooperate with and
36report misconduct to the Inspector General will broaden and
37strengthen the Inspector General's ability to detect,
38investigate, eliminate, and deter misconduct by Broward County
39officials and employees, vendors, and government-funded entities
40and promote integrity, honesty, and efficiency in government,
41NOW, THEREFORE,
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Short title.-This act may be cited as the
46"Broward County Office of Inspector General Act."
47     Section 2.  Definitions.-As used in this act, the term:
48     (1)  "Board" means the Board of County Commissioners of
49Broward County.
50     (2)  "County" means the Charter Government of Broward
51County.
52     (3)  "Inspector General" means the Broward County Office of
53Inspector General created pursuant to this act.
54     (4)  "Local government" or "Broward County local
55government" means the Charter Government of Broward County, the
56Broward County School Board or Broward County School District,
57any municipality within Broward County, any constitutional
58officer of Broward County, as provided in s. 1, Art. VIII of the
59State Constitution, or any special district operating solely
60within Broward County.
61     (5)  "State attorney" means the State Attorney of the
62Seventeenth Judicial Circuit in and for Broward County or any
63elected or appointed successor or interim officers or special
64prosecutors acting in the state attorney's stead.
65     Section 3.  Broward County Office of Inspector General.-
66     (1)  CREATED AND ESTABLISHED.-There is established the
67Broward County Office of Inspector General, which is created in
68order to detect misconduct involving abuse, corruption, fraud,
69waste, inefficiencies, and mismanagement by elected and
70appointed local government officials and employees, local
71government agencies and instrumentalities, and contractors and
72other parties doing business with local governments or receiving
73local government funds. The Inspector General shall head the
74Office of Inspector General. The organization and administration
75of the Office of Inspector General shall be independent to
76ensure that no interference or influence external to the Office
77of Inspector General adversely affects the independence and
78objectivity of the Inspector General.
79     (2)  FUNCTIONS, AUTHORITY, AND POWERS.-
80     (a)  The Inspector General shall establish a form to
81receive complaints from identified persons. The complaint form
82shall require the person to verify the contents of the form by
83including the following statement: "Under penalties of perjury,
84I declare that I have read the foregoing document and that the
85facts stated in it are true," followed by the signature of the
86person making the declaration. The written declaration shall be
87printed or typed at the end of or immediately below the document
88being verified and above the signature of the person making the
89declaration. The requirements of this paragraph must be
90completed before the Inspector General begins his or her
91investigation.
92     (b)  Upon receipt of a complaint filed under paragraph (a),
93the Inspector General may:
94     1.  Make investigations of local government matters and
95publish the results of such investigations.
96     2.  Review and audit past, present, and proposed local
97government programs, accounts, records, contracts, change
98orders, and transactions.
99     3.  Prepare reports and recommendations to the local
100government based on investigations. All elected and appointed
101local government officials and employees, local government
102agencies and instrumentalities, and contractors and other
103parties doing business with the local government or receiving
104local government funds shall fully cooperate with the Inspector
105General.
106     (c)  When a complaint is filed under paragraph (a) that
107alleges a criminal violation, or in the scope of the
108investigation the Inspector General suspects a criminal
109violation has occurred, the Inspector General shall immediately
110notify the appropriate enforcing agency before continuing his or
111her investigation.
112     (d)  The Inspector General may, upon receiving a complaint,
113conduct audits of, require reports from, and receive full and
114unrestricted access to the records of the local governments; all
115elected and appointed local government officials and employees;
116and local government departments, divisions, agencies, and
117instrumentalities. The Inspector General may also conduct audits
118of and review documents made or received by persons and entities
119doing business with local governments or receiving local
120government funds in conjunction with such transactions with
121Broward County local governments. The Inspector General's
122jurisdiction shall include, but is not limited to, all projects,
123programs, contracts, or transactions that are funded in whole or
124in part by Broward County local governments. The Inspector
125General may contract with outside entities as deemed necessary
126to perform the functions of that office. This paragraph does not
127apply to collective bargaining agreements.
128     (e)  In the case of a refusal to obey a request by the
129Inspector General for documents or for an interview in
130investigating a complaint, the Inspector General may subpoena
131witnesses, administer oaths, and require the production of
132records. Seventy-two hours before serving a subpoena, the
133Inspector General must provide written notice to the state
134attorney and the United States Attorney for the Southern
135District of Florida. The Inspector General may not interfere
136with any ongoing criminal investigation or prosecution of the
137state attorney or the United States Attorney for the Southern
138District of Florida. When the state attorney or the United
139States Attorney for the Southern District of Florida has
140explicitly notified the Inspector General in writing that the
141Inspector General's investigation is interfering with an ongoing
142criminal investigation or prosecution, the Inspector General
143shall suspend service of subpoena, examination of witnesses, or
144other investigative activities as set forth in the notice. In
145the case of a refusal to obey a subpoena served to any person,
146the Inspector General may make application to any circuit court
147of this state, which shall have jurisdiction to order the
148witness to appear before the Inspector General and to produce
149evidence if so ordered or to give testimony concerning the
150matter in question. This act does not abridge an individual's
151rights under the Fifth Amendment to the United States
152Constitution.
153     (f)  The Inspector General may make a report or forward a
154complaint related to a possible violation of any state, federal,
155or local law or rule, regulation, or policy and shall notify the
156appropriate civil, criminal, or administrative agencies charged
157with enforcement of the violation. In the case of a possible
158violation of a rule, regulation, or policy governing a local
159government employee, the Inspector General shall also notify the
160chief administrative officer of the local government for which
161the employee works. After referring the matter to the
162appropriate entity for fact finding, the Inspector General may
163assist the entity in conducting the investigation.
164     (g)  Upon the investigation of a complaint under paragraph
165(a), the Inspector General may audit, investigate, monitor,
166inspect, and review the operations, activities, performance, and
167procurement processes, including, but not limited to,
168establishment of bid specifications; bid submittals; activities
169of the contractor and its officers, agents, and employees;
170lobbyists; local government staff; and officials in order to
171ensure compliance with contract specifications and detect
172corruption and fraud.
173     (h)  The Inspector General may receive, review, and
174investigate any complaints under paragraph (a) regarding
175projects, programs, contracts, or transactions funded by Broward
176County local governments.
177     (i)  The Inspector General may, upon the investigation of a
178complaint, attend all duly noticed local government meetings
179relating to the procurement of goods or services and may pose
180questions and raise concerns consistent with the functions,
181authority, and powers of the Inspector General.
182     (j)  The Inspector General shall investigate complaints
183received pursuant to section 112.3188(1), Florida Statutes, and
184shall establish procedures to investigate such complaints.
185     (k)  The Inspector General may recommend remedial actions
186and may provide prevention and training services to local
187government officials, employees, and any other persons covered
188by this act. The Inspector General may follow up to determine
189whether recommended remedial actions have been taken.
190     (l)  The Inspector General shall establish policies and
191procedures for investigations and monitor the costs of
192investigations undertaken. The Inspector General shall cooperate
193with other governmental agencies to recover such costs from
194other entities involved in willful misconduct in regard to local
195government funds.
196     (m)  This subsection does not abridge an employee's
197constitutional right to collective bargaining.
198     (3)  REPORTS.-The Inspector General shall publish and
199deliver finalized reports and recommendations to any affected
200local government and to the offices represented on the Inspector
201General Selection Committee. Notwithstanding any other provision
202of this act, whenever the Inspector General determines that it
203is appropriate to publish and deliver a report or recommendation
204that contains findings as to the person or entity that is the
205subject of the report or the person or entity that is the
206subject of the recommendation, the Inspector General shall
207provide the affected person or entity with a copy of the report
208or recommendation. Such person or entity shall have 15 working
209days to submit a written explanation or rebuttal of the findings
210before the report or recommendation is finalized. Such timely
211submitted written explanation or rebuttal shall be attached to
212the finalized report or recommendation. This subsection does not
213apply when the Inspector General, in conjunction with the state
214attorney or the United States Attorney for the Southern District
215of Florida, determines that supplying the affected person or
216entity with such report will jeopardize a pending criminal
217investigation.
218     (4)  QUALIFICATIONS AND SELECTION.-
219     (a)1.  The Inspector General shall be a person who has at
220least 7 years of experience in any one or a combination of the
221following:
222     a.  As a federal, state, or local law enforcement officer
223or official.
224     b.  As a federal or state court judge.
225     c.  As a federal, state, or local government attorney or
226private attorney with experience in investigating fraud,
227corruption, and violations of law.
228     d.  As an inspector general, certified public accountant,
229or internal auditor.
230     e.  As a person with progressive supervisory and managerial
231experience in an investigative public agency similar to an
232inspector general's office.
233     f.  As a person who has managed and completed complex
234investigations involving allegations of fraud, theft, deception,
235or conspiracy.
236     g.  As a person who has demonstrated the ability to work
237with local, state, and federal law enforcement agencies and the
238judiciary.
239     h.  As a person who has a 4-year degree from an accredited
240institution of higher learning.
241     2.  A candidate for Inspector General shall also have
242experience in the management of private business or a public
243entity or subdivision thereof.
244     3.  A highly qualified candidate for Inspector General
245shall also have audit-related skills or hold one or more of the
246following professional certifications at the time of selection:
247Certified Inspector General (CIG), Certified Inspector General
248Investigator (CIGI), Certified Inspector General Auditor (CIGA),
249Certified Public Accountant (CPA), Certified Internal Auditor
250(CIA), or Certified Fraud Examiner (CFE).
251     4.  A candidate for Inspector General shall not have been:
252     a.  Employed by Broward County or any other governmental
253entity subject to the authority of the Office of Inspector
254General during the 2-year period immediately preceding
255selection.
256     b.  Found guilty of, regardless of adjudication, or entered
257a plea of nolo contendere to any felony, or misdemeanor
258involving a breach of public trust, by any court of record in
259the United States.
260     (b)  Responsibility for selecting the Inspector General
261shall be vested solely with the Inspector General Selection
262Committee ("selection committee"), which shall meet periodically
263to perform its duties required by this act subject to
264government-in-the-sunshine requirements.
265     1.  The selection committee shall be comprised of:
266     a.  One person chosen by the Mayor of Broward County.
267     b.  One person chosen by the chairperson of the Broward
268Legislative Delegation.
269     c.  One person chosen by the Broward League of Cities.
270     d.  The State Attorney for the Seventeenth Judicial
271Circuit.
272     e.  The Public Defender for the Seventeenth Judicial
273Circuit.
274     f.  The President of the Broward County Chiefs of Police
275Association.
276     g.  The Dean of Nova Southeastern Shepard Broad Law Center.
277
278A person chosen pursuant to sub-subparagraph a., sub-
279subparagraph b., or sub-subparagraph c. must not have been a
280lobbyist, as defined by county ordinance or general law, for 2
281years preceding selection or be an elected or appointed official
282or employee of any Broward County local government at the time
283of selection.
284     2.  The chairperson of the selection committee shall be
285selected by the members of the selection committee, and the
286selection committee shall determine its own rules of procedure.
287     3.  After thoroughly reviewing qualifications, background
288information, and personal and professional referrals, the
289selection committee shall notify the County Attorney of Broward
290County of its selection. The county attorney shall assist the
291selected Inspector General as set forth in this section.
292     (c)  Within 30 days after the effective date of this act,
293the Human Resources Division of Broward County shall solicit
294qualified candidates for the position of Inspector General.
295Within 120 days after the effective date of this act, the
296selection committee shall in good faith endeavor to select the
297Inspector General.
298     (d)  The Human Resources Division of Broward County shall
299provide staff to the selection committee and as necessary shall
300advertise the acceptance of resumes for the position of
301Inspector General. All resumes received by the Human Resources
302Division shall be forwarded to the selection committee for
303consideration. The Human Resources Division shall identify
304applicants who have not been found guilty of, regardless of
305adjudication, or entered a plea of nolo contendere to any
306felony, or misdemeanor involving a breach of public trust, by
307any court of record in the United States. Under penalty of
308perjury, all applicants shall attest to the accuracy of the
309information requested to qualify for employment. All candidates
310shall disclose all personal and business relationships with
311Broward County local government. After the initial selection of
312the Inspector General, the selection committee, for future
313selection processes as described in paragraph (b), may continue
314to employ the services of the Human Resources Division or may
315use the Inspector General's staff to solicit candidates for the
316position of Inspector General. All advertisements for the
317acceptance of resumes for the position of Inspector General
318shall include a salary range commensurate with public officials
319of like experience and expertise.
320     (e)  The Inspector General shall serve for a term of 4
321years. At least 6 months before the end of each contract term,
322the selection committee shall determine whether to renew the
323Inspector General's contract for an additional term of 4 years
324and shall promptly notify the Inspector General of its decision.
325If the selection committee elects not to renew the Inspector
326General's contract, the selection committee shall promptly
327convene as necessary to solicit candidates for the selection of
328a new Inspector General in the same manner as described in
329paragraph (b). The incumbent Inspector General may submit his or
330her name as a candidate to be considered for selection. The
331incumbent Inspector General shall serve until a successor is
332selected and assumes office.
333     (f)  If there is a vacancy in the position of Inspector
334General, the chairperson of the selection committee may appoint
335a member of the Inspector General's Office as interim Inspector
336General within 10 days after the vacancy occurs until such time
337as a successor Inspector General is selected and assumes office.
338A successor Inspector General shall be selected in the same
339manner as described in paragraph (b), except for the following
340specific time constraints:
341     1.  Solicitation for qualified candidates for selection
342should be published within 20 days, but must be published no
343later than 40 days, after the date the vacancy occurs; and
344     2.  The selection committee must in good faith endeavor to
345convene and select an Inspector General within 90 days after the
346date the vacancy occurs.
347     (g)  The selection committee, with the assistance of the
348County Attorney of Broward County, shall negotiate a contract of
349employment with the Inspector General substantially consistent
350with the terms included in contracts of other contractual
351employees of Broward County. The Inspector General shall be paid
352at a rate commensurate with public officials of like experience
353and expertise. Before the selection committee approves a
354contract for the Inspector General, a public hearing on the
355contract must be scheduled by the Board of County Commissioners
356of Broward County. The contract shall cover the 4-year term,
357subject to the removal provisions in subsection (5). The
358contract shall include a provision that voids the contract if
359the Office of Inspector General ceases to exist and a provision
360requiring the selection committee to provide notice of its
361decision to renew or not to renew the contract at least 6 months
362before the termination of the contract. The contract shall
363provide that the Inspector General may not represent a political
364party, be on any executive committee of a political party, or
365seek public office during his or her term of service or for 4
366years after the end of the term of service. The limitation in
367this paragraph does not include seeking selection as Inspector
368General for a subsequent term. The contract shall further
369provide that the Inspector General may not be a lobbyist, as
370defined in Broward County ordinances or general law, for 2 years
371after the end of the term of service. The Office of Inspector
372General and the Inspector General Selection Committee shall be
373deemed a part of the Charter Government of Broward County and,
374except as provided in this act, shall be subject to all
375regularly enacted ordinances, rules, regulations, policies, and
376procedures of Broward County.
377     (5)  REMOVAL.-The Inspector General may be removed only for
378cause based upon specified charges of the following: neglect of
379duty, abuse of power or authority, discrimination, or ethical
380misconduct. The removal process shall be initiated at a duly
381noticed public hearing of the selection committee. An
382affirmative vote of at least four members of the selection
383committee is required to present the Inspector General with the
384charges and to proceed to final public hearings. The selection
385committee must transmit a copy of the charges to the Inspector
386General at least 60 days before all final public hearings, which
387shall be convened by the selection committee. The Inspector
388General may be heard in person and by counsel at the final
389public hearings before the votes being taken on his or her
390removal. The Inspector General may be removed only upon the
391affirmative vote of a majority of the members of the selection
392committee. A record of the proceedings, together with the
393charges and findings, shall be filed with the County
394Administrator of Broward County. The Inspector General shall be
395removed without a public hearing if the Inspector General is
396convicted of or enters a plea of guilty or nolo contendere to a
397state or federal felony.
398     (6)  PHYSICAL FACILITIES AND STAFF.-
399     (a)  The county shall provide the Office of Inspector
400General with appropriately located office space and sufficient
401physical facilities, together with necessary office supplies,
402equipment, and furnishings, to enable the Inspector General to
403perform his or her functions.
404     (b)  The Inspector General shall have the power to appoint,
405employ, and remove such assistants, employees, and personnel and
406establish personnel procedures as deemed necessary for the
407efficient and effective administration of the activities of the
408Office of Inspector General.
409     (7)  FUNDING.-
410     (a)  Each Broward County local government is responsible
411for the funding of the Office of Inspector General. Pursuant to
412its annual budget process, the Board of County Commissioners of
413Broward County shall provide sufficient financial support for
414the Office of Inspector General to fulfill its duties as set
415forth in this act. In order to ensure adequate funding for the
416prompt establishment of the Office of Inspector General, the
417Board of County Commissioners of Broward County shall approve an
418amount equal to $200,000 to fund all Inspector General related
419operations for the remainder of the 2010-2011 fiscal year. The
420Inspector General shall timely deliver to the board of county
421commissioners a budget, including a reasonable estimate of
422operating and capital expenditures of the Office of Inspector
423General, and shall include revenues, including, but not limited
424to, projected Inspector General contract fee revenue, to be
425collected from the county and any other participating local
426governments and public agencies. The Inspector General's budget
427may not be implemented until a public hearing is held by the
428Board of County Commissioners of Broward County. The Inspector
429General shall establish a fiscal year that coincides with that
430of Broward County. This paragraph does not prohibit the
431Inspector General from transmitting to the Board of County
432Commissioners of Broward County supplemental budget requests,
433which shall be scheduled for a public hearing and, if approved
434by the commission, shall constitute amendments to the county
435budget.
436     (b)  To fund the Office of Inspector General, each local
437government's share of the Inspector General's budget as set
438forth in this section shall be calculated based on its
439representative share of the countywide total of taxes levied by
440all local governments in Broward County.
441     (c)  To defray the costs of reviews, audits, inspections,
442and investigations by the Inspector General, any local
443government may enact by ordinance or resolution imposition of an
444Inspector General contract fee, which shall be a maximum of 0.25
445percent of the contract price added to each local government
446contract.
447     1.  The Inspector General contract fee does not apply to
448the following local government contracts, grants, or agreements:
449     a.  Contracts for legal services.
450     b.  Auditing contracts.
451     c.  Grants funded by federal, state, or local government.
452     d.  Interlocal agreements.
453
454Notwithstanding this subparagraph, the local government may
455authorize the inclusion of the Inspector General contract fee in
456any contract to which the local government is a party.
457     2.  This paragraph does not limit the power of the
458Inspector General under this act to perform audits, inspections,
459reviews, and investigations on all local government contracts,
460including, but not limited to, contracts specifically exempted
461from the Inspector General contract fee.
462     3.  The Charter Government of Broward County shall provide
463a procedure in which each local government shall remit the
464Inspector General contract fees collected in order to fund the
465Office of Inspector General. Full payment from each local
466government must be made within 90 days after the enactment of
467the budget of Broward County or any amendment to the budget of
468Broward County representing funding for the Office of Inspector
469General.
470     4.  The Inspector General contract fee may be used only to
471fund the Office of Inspector General and shall be held in a
472separate account by Broward County to be used only by the
473Inspector General in succeeding years. The Inspector General
474contract fee may not be used for any other purpose.
475     Section 4.  Code of ethics and ordinance violations.-
476     (1)  Broward County and each municipality within Broward
477County shall establish by ordinance, and each independent
478special district within Broward County, and the School Board or
479School District of Broward County, shall establish by binding
480resolution, a code of ethics regulating the behavior of elected
481and appointed officials and employees of that local government.
482Broward County and each municipality within the county shall
483adopt a code of ethics that is binding on each district that is
484dependent on the county or the municipality.
485     (2)  To assist local governments in developing ethics
486policies, the Inspector General shall develop a model policy
487that shall be provided to local governments no later than May 1,
4882011. Any local government that has not established a code of
489ethics by November 1, 2011, shall be bound by the model policy
490until the time of such adoption.
491     Section 5.  Amendment.-This act may be amended by special
492act of the Legislature.
493     Section 6.  Conflict.-Pursuant to s. 1(g), Art. VIII of the
494State Constitution, any charter provision or ordinance of the
495Charter Government of Broward County which creates an Office of
496Inspector General or an officer or employees or agents that
497function substantially the same as the Office of Inspector
498General as provided in this act shall be deemed inconsistent
499with this act. Any such office or officers, employees, or agents
500created by the Charter Government of Broward County shall be
501determined to be a part of the Office of Inspector General as
502created in this act and subject to the direction of the
503Inspector General created by this act along with all duties,
504responsibilities, and requirements provided in this act. This
505section does not apply to the Office of the County Auditor as
506provided in Section 4.01 of the Charter of Broward County as it
507exists on the effective date of this act.
508     Section 7.  Referendum on continuation of the Office of
509Inspector General.-
510     (1)  The Board of County Commissioners of Broward County
511shall schedule a referendum on continuation of the Office of
512Inspector General to be held in conjunction with the general
513election of November 2016 in accordance with the provisions of
514law relating to elections currently in force.
515     (2)  The item that shall appear on the ballot shall be as
516follows:
517
518Continuation of the Broward County Office of Inspector General
519
520Shall the Broward County Office of Inspector General be
521continued? The Inspector General detects misconduct involving
522abuse, corruption, fraud, waste, inefficiencies, or
523mismanagement by elected and appointed officers, employees, and
524contractors of Broward County, including Broward County
525constitutional officers, the Broward County School District,
526municipalities, and special districts operating solely within
527Broward County.
528
529Yes     
530No     
531
532     (3)  This act shall expire and be of no force and effect on
533the date after the general election of November 2016 unless the
534ballot question placed on such ballot as provided in subsection
535(2) is approved by vote of the qualified electors of Broward
536County voting in that referendum.
537     Section 8.  Ballot statement.-The Broward County Board of
538County Commissioners shall schedule a referendum to be held in
539conjunction with the general election of November 2010 in
540accordance with the provisions of law relating to elections
541currently in force. The item that shall appear on the ballot
542shall be as follows:
543
544Creation of the Broward County Office of Inspector General
545
546Shall there be created the Broward County Office of Inspector
547General, appointed by an independent selection committee and
548funded by Broward County local governments to monitor each local
549government's ethics code and to detect misconduct involving
550abuse, corruption, fraud, waste, inefficiencies, or
551mismanagement by elected and appointed officers, employees, and
552contractors of Broward County, including Broward County
553constitutional officers, the Broward County School District,
554municipalities, and special districts operating solely within
555Broward County?
556
557Yes     
558No     
559
560     Section 9.  This act shall take effect only upon approval
561by a majority of those qualified electors of Broward County
562voting in a referendum to be held by the Board of County
563Commissioners of Broward County in conjunction with the November
5642010 general election, except that this section and section 8
565shall take effect upon this act becoming a law.


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