1 | A bill to be entitled |
2 | An act relating to Broward County; providing a short |
3 | title; providing definitions; creating the Broward County |
4 | Office of Inspector General; providing functions, |
5 | authority, and powers of the Inspector General; providing |
6 | for qualifications, selection, contract, facilities, and |
7 | staff; providing for reporting and budgeting; providing |
8 | for removal; providing for funding; authorizing imposition |
9 | of a contract fee; providing applicability with respect to |
10 | the state attorney and United States Attorney for the |
11 | Southern District of Florida; providing for a code of |
12 | ethics for local governments within Broward County; |
13 | providing for amendment by special act; providing that the |
14 | act controls with respect to any conflict with the county |
15 | charter or any county ordinance; providing for referenda; |
16 | providing an effective date. |
17 |
|
18 | WHEREAS, various public officials throughout South Florida |
19 | have recently been charged with public corruption and the misuse |
20 | of office, and |
21 | WHEREAS, misconduct involving abuse, corruption, fraud, and |
22 | mismanagement by elected and appointed local government |
23 | officials and employees in Broward County agencies and |
24 | instrumentalities, and by contractors and other parties doing |
25 | business with Broward County and receiving local government |
26 | funds, undermines public confidence in local government and |
27 | prevents the local government in Broward County from operating |
28 | honestly, efficiently, and effectively, and |
29 | WHEREAS, it is critically important that elected and |
30 | appointed local government officials and employees within |
31 | Broward County discharge their duties and responsibilities in a |
32 | lawful and ethical manner and be held accountable for their |
33 | misconduct, inefficiency, and ineffectiveness, and |
34 | WHEREAS, imposing the duty on all elected and appointed |
35 | local government officials and employees to cooperate with and |
36 | report misconduct to the Inspector General will broaden and |
37 | strengthen the Inspector General's ability to detect, |
38 | investigate, eliminate, and deter misconduct by Broward County |
39 | officials and employees, vendors, and government-funded entities |
40 | and promote integrity, honesty, and efficiency in government, |
41 | NOW, THEREFORE, |
42 |
|
43 | Be 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 |
49 | Broward County. |
50 | (2) "County" means the Charter Government of Broward |
51 | County. |
52 | (3) "Inspector General" means the Broward County Office of |
53 | Inspector General created pursuant to this act. |
54 | (4) "Local government" or "Broward County local |
55 | government" means the Charter Government of Broward County, the |
56 | Broward County School Board or Broward County School District, |
57 | any municipality within Broward County, any constitutional |
58 | officer of Broward County, as provided in s. 1, Art. VIII of the |
59 | State Constitution, or any special district operating solely |
60 | within Broward County. |
61 | (5) "State attorney" means the State Attorney of the |
62 | Seventeenth Judicial Circuit in and for Broward County or any |
63 | elected or appointed successor or interim officers or special |
64 | prosecutors 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 |
67 | Broward County Office of Inspector General, which is created in |
68 | order to detect misconduct involving abuse, corruption, fraud, |
69 | waste, inefficiencies, and mismanagement by elected and |
70 | appointed local government officials and employees, local |
71 | government agencies and instrumentalities, and contractors and |
72 | other parties doing business with local governments or receiving |
73 | local government funds. The Inspector General shall head the |
74 | Office of Inspector General. The organization and administration |
75 | of the Office of Inspector General shall be independent to |
76 | ensure that no interference or influence external to the Office |
77 | of Inspector General adversely affects the independence and |
78 | objectivity of the Inspector General. |
79 | (2) FUNCTIONS, AUTHORITY, AND POWERS.- |
80 | (a) The Inspector General shall establish a form to |
81 | receive complaints from identified persons. The complaint form |
82 | shall require the person to verify the contents of the form by |
83 | including the following statement: "Under penalties of perjury, |
84 | I declare that I have read the foregoing document and that the |
85 | facts stated in it are true," followed by the signature of the |
86 | person making the declaration. The written declaration shall be |
87 | printed or typed at the end of or immediately below the document |
88 | being verified and above the signature of the person making the |
89 | declaration. The requirements of this paragraph must be |
90 | completed before the Inspector General begins his or her |
91 | investigation. |
92 | (b) Upon receipt of a complaint filed under paragraph (a), |
93 | the Inspector General may: |
94 | 1. Make investigations of local government matters and |
95 | publish the results of such investigations. |
96 | 2. Review and audit past, present, and proposed local |
97 | government programs, accounts, records, contracts, change |
98 | orders, and transactions. |
99 | 3. Prepare reports and recommendations to the local |
100 | government based on investigations. All elected and appointed |
101 | local government officials and employees, local government |
102 | agencies and instrumentalities, and contractors and other |
103 | parties doing business with the local government or receiving |
104 | local government funds shall fully cooperate with the Inspector |
105 | General. |
106 | (c) When a complaint is filed under paragraph (a) that |
107 | alleges a criminal violation, or in the scope of the |
108 | investigation the Inspector General suspects a criminal |
109 | violation has occurred, the Inspector General shall immediately |
110 | notify the appropriate enforcing agency before continuing his or |
111 | her investigation. |
112 | (d) The Inspector General may, upon receiving a complaint, |
113 | conduct audits of, require reports from, and receive full and |
114 | unrestricted access to the records of the local governments; all |
115 | elected and appointed local government officials and employees; |
116 | and local government departments, divisions, agencies, and |
117 | instrumentalities. The Inspector General may also conduct audits |
118 | of and review documents made or received by persons and entities |
119 | doing business with local governments or receiving local |
120 | government funds in conjunction with such transactions with |
121 | Broward County local governments. The Inspector General's |
122 | jurisdiction shall include, but is not limited to, all projects, |
123 | programs, contracts, or transactions that are funded in whole or |
124 | in part by Broward County local governments. The Inspector |
125 | General may contract with outside entities as deemed necessary |
126 | to perform the functions of that office. This paragraph does not |
127 | apply to collective bargaining agreements. |
128 | (e) In the case of a refusal to obey a request by the |
129 | Inspector General for documents or for an interview in |
130 | investigating a complaint, the Inspector General may subpoena |
131 | witnesses, administer oaths, and require the production of |
132 | records. Seventy-two hours before serving a subpoena, the |
133 | Inspector General must provide written notice to the state |
134 | attorney and the United States Attorney for the Southern |
135 | District of Florida. The Inspector General may not interfere |
136 | with any ongoing criminal investigation or prosecution of the |
137 | state attorney or the United States Attorney for the Southern |
138 | District of Florida. When the state attorney or the United |
139 | States Attorney for the Southern District of Florida has |
140 | explicitly notified the Inspector General in writing that the |
141 | Inspector General's investigation is interfering with an ongoing |
142 | criminal investigation or prosecution, the Inspector General |
143 | shall suspend service of subpoena, examination of witnesses, or |
144 | other investigative activities as set forth in the notice. In |
145 | the case of a refusal to obey a subpoena served to any person, |
146 | the Inspector General may make application to any circuit court |
147 | of this state, which shall have jurisdiction to order the |
148 | witness to appear before the Inspector General and to produce |
149 | evidence if so ordered or to give testimony concerning the |
150 | matter in question. This act does not abridge an individual's |
151 | rights under the Fifth Amendment to the United States |
152 | Constitution. |
153 | (f) The Inspector General may make a report or forward a |
154 | complaint related to a possible violation of any state, federal, |
155 | or local law or rule, regulation, or policy and shall notify the |
156 | appropriate civil, criminal, or administrative agencies charged |
157 | with enforcement of the violation. In the case of a possible |
158 | violation of a rule, regulation, or policy governing a local |
159 | government employee, the Inspector General shall also notify the |
160 | chief administrative officer of the local government for which |
161 | the employee works. After referring the matter to the |
162 | appropriate entity for fact finding, the Inspector General may |
163 | assist 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, |
166 | inspect, and review the operations, activities, performance, and |
167 | procurement processes, including, but not limited to, |
168 | establishment of bid specifications; bid submittals; activities |
169 | of the contractor and its officers, agents, and employees; |
170 | lobbyists; local government staff; and officials in order to |
171 | ensure compliance with contract specifications and detect |
172 | corruption and fraud. |
173 | (h) The Inspector General may receive, review, and |
174 | investigate any complaints under paragraph (a) regarding |
175 | projects, programs, contracts, or transactions funded by Broward |
176 | County local governments. |
177 | (i) The Inspector General may, upon the investigation of a |
178 | complaint, attend all duly noticed local government meetings |
179 | relating to the procurement of goods or services and may pose |
180 | questions and raise concerns consistent with the functions, |
181 | authority, and powers of the Inspector General. |
182 | (j) The Inspector General shall investigate complaints |
183 | received pursuant to section 112.3188(1), Florida Statutes, and |
184 | shall establish procedures to investigate such complaints. |
185 | (k) The Inspector General may recommend remedial actions |
186 | and may provide prevention and training services to local |
187 | government officials, employees, and any other persons covered |
188 | by this act. The Inspector General may follow up to determine |
189 | whether recommended remedial actions have been taken. |
190 | (l) The Inspector General shall establish policies and |
191 | procedures for investigations and monitor the costs of |
192 | investigations undertaken. The Inspector General shall cooperate |
193 | with other governmental agencies to recover such costs from |
194 | other entities involved in willful misconduct in regard to local |
195 | government funds. |
196 | (m) This subsection does not abridge an employee's |
197 | constitutional right to collective bargaining. |
198 | (3) REPORTS.-The Inspector General shall publish and |
199 | deliver finalized reports and recommendations to any affected |
200 | local government and to the offices represented on the Inspector |
201 | General Selection Committee. Notwithstanding any other provision |
202 | of this act, whenever the Inspector General determines that it |
203 | is appropriate to publish and deliver a report or recommendation |
204 | that contains findings as to the person or entity that is the |
205 | subject of the report or the person or entity that is the |
206 | subject of the recommendation, the Inspector General shall |
207 | provide the affected person or entity with a copy of the report |
208 | or recommendation. Such person or entity shall have 15 working |
209 | days to submit a written explanation or rebuttal of the findings |
210 | before the report or recommendation is finalized. Such timely |
211 | submitted written explanation or rebuttal shall be attached to |
212 | the finalized report or recommendation. This subsection does not |
213 | apply when the Inspector General, in conjunction with the state |
214 | attorney or the United States Attorney for the Southern District |
215 | of Florida, determines that supplying the affected person or |
216 | entity with such report will jeopardize a pending criminal |
217 | investigation. |
218 | (4) QUALIFICATIONS AND SELECTION.- |
219 | (a)1. The Inspector General shall be a person who has at |
220 | least 7 years of experience in any one or a combination of the |
221 | following: |
222 | a. As a federal, state, or local law enforcement officer |
223 | or official. |
224 | b. As a federal or state court judge. |
225 | c. As a federal, state, or local government attorney or |
226 | private attorney with experience in investigating fraud, |
227 | corruption, and violations of law. |
228 | d. As an inspector general, certified public accountant, |
229 | or internal auditor. |
230 | e. As a person with progressive supervisory and managerial |
231 | experience in an investigative public agency similar to an |
232 | inspector general's office. |
233 | f. As a person who has managed and completed complex |
234 | investigations involving allegations of fraud, theft, deception, |
235 | or conspiracy. |
236 | g. As a person who has demonstrated the ability to work |
237 | with local, state, and federal law enforcement agencies and the |
238 | judiciary. |
239 | h. As a person who has a 4-year degree from an accredited |
240 | institution of higher learning. |
241 | 2. A candidate for Inspector General shall also have |
242 | experience in the management of private business or a public |
243 | entity or subdivision thereof. |
244 | 3. A highly qualified candidate for Inspector General |
245 | shall also have audit-related skills or hold one or more of the |
246 | following professional certifications at the time of selection: |
247 | Certified Inspector General (CIG), Certified Inspector General |
248 | Investigator (CIGI), Certified Inspector General Auditor (CIGA), |
249 | Certified 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 |
253 | entity subject to the authority of the Office of Inspector |
254 | General during the 2-year period immediately preceding |
255 | selection. |
256 | b. Found guilty of, regardless of adjudication, or entered |
257 | a plea of nolo contendere to any felony, or misdemeanor |
258 | involving a breach of public trust, by any court of record in |
259 | the United States. |
260 | (b) Responsibility for selecting the Inspector General |
261 | shall be vested solely with the Inspector General Selection |
262 | Committee ("selection committee"), which shall meet periodically |
263 | to perform its duties required by this act subject to |
264 | government-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 |
268 | Legislative Delegation. |
269 | c. One person chosen by the Broward League of Cities. |
270 | d. The State Attorney for the Seventeenth Judicial |
271 | Circuit. |
272 | e. The Public Defender for the Seventeenth Judicial |
273 | Circuit. |
274 | f. The President of the Broward County Chiefs of Police |
275 | Association. |
276 | g. The Dean of Nova Southeastern Shepard Broad Law Center. |
277 |
|
278 | A person chosen pursuant to sub-subparagraph a., sub- |
279 | subparagraph b., or sub-subparagraph c. must not have been a |
280 | lobbyist, as defined by county ordinance or general law, for 2 |
281 | years preceding selection or be an elected or appointed official |
282 | or employee of any Broward County local government at the time |
283 | of selection. |
284 | 2. The chairperson of the selection committee shall be |
285 | selected by the members of the selection committee, and the |
286 | selection committee shall determine its own rules of procedure. |
287 | 3. After thoroughly reviewing qualifications, background |
288 | information, and personal and professional referrals, the |
289 | selection committee shall notify the County Attorney of Broward |
290 | County of its selection. The county attorney shall assist the |
291 | selected Inspector General as set forth in this section. |
292 | (c) Within 30 days after the effective date of this act, |
293 | the Human Resources Division of Broward County shall solicit |
294 | qualified candidates for the position of Inspector General. |
295 | Within 120 days after the effective date of this act, the |
296 | selection committee shall in good faith endeavor to select the |
297 | Inspector General. |
298 | (d) The Human Resources Division of Broward County shall |
299 | provide staff to the selection committee and as necessary shall |
300 | advertise the acceptance of resumes for the position of |
301 | Inspector General. All resumes received by the Human Resources |
302 | Division shall be forwarded to the selection committee for |
303 | consideration. The Human Resources Division shall identify |
304 | applicants who have not been found guilty of, regardless of |
305 | adjudication, or entered a plea of nolo contendere to any |
306 | felony, or misdemeanor involving a breach of public trust, by |
307 | any court of record in the United States. Under penalty of |
308 | perjury, all applicants shall attest to the accuracy of the |
309 | information requested to qualify for employment. All candidates |
310 | shall disclose all personal and business relationships with |
311 | Broward County local government. After the initial selection of |
312 | the Inspector General, the selection committee, for future |
313 | selection processes as described in paragraph (b), may continue |
314 | to employ the services of the Human Resources Division or may |
315 | use the Inspector General's staff to solicit candidates for the |
316 | position of Inspector General. All advertisements for the |
317 | acceptance of resumes for the position of Inspector General |
318 | shall include a salary range commensurate with public officials |
319 | of like experience and expertise. |
320 | (e) The Inspector General shall serve for a term of 4 |
321 | years. At least 6 months before the end of each contract term, |
322 | the selection committee shall determine whether to renew the |
323 | Inspector General's contract for an additional term of 4 years |
324 | and shall promptly notify the Inspector General of its decision. |
325 | If the selection committee elects not to renew the Inspector |
326 | General's contract, the selection committee shall promptly |
327 | convene as necessary to solicit candidates for the selection of |
328 | a new Inspector General in the same manner as described in |
329 | paragraph (b). The incumbent Inspector General may submit his or |
330 | her name as a candidate to be considered for selection. The |
331 | incumbent Inspector General shall serve until a successor is |
332 | selected and assumes office. |
333 | (f) If there is a vacancy in the position of Inspector |
334 | General, the chairperson of the selection committee may appoint |
335 | a member of the Inspector General's Office as interim Inspector |
336 | General within 10 days after the vacancy occurs until such time |
337 | as a successor Inspector General is selected and assumes office. |
338 | A successor Inspector General shall be selected in the same |
339 | manner as described in paragraph (b), except for the following |
340 | specific time constraints: |
341 | 1. Solicitation for qualified candidates for selection |
342 | should be published within 20 days, but must be published no |
343 | later than 40 days, after the date the vacancy occurs; and |
344 | 2. The selection committee must in good faith endeavor to |
345 | convene and select an Inspector General within 90 days after the |
346 | date the vacancy occurs. |
347 | (g) The selection committee, with the assistance of the |
348 | County Attorney of Broward County, shall negotiate a contract of |
349 | employment with the Inspector General substantially consistent |
350 | with the terms included in contracts of other contractual |
351 | employees of Broward County. The Inspector General shall be paid |
352 | at a rate commensurate with public officials of like experience |
353 | and expertise. Before the selection committee approves a |
354 | contract for the Inspector General, a public hearing on the |
355 | contract must be scheduled by the Board of County Commissioners |
356 | of Broward County. The contract shall cover the 4-year term, |
357 | subject to the removal provisions in subsection (5). The |
358 | contract shall include a provision that voids the contract if |
359 | the Office of Inspector General ceases to exist and a provision |
360 | requiring the selection committee to provide notice of its |
361 | decision to renew or not to renew the contract at least 6 months |
362 | before the termination of the contract. The contract shall |
363 | provide that the Inspector General may not represent a political |
364 | party, be on any executive committee of a political party, or |
365 | seek public office during his or her term of service or for 4 |
366 | years after the end of the term of service. The limitation in |
367 | this paragraph does not include seeking selection as Inspector |
368 | General for a subsequent term. The contract shall further |
369 | provide that the Inspector General may not be a lobbyist, as |
370 | defined in Broward County ordinances or general law, for 2 years |
371 | after the end of the term of service. The Office of Inspector |
372 | General and the Inspector General Selection Committee shall be |
373 | deemed a part of the Charter Government of Broward County and, |
374 | except as provided in this act, shall be subject to all |
375 | regularly enacted ordinances, rules, regulations, policies, and |
376 | procedures of Broward County. |
377 | (5) REMOVAL.-The Inspector General may be removed only for |
378 | cause based upon specified charges of the following: neglect of |
379 | duty, abuse of power or authority, discrimination, or ethical |
380 | misconduct. The removal process shall be initiated at a duly |
381 | noticed public hearing of the selection committee. An |
382 | affirmative vote of at least four members of the selection |
383 | committee is required to present the Inspector General with the |
384 | charges and to proceed to final public hearings. The selection |
385 | committee must transmit a copy of the charges to the Inspector |
386 | General at least 60 days before all final public hearings, which |
387 | shall be convened by the selection committee. The Inspector |
388 | General may be heard in person and by counsel at the final |
389 | public hearings before the votes being taken on his or her |
390 | removal. The Inspector General may be removed only upon the |
391 | affirmative vote of a majority of the members of the selection |
392 | committee. A record of the proceedings, together with the |
393 | charges and findings, shall be filed with the County |
394 | Administrator of Broward County. The Inspector General shall be |
395 | removed without a public hearing if the Inspector General is |
396 | convicted of or enters a plea of guilty or nolo contendere to a |
397 | state or federal felony. |
398 | (6) PHYSICAL FACILITIES AND STAFF.- |
399 | (a) The county shall provide the Office of Inspector |
400 | General with appropriately located office space and sufficient |
401 | physical facilities, together with necessary office supplies, |
402 | equipment, and furnishings, to enable the Inspector General to |
403 | perform his or her functions. |
404 | (b) The Inspector General shall have the power to appoint, |
405 | employ, and remove such assistants, employees, and personnel and |
406 | establish personnel procedures as deemed necessary for the |
407 | efficient and effective administration of the activities of the |
408 | Office of Inspector General. |
409 | (7) FUNDING.- |
410 | (a) Each Broward County local government is responsible |
411 | for the funding of the Office of Inspector General. Pursuant to |
412 | its annual budget process, the Board of County Commissioners of |
413 | Broward County shall provide sufficient financial support for |
414 | the Office of Inspector General to fulfill its duties as set |
415 | forth in this act. In order to ensure adequate funding for the |
416 | prompt establishment of the Office of Inspector General, the |
417 | Board of County Commissioners of Broward County shall approve an |
418 | amount equal to $200,000 to fund all Inspector General related |
419 | operations for the remainder of the 2010-2011 fiscal year. The |
420 | Inspector General shall timely deliver to the board of county |
421 | commissioners a budget, including a reasonable estimate of |
422 | operating and capital expenditures of the Office of Inspector |
423 | General, and shall include revenues, including, but not limited |
424 | to, projected Inspector General contract fee revenue, to be |
425 | collected from the county and any other participating local |
426 | governments and public agencies. The Inspector General's budget |
427 | may not be implemented until a public hearing is held by the |
428 | Board of County Commissioners of Broward County. The Inspector |
429 | General shall establish a fiscal year that coincides with that |
430 | of Broward County. This paragraph does not prohibit the |
431 | Inspector General from transmitting to the Board of County |
432 | Commissioners of Broward County supplemental budget requests, |
433 | which shall be scheduled for a public hearing and, if approved |
434 | by the commission, shall constitute amendments to the county |
435 | budget. |
436 | (b) To fund the Office of Inspector General, each local |
437 | government's share of the Inspector General's budget as set |
438 | forth in this section shall be calculated based on its |
439 | representative share of the countywide total of taxes levied by |
440 | all local governments in Broward County. |
441 | (c) To defray the costs of reviews, audits, inspections, |
442 | and investigations by the Inspector General, any local |
443 | government may enact by ordinance or resolution imposition of an |
444 | Inspector General contract fee, which shall be a maximum of 0.25 |
445 | percent of the contract price added to each local government |
446 | contract. |
447 | 1. The Inspector General contract fee does not apply to |
448 | the 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 |
|
454 | Notwithstanding this subparagraph, the local government may |
455 | authorize the inclusion of the Inspector General contract fee in |
456 | any contract to which the local government is a party. |
457 | 2. This paragraph does not limit the power of the |
458 | Inspector General under this act to perform audits, inspections, |
459 | reviews, and investigations on all local government contracts, |
460 | including, but not limited to, contracts specifically exempted |
461 | from the Inspector General contract fee. |
462 | 3. The Charter Government of Broward County shall provide |
463 | a procedure in which each local government shall remit the |
464 | Inspector General contract fees collected in order to fund the |
465 | Office of Inspector General. Full payment from each local |
466 | government must be made within 90 days after the enactment of |
467 | the budget of Broward County or any amendment to the budget of |
468 | Broward County representing funding for the Office of Inspector |
469 | General. |
470 | 4. The Inspector General contract fee may be used only to |
471 | fund the Office of Inspector General and shall be held in a |
472 | separate account by Broward County to be used only by the |
473 | Inspector General in succeeding years. The Inspector General |
474 | contract 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 |
477 | County shall establish by ordinance, and each independent |
478 | special district within Broward County, and the School Board or |
479 | School District of Broward County, shall establish by binding |
480 | resolution, a code of ethics regulating the behavior of elected |
481 | and appointed officials and employees of that local government. |
482 | Broward County and each municipality within the county shall |
483 | adopt a code of ethics that is binding on each district that is |
484 | dependent on the county or the municipality. |
485 | (2) To assist local governments in developing ethics |
486 | policies, the Inspector General shall develop a model policy |
487 | that shall be provided to local governments no later than May 1, |
488 | 2011. Any local government that has not established a code of |
489 | ethics by November 1, 2011, shall be bound by the model policy |
490 | until the time of such adoption. |
491 | Section 5. Amendment.-This act may be amended by special |
492 | act of the Legislature. |
493 | Section 6. Conflict.-Pursuant to s. 1(g), Art. VIII of the |
494 | State Constitution, any charter provision or ordinance of the |
495 | Charter Government of Broward County which creates an Office of |
496 | Inspector General or an officer or employees or agents that |
497 | function substantially the same as the Office of Inspector |
498 | General as provided in this act shall be deemed inconsistent |
499 | with this act. Any such office or officers, employees, or agents |
500 | created by the Charter Government of Broward County shall be |
501 | determined to be a part of the Office of Inspector General as |
502 | created in this act and subject to the direction of the |
503 | Inspector General created by this act along with all duties, |
504 | responsibilities, and requirements provided in this act. This |
505 | section does not apply to the Office of the County Auditor as |
506 | provided in Section 4.01 of the Charter of Broward County as it |
507 | exists on the effective date of this act. |
508 | Section 7. Referendum on continuation of the Office of |
509 | Inspector General.- |
510 | (1) The Board of County Commissioners of Broward County |
511 | shall schedule a referendum on continuation of the Office of |
512 | Inspector General to be held in conjunction with the general |
513 | election of November 2016 in accordance with the provisions of |
514 | law relating to elections currently in force. |
515 | (2) The item that shall appear on the ballot shall be as |
516 | follows: |
517 |
|
518 | Continuation of the Broward County Office of Inspector General |
519 |
|
520 | Shall the Broward County Office of Inspector General be |
521 | continued? The Inspector General detects misconduct involving |
522 | abuse, corruption, fraud, waste, inefficiencies, or |
523 | mismanagement by elected and appointed officers, employees, and |
524 | contractors of Broward County, including Broward County |
525 | constitutional officers, the Broward County School District, |
526 | municipalities, and special districts operating solely within |
527 | Broward County. |
528 |
|
529 | Yes |
530 | No |
531 |
|
532 | (3) This act shall expire and be of no force and effect on |
533 | the date after the general election of November 2016 unless the |
534 | ballot question placed on such ballot as provided in subsection |
535 | (2) is approved by vote of the qualified electors of Broward |
536 | County voting in that referendum. |
537 | Section 8. Ballot statement.-The Broward County Board of |
538 | County Commissioners shall schedule a referendum to be held in |
539 | conjunction with the general election of November 2010 in |
540 | accordance with the provisions of law relating to elections |
541 | currently in force. The item that shall appear on the ballot |
542 | shall be as follows: |
543 |
|
544 | Creation of the Broward County Office of Inspector General |
545 |
|
546 | Shall there be created the Broward County Office of Inspector |
547 | General, appointed by an independent selection committee and |
548 | funded by Broward County local governments to monitor each local |
549 | government's ethics code and to detect misconduct involving |
550 | abuse, corruption, fraud, waste, inefficiencies, or |
551 | mismanagement by elected and appointed officers, employees, and |
552 | contractors of Broward County, including Broward County |
553 | constitutional officers, the Broward County School District, |
554 | municipalities, and special districts operating solely within |
555 | Broward County? |
556 |
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557 | Yes |
558 | No |
559 |
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560 | Section 9. This act shall take effect only upon approval |
561 | by a majority of those qualified electors of Broward County |
562 | voting in a referendum to be held by the Board of County |
563 | Commissioners of Broward County in conjunction with the November |
564 | 2010 general election, except that this section and section 8 |
565 | shall take effect upon this act becoming a law. |