| 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 |
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| 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 |
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| 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 chairperson of the Broward |
| 270 | County School Board. |
| 271 | d. One person chosen by the Broward League of Cities. |
| 272 | e. The State Attorney for the Seventeenth Judicial |
| 273 | Circuit. |
| 274 | f. The Public Defender for the Seventeenth Judicial |
| 275 | Circuit. |
| 276 | g. The President of the Broward County Chiefs of Police |
| 277 | Association. |
| 278 |
|
| 279 | A person chosen pursuant to sub-subparagraph a., sub- |
| 280 | subparagraph b., sub-subparagraph c., or sub-subparagraph d. |
| 281 | must not have been a lobbyist, as defined by county ordinance or |
| 282 | general law, for 2 years preceding selection or be an elected or |
| 283 | appointed official or employee of any Broward County local |
| 284 | government at the time of selection. |
| 285 | 2. The chairperson of the selection committee shall be |
| 286 | selected by the members of the selection committee, and the |
| 287 | selection committee shall determine its own rules of procedure. |
| 288 | 3. After thoroughly reviewing qualifications, background |
| 289 | information, and personal and professional referrals, the |
| 290 | selection committee shall notify the County Attorney of Broward |
| 291 | County of its selection. The county attorney shall assist the |
| 292 | selected Inspector General as set forth in this section. |
| 293 | (c) Within 30 days after the effective date of this act, |
| 294 | the Human Resources Division of Broward County shall solicit |
| 295 | qualified candidates for the position of Inspector General. |
| 296 | Within 120 days after the effective date of this act, the |
| 297 | selection committee shall in good faith endeavor to select the |
| 298 | Inspector General. |
| 299 | (d) The Human Resources Division of Broward County shall |
| 300 | provide staff to the selection committee and as necessary shall |
| 301 | advertise the acceptance of resumes for the position of |
| 302 | Inspector General. All resumes received by the Human Resources |
| 303 | Division shall be forwarded to the selection committee for |
| 304 | consideration. The Human Resources Division shall identify |
| 305 | applicants who have not been found guilty of, regardless of |
| 306 | adjudication, or entered a plea of nolo contendere to any |
| 307 | felony, or misdemeanor involving a breach of public trust, by |
| 308 | any court of record in the United States. Under penalty of |
| 309 | perjury, all applicants shall attest to the accuracy of the |
| 310 | information requested to qualify for employment. All candidates |
| 311 | shall disclose all personal and business relationships with |
| 312 | Broward County local government. After the initial selection of |
| 313 | the Inspector General, the selection committee, for future |
| 314 | selection processes as described in paragraph (b), may continue |
| 315 | to employ the services of the Human Resources Division or may |
| 316 | use the Inspector General's staff to solicit candidates for the |
| 317 | position of Inspector General. All advertisements for the |
| 318 | acceptance of resumes for the position of Inspector General |
| 319 | shall include a salary range commensurate with public officials |
| 320 | of like experience and expertise. |
| 321 | (e) The Inspector General shall serve for a term of 4 |
| 322 | years. At least 6 months before the end of each contract term, |
| 323 | the selection committee shall determine whether to renew the |
| 324 | Inspector General's contract for an additional term of 4 years |
| 325 | and shall promptly notify the Inspector General of its decision. |
| 326 | If the selection committee elects not to renew the Inspector |
| 327 | General's contract, the selection committee shall promptly |
| 328 | convene as necessary to solicit candidates for the selection of |
| 329 | a new Inspector General in the same manner as described in |
| 330 | paragraph (b). The incumbent Inspector General may submit his or |
| 331 | her name as a candidate to be considered for selection. The |
| 332 | incumbent Inspector General shall serve until a successor is |
| 333 | selected and assumes office. |
| 334 | (f) If there is a vacancy in the position of Inspector |
| 335 | General, the chairperson of the selection committee may appoint |
| 336 | a member of the Inspector General's Office as interim Inspector |
| 337 | General within 10 days after the vacancy occurs until such time |
| 338 | as a successor Inspector General is selected and assumes office. |
| 339 | A successor Inspector General shall be selected in the same |
| 340 | manner as described in paragraph (b), except for the following |
| 341 | specific time constraints: |
| 342 | 1. Solicitation for qualified candidates for selection |
| 343 | should be published within 20 days, but must be published no |
| 344 | later than 40 days, after the date the vacancy occurs; and |
| 345 | 2. The selection committee must in good faith endeavor to |
| 346 | convene and select an Inspector General within 90 days after the |
| 347 | date the vacancy occurs. |
| 348 | (g) The selection committee, with the assistance of the |
| 349 | County Attorney of Broward County, shall negotiate a contract of |
| 350 | employment with the Inspector General substantially consistent |
| 351 | with the terms included in contracts of other contractual |
| 352 | employees of Broward County. The Inspector General shall be paid |
| 353 | at a rate commensurate with public officials of like experience |
| 354 | and expertise. Before the selection committee approves a |
| 355 | contract for the Inspector General, a public hearing on the |
| 356 | contract must be scheduled by the Board of County Commissioners |
| 357 | of Broward County. The contract shall cover the 4-year term, |
| 358 | subject to the removal provisions in subsection (5). The |
| 359 | contract shall include a provision that voids the contract if |
| 360 | the Office of Inspector General ceases to exist and a provision |
| 361 | requiring the selection committee to provide notice of its |
| 362 | decision to renew or not to renew the contract at least 6 months |
| 363 | before the termination of the contract. The contract shall |
| 364 | provide that the Inspector General may not represent a political |
| 365 | party, be on any executive committee of a political party, or |
| 366 | seek public office during his or her term of service or for 4 |
| 367 | years after the end of the term of service. The limitation in |
| 368 | this paragraph does not include seeking selection as Inspector |
| 369 | General for a subsequent term. The contract shall further |
| 370 | provide that the Inspector General may not be a lobbyist, as |
| 371 | defined in Broward County ordinances or general law, for 2 years |
| 372 | after the end of the term of service. The Office of Inspector |
| 373 | General and the Inspector General Selection Committee shall be |
| 374 | deemed a part of the Charter Government of Broward County and, |
| 375 | except as provided in this act, shall be subject to all |
| 376 | regularly enacted ordinances, rules, regulations, policies, and |
| 377 | procedures of Broward County. |
| 378 | (5) REMOVAL.-The Inspector General may be removed only for |
| 379 | cause based upon specified charges of the following: neglect of |
| 380 | duty, abuse of power or authority, discrimination, or ethical |
| 381 | misconduct. The removal process shall be initiated at a duly |
| 382 | noticed public hearing of the selection committee. An |
| 383 | affirmative vote of at least four members of the selection |
| 384 | committee is required to present the Inspector General with the |
| 385 | charges and to proceed to final public hearings. The selection |
| 386 | committee must transmit a copy of the charges to the Inspector |
| 387 | General at least 60 days before all final public hearings, which |
| 388 | shall be convened by the selection committee. The Inspector |
| 389 | General may be heard in person and by counsel at the final |
| 390 | public hearings before the votes being taken on his or her |
| 391 | removal. The Inspector General may be removed only upon the |
| 392 | affirmative vote of a majority of the members of the selection |
| 393 | committee. A record of the proceedings, together with the |
| 394 | charges and findings, shall be filed with the County |
| 395 | Administrator of Broward County. The Inspector General shall be |
| 396 | removed without a public hearing if the Inspector General is |
| 397 | convicted of or enters a plea of guilty or nolo contendere to a |
| 398 | state or federal felony. |
| 399 | (6) PHYSICAL FACILITIES AND STAFF.- |
| 400 | (a) The county shall provide the Office of Inspector |
| 401 | General with appropriately located office space and sufficient |
| 402 | physical facilities, together with necessary office supplies, |
| 403 | equipment, and furnishings, to enable the Inspector General to |
| 404 | perform his or her functions. |
| 405 | (b) The Inspector General shall have the power to appoint, |
| 406 | employ, and remove such assistants, employees, and personnel and |
| 407 | establish personnel procedures as deemed necessary for the |
| 408 | efficient and effective administration of the activities of the |
| 409 | Office of Inspector General. |
| 410 | (7) FUNDING.- |
| 411 | (a) Each Broward County local government is responsible |
| 412 | for the funding of the Office of Inspector General. Pursuant to |
| 413 | its annual budget process, the Board of County Commissioners of |
| 414 | Broward County shall provide sufficient financial support for |
| 415 | the Office of Inspector General to fulfill its duties as set |
| 416 | forth in this act. In order to ensure adequate funding for the |
| 417 | prompt establishment of the Office of Inspector General, the |
| 418 | Board of County Commissioners of Broward County shall approve an |
| 419 | amount equal to $200,000 to fund all Inspector General related |
| 420 | operations for the remainder of the 2010-2011 fiscal year. The |
| 421 | Inspector General shall timely deliver to the board of county |
| 422 | commissioners a budget, including a reasonable estimate of |
| 423 | operating and capital expenditures of the Office of Inspector |
| 424 | General, and shall include revenues, including, but not limited |
| 425 | to, projected Inspector General contract fee revenue, to be |
| 426 | collected from the county and any other participating local |
| 427 | governments and public agencies. The Inspector General's budget |
| 428 | may not be implemented until a public hearing is held by the |
| 429 | Board of County Commissioners of Broward County. The Inspector |
| 430 | General shall establish a fiscal year that coincides with that |
| 431 | of Broward County. This paragraph does not prohibit the |
| 432 | Inspector General from transmitting to the Board of County |
| 433 | Commissioners of Broward County supplemental budget requests, |
| 434 | which shall be scheduled for a public hearing and, if approved |
| 435 | by the commission, shall constitute amendments to the county |
| 436 | budget. |
| 437 | (b) To fund the Office of Inspector General, each local |
| 438 | government's share of the Inspector General's budget as set |
| 439 | forth in this section shall be calculated based on its |
| 440 | representative share of the countywide total of taxes levied by |
| 441 | all local governments in Broward County. |
| 442 | (c) To defray the costs of reviews, audits, inspections, |
| 443 | and investigations by the Inspector General, any local |
| 444 | government may enact by ordinance or resolution imposition of an |
| 445 | Inspector General contract fee, which shall be a maximum of 0.25 |
| 446 | percent of the contract price added to each local government |
| 447 | contract. |
| 448 | 1. The Inspector General contract fee does not apply to |
| 449 | the following local government contracts, grants, or agreements: |
| 450 | a. Contracts for legal services. |
| 451 | b. Auditing contracts. |
| 452 | c. Grants funded by federal, state, or local government. |
| 453 | d. Interlocal agreements. |
| 454 |
|
| 455 | Notwithstanding this subparagraph, the local government may |
| 456 | authorize the inclusion of the Inspector General contract fee in |
| 457 | any contract to which the local government is a party. |
| 458 | 2. This paragraph does not limit the power of the |
| 459 | Inspector General under this act to perform audits, inspections, |
| 460 | reviews, and investigations on all local government contracts, |
| 461 | including, but not limited to, contracts specifically exempted |
| 462 | from the Inspector General contract fee. |
| 463 | 3. The Charter Government of Broward County shall provide |
| 464 | a procedure in which each local government shall remit the |
| 465 | Inspector General contract fees collected in order to fund the |
| 466 | Office of Inspector General. Full payment from each local |
| 467 | government must be made within 90 days after the enactment of |
| 468 | the budget of Broward County or any amendment to the budget of |
| 469 | Broward County representing funding for the Office of Inspector |
| 470 | General. |
| 471 | 4. The Inspector General contract fee may be used only to |
| 472 | fund the Office of Inspector General and shall be held in a |
| 473 | separate account by Broward County to be used only by the |
| 474 | Inspector General in succeeding years. The Inspector General |
| 475 | contract fee may not be used for any other purpose. |
| 476 | Section 4. Code of ethics and ordinance violations.- |
| 477 | (1) Broward County and each municipality within Broward |
| 478 | County shall establish by ordinance, and each independent |
| 479 | special district within Broward County, and the School Board or |
| 480 | School District of Broward County, shall establish by binding |
| 481 | resolution, a code of ethics regulating the behavior of elected |
| 482 | and appointed officials and employees of that local government. |
| 483 | Broward County and each municipality within the county shall |
| 484 | adopt a code of ethics that is binding on each district that is |
| 485 | dependent on the county or the municipality. |
| 486 | (2) To assist local governments in developing ethics |
| 487 | policies, the Inspector General shall develop a model policy |
| 488 | that shall be provided to local governments no later than May 1, |
| 489 | 2011. Any local government that has not established a code of |
| 490 | ethics by November 1, 2011, shall be bound by the model policy |
| 491 | until the time of such adoption. |
| 492 | Section 5. Amendment.-This act may be amended by special |
| 493 | act of the Legislature. |
| 494 | Section 6. Conflict.-Pursuant to s. 1(g), Art. VIII of the |
| 495 | State Constitution, any charter provision or ordinance of the |
| 496 | Charter Government of Broward County which creates an Office of |
| 497 | Inspector General or an officer or employees or agents that |
| 498 | function substantially the same as the Office of Inspector |
| 499 | General as provided in this act shall be deemed inconsistent |
| 500 | with this act. Any such office or officers, employees, or agents |
| 501 | created by the Charter Government of Broward County shall be |
| 502 | determined to be a part of the Office of Inspector General as |
| 503 | created in this act and subject to the direction of the |
| 504 | Inspector General created by this act along with all duties, |
| 505 | responsibilities, and requirements provided in this act. This |
| 506 | section does not apply to the Office of the County Auditor as |
| 507 | provided in Section 4.01 of the Charter of Broward County as it |
| 508 | exists on the effective date of this act. |
| 509 | Section 7. Referendum on continuation of the Office of |
| 510 | Inspector General.- |
| 511 | (1) The Board of County Commissioners of Broward County |
| 512 | shall schedule a referendum on continuation of the Office of |
| 513 | Inspector General to be held in conjunction with the general |
| 514 | election of November 2016 in accordance with the provisions of |
| 515 | law relating to elections currently in force. |
| 516 | (2) The item that shall appear on the ballot shall be as |
| 517 | follows: |
| 518 |
|
| 519 | Continuation of the Broward County Office of Inspector General |
| 520 |
|
| 521 | Shall the Broward County Office of Inspector General be |
| 522 | continued? The Inspector General detects misconduct involving |
| 523 | abuse, corruption, fraud, waste, inefficiencies, or |
| 524 | mismanagement by elected and appointed officers, employees, and |
| 525 | contractors of Broward County, including Broward County |
| 526 | constitutional officers, the Broward County School District, |
| 527 | municipalities, and special districts operating solely within |
| 528 | Broward County. |
| 529 |
|
| 530 | Yes |
| 531 | No |
| 532 |
|
| 533 | (3) This act shall expire and be of no force and effect on |
| 534 | the date after the general election of November 2016 unless the |
| 535 | ballot question placed on such ballot as provided in subsection |
| 536 | (2) is approved by vote of the qualified electors of Broward |
| 537 | County voting in that referendum. |
| 538 | Section 8. Ballot statement.-The Broward County Board of |
| 539 | County Commissioners shall schedule a referendum to be held in |
| 540 | conjunction with the general election of November 2010 in |
| 541 | accordance with the provisions of law relating to elections |
| 542 | currently in force. The item that shall appear on the ballot |
| 543 | shall be as follows: |
| 544 |
|
| 545 | Creation of the Broward County Office of Inspector General |
| 546 |
|
| 547 | Shall there be created the Broward County Office of Inspector |
| 548 | General, appointed by an independent selection committee and |
| 549 | funded by Broward County local governments to monitor each local |
| 550 | government's ethics code and to detect misconduct involving |
| 551 | abuse, corruption, fraud, waste, inefficiencies, or |
| 552 | mismanagement by elected and appointed officers, employees, and |
| 553 | contractors of Broward County, including Broward County |
| 554 | constitutional officers, the Broward County School District, |
| 555 | municipalities, and special districts operating solely within |
| 556 | Broward County? |
| 557 |
|
| 558 | Yes |
| 559 | No |
| 560 |
|
| 561 | Section 9. This act shall take effect only upon approval |
| 562 | by a majority of those qualified electors of Broward County |
| 563 | voting in a referendum to be held by the Board of County |
| 564 | Commissioners of Broward County in conjunction with the November |
| 565 | 2010 general election, except that this section and section 8 |
| 566 | shall take effect upon this act becoming a law. |