Oct. 27, 2015
HARRISBURG – In order to ensure the independence of the inspector general role, Rep. Mindy Fee (R-Manheim) has introduced legislation to establish the watchdog post by law, and to define the process by which an inspector general would be nominated and confirmed. Fee’s legislation passed the House State Government Committee today.
“The Pennsylvania Office of Inspector General plays a key role in investigating fraud, waste, abuse, and misconduct in the Commonwealth’s executive agencies, “Fee said. “Since the office’s inception under former Gov. Robert Casey, the inspector general has simply been appointed by the governor. I introduced this bill to make this role more independent and more likely to be an autonomous watchdog for the taxpayer.”
The statewide Office of Inspector General was created by executive order in 1987 by then Gov. Casey. The office has been reauthorized by every governor since. Currently, the inspector general is appointed by, and reports to, the governor. Fee’s legislation,
House Bill 1618, would establish Casey’s original executive order as law, while maintaining the powers and duties that are already assigned to the office.
Under the legislation, the governor would nominate a candidate for inspector general, and the state Senate would confirm the nominee by a two-thirds vote. This process replicates the vast majority of Pennsylvania’s other cabinet positions.
“I firmly believe the inspector general position demands independence. No inspector general should fear that uncovering waste, fraud and abuse could result in being dismissed from their job. Maintaining the independence of the post is best accomplished by instituting a nomination and confirmation process that brings in two branches of government and makes the process bipartisan,” Fee said.
Independence for the inspector general post would also be further ensured by some additional provisions in the legislation:
- the inspector general would only be removed from office by cause;
- he or she could not seek election nor accept appointment to a political office during the time that they serve as inspector general and for one year afterward;
- the inspector general would serve for a term of six years and could serve no more than two terms.
Under the legislation, the inspector general would also make regular reports to the General Assembly concerning problems or deficiencies relating to the administration of a program or operation in an agency.
Finally, the bill includes important whistleblower protections that will continue to encourage Commonwealth employees who report – in good faith – fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance or abuse.
The lawmaker stressed that the introduction of this legislation is no statement about the performance of the current inspector general Grayling Williams, or Gov. Tom Wolf.
“Gov. Wolf took office and established swift measures to ensure openness and transparency,” Fee said. “I believe establishing this office by law will only help to promote those important hallmarks of good government.”
Fee noted that the practices established in her legislation were developed after review of laws regarding the office in other states. Pennsylvania is one of only a very few states that do not have an Office of Inspector General established by law.
Sen. Ryan Aument (R-West Hempfield) has introduced companion legislation (Senate Bill 1025) to this measure. After the vote in today’s House State Government Committee, Aument commented, “It was distressing to see that no Democratic members voted in favor of Rep. Fee’s bill. I believe we ought to eradicate waste, fraud, and abuse before we go and ask citizens to pay more in higher taxes.”
The overall goal is to create this office in a manner that will allow our inspector general to work independently from the influence of any one governor, who now can unilaterally direct the detection of waste, fraud and abuse in state government,” Fee noted. “The important work of investigating and preventing misconduct in Pennsylvania government programs, operations and contracts demands independence.”
Fee’s bill now advances to the full House for consideration.
Representative Mindy Fee
37th Legislative District
Pennsylvania House of Representatives
Media Contact: Diane Moore
717.772.9844
dmoore@pahousegop.com
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