State Inspector General Act of 2018

[iSchwenzer]

Legislation Official Document
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S. 4

State Inspector General Act of 2018
To establish the office of the State Inspector General, and to delegate authority over all Inspectors General within the executive branch to that office.

Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress Assembled,

SECTION I. SHORT TITLE; GENERAL PROVISIONS.

1. Short Title. — This Act may be cited as the “State Inspector General Act of 2018”.
2. Severability. — This Act shall be severable, such that if any word, phrase, line, sentence, or provision of this Act, or the application of any of them to any person or circumstance, is held invalid, their application to other persons or circumstances, and the remainder of this Act shall not be affected thereby. Any newer law shall not supersede this Act unless that law specifically declares its intent to supersede this Act’s provisions.
3. Effective Date. — This Act shall go into effect immediately following enactment.

SECTION II. STRUCTURE OF THE OFFICE OF THE STATE INSPECTOR GENERAL

1. There shall be an Office of the State Inspector General, which shall oversee all Inspectors General within the executive branch.

2. The Office of the State Inspector General shall be lead by a State Inspector General, appointed by the Governor, by and with the advice and consent of the Senate.

3. There shall be a Deputy State Inspector General, appointed by the State Inspector General, by and with the advice and consent of the Governor, who shall assist the State Inspector General in the performance of his duties, and serve as Acting State Inspector General in his absence.

4. There shall be an Assistant State Inspector General for Internal Standards, appointed by the State Inspector General, who shall ensure that all investigations by Inspectors General conform to state law, regulations established by the Office, and to a common sense of ethics.

5. There shall be an Assistant State Inspector General for Independent Agencies Oversight, appointed by the State Inspector General, who shall serve as coordinator between the Inspectors General of independent agencies and the Office of the State Inspector General.

6. Each top-level federal executive department shall have an Inspector General, appointed by the Secretary (or equivalent), by and with the advice and consent of the State Inspector General, responsible for that department. The Inspectors General of the departments shall report both to the secretary responsible for their department, and to the State Inspector General.

7. The following department(s) are classified under this category;

1. Department of State
2. Department of Justice
3. Department of Public Safety
4. Department of Health
5. Department of Aviation
6. Department of Homeland Security
7. Firestone National Guard
8. Department of Transportation
9. Department of Public Works

7. Each agency of the State of Firestone shall have an Inspector General, appointed by the agency’s Director (or equivalent), by and with the advice and consent of the State Inspector General, who shall report both to their Department Inspector General, and to their Director. Inspectors General for independent agencies not part of any department (such as Firestone State Patrol, or P.O.S.T.) shall report to the Assistant State Inspector General for Independent Agencies Oversight.

8. The following department(s) are classified under this category;

1. Firestone State Patrol
2. Department of Corrections
3. Stapleton County Sheriff’s Office
4. Stapleton County Fire Department
5. Firestone Peace Officer Standards and Training
6. Firestone Fire Academy

8. All Inspectors General in the Executive Branch shall be considered part of the Office of the State Inspector General.
9. The State Inspector General may employ additional individuals within the Office of the State Inspector General at his discretion.

SECTION III. POWERS OF INSPECTORS GENERAL

1. The Office of the State Inspector General shall be tasked with overseeing internal affairs for all parts of the executive branch.
2. All members of the Office of the State Inspector General shall have the authority to conduct investigations relating to their departments or agencies.
3. All members of the Office of the State Inspector General shall be made sworn law enforcement officers, able to place individuals under arrest without warrant for crimes committed in their presence, and able to fulfill warrants of the court.
4. Members of the Office of the State Inspector General may apply to the judiciary for warrants when such warrants are relevant to investigations they are conducting.
5. The State Inspector General may appoint a special prosecutor to investigate and prosecute an individual when they believe there is a substantial risk for conflict of interest if the prosecution is left to the Department of Justice, such as when the individual being investigated is a high-ranking official within the Department of Justice.
6. The power of prosecution shall otherwise be left solely to the Department of Justice, and shall not be a power of the Office of the State Inspector General.
7. The Office of the State Inspector General may, at the discretion of the Governor, issue termination orders, requiring individuals to be removed from all agencies and departments of the Executive Branch.
8. Members of the Office of the State Inspector General may only investigate individuals that are part of the department of agency they are responsible for.
9. If no Inspector General is appointed for an agency or department within one week of a vacancy opening in that position, the State Inspector General may appoint an individual to serve as Inspector General.

SECTION IV. INSPECTOR GENERAL FOR THE NATIONAL GUARD

1. The Inspector General for the Firestone National Guard shall be appointed by the Major General, by and with the advice and consent of the State Inspector General.
2. The Inspector General of the National Guard shall be an officer holding the title of Major.

SECTION V. MISC. PROVISIONS AND CONCLUSION

1. The Office of the State Inspector General shall have a higher level of authority over Inspectors General than their respective directors, secretaries, or equivalents.

2. The Office of the State Inspector General shall only have the means to report, and temporarily suspend the person suspected of misconduct.

3. Following this suspension the Office of the State Inspector General shall have three days to provide the proper evidence to the Justice Department, if they fail to do so then the suspended person is no longer accused of corruption.

4. The position of the State Inspector General shall be considered a cabinet-level position.

5. The position of Deputy State Inspector General shall be considered a sub-cabinet level position.

6. The position of Deputy State Inspector General and above shall be considered primary positions; all other titles shall be considered secondary-level positions.

SECTION VI. INSPECTORS GENERAL

1. Inspectors General exist to conduct and supervise audits and investigations relating to the programs and operations of state establishments, as well to provide leadership and coordination and recommend policies for activities designed to promote economy, efficiency, and effectiveness in the administration of, and to prevent and detect fraud and abuse in, state programs and operations; and to provide a means for keeping the heads of the establishments and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action.
2. Inspector Generals shall perform their functions, duties, and responsibilities under the direction, control, and authority of the State Inspector General of the Firestone.

SECTION VI. DUTIES AND RESPONSIBILITIES OF INSPECTORS GENERAL

1. It shall be the duty and responsibility of each Inspector General, with respect to the establishment within which his Office is established—

2. to provide policy direction for and to conduct, supervise, and coordinate audits and investigations relating to the programs and operations of such establishment;

3. to review existing and proposed legislation and regulations relating to programs and operations of such establishment and to make recommendations concerning the impact of such legislation or regulations on the economy and efficiency in the administration of programs and operations administered or financed by such S. 4 establishment or the prevention and detection of fraud and abuse in such programs and operations;

4. to recommend policies for, and to conduct, supervise, or coordinate other activities carried out or financed by such establishment for the purpose of promoting economy and efficiency in the administration of or preventing and detecting fraud and abuse in, its programs and operations;

5. to recommend policies for, and to conduct, supervise, or coordinate relationships between such establishment and other State agencies and local governmental agencies, and nongovernmental entities with respect to all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse in, programs and operations administered or financed by such establishment or the identification and prosecution of participants in such fraud or abuse; and

6. to keep the head of such establishment and the Congress fully and currently informed, by means of the reports required by and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by such establishment, S. 4 to recommend corrective action concerning such problems, abuses, and deficiencies, and to report on the progress made in implementing such corrective action.

7. In addition to the authority otherwise provided by this Act, each Inspector General, in carrying out the provisions of this Act, is authorized—

8. to have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable establishment which relate to programs and operations with respect to which that Inspector General has responsibilities under this Act;

9. to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable;

10. to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this Act from any State or local governmental agency or unit thereof;

11. to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored S. 4 information, as well as any tangible thing) and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate Firestone district court: Provided, That procedures other than subpoenas may be used by the Inspector General to obtain documents and information from State agencies;

12. to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the functions assigned by this Act, which oath, affirmation, or affidavit when administered or taken by or before an employee of an Office of Inspector General designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal;

13. to have direct and prompt access to the head of the establishment involved when necessary for any purpose pertaining to the performance of functions and responsibilities under this Act; and

14. to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office.

15. Authorities granted under the previous subsection shall be exercised by the State Inspector General of the Firestone over any establishment of the state executive. Inspectors General of specific establishments shall exercise the authorities granted to them under the previous subsection over their specific establishments.

16. Inspectors General shall be ranked within three ranks below the deputy head of their respective establishments for the purposes of Roblox groups.

17. State security, classification, clearance, and homeland security are not proper reasons to fail to provide an inspector general with the information they are lawfully permitted to obtain.

18. All Inspectors General and their staff are authorized to execute warrants issued under the laws of the State of Firestone; carry firearms; and make arrests without warrant for any offense against the State of Firestone committed in their presence, or for any felony cognizable under the laws of the State of Firestone if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

19. Inspectors General shall have access to any Trello, Discord or any other thing they require to fulfill their duties, responsibilities or functions.

Respectfully submitted to the Congress of the State of Firestone,

CHIEF SPONSOR:

Senator iSchwenzer