SENATE BILL NO. 346 Offered January 9, 2008 Prefiled January 8, 2008 A BILL to amend and reenact § 2.2-3705.3 of the Code of Virginia and to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 3.2, consisting of sections numbered 2.2-306.1 through 2.2-306.6, relating to the State Office of Accountability. ---------- Patron-- Blevins (By Request) ---------- Referred to Committee on General Laws and Technology ----------

Be it enacted by the General Assembly of Virginia:

1. That § 2.2-3705.3 of the Code of Virginia is amended and reenacted and the Code of Virginia is amended by adding a section numbered in Title 2.2 a chapter numbered 3.2, consisting of sections numbered 2.2-306.1 through 2.2-306.6 as follows:

CHAPTER 3.2.

STATE OFFICE OF ACCOUNTABILITY.

§ 2.2-306.1. Definitions.

As used in this chapter:

"Employee" means any person who is regularly employed full time on either a salaried or wage basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of, and whose compensation is payable, no more often than biweekly, in whole or in part, by a locality or state agency.

 “Locality" means a county, city, or town.

"Officer" means any person who is elected or appointed to a public office in a locality or state agency.

"State agency" means any agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch listed in the appropriation act.

§ 2.2-306.2. Office created; appointment of State Inspector General.

There is hereby created the State Office of Accountability, which shall be headed by a State Inspector General appointed by the Governor, subject to confirmation by the General Assembly. The State Inspector General shall be appointed for a six-year term. Vacancies shall be filled by appointment by the Governor for the unexpired term and shall be effective until 30 days after the next meeting of the ensuing General Assembly and, if confirmed, thereafter for the remainder of such term.

§ 2.2-306.3. Powers and duties of State Inspector General.

The State Inspector General shall have power and duty to:

1. Operate and manage the State Office of Accountability and employ such personnel as may be required to carry out the provisions of this chapter.

2. Make and enter contracts and agreements as may be necessary and incidental to carry out the provisions of this chapter, and apply for and accept grants from the United States government and agencies and instrumentalities thereof, and any other source, in furtherance of the provisions of this chapter.

3. Receive complaints alleging fraud, waste, abuse, corruption, or mistreatment of a citizen by a locality, state agency, or employee and determine whether the complaints give reasonable cause to investigate.

4. Investigate the management and operations of state agencies to determine whether acts of fraud, waste, abuse, corruption, or mistreatment have been committed or are being committed by state officers or state employees.

5. Prepare a detailed report of each investigation stating whether fraud, waste, abuse or corruption or mistreatment has been detected. If fraud, waste, abuse, corruption, or mistreatment is detected, the report shall (i) identify the person committing the wrongful act or omission, (ii) describe the wrongful act or omission, and (iii) describe corrective measures taken by the locality or state agency in which the wrongful act or omission was committed to prevent recurrences of similar actions.

6. Provide timely notification to the appropriate attorney for the Commonwealth whenever the State Inspector General has reasonable grounds to believe there has been a violation of state criminal law.

7. Assist citizens in understanding their rights and the processes available to them to express grievances regarding the activities of a locality, state agency, or employee.

8. Answer inquiries from citizens by telephone and electronic mail.

9. Provide to citizens information concerning state agencies.

10. Maintain data on inquiries received, the types of assistance requested, any actions taken and the disposition of each such matter.

11. Upon request, assist citizens in using the procedures and processes available to them to express grievances regarding the activities of a locality or state agency or employee.

12. Ensure that citizens have access to the services provided by the State Inspector General and that the citizens receive timely responses from the Inspector General or his representatives to the inquiries.

§ 2.2-306.4. Subpoenas.

A. The State Inspector General or a designated subordinate may issue a subpoena for the appearance of an individual before any hearing conducted by the Office of the Inspector General. The subpoena shall be served by the appropriate sheriff's officer and enforced by the court of that jurisdiction.

B. The State Inspector General may make an ex parte application to the circuit court for the city or county wherein evidence sought is kept, for the issuance of a subpoena duces tecum in furtherance of an investigation or to request production of any relevant records, documents, and physical or other evidence of any person, partnership, association or corporation located in the Commonwealth. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena duces tecum requiring the immediate production of evidence.

§ 2.2-306.5. Cooperation of state agencies and officers.

A. Each locality and state agency and every officer and employee, shall cooperate with, and provide assistance to, the State Inspector General in the performance of any investigation. Each locality or state agency shall make its premises, equipment, personnel, books, records, and papers readily available to the State Inspector General upon request.

B. The State Inspector General may enter upon the premises of a locality or any state agency at any time, without prior announcement, if necessary to the successful completion of an investigation. In the course of an investigation, the State Inspector General may question any officer or employee serving in, and any person transacting business with, the locality or state agency, and may inspect and copy any books, records, or papers in the possession of the locality or state agency. The State Inspector General shall preserve the confidentiality of any information obtained from a locality or state agency during the course of an investigation as required by applicable state and federal law.

§ 2.2-306.6. Reports.

A. The State Inspector General shall prepare an annual report summarizing the activities of the Office. Such report shall include, but need not be limited to: (i) a description of any significant problems, abuses, and deficiencies related to the management or operation of state agencies during the reporting period; (ii) a description of the recommendations for corrective actions made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified; (iii) a summary of matters referred to the attorneys for the Commonwealth and law-enforcement agencies and actions taken on them during the reporting period; and (iv) information concerning the numbers of complaints received and types of investigations completed by the Office during the reporting period.

B. Within 30 days of the transmission of each annual report, the State Inspector General shall make copies of such report available to the public upon request and in accordance with § 2.2-3705.3.

C. The State Inspector General shall report immediately to the Governor whenever the Office becomes aware of particularly serious problems, abuses, or deficiencies relating to the management or operation of a state agency.

D. The State Inspector General may conduct such additional investigations and make such reports relating to the management and operation of state agencies as are, in the judgment of the State Inspector General, necessary or desirable.

E. Notwithstanding any other provision of law, the reports, information, or documents required by or under this section shall be transmitted directly to the Governor and the General Assembly by the State Inspector General.

F. Records that are confidential under federal or state law shall be maintained as confidential by the State Inspector General and shall not be further disclosed, except as permitted by law.

§ 2.2-3705.3. Exclusions to application of chapter; records relating to administrative investigations.

The following records are excluded from the provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law:

1. Confidential records of all investigations of applications for licenses and permits, and of all licensees and permittees, made by or submitted to the Alcoholic Beverage Control Board, the State Lottery Department, the Virginia Racing Commission, the Department of Charitable Gaming, or the Private Security Services Unit of the Department of Criminal Justice Services.

2. Records of active investigations being conducted by the Department of Health Professions or by any health regulatory board in the Commonwealth.

3. Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management or to such personnel of any local public body, including local school boards as are responsible for conducting such investigations in confidence. However, nothing in this section shall prohibit the disclosure of information taken from inactive reports in a form that does not reveal the identity of charging parties, persons supplying the information or other individuals involved in the investigation.

4. Records of active investigations being conducted by the Department of Medical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1.

5. Investigative notes and other correspondence and information furnished in confidence with respect to an investigation or conciliation process involving an alleged unlawful discriminatory practice under the Virginia Human Rights Act (§ 2.2-3900 et seq.) or under any local ordinance adopted in accordance with the authority specified in § 2.2-2638, or adopted pursuant to § 15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law, relating to local human rights or human relations commissions. However, nothing in this section shall prohibit the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information.

6. Records of studies and investigations by the State Lottery Department of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations that cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) the use of the lottery as a subterfuge for organized crime and illegal gambling where such official records have not been publicly released, published or copyrighted. All studies and investigations referred to under clauses (iii), (iv) and (v) shall be open to inspection and copying upon completion of the study or investigation.

7. Investigative notes, correspondence and information furnished in confidence, and records otherwise exempted by this chapter or any Virginia statute, provided to or produced by or for the (i) Auditor of Public Accounts; (ii) Joint Legislative Audit and Review Commission; (iii) State Office of Accountability, (iv) Department of the State Internal Auditor with respect to an investigation initiated through the State Employee Fraud, Waste and Abuse Hotline; (iv) (v) committee or the auditor with respect to an investigation or audit conducted pursuant to § 15.2-825; or (v) (vi) auditors, appointed by the local governing body of any county, city or town or a school board, who by charter, ordinance, or statute have responsibility for conducting an investigation of any officer, department or program of such body. Records of completed investigations shall be disclosed in a form that does not reveal the identity of the complainants or persons supplying information to investigators. Unless disclosure is prohibited by this section, the records disclosed shall include, but not be limited to, the agency involved, the identity of the person who is the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation does not lead to corrective action, the identity of the person who is the subject of the complaint may be released only with the consent of the subject person. Local governing bodies shall adopt guidelines to govern the disclosure required by this subdivision.

8. Records of the Virginia Office for Protection and Advocacy consisting of documentary evidence received or maintained by the Office or its agents in connection with specific complaints or investigations, and records of communications between employees and agents of the Office and its clients or prospective clients concerning specific complaints, investigations or cases. Upon the conclusion of an investigation of a complaint, this exclusion shall no longer apply, but the Office may not at any time release the identity of any complainant or person with mental illness, mental retardation, developmental disabilities or other disability, unless (i) such complainant or person or his legal representative consents in writing to such identification or (ii) such identification is required by court order.

9. Information furnished in confidence to the Department of Employment Dispute Resolution with respect to an investigation, consultation, or mediation under Chapter 10 (§ 2.2-1000 et seq.) of this title, and memoranda, correspondence and other records resulting from any such investigation, consultation or mediation. However, nothing in this section shall prohibit the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information.

10. The names, addresses and telephone numbers of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints made to a local governing body.

11. Records of active investigations being conducted by the Department of Criminal Justice Services pursuant to Article 4 (§ 9.1-138 et seq.), Article 4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.) and Article 12 (§ 9.1-186 et seq.) of Chapter 1 of Title 9.1.

12. Records furnished to or prepared by the Board of Education pursuant to subsection D of § 22.1-253.13:3 in connection with the review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests by local school board employees responsible for the distribution or administration of the tests. However, this section shall not prohibit the disclosure of records to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of a review or investigation, in a form that (a) does not reveal the identity of any person making a complaint or supplying information to the Board on a confidential basis and (b) does not compromise the security of any test mandated by the Board.