Legislation to Establish the Office of Inspector General Re-introduced in DE General Assembly
January 12, 2025/
Legislation that would establish the Office of the Inspector General has been re-introduced in the Delaware General Assembly. Senate Bill 4 was introduced by Senator Laura Sturgeon. The Office of the Inspector General would be independent and nonpartisan – and would be unique in state government as a non-political agency with the sole mission to investigate and prevent fraud, waste, mismanagement, corruption and other abuse of governmental resources.
The measure has been assigned to the Senate Executive Committee.
Additional information from Senator Sturgeon:
Similar to Senate Bill 21 (S) which was introduced in the 152nd General Assembly, Senate Bill 4 would create a nonpartisan state agency capable of undertaking investigations, issuing public opinions, and initiating civil proceedings against state officials accused of violating the public’s trust.
“At a time when confidence in government is low, I cannot stress enough how important it is that we have an independent and nonpartisan investigative entity that can watch over our state government. I believe that Delawareans deserve a state government that holds itself to the highest ethical standards, fully adheres to the letter of the law, and never wavers in its commitment to uphold the public’s trust,” Sen. Sturgeon said.
“An Office of the Inspector General — because it is a completely independent, non-partisan investigative entity with subpoena power, the ability to file civil suits for recovery of misspent or stolen resources, and the charge of publishing reports of findings of fraud, waste, mismanagement, corruption, or abuse of government resources — will give Delawareans the faith and confidence they deserve to have in their state government.”
Delaware is currently one of only 14 states without an Inspector General of any kind, a gap in oversight that the Delaware Coalition for Open Government (DelCOG), the Delaware Press Association, and other public watchdog advocates have urged lawmakers in the First State to fill for several years.
“We as legislators strive to draft legislation that will best serve the needs of all our communities. And despite our best efforts to be transparent about the issues that arise within this process, we know we can always do better,” said Rep. Cyndie Romer, House prime sponsor for SB 4.
“By creating an independent, non-partisan Office of the Inspector General, to investigate any waste, fraud, and mismanagement within the government, we are opening the door for Delawareans to see exactly how their tax dollars are being used, and opening the door to fix the things that need to be fixed. This office will not only hold us accountable, but also hold all of us in state government to a higher standard.”
Under SB 4, the Delaware Secretary of State would be required to convene a 15-member selection panel to recommend three Inspector General candidates to the Governor, who would nominate one for Senate confirmation.
The term of the Inspector General would last 5 years to ensure the position carries over from one governor to the next. At the end of the 5-year term, the Inspector General position would either be reconfirmed, or the position refilled, depending on the recommendation of the selection panel and the nomination of the Governor.
No statewide public office holder, member of the General Assembly, cabinet secretary or division director would be eligible to hold the office of Inspector General for at least three years after they leave office.
Once confirmed by the Senate, the Inspector General would hire a Deputy Inspector General and a staff qualified in conducting investigations, audits or other forms of oversight or government evaluation.
“A responsible government is an accountable government. We must do all we can to ensure public officials and government agencies are held to the high standard that all Delawareans expect,” said Senate Minority Whip Brian Pettyjohn, a co-prime sponsor of SB 4. “Creating the Office of the Inspector General would do just that. Having an official and agency free from electoral politics to help keep the government in check is necessary and long overdue.”
The OIG would be required to maintain a statewide toll-free number, a collect telephone number, a website, an email address, and a mailing address for receiving complaints into fraud, waste, mismanagement, corruption, or other abuses of government resources that harm the public interest. The OIG would be required to notify a complainant if it opts not to pursue a complaint.
Under SB 4, OIG also could initiate its own investigations using its statutorily granted subpoena powers. At the conclusion of an investigation, the OIG would be required to issue a decision, including recommended next steps, on its public website.
Any evidence of a crime would be forwarded to the Department of Justice or other appropriate law enforcement agency for prosecution. The OIG also would be empowered to initiate a civil action in the courts on its own.
To ensure that the state’s various watchdog entities are not duplicating efforts, SB 4 would require the OIG to work collaboratively with:
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The Delaware Department of Justice, which investigates and prosecutes criminal activity;
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The Delaware Auditor of Accounts, which investigates financial records;
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The Public Integrity Commission, which enforces the Code of Conduct and conflict of interest in contracting among executive branch personnel.
SB 4 also includes language to protect the identity of complainants. The names of state employees also would be protected if an investigation finds no instances of wrongdoing.
