Fee’s Declaration of Independence for State Inspector General Passes in House
HARRISBURG – Legislation to ensure the independence of the inspector general role received approval today in the Pennsylvania House of Representatives, according to the bill’s sponsor, Rep. Mindy Fee (R-Manheim).
“I firmly believe the Pennsylvania Office of Inspector General demands independence. No inspector general should fear that uncovering waste, fraud and abuse in the Commonwealth’s executive agencies 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.
The statewide Office of Inspector General was created by executive order in 1987 by then Gov. Casey. The office has been reauthorized by ever 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. Pennsylvania is one of only a very few states that do not have an Office of Inspector General established by law.
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.
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. Additionally, 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. Finally, the bill was amended to grant the inspector general the power to issue subpoenas as part of their investigations.
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. If the bill is passed, it would not take effect until after the next gubernatorial election, unless the present inspector general resigns from their post.”
Sen. Ryan Aument (R-West Hempfield) has introduced companion legislation (Senate Bill 1025) to this measure. After the today’s House vote, Aument commented, “Good government does not happen by chance. We need to work together on objectives that we should all agree on, including finding waste, fraud, abuse and misconduct in state government contracting and programs.”
The bill passed in the House by a vote of 115-82, with no Democratic support. Fee’s bill now advances to the state Senate for consideration.
Rep. Mindy Fee
37th Legislative District
Pennsylvania House of Representatives
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