Inspector general would serve important role

Cape Gazette | Letter to the Editor | by Rep. John Kowalko

House Bill 405 would create an independent and nonpartisan inspector general who is selected by an independent, blue-ribbon panel of various community stakeholders and is required by statute to investigate corruption, waste, fraud, abuse, mismanagement and any other conduct harmful to the public interest.

Delaware currently has no government agency responsible for this type of oversight. The Delaware Office of Auditor of Accounts is a government agency controlled by a partisan elected official whose constitutional and statutory duties are solely defined as financial audits and post-audits.

The recent claims by the auditor of accounts and her staff’s family members disparaging the selection panel for the proposed inspector general as “members of the political class” when most are in fact ordinary members of the public are bizarre and patently false. Further, regardless of how the elected state auditor decides to voluntarily spend taxpayer money budgeted to her office, the laws creating the auditor of accounts are clear regarding the required scope of their financial audits.

Delaware does not need more authority given to partisan elected officials to collude with their friends and cronies. The residents and taxpayers of our state deserve an independent and nonpartisan inspector general to investigate allegations of corruption, waste, fraud, abuse and other conduct that harms the public.

Unlike the state auditor, the inspector general under HB 405 would be:

  • A nonpartisan office that does not engage in partisan elections
  • Limited to three five-year term
  • Able to be removed from office for misconduct
  • Required to remain neutral and impartial during investigations
  • Required to have demonstrated experience in oversight and investigations
  • Able to conduct independent and nonpartisan investigations of the General Assembly and all state agencies, including the Department of Justice and the auditor of accounts, as well as entities that conduct business with the state
  • Required to issue a public report for every investigation
  • Required to maintain a website and other forms of communication to receive complaints
  • Required to respond to every complaint received alleging harmful conduct
  • Required to keep investigative documents confidential, and protect the identity of whistleblowers and others who file complaints.

The state auditor and inspector general need to be separate offices because they have different responsibilities and purposes. Routine financial auditing relating to financial abuse and fraud are important functions in the domain of the Office of Auditor of Accounts.

However, numerous instances of official misconduct, abuse of power and lack of effective oversight of government agencies have plagued Delaware in recent years, including felony indictments against elected officials, despite the existence of an elected auditor of accounts.

An inspector general is needed to provide oversight and investigations of state agencies outside their financial performance.

Rep. John Kowalko
Newark
25th District

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