§ 2-155.10. Office of inspector general.

(1)

Creation of the office of inspector general. Pursuant to Section 4.09 of the Jefferson Parish Charter, the office of office of inspector general is established.

(2)

Purpose. The purpose of this section is to establish a full-time program of investigation, audit, inspections, and performance review to provide increased accountability and oversight of entities of parish government or special districts or entities receiving funds through the parish, and to assist in improving agency operations and deterring and identifying, fraud, waste, abuse, and illegal acts. Further, in pursuing its mandate to prevent and detect fraud, waste, abuse and illegal acts, the office of inspector general shall use all the powers in this article to assist management in the establishment of effective systems of control.

(3)

Appointment.

(a)

The appointing authority for the inspector general shall be the ethics and compliance commission.

(b)

The ethics and compliance commission shall convene within sixty (60) days of a vacancy in the position of inspector general to initiate the national search for the inspector general.

(c)

The appointing authority shall conduct a nationwide search to fill the position of inspector general. The appointing authority will also recommend the annual salary of the inspector general and approve the annual salary each year thereafter.

(d)

In case of a vacancy in the position of inspector general, the chairperson of the appointing authority may appoint a first assistant inspector general, deputy inspector general, or other office of inspector general management personnel as interim inspector general until such time as a successor inspector general is appointed. The appointing authority may by majority vote of all members overrule the chairperson's appointment and appoint an alternative candidate with majority approval.

(e)

The inspector general is to be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, criminal justice administration or other closely related fields. In addition, the inspector general should possess demonstrated knowledge, skills, abilities and experience in conducting audits, investigations, inspections, and performance reviews.

(f)

Qualified candidates for inspector general shall be a person who:

1.

Has at least five (5) years of experience in any one (1), or combination, of the following fields:

i.

As an inspector general;

ii.

As a federal law enforcement officer;

iii.

As a federal or state court judge;

iv.

As a licensed attorney with expertise in the areas of audit and investigation of fraud, mismanagement, waste, corruption, and abuse of power;

v.

As a senior-level auditor or comptroller;

vi.

Supervisory experience in an office of an inspector general or an investigative public agency similar to an office of inspector general.

2.

Has a four-year degree from an accredited institution of higher learning.

(g)

Highly qualified candidates, in addition to the minimal qualifications contained in this section, shall be a person who:

1.

Has managed and completed complex investigations involving allegations of fraud, waste, abuse, illegal acts, theft, public corruption, deception and conspiracy;

2.

Has demonstrated the ability to work with local, state and federal law enforcement agencies and the judiciary; and/ or

3.

Has an advanced degree in law, accounting, public administration, or other relevant field.

(h)

A former or current elected official or employee of parish government may not be appointed inspector general within five (5) years following the end of such individual's period of service. Notwithstanding the foregoing restriction, employees of the office of inspector general who have served in the office for four (4) or more years may be immediately eligible for appointment to the position of inspector general. The inspector general shall hold at appointment, professional certification as a certified inspector general (CIG). Two (2) or more other professional certifications such as certified inspector general investigator (CIGI), certified inspector general auditor (CIGA), certified public accountant (CPA), certified internal auditor (CIA), certified governmental financial manager (CGFM), and certified fraud examiner (CFE) are recommended. A former or current elected official or employee of the state or its political subdivisions may not be appointed inspector general within five (5) years following that individual's period of service. This shall not prohibit the reappointment of an inspector general currently holding the position of inspector general.

(i)

The inspector general shall not hold, nor be a candidate for, any elective office while inspector general, and no officer or employee of the office of the inspector general shall hold, or be a candidate for, any elective office while an officer or employee. The inspector general shall not hold office in any political party or political committee, nor shall he/she participate in any political campaign of any candidate for public office, nor make any campaign contribution or campaign endorsement, while inspector general. No officer or employee of the office of the inspector general shall hold office in any political party or political committee, or participate in any political campaign of any candidate for public office, or make any campaign contribution or campaign endorsement, while an officer or employee of the office of inspector general.

(4)

Term of office. The inspector general is appointed for a term of five (5) years, which term shall begin when the inspector general begins employment with the parish. Subsequent four-year terms may be renewed at the discretion of the appointing authority.

(5)

Removal from office. Following a public hearing by the appointing authority, the inspector general may be removed from office for cause by two-thirds ( 2/3 ) vote of the entire membership of the ethics and compliance commission, which must then publicly report the reasons for removal to the parish council. Causes for removal may include abuse of power or authority, conviction of a state or federal felony, or entry of a guilty or nolo contendere plea to a state or federal felony charge, discrimination, ethical misconduct in office, unprofessional conduct, and other acts tarnishing the integrity of the office of inspector general.

(6)

Resources.

(a)

The office of inspector general shall be funded by an annual appropriation by the parish council in an amount sufficient to cover its operations pursuant to Section 4.09(D)of the Jefferson Parish Charter.

(b)

The inspector general shall prepare and transmit an annual operating budget to the chief operating officer, identifying in the budget all proposed expenditures.

(7)

Organizational placement.

(a)

The office of inspector general shall be operationally independent from the legislative and executive branches of the parish, including the parish council, and the office of the parish president, but is authorized and encouraged to work cooperatively with the ethics and compliance commission. "Operationally independent" shall mean that the neither the parish council, the parish president, nor any employee of the parish shall prevent, impair, or prohibit the inspector general from initiating, carrying out, or completing any audit, investigation, inspection or performance review.

(b)

The office of inspector general shall conduct preliminary inquiries, inquiries or investigations on behalf of the ethics and compliance commission on all matters brought before it. For the purposes of performing the duties, powers, authority, and functions of this article, legal counsel may be retained by the ethics and compliance commission pursuant to Section 4.09 of the Jefferson Parish Charter to serve as legal counsel for the ethics and compliance commission and the office of inspector general.

(c)

The office of the inspector general shall be considered a parish law enforcement agency for the purposes of this chapter, but shall not be a police force and shall not bear firearms. Upon the request of the inspector general, the sheriff may deputize investigative employees of the office of inspector general with limited police powers. Such deputies shall not be granted arrest power, and shall be deputized solely for the purpose of carrying out the duties of the office of inspector general and only in connection with the investigation of a matter within the purview of the office of inspector general.

(8)

Records disclosure . The records prepared or obtained by the office of inspector general shall be as provided for in La. R.S. 33:9614.

(9)

Reporting the results of inspector general findings.

(a)

The office of inspector general shall report its recommendations and results of its findings to the ethics and compliance commission.

(b)

Prior to concluding a report or recommendation, which contains findings as to the person or entity being reported or who is the subject of the recommendation, the inspector general shall provide the affected person or entity a copy of the report or recommendation.

(c)

Such person or entity shall have thirty (30) working days to submit a written explanation or rebuttal of the findings before the report or recommendation is finalized, and such timely submitted written explanation or rebuttal shall be attached to the finalized report or recommendation.

(d)

This section shall not apply when the inspector general, in conjunction with a district attorney, attorney general or United States attorney, determines that supplying the affected person or entity with such report will jeopardize a pending criminal investigation.

(10)

Annual reports. The inspector general shall report on the activities of the office of inspector general for the preceding calendar year to the ethics and compliance commission, on or before March 31 of each year, on matters undertaken, costs incurred, costs recovered, matters concluded, and results. The report shall describe accomplishments of the office of inspector general. Copies of the report shall be provided to the parish council, the parish president, and any oversight agencies interested in the activities of the office of inspector general. Upon issuance, members of the media and the public shall be promptly advised of the issuance of the report. Such reports will be provided to them upon request.

(11)

Authority. The office of inspector general is authorized to engage in the following specific functions:

(a)

Audit, evaluate, investigate, and inspect the activities, records, and individuals with contracts, subcontracts, procurements, grants, agreements, and other programmatic and financial arrangements undertaken by parish government and any other function, activity, process, or operation conducted by parish government.

(b)

Audit the efficiency and effectiveness of parish government operations and functions and conduct reviews of parish government's performance measurement system.

(c)

Review the reliability and validity of the information provided by parish government performance measures and standards.

(d)

Initiate such investigations, audits, inspections, and performance reviews of parish government as the inspector general deems appropriate.

(e)

Receive and investigate complaints from any source and investigate those complaints that the inspector general deems credible or upon his own initiative conduct investigations concerning alleged fraud, waste, abuse, illegal acts, and service deficiencies including deficiencies in the operation and maintenance of facilities.

(f)

Engage in prevention activities, including but not limited to: the prevention of fraud, waste, abuse, and illegal acts; review of legislation; review of rules, regulations, policies, procedures, and transactions; and the supplying, providing, and conducting of programs for training, education, certification and licensing.

(g)

Conduct joint investigations and projects with other oversight or law enforcement agencies, including, but not limited to the district attorney, attorney general, and the United States attorney.

(h)

When efficiency problems are noted, the inspector general has an affirmative duty to provide a standard of efficient practice to the unit in question, and assess whether adequate resources are available for implementation of a program.

(i)

Issue reports and recommend remedial actions to be taken by the parish council, the parish president, or parish departments or agency heads to overcome or correct operating or maintenance deficiencies and inefficiencies identified by the office of inspector general.

(j)

Issue public reports as set forth in subsections (9) and (10).

(k)

Monitor implementation of recommendations made by the office of inspector general and other audit, investigative, and law enforcement agencies.

(l)

Establish policies and procedures to guide functions and processes conducted by the office of inspector general.

(m)

Maintain information regarding the cost of investigations and cooperate with appropriate local, state, and federal administrative and prosecutorial agencies in recouping such costs from non-governmental entities involved in willful misconduct.

(n)

Require reports from the office of the parish president, parish council, or parish departments, agencies, special districts, boards, or commissions, regarding any matter within the jurisdiction of the inspector general.

(o)

Upon discovering credible information of corruption, fraud, waste, abuse or illegal acts in carrying out his duties and responsibilities as inspector general, the inspector general shall report to the district attorney, or the United States attorney, or other appropriate law enforcement agency.

(p)

Whenever the inspector general has reasonable grounds to believe there has been a violation of federal or state law, the inspector general shall refer a matter to the district attorney, the United States attorney or other appropriate law enforcement agency.

(q)

When the inspector general has reason to believe he must recuse himself from a matter, because of a potential conflict of interest, the inspector general shall refer such matter to the district attorney, the United States Attorney or other appropriate law enforcement agency.

(r)

The inspector general shall refer audit, investigative, inspection, or performance review findings to the ethics and compliance commission, the state ethics board, or to any other federal, state or local agency he deems appropriate.

(s)

After referring a matter to any appropriate law enforcement agency, the inspector general may assist the law enforcement agency in concluding any investigation.

(t)

Upon detecting a potential violation of state ethics law the office of inspector general shall notify the state ethics board pursuant to R.S. 42:1161.

(u)

Upon detecting a potential violation of a parish ethics ordinance or code, the office of inspector general shall notify the ethics and compliance commission.

(v)

The inspector general shall be notified in writing prior to any meeting of a selection or negotiation committee relating to the procurement of goods or services by the parish, including meetings involving third-party transactions. The notice required shall be given to the inspector general as soon as possible after a meeting has been scheduled, but in no event later than twenty-four (24) hours prior to the scheduled meeting. The inspector general may attend all parish meetings relating to the procurement of goods or services as provided herein, and may pose questions and raise concerns consistent with the functions, authority and powers of the inspector general. An audio recorder or court stenographer may be utilized to record all selection or negotiation committee meetings attended by the office of the inspector general.

(w)

The person in charge of any department, agency, board, commission, the parish president, the parish council, or any parish council member, may request the assistance of the office of inspector general with respect to implementation of any suggested legislation or legislative policy. In such an event the inspector general may assign personnel to conduct, supervise, or coordinate such activity.

(x)

The inspector general may do all things necessary to carry out the functions and duties set forth in this section, including the promulgation of rules and regulations regarding the implementation of responsibilities, duties and powers of the office.

(12)

Powers. The office of inspector general shall have access to all records, information, data, reports, plans, projections, matters, contracts, memoranda, correspondence, audits, reviews, papers, books, documents, computer hard drives, e-mails, instant messages, recommendations, and any other material of the parish council, office of the parish president, all parish departments, agencies, boards, commissions, or of any individual, partnership, corporation, or organization involved in any financial or official capacity with parish government that the inspector general deems necessary to facilitate an investigation, audit, inspection, or performance review. The inspector general shall have access to all employees of the parish. At all times the inspector general shall have access to any building or facility that is owned, operated or leased by the parish or any department, agency, board, commission, or any property held in trust to the parish.

(13)

Professional standards. Standards for initiating and conducting audits, investigations, inspections, and performance reviews by the office of inspector general will conform to the Principles and Standards for Offices of Inspectors General (Green Book) promulgated by the Association of Inspectors General. The office of inspector general shall develop an operations manual available to the public that contains principles based on these standards.

(14)

Physical facilities. The ethics and compliance commission and the office of inspector general shall be located off site from the General Government Building and the Yenni Building, and shall have sufficient and necessary equipment, office supplies, and office furnishings to enable the ethics and compliance commission and the office of inspector general to perform their functions and duties.

(15)

Organizational structure.

(a)

The inspector general and the ethics and compliance commission shall have the power to establish personnel procedures and procurement procedures for each of their offices. The inspector general and the ethics and compliance commission shall have the power to appoint, employ, contract, and remove such assistants, employees, consultants, and personnel including, but not limited to legal counsel, as deemed necessary for the efficient and effective administration of the activities of each of their offices.

(b)

The office of inspector general may include, but not be limited to, a division of criminal investigations, a division of audit, a division of inspections, and a division of performance review.

(16)

Quality review.

(a)

Quality assurance review . Finalized public audits, investigations, inspections and performance reviews which have been published by the office of inspector general shall be subject to annual quality assurance reviews by an advisory committee to include one (1) representative named by the parish council, one (1) representative named by the parish president, and one (1) representative named by the ethics and compliance commission; said committee shall be renewed annually.

Qualifications for membership of the committee are (1) members shall be domiciled in Jefferson Parish; (2) members may not hold any elective or appointed position with the parish nor any other government or political party office, nor be employed by any entity that is subject to review by the office of inspector general within two (2) years prior to appointment to the committee.

The representative appointed by the parish council shall serve as chairman. The chairman shall be responsible for providing each committee member with materials for the annual review, presenting the committee's written review to the office of inspector general and setting a public meeting at which the committee will present its written review.

The office of inspector general shall cooperate fully with the committee by providing access to all completed public reports. The inspector general may appear before the committee at its scheduled public meeting.

The committee's written review of the office of inspector general shall be forwarded to the inspector general at least fifteen (15) days prior to the public meeting at which the committee will present its review. The public meeting shall be scheduled after publication of the inspector general's annual report but not later than May 31 ^st .

(b)

The office of inspector general shall be subject to peer review by the Association of Inspectors General every three (3) years. Such peer review shall be paid for by the office of the inspector general. When completed, the Association of Inspectors General shall submit its recommendations and findings of such peer review to the ethics and compliance commission and the inspector general. The inspector general shall comply with the recommendations of the peer review within ninety (90) days, provided that the recommendations and findings are accepted and approved by the ethics review board. Copies of the written report resulting from this peer review shall be furnished to the ethics review board, parish council, and the parish president. This report shall also be made available to the public, when such process is completed.

(c)

Within one hundred eighty (180) days from the date of the inspector general's employment with the parish, the inspector general shall submit to the parish council the governing policies of the office of inspector general for review and acceptance.

(17)

Annual work plan. The inspector general shall present an annual work plan for the ensuing calendar year to the ethics and compliance commission, no later than September 1 of each year. The plan shall include:

(a)

Risk assessment criteria used in establishing the work plan;

(b)

A schedule of projects and anticipated completion dates; and

(c)

Quality assurance procedures planned for implementation.

(18)

Subpoena power and access to information.

(a)

For purposes of an investigation, audit, inspection, or performance review, the inspector general may administer oaths and affirmations, subpoena witnesses, compel their attendance and testimony under oath, take evidence, and require the production of any records which the inspector general deems relevant or material to an investigation, audit, inspection or performance review.

(b)

In carrying out the provisions of this ordinance, the inspector general, shall have access to all records, reports, audits, reviews, papers, books, documents, computer hard drives, e-mails, instant messages, recommendations, correspondence, including information relative to the purchase of supplies and services or anticipated purchase of supplies and services from any contractor by any parish department, agency, board, or commission, and any other data and material that is maintained by or available to the parish which in any way relates to the programs and operations with respect to which the inspector general has duties and responsibilities.

(c)

The inspector general may request information, cooperation, and assistance from any parish department, agency, special district, board, or commission. Upon receipt of a request for such information, cooperation, and assistance from the inspector general, each person in charge of any parish department, agency, special district, board, or commission, or shall furnish the inspector general or his authorized representative with such information, cooperation, and assistance.

(d)

The inspector general shall have direct and prompt access to the head of any parish department, agency, special district, board, or commission, when necessary for any purpose pertaining to the performance of his duties and responsibilities.

(e)

The inspector general may require by summons, the attendance and testimony under oath of persons, and the production of all records, reports, audits, inspections, reviews, papers, books, documents, computer hard drives, e-mails, instant messages, recommendations, correspondence and any other data and material relevant to any matter under audit, investigation, inspection, or performance review. Such summons shall be served in the same manner as a summons for the production of documents in civil cases issued on behalf of the state. Any judge of the 24th Judicial District Court may, upon application by the inspector general, issue an order to compel the production of records, reports, audits, reviews, papers, books, documents, computer hard drives, e-mails, instant messages, recommendations, correspondence, and any other data and material as aforesaid in the same manner and to the same extent as before said court. Any failure to obey such order may be punished by said court as contempt.

(f)

Any person who fails to appear in response to a subpoena, fails to answer any question, fails to produce information requested, or knowingly gives false testimony during an investigation, audit, inspection or review shall be guilty of contempt of court, or chargeable with appropriate criminal offenses and subject to loss of employment with the parish.

(19)

Cooperation. It shall be the duty of every parish officer, employee, department, agency, special district, board, and commission; and the duty of every contractor, subcontractor, and licensee of the parish, and the duty of every applicant for certification of eligibility for a parish contract or program, to cooperate with the inspector general in any investigation, audit, inspection, performance review, or hearing pursuant to this chapter. Every parish contract and every bid, proposal, application or solicitation for a parish contract, and every application for certification of eligibility for a parish contract or program shall contain a statement that the corporation, partnership, or person understands and will abide by all provisions of this chapter. Any employee, appointed officer or elected official of the parish who violates any provision of this chapter shall be subject to discharge, in addition to any other penalty provided in the Jefferson Parish Charter or ordinances.

(20)

Legal communications. Providing the office of inspector general, an agency of parish government, with communications by and between any parish attorney and the parish council, parish president, or any parish officer, employee, department, agency, special district, board, or commission, pursuant to the provisions of this section, shall not be deemed or construed as a waiver of any attorney-client privilege enjoyed by the parish, the parish council, the parish president, or any parish officer, employee, department, agency, special district, board, or commission.

(21)

Complaints by public employees. The inspector general may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, abuse, and illegal acts. The inspector general shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the written consent of said employee, unless the inspector general determines such disclosure is necessary and unavoidable during the course of the investigation. In such event the employee shall be notified in writing at least seven (7) days prior to such disclosure. Any employee who has authority to take, direct others to take, recommend, or approve any personnel action shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the inspector general, unless the complaint was made or information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(Ord. No. 24011, § 1, 5-11-11; Ord. No. 24975 , 6-24-15)