Legislation to create an inspector general office is underway following last session’s failed attempt.

Sponsored by Sen. Laura Sturgeon, D-Greenville, with support from Senate Minority Whip Brian Pettyjohn, R-Georgetown, Senate Bill 4 would create a nonpartisan state agency to investigate state officials accused of violating the public’s trust. The office would also issue public opinions, and be able to initiate civil proceedings against accused state officials. Sen. Russ Huxtable, D-Lewes, is a co-sponsor of the bill.

The bill is similar to SB 21 introduced last session, which was voted out of the Senate Executive Committee, but died in the Senate Finance Committee. 

“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,” Sturgeon said in a press release. “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. An Office of the Inspector General – because it is a completely independent, nonpartisan 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.”

Officials say a 15-member panel chaired by the attorney general would select three candidates for the inspector general position, which would be submitted to the governor to nominate for Senate confirmation. 

The governor would appoint three people to the panel in addition to the secretary of state, a member from the House majority and Senate majority, and a member of the House minority and Senate minority caucus. Presidents of the state NAACP conference, League of Women Voters, state bar association, association of chiefs of police, and the Delaware Coalition for Open Government would also have seats on the panel.

DCOG has lobbied for passage of the inspector general bill.

The inspector general’s term would be for five years to ensure the position carries over from one governor to the next, officials said, and at the end of the term, the inspector general would either be reconfirmed or the position refilled, depending on the recommendation of the selection panel and the nomination of the governor.

Once confirmed, the inspector general would hire a deputy inspector general and a staff to conduct investigations, audits or other government oversight.

Under the bill, 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.

“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 Pettyjohn in a press release. “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.”

Under SB 4, the Office of the Inspector General could also initiate its own investigations using its statutorily granted subpoena powers, but it is required to work with the Department of Justice, auditor of accounts and Public Integrity Commission to prevent duplicate investigations. 

SB 4 includes language to protect the identity of complainants, and the names of state employees also would be protected if an investigation finds no instances of wrongdoing.

SB 4 has been assigned to the Senate Executive Committee.