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Outside Section 9


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Inspector General Transfer

SECTION 9.   Chapter 11 of the General Laws, as so appearing, is hereby further amended by inserting the following:-

Section 7. The auditor shall act to prevent and detect fraud, waste, and abuse in the expenditure of public funds, whether state, federal, or local, or relating to programs and operations involving the sections, departments, offices, commissions, institutions, and activities of the commonwealth, including those districts, authorities, instrumentalities, or political subdivisions created by the general court and including cities and towns.

Section 8. The auditor may supervise, coordinate, and conduct audits and investigations when necessary, relating to programs and operations described in section 7. He shall review legislation and regulations relating to programs and operations described in said section 7 and shall make recommendations concerning the effect of such legislation or regulation on the prevention and detection of fraud, waste, and abuse. He may recommend policies which will assist in the prevention or detection of fraud, waste, or abuse. The person in charge of, or the governing body of, any public body described in said section 7, may request the assistance of the auditor with respect to implementation of any suggested policy. In that event the auditor may assign personnel to conduct, supervise, or coordinate such activity. He may recommend policies for the conduct, supervision, or coordination of relationships between state and county agencies and other state and local government agencies, federal agencies, and nongovernmental entities with respect to all matters relating to the prevention and detection of fraud, waste, and abuse in or relating to programs and activities described in said section 7.

Section 9. (a) The auditor may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to programs and operations described in section 7.
          (b) The auditor shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without written consent of said employee, unless the auditor 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 7 days prior to such disclosure.
          (c) 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 auditor, unless the complaint was made or information disclosed with the knowledge that it was false or with willful disregard of its truth or falsity.

Section 10. In carrying out his duties and responsibilities, the auditor shall report to the attorney general, the United States Attorney, or both, whenever the auditor has reasonable grounds to believe there has been a violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings.
          The auditor shall refer audit or investigative findings to the state ethics commission, or to any other federal, state, or local agency that has an interest in said findings. Any referrals made under this section shall not be made public.
          In any case where the auditor has discovered fraudulent acts and believes that civil recovery proceedings may be appropriate, he shall refer the matter to the attorney general. The attorney general may institute whatever proceedings he deems appropriate, may refer the matter to another state or local agency, may retain the matter for further investigation, or may remand the matter to the auditor for further investigation.