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1 COUNTY COUNCIL OF BALTIMORE COUNTY, MARYLAND

2 Legislative Session 2023, Legislative Day No. 20


3
4 Bill No. 84-23
5
6
7 Mr. Julian E. Jones Jr., Chairman
8 By Request of County Executive
9
10
11 By the County Council, November 6, 2023
12
13
14 A BILL
15 ENTITLED
16
AN ACT concerning

Office of the Inspector General

FOR the purpose of establishing an Office of the Inspector General Advisory Board, its

membership, meetings, and duties; clarifying the purpose of the Office of the Inspector

General; setting the terms of the Inspector General; providing that staff of the Office of

Inspector General are County employees and subject to County personnel laws; ensuring

the Office of the Inspector General is adequately funded; providing access to independent

legal counsel; requiring the Office of the Inspector General to ensure its policies and

procedures are published on the County website; requiring the Inspector General to

provide an annual training to elected and public officials; requiring recipients of a

subpoena to comply within 30 days providing that the Office of the Inspector General

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2
3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
may issue a subpoena at any time during its investigative process and may prior to the

issuance of a subpoena allow a recipient up to 30 days to comply with a request;

providing for reimbursement of legal fees or legal expenses to County employees

involved in an investigation by the Office of the Inspector General; and generally relating

the Office of the Inspector General.

BY adding

Section 3-3-2901 though 3-3-2904


Article 3 – Administration
Title 3 – Boards, Commissions, Committees, Panels, and Foundations
Subtitle 29 – Office of Inspector General Oversight Board

BY repealing and re-enacting, with amendments

Sections 3-14-102(1), 3-14-103(b)(1), 3-14-104, 3-14-105(a), 3-14-106,


and 3-14-107(a)(4), (c), and 3-14-110
Article 3 – Administration
Title 14 – Office of the Inspector General
Baltimore County Code, 2015

BY renaming

Article 4 – Human Resources


Title 3 – All County Employees
Subtitle 2 – Reimbursement for Criminal and Civil Actions

to

Subtitle 2 – Reimbursement for Employees


Baltimore County Code, 2015

BY repealing and re-enacting, with amendments

Sections 4-3-202(c)(2) and 4-3-203(b)(2)


Article 4 – Human Resources
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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
Title 3 – All County Employees
Subtitle 2 – Reimbursement for Criminal and Civil Actions
Baltimore County Code, 2015

BY renumbering

Section 4-3-204 to become Section 4-3-205


Article 4 – Human Resources
Title 3 – All County Employees
Subtitle 2 – Reimbursement for Criminal and Civil Actions
Baltimore County Code, 2015

BY adding

Section 4-3-204
Article 4 – Human Resources
Title 3 – All County Employees
Subtitle 2 – Reimbursement for Criminal and Civil Actions
Baltimore County Code, 2015

BY repealing and re-enacting, with amendments

Section 4-3-205(a)
Article 4 – Human Resources
Title 3 – All County Employees
Subtitle 2 – Reimbursement for Criminal and Civil Actions
Baltimore County Code, 2015

1 SECTION 1. BE IT ENACTED BY THE COUNTY COUNCIL OF BALTIMORE

2 COUNTY, MARYLAND, that the Laws of Baltimore County read as follows:

4 ARTICLE 3 – ADMINISTRATION

5 Title 3 – Boards, Commissions, Committees, Panels, and Foundations

6 SUBTITLE 29 – OFFICE OF THE INSPECTOR GENERAL ADVISORY BOARD

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1

2 § 3-3-2901. – ESTABLISHED.

3 THERE IS AN OFFICE OF THE INSPECTOR GENERAL ADVISORY BOARD.

5 § 3-3-2902. – MEMBERSHIP; QUALIFICATIONS AND APPOINTMENTS.

6 (A) THE ADVISORY BOARD SHALL CONSIST OF THE FOLLOWING:

7 (1) THE COUNTY ATTORNEY, WHO SHALL CHAIR THE ADVISORY

8 BOARD AND MAY ASSIGN STAFF TO THE ADVISORY BOARD FROM THE OFFICE

9 OF LAW;

10 (2) THE SECRETARY TO THE COUNTY COUNCIL

11 (3) THE COUNTY AUDITOR; AND

12 (4) THE EXECUTIVE DIRECTOR OF THE COUNTY ETHICS

13 COMMISSION.

14 (B) THE COUNTY EXECUTIVE SHALL APPOINT THREE ADDITIONAL

15 MEMBERS TO THE ADVISORY BOARD AS PROVIDED IN PARAGRAPH (C) OF THIS

16 SECTION, SUBJECT TO CONFIRMATION BY THE COUNTY COUNCIL.

17 (C) (1) THE THREE ADDITIONAL MEMBERS SELECTED TO SERVE ON THE

18 ADVISORY BOARD PURSUANT TO PARAGRAPH (B) OF THIS SECTION SHALL BE:

19 (I) A COUNTY RESIDENT WHO IS A FACULTY MEMBER AT A

20 LAW SCHOOL;

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 (II) A COUNTY RESIDENT WHO IS A FACULTY MEMBER AT A

2 COLLEGE OR SCHOOL OF PUBLIC POLICY OR PUBLIC ADMINISTRATION; AND

3 (III) A COUNTY RESIDENT WHO IS A FACULTY MEMBER AT A

4 COLLEGE OR SCHOOL OF BUSINESS ADMINISTRATION, MANAGEMENT, OR

5 ECONOMICS.

6 (2) THE THREE ADDITIONAL MEMBERS SHALL SERVE A TERM OF

7 THREE YEARS AND MAY NOT SERVE MORE THAN TWO CONSECUTIVE FULL

8 TERMS. A FULL TERM SHALL CONSIST OF THREE YEARS.

10 § 3-3-2903. MEETINGS OF THE ADVISORY BOARD.

11 (A) THE ADVISORY BOARD SHALL MEET AT LEAST ONCE ANNUALLY.

12 (B) A QUORUM OF THE ADVISORY BOARD IS FOUR MEMBERS.

13 (C) AN AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS SHALL BE

14 NECESSARY TO TAKE ACTION.

15

16 § 3-3-2904. DUTIES OF THE ADVISORY BOARD.

17 THE ADVISORY BOARD SHALL:

18 (1) COMPLETE ANNUALLY A WRITTEN PERFORMANCE REVIEW OF

19 THE INSPECTOR GENERAL ON A FORM PROVIDED BY THE OFFICE OF HUMAN

20 RESOURCES;

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 (2) RECEIVE THE INSPECTOR GENERAL'S POLICIES AND

2 OPERATIONAL PROCEDURES AND EITHER:

3 (I) APPROVE THE PROPOSED POLICIES AND OPERATIONAL

4 PROCEDURES AS SUBMITTED; OR

5 (II) RECOMMEND ALTERNATIVE PROPOSED POLICIES AND

6 OPERATIONAL PROCEDURES IF THE ADVISORY BOARD DISAGREES WITH THE

7 SUBSTANCE OF ANY ITEM CONTAINED IN THE PROPOSED POLICIES AND

8 OPERATIONAL PROCEDURES;

9 (3) ENSURE THE INSPECTOR GENERAL COMPLIES WITH ALL

10 APPLICABLE LAWS, POLICIES, AND OPERATIONAL PROCEDURES;

11 (4) RECEIVE, REVIEW, AND REFER TO THE APPROPRIATE COUNTY

12 DEPARTMENT COMPLAINTS ABOUT THE OFFICE OF THE INSPECTOR GENERAL;

13 (5) RECEIVE AND REVIEW NOTIFICATIONS OF THE OPENING OF

14 INVESTIGATIONS FROM THE OFFICE OF THE INSPECTOR GENERAL, WHICH SHALL

15 REMAIN CONFIDENTIAL;

16 (6) (I) RECEIVE AND REVIEW DRAFT INVESTIGATIVE REPORTS

17 FROM THE OFFICE OF THE INSPECTOR GENERAL PRIOR TO THE ISSUANCE OF THE

18 REPORTS AND, WITHIN 10 DAYS OF RECEIVING A DRAFT INVESTIGATIVE

19 REPORT, EITHER:

20 1. APPROVE A DRAFT REPORT AS WRITTEN; OR

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 2. RECOMMEND CHANGES OR MODIFICATIONS TO A

2 DRAFT REPORT IF THE ADVISORY BOARD DISAGREES WITH THE SUBSTANCE OF

3 ANY ITEM CONTAINED IN A REPORT;

4 (II) DRAFT INVESTIGATIVE REPORTS SHALL REMAIN

5 CONFIDENTIAL UNTIL REVIEWED UNDER SUBPARAGRAPH (I) AND PUBLISHED AS

6 FINAL INVESTIGATIVE REPORTS BY THE OFFICE OF THE INSPECTOR GENERAL;

7 AND

8 (7) APPEAR BEFORE THE COUNTY COUNCIL AT LEAST ONCE A YEAR

9 TO PROVIDE AN OVERVIEW OF THE ACTIVITIES OF THE ADVISORY BOARD AND

10 THE OFFICE OF THE INSPECTOR GENERAL.

11

12 ARTICLE 3 – ADMINISTRATION

13 Title 14 – Office of the Inspector General

14

15 § 3-14-102.

16 The purpose of the Office of the Inspector General is to provide increased accountability

17 and oversight in the operations of the county government by identifying:

18 (1) Fraud, [abuse, and illegal acts,] WASTE, AND ABUSE in the county

19 government; and

20 (2) Ways to promote efficiency, accountability, and integrity in county

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 government.

3 § 3-14-103.

4 (b) (1) [(i) The initial term of office of the Inspector General shall be five years.

5 (ii) Each subsequent term shall be four years.]

6 THE INSPECTOR GENERAL SHALL HOLD OFFICE FOR A TERM OF

7 FOUR YEARS COMMENCING AT THE TIME OF THEIR APPOINTMENT AND

8 CONTINUING UNTIL THEIR SUCCESSOR QUALIFIES.

10 § 3-14-104.

11 The Inspector General shall supervise the operations of the [administrative] staff of the

12 Office of the Inspector General, including the hiring, direction, and discharge of all Office of the

13 Inspector General staff members in accordance with the County personnel laws.

14 (1) NOTWITHSTANDING ANY OTHER PROVISIONS OF THE CHARTER

15 OR THE CODE, THE STAFF OF THE OFFICE OF THE INSPECTOR GENERAL SHALL

16 BE CONSIDERED COUNTY EMPLOYEES AND ARE SUBJECT TO ALL APPLICABLE

17 COUNTY PERSONNEL LAWS.

18 (2) EXCEPT AS OTHERWISE STATED IN § 3-14-103(D), THE INSPECTOR

19 GENERAL SHALL BE SUBJECT TO ALL APPLICABLE COUNTY PERSONNEL LAWS.

20

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 § 3-14-105.

2 (a) (1) (I) The Office of the Inspector General shall be funded as a separate

3 budget entity in the Annual Budget and Appropriation Ordinance.

4 (II) THE COUNTY EXECUTIVE AND COUNTY COUNCIL SHALL

5 ENSURE THAT THE BUDGET FOR THE OFFICE OF INSPECTOR GENERAL IS

6 SUFFICIENT TO PROVIDE THE SERVICES OUTLINED IN THIS TITLE.

7 (III) IN ACCORDANCE WITH SECTIONS 508 AND 510 OF THE

8 CHARTER, THE INSPECTOR GENERAL MAY REQUEST INDEPENDENT LEGAL

9 COUNSEL FOR THE OFFICE OF THE INSPECTOR GENERAL WHEN NECESSARY TO

10 AVOID CONFLICT OF INTEREST OR THE APPEARANCE OF A CONFLICT.

11 (2) Any decrease in appropriations THE OFFICE’S PROPOSED BUDGET

12 SUBMITTED BY THE COUNTY EXECUTIVE from the prior fiscal year, in either the

13 proposed or adopted budget, shall be accompanied by a written justification for the [decrease]

14 DECREASE, WHICH SHALL BE PUBLICLY POSTED IN SUFFICIENT TIME FOR THE

15 PUBLIC HEARINGS ON THE BUDGET TO PERMIT AN OPPORTUNITY FOR PUBLIC

16 COMMENT.

17 (b) SUBJECT TO THE REQUIREMENTS OF SECTION 712 OF THE CHARTER,

18 The THE office may expend funds derived from private grants, the State or the United States to

19 carry out its functions and activities, and to cooperate with any agency of the State or the United

20 States in carrying out its functions and activities.

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1

2 § 3-14-106.

3 The Office of the Inspector General may:

4 (5) Receive and investigate complaints from any source or upon its own initiative

5 concerning alleged [abuse] fraud, WASTE, and ABUSE, [service deficiencies] including

6 deficiencies in the operation and maintenance of facilities;

7 (8) Establish policies and procedures to guide functions and processes conducted

8 by the Office, AND SHALL PUBLISH THEM ON THE COUNTY WEBSITE, COPIES OF

9 WHICH SHALL BE MADE AVAILABLE UPON REQUEST TO THE PUBLIC AND

10 COUNTY EMPLOYEES IN THE OFFICE OF THE INSPECTOR GENERAL;

11 (9) Make recommendations to the County Executive and County Council which

12 would assist in the promotion of efficiency, accountability, and integrity in county government;

13 [and]

14 (10) PROVIDE AN ANNUAL TRAINING COURSE TO COUNTY

15 EMPLOYEES AND ELECTED OFFICIALS ON THE FUNCTIONS OF THE OFFICE, AND

16 REPORTING FRAUD, WASTE, AND ABUSE FOR ELECTED AND PUBLIC OFFICIALS,

17 THE OFFICE’S INVESTIGATIVE DUTIES, AND THE DUTY TO COOPERATE IN

18 INVESTIGATIONS; AND

19 (11) Do all things necessary to carry out the functions set forth in this title.

20

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 § 3-14-107.

2 (a) The Office of the Inspector General is provided the following powers to accomplish

3 the intent of this title:

4 (4) Subject to subsection (b) of this section, the power to require County

5 employees to cooperate with the Office's investigations regarding fraud, waste, [corruption,

6 illegal acts,] and abuse.

7 (c) (1) The Office may issue a subpoena to compel compliance with a request issued

8 under subsection (a) of this section if the recipient of the request has not complied with the

9 request within [90] 30 days after the request AT ANY TIME DURING ITS INVESTIGATIVE

10 PROCESS.

11 (2) PRIOR TO THE ISSUANCE OF A SUBPOENA, THE OFFICE MAY IN

12 ITS DISCRETION ALLOW UP TO 30 DAYS FOR A RECIPIENT TO COMPLY WITH A

13 REQUEST AND MAY GRANT AN EXTENSION IF APPROPRIATE TO FACILITATE

14 COMPLIANCE.

15 (2) THE OFFICE OF THE INSPECTOR GENERAL MAY ISSUE A

16 SUBPOENA FOR PRODUCTION OF DOCUMENTS THAT ARE NOT MAINTAINED BY

17 BALTIMORE COUNTY, AND THAT ARE NOT WITHIN THE POSSESSION, CUSTODY

18 OR CONTROL OF A COUNTY EMPLOYEE, AT ANY TIME DURING ITS

19 INVESTIGATIVE PROCESS.

20 (3) Subpoenas issued by the office may be judicially enforced.

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1

2 § 3-14-110.

3 (a) Investigation reports of the Office of the Inspector General shall be public records

4 subject to disclosure under the Maryland Public Information Act.

5 (b) (1) All records will be considered deliberative in process and not available for

6 outside review.

7 (2) Names and identities of individuals making complaints and information

8 protected by whistleblower protection or other legislation will not be disclosed without the

9 written consent of the individual unless required by law or judicial process.

10 (C) PRIOR TO THE ISSUANCE OF AN INVESTIGATION REPORT, A DRAFT

11 INVESTIGATION REPORT SHALL BE SUBMITTED TO THE OFFICE OF THE

12 INSPECTOR GENERAL ADVISORY BOARD FOR REVIEW IN ACCORDANCE WITH

13 SECTION 3-3-2904(6) OF THE CODE.

14

15 ARTICLE 4 – HUMAN RESOURCES

16 Title 3 – All County Employees

17 Subtitle 2 – Reimbursement for Criminal and Civil Actions EMPLOYEES

18

19 § 4-3-202.

20 (c) (2) The county may reimburse the employee as provided in § 4-3-204 § 4-3-205

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 of this subtitle for court costs, reasonable attorney fees, and other related legal expenses in

2 defending the criminal prosecution.

4 § 4-3-203.

5 (b) (2) If there is a final judicial determination in favor of an employee and the

6 County Attorney did not defend the employee because of a conflict of interest between the

7 county and the employee, the county may reimburse the employee as provided in § 4-3-204 § 4-

8 3-205 of this subtitle for court costs, reasonable attorney fees, and other related legal expenses.

10 § 4-3-204. – OFFICE OF THE INSPECTOR GENERAL INVESTIGATIONS.

11 (A) THIS SECTION APPLIES TO AN EMPLOYEE INVOLVED IN AN

12 INVESTIGATION BY THE OFFICE OF THE INSPECTOR GENERAL UNDER ARTICLE 3,

13 TITLE 14 OF THE CODE AS A RESULT OF ACTS OR OMISSIONS OF THE EMPLOYEE

14 IN THE SCOPE OF EMPLOYMENT OR THE PERFORMANCE OF DUTIES AS AN

15 EMPLOYEE OF THE COUNTY.

16 (B) (1) AN EMPLOYEE MAY BE REPRESENTED BY LEGAL COUNSEL AT

17 ANY TIME DURING AN INVESTIGATION BY THE OFFICE OF THE INSPECTOR

18 GENERAL.

19 (2) (I) AN EMPLOYEE MAY REQUEST LEGAL COUNSEL FROM THE

20 COUNTY ATTORNEY OR RETAIN OUTSIDE LEGAL COUNSEL AT THE EMPLOYEE’S

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 OWN EXPENSE DURING THE COURSE OF AN INSPECTOR GENERAL

2 INVESTIGATION.

3 (II) IF THE COUNTY ATTORNEY DECLINES TO PROVIDE

4 REPRESENTATION TO THE EMPLOYEE DUE TO A CONFLICT OF INTEREST OR THE

5 APPEARANCE OF A CONFLICT, THE EMPLOYEE MAY RETAIN OUTSIDE LEGAL

6 COUNSEL AT THE EMPLOYEE’S OWN EXPENSE.

7 (C) FOLLOWING THE CONCLUSION OF AN INVESTIGATION BY THE OFFICE

8 OF THE INSPECTOR GENERAL OR THE OFFICE’S ISSUANCE OF AN INVESTIGATIVE

9 REPORT:

10 (1) (I) IF THE INVESTIGATION OR REPORT RESULTS IN A

11 DETERMINATION OF NO WRONGDOING, NO INVOLVEMENT IN ANY FRAUD,

12 WASTE, OR ABUSE, AND NO REFERRAL OF THE INVESTIGATION OR REPORT TO

13 ANY ADMINISTRATIVE OR PROSECTURIAL AGENCIES FOR FURTHER ACTION AS

14 TO THE EMPLOYEE; AND

15 (II) IF THE COUNTY ATTORNEY DECLINED TO PROVIDE LEGAL

16 COUNSEL TO THE EMPLOYEE BECAUSE OF A CONFLICT OF INTEREST OR THE

17 APPEARANCE OF A CONFLICT, OR IF THE EMPLOYEE RETAINED OUTSIDE LEGAL

18 COUNSEL IN ADDITION TO OR IN LIEU OF REPRESENTATION BY THE COUNTY

19 ATTORNEY;

20 (2) THE COUNTY MAY REIMBURSE THE EMPLOYEE AS PROVIDED IN

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.
1 § 4-3-205 OF THIS SUBTITLE FOR REASONABLE ATTORNEY FEES AND OTHER

2 RELATED LEGAL EXPENSES.

4 § 4-3-205.

5 (a) In order to receive reimbursement from the county as provided in this subtitle, an

6 employee who was a defendant in a civil or criminal proceeding OR INVOLVED IN AN

7 INVESTIGATION BY THE OFFICE OF THE INSPECTOR GENERAL shall submit to the

8 County Attorney:

9 (1) A bill for the employee's court costs, attorney fees, and other related legal

10 expenses; and

11 (2) An explanation of the bill.

12

13 SECTION 2. AND BE IT FURTHER ENACTED, that the first Inspector General was

14 appointed in 2020 serving an initial five-year term, as permitted in the original enabling

15 legislation (Bill No. 5-19) at that time and, unless removed for cause, shall be permitted to

16 complete that initial five-year term, with every other term of any Inspector General thereafter

17 consisting of four years.

18 SECTION 3. AND BE IT FURTHER ENACTED, that this Act shall take effect 45 days

19 after its enactment.

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3 EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
4 [Brackets] indicate matter stricken from existing law.
5 Strike out indicates matter stricken from bill.
6 Underlining indicates amendments to bill.

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