Sponsor:

State of Delaware
House of Representatives
145th General Assembly
House Bill No___

AN ACT TO AMEND THE CONSTITUTION OF THE STATE OF DELAWARE

TO DEFINE, CREATE AND MAINTAIN AN INDEPENDENT OFFICE OF THE
INSPECTOR GENERAL

1 The Constitution of the State of Delaware ( with two-thirds of the members of both

2 houses concurring in two successive sessions of the General Assembly ) is hereby

3 amended as follows:

4 Article [XIX]

5 Inspector General

6 Section 1. Inspector General to have special conservative powers.

5 There shall be established and maintained an independent Office of the Inspector

6 General which shall be vested with special investigative and prosecutorial powers over the

7 State, its political subdivisions, agencies, instrumentalities and assigns. The Inspector General

8 shall be considered as a Conservator of the Peace within the scope and purview of his lawful

9 authority as in Article XV of the Delaware Constitution.

10 Section 2. Duties and Powers.

11 The Inspector General shall have the power of special internal investigation of any

12 form of wrongdoing or defective performance of any agency or individual component

13 thereof as outlined in section 1 as well as full prosecutorial powers and other such

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14 administrative remedies to effect correction as necessary. The Office of Inspector General

15 shall conduct all such investigations objectively and in the greater public interest and in a

16 nonpolitical manner in a general legal framework of constitutional protection of the People

17 and State and in sound management of public resources.

18 Section 3. Term of Office

The term of office of the Inspector General shall be limited to two four-year terms.

19 Election of the Inspector General shall coincide with the general cycle corresponding to

20 the second year of the term of the Governor, and he shall be elected on a nonpartisan basis.

21 Section 3. Qualifications

22 The Inspector General shall be at least thirty years of age and, have been a citizen and

23 inhabitant of Delaware for two years before the day of his election unless he shall have

23 been absent on public business of the United States or of this State.

26 Section 4. Establishment

24 The General Assembly shall have the power to create and the duty to maintain this

25 office through appropriate legislation.

Synopsis:

This legislation creates a state constitutional amendment establishing an independent

Office of Inspector General.

WvB/IPOD/01282008 rev: 03262010_16:40EDT

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