OFFICE OF INSPECTOR GENERAL

M.G.L. pt. Part I, tit. Title II, ch. c. 12A

in effect

M.G.L. c. 12A, § 1 Definitions

c. 12A, § 1. Definitions Section 1. As used in this chapter, unless the context requires otherwise, the following words shall have the following meanings:— ''Construction'', the process of planning, acquiring, designing, building, altering, repairing, maintaining, servicing, improving, demolishing, equipping or furnishing any structure and appurtenance thereto, including facilities and utilities or other improvements of any kind to any real property and including, but not limited to, highways, airports, tunnels, sewers or dams; ''Procurement'', buying, purchasing, renting, leasing or otherwise acquiring or disposing of supplies, services, or construction; ''Supplies'', all property, including but not limited to equipment, materials, printing, insurance, and real property. ''Services'', the furnishing of labor, time, or effort by a contractor, as defined below. ''Public funds'', state, federal and local funds. ''Contractor'', any person, corporation, partnership, business, union, committee, or other organization, entity or group of individuals.

M.G.L. c. 12A, § 2 Establishment of office; appointment and removal of inspector general

c. 12A, § 2. Establishment of office; appointment and removal of inspector general Section 2. There is hereby established an office of inspector general, hereinafter called the office. There shall be in said office an inspector general, who shall be the administrative head of said office and who shall be appointed by a majority vote of the attorney general, the state auditor and the governor for a term of five years. The person so appointed shall be selected without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation or criminal justice administration. In case of a vacancy in the position of inspector general his successor shall be appointed in the same manner for the unexpired term. No person shall be appointed for more than two five-year terms. The person so appointed may be removed from office, for cause, by a majority vote of the attorney general, the state auditor, and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The reasons for removal of the inspector general shall be stated in writing and shall include the basis for such removal. Such writing shall be sent to the clerk of the senate, the clerk of the house of representatives and to the governor at the time of the removal and shall be deemed to be a public document.

M.G.L. c. 12A, § 3 Inspector general council; establishment

c. 12A, § 3. Inspector general council; establishment Section 3. There shall be an inspector general council which shall consist of the attorney general or a designee, the state auditor or a designee, the secretary of public safety and security or a designee, the state comptroller or a designee, an attorney admitted to practice law within the commonwealth appointed by the attorney general from a list of 3 such attorneys submitted by the speaker of the house, a person with experience in business or accounting or on the faculty of a college of business or of accounting within the commonwealth appointed by the state auditor from a list of 3 such persons submitted by the president of the senate, a member of the public appointed by the governor from a list of 3 names submitted by the minority leader of the house of representatives and a member of the public appointed by the governor from a list of 3 names submitted by the minority leader of the senate. The appointive members shall serve for a term of three years and shall be compensated for work performed for the inspector general council at such rate as the secretary of administration shall determine and shall be reimbursed for expenses necessarily incurred in the performance of their duties. The inspector general shall meet with the inspector general council at least quarterly and may consult or request the assistance of members of the inspector general council with respect to the duties and responsibilities of the office.

M.G.L. c. 12A, § 4 Employees; appointment and removal, salaries, qualifications

c. 12A, § 4. Employees; appointment and removal, salaries, qualifications Section 4. The inspector general may, subject to appropriation, appoint and may remove such employees, as he deems necessary to perform the duties of his office, including but not limited to assistant inspectors general, chief and deputy counsels, clerks, paralegals, accountants, auditors, financial management analysts and investigators and may determine their salaries and duties; provided, however, that the total amount of all such salaries shall not exceed the sum appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the office. The inspector general may establish personnel regulations for the officers and employees of the office. He shall file an annual personnel report not later than the first Wednesday in February with the senate and house committees on ways and means containing the job classifications, duties and salary of each officer and employee within the department together with personnel regulations applicable to said officers and employees. He shall file amendments to such report with the senate and house committees on ways and means whenever any changes become effective. The inspector general may establish motor vehicle regulations for the officers and employees of the office of the inspector general and the provisions of section thirty-six of chapter thirty shall not apply to officers and employees with the office. With the exception of the attorney general, the state auditor, the secretary of public safety, and the state comptroller, no member of the inspector general council or officer or employee of the office of inspector general shall hold, or be a candidate for, any elective public office while an officer or employee, or for three years thereafter, nor shall he hold office in any political party or political committee, or participate in any political campaign of any candidate for public office while an officer or employee. The estimate of the amount required for the maintenance of the office required to be filed under section three of chapter twenty-nine shall be submitted by the inspector general with the advice and consent of the inspector general council. The inspector general, with the advice and consent of the inspector general council may apply for and receive federal funds in order to fulfill the duties and responsibilities of the office.

M.G.L. c. 12A, § 5 Inspector general; salary

c. 12A, § 5. Inspector general; salary Section 5. The inspector general council shall annually set the salary of the inspector general which salary shall not exceed ninety per cent of the salary of the chief justice of the supreme judicial court.

M.G.L. c. 12A, § 6 Rules and regulations

c. 12A, § 6. Rules and regulations Section 6. The office shall, pursuant to the provisions of chapter thirty A, promulgate rules and regulations which shall govern its proceedings. The state secretary shall not accept for filing any such regulations unless such regulation has, in addition to compliance with all applicable provisions of chapter thirty A, been approved by the general court and the governor. Any such regulations, adopted by the office, after compliance with all applicable provisions of said chapter thirty A, be filed with the house of representatives under the provisions of this section and shall be accompanied by a summary of said regulations. Such regulation shall be referred to the appropriate joint standing committee within five days of the filing thereof. The said committee shall consider the proposed regulations and shall report to the general court within forty-five days whether or not such regulations should be adopted. The clerk of the senate shall cause any such regulations approved by both branches of the general court within seventy-five days from the time of filing of the same with the house of representatives, to be forwarded to the governor for his approval; provided, that any such regulations which are not approved by the general court and the governor within ninety days of such filing shall be deemed to have been disapproved. If the governor approves any such regulations so submitted he shall forward the same to the state secretary who shall publish the same in accordance with section five of chapter thirty A. Emergency regulations may be adopted by the office after the prorogation of the general court in the manner provided by said section five of chapter thirty A; provided, that such regulations shall be filed with the house of representatives for submission to the next session of the general court for approval as hereinbefore provided; and provided, further, that such regulations shall not remain in force for more than ninety days after the general court has convened for such session.

M.G.L. c. 12A, § 7 Purpose

c. 12A, § 7. Purpose Section 7. The office of inspector general 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 procurement of any supplies, services, or construction, by agencies, bureaus, divisions, 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 the cities and towns.

M.G.L. c. 12A, § 8 Duties

c. 12A, § 8. Duties Section 8. The inspector general may supervise, coordinate and conduct audits and investigations, when necessary, relating to programs and operations described in section seven. He shall review legislation and regulations relating to programs and operations described in said section seven 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 and abuse. The person in charge of, or the governing body of any public body described in said section seven, may request the assistance of the office of inspector general with respect to implementation of any suggested policy. In that event the inspector general 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 and 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 seven.

M.G.L. c. 12A, § 9 Inspection of records and papers; investigations; summons

c. 12A, § 9. Inspection of records and papers; investigations; summons Section 9. The inspector general in carrying out the provisions of this chapter shall have access to all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence, including information relative to the purchase of services or anticipated purchase of services from any contractor by any public body, and any other data and material that is maintained by or available to any public body described in section seven which in any way relate to the programs and operations with respect to which the inspector general has duties and responsibilities except records under the provisions of section eighteen of chapter sixty-six as defined in section three of said chapter sixty-six. He may request such information, cooperation and assistance from any state, county or local governmental agency as may be necessary for carrying out his duties and responsibilities. Upon receipt of such request each person in charge of, or the governing body of any public body described in section seven, shall furnish to the inspector general or his authorized agent or representative such information, cooperation and assistance, including information relative to the purchase of services or anticipated purchase of services from any contractor by any public body, except records under the provisions of section eighteen of chapter sixty-six as defined in section three of said chapter sixty-six. He may make such investigations, audits and reports relating to the administration of the programs and operations of the applicable public bodies described in section seven, as are in the judgment of the inspector general necessary and may conduct an examination of any public documents. He shall have direct and prompt access to the head of any public body described in section seven, when necessary for any purpose pertaining to the performance of his duties and responsibilities under this chapter. He may request the production, on a voluntary basis, of testimony or documents from any individual firm or non-governmental entity which relate to his duties and responsibilities. The inspector general may require by summons, the production of all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to any matter under audit or investigation pursuant to the provisions of this chapter except records under the provisions of section eighteen of chapter sixty-six as defined in section three of said chapter sixty-six. 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 commonwealth, and all provisions of law relative to said summons shall apply to a summons issued pursuant to this chapter. Any justice of the superior court department in the trial court may, upon application by the inspector general, issue an order to compel the production of records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material as aforesaid in the same manner and to the same extent as before said superior court department. Any failure to obey such order may be punished by said court as contempt. Any summons issued pursuant to this section shall not be made public by the inspector general or any officer or employee of his department, nor shall any documents provided pursuant to this section be made public until such time as it is necessary for the inspector general to do so in the performance of his duties. The production of such books and papers pursuant to summons shall be governed by the same provisions with reference to secrecy which govern proceedings of a grand jury. Disclosure of such production, attendance, and testimony may be made to such members of the staff of the office of inspector general as is deemed necessary by the inspector general to assist him in the performance of his duties and responsibilities under this chapter and such members of the staff may be present at the production of records.

M.G.L. c. 12A, § 10 Reports to attorney general or United States attorney

c. 12A, § 10. Reports to attorney general or United States attorney Section 10. In carrying out his duties and responsibilities, the inspector general shall report to the attorney general, the United States attorney, or both, whenever the inspector general has reasonable grounds to believe there has been violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings. When authorized by a majority vote of the inspector general council, the inspector general shall refer audit or investigative findings to the state ethics commission, or to any other federal, state or local agency, which has an interest in said findings. Any referrals made under this section shall not be made public.

M.G.L. c. 12A, § 11 Civil actions

c. 12A, § 11. Civil actions Section 11. The inspector general shall have the authority to institute a civil recovery action if authorized by the attorney general. In any case where the inspector general 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 authorize the institution of appropriate civil proceedings by the inspector general, may retain the matter for further investigation, or may remand the matter to the inspector general for further investigation.

M.G.L. c. 12A, § 12 Annual and interim reports

c. 12A, § 12. Annual and interim reports Section 12. The office of inspector general shall, not later than April thirtieth of each year, prepare a report summarizing the activities of the office for the prior calendar year. The office of inspector general may also prepare interim reports. These reports shall be forwarded to the governor, president of the senate, speaker of the house of representatives, the chairman of the house and senate committees on ways and means, the executive director of the legislative post-audit committee and the secretary of administration and shall be made available to the public. The report shall include, but not be limited to: a description of significant problems in the areas of fraud, waste and abuse within programs and operations within the jurisdiction of the office; a description of the recommendations for corrective action made by the office during the reporting period with respect to significant deficiencies in the areas of fraud, waste and abuse; the identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted; a summary of any matters concerning the recovery of monies as a result of civil suit by the office of inspector general or a referral to another agency for the purposes of such suit; a list of each audit report completed by the office during the reporting period; a statement of recommendations of amendments to this chapter or the rules, regulations or procedures governing the office of inspector general which would improve the effectiveness or the operation of the office of inspector general. A copy of such report to the general court shall be forwarded to the head or governing body of each public body referred to in the report from whom the inspector general requires a response. The head or governing body of, each public body may, within sixty days of receipt of such report, comment upon any references to such agency contained within such report. Such comment, if any, shall be forwarded to the president of the senate, the speaker of the house of representatives, the chairman of the house and senate committees on ways and means, the executive director of the legislative post-audit committee, the secretary of administration, and the office of inspector general. The report of the inspector general shall be made public on the day of filing; provided, however, that the report shall not list the names of individuals or corporations nor describe them with such sufficient particularity as to readily identify them to the general public in those cases in which no official disposition has been made by the office of inspector general or the office of attorney general or the federal prosecutor.

M.G.L. c. 12A, § 13 Confidentiality of records

c. 12A, § 13. Confidentiality of records Section 13. All records of the office of inspector general shall be confidential unless, it is necessary for the inspector general to make such records public in the performance of his duties, and shall not be public records as defined in section seven of chapter four. Violation of the provisions of section nine and section ten relative to the secrecy of proceedings by the inspector general or any member of the staff, or by any member of the inspector general council, shall be punished by imprisonment in a jail or house of correction for not more than six months or by a fine of not more than one thousand dollars.

M.G.L. c. 12A, § 14 Complaints by public employees; investigation

c. 12A, § 14. Complaints by public employees; investigation Section 14. (a) The inspector general 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 as described in section seven. (b) 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 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 employees as a reprisal for making a complaint or disclosing information to the inspector general, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

M.G.L. c. 12A, § 15 Summons for witness to attend and testify

c. 12A, § 15. Summons for witness to attend and testify Section 15. Whenever the inspector general has reason to believe that a person has information with respect to any matter which is within the inspector general's jurisdiction to investigate, he may require by summons the attendance and testimony under oath of said person; provided, however, that such summons may be issued by the inspector general only with prior approval of six members of the inspector general council. The approval of six members of the inspector general council for the issuance of a summons pursuant to this paragraph shall be obtained only after information concerning the matter under investigation has been presented to said council, which information shall include: the name and address of the prospective witness; the subject of the investigation; a summary of the status of the investigation; a summary of the reasons for requesting a summons for testimony; and a summary of the general scope of the inquiry to be made of a prospective witness. Such summons shall be served by the inspector general or anyone duly authorized by him, in the same manner as a summons for a witness in a civil case issued on behalf of the commonwealth, and all provisions of law relative to such summons issued in such case shall apply to a summons issued under this section. A witness required by summons to attend and testify under oath and produce books and records shall be given not less than forty-eight hours' notice of the time and place of the taking of testimony, unless such notice shall unduly interfere with the conduct of the investigation and prior approval for a shorter period of time for such summons and notice has been obtained from at least six members of the inspector general council. Such witness, at the time of service of said summons, shall be notified of the matter under investigation concerning which such witness will be required to testify and shall be given a copy of the rules of procedures adopted by the inspector general, shall be notified that his testimony will be taken at a private session, whether the issuance of such summons was approved by the inspector general council and whether the witness is a subject of an investigation. A subject of an investigation is a person whose conduct is within the scope of the investigation. The failure to furnish such witness with any notice or information required to be given by this section shall cause the said summons to be invalid. In addition, the witness shall be notified that he has a right to consult with and to have an attorney present at the time the testimony is taken and that he has a constitutional right not to furnish or produce evidence which may tend to incriminate him. A person summonsed to attend and testify under oath shall appear and testify under oath before at least two persons, one of whom shall be the attorney general or his designee, the state auditor or his designee, the secretary of public safety or his designee, the state comptroller or his designee, or other members of the inspector general council, and the other of whom shall be the inspector general or an employee of the office who is an attorney admitted to practice in the commonwealth and approved by the inspector general council. The terms of any such summons must be reasonable, and the information sought from the summonsed witness must be reasonably related to the subject matter under investigation. No such summons may be issued for purposes of harassment or for any illegitimate or improper purpose. All constitutional and statutory rights and privileges which exist with respect to any summons issued by a court, including the privilege against self-incrimination, shall have the same force and effect with respect to any such summons issued by the inspector general. A summonsed person may object to the summons served upon him in advance of the return date of the summons by a complaint in the nature of a motion to quash filed in the superior court department of the trial court in Suffolk county. The filing of a complaint in the nature of a motion to quash shall stay all pending summons until further order of the superior court. Any justice of the superior court may, upon application by the inspector general, issue an order to compel the attendance of witnesses summonsed as aforesaid and the giving of testimony under oath in furtherance of any audit or investigation under this chapter in the same manner and to the same extent as before the superior court. Failure to obey any order of the court with respect to said summons may be punished by said court as contempt. Any summons issued pursuant to this section shall not be made public by the inspector general or any persons subject to his direction or by any member of the inspector general council or person designated to hear testimony under this section, and testimony given shall be governed by the same provisions with reference to secrecy which govern grand jury proceedings. Whoever violates the provisions of this paragraph shall be punished by imprisonment for not more than six months in a jail or house of correction or by a fine of not more than one thousand dollars. Disclosure of such testimony may be made to such members of the staff of the office of inspector general as is deemed necessary by the inspector general to assist him in the performance of his duties and responsibilities under this chapter and such members of the staff may be present at the taking of such testimony.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter12AFetched: 10/20/2026