A proposal to create a new inspector general’s office that would have the authority to investigate administrative agencies for complaints alleging fraud, waste, abuse or corruption got a cool reception from officials of several state agencies during a state Senate committee hearing Wednesday.

Senate Bill 286 would also give the new agency, which would be attached with the state Auditor’s Office and the Legislature, the ability to arrest and possibly prosecute people.

The measure was introduced by Senate President Donna Mercado Kim (D, Kalihi Valley-Moanalua-Halawa), who first raised the idea as a move toward greater government transparency and accountability in her speech on the opening day of the Legislature on Jan. 21.

Deputy Attorney General Charlene Aina told members of the Judiciary Committee that while her agency is not opposed to the bill, the language in it is too broad and could lead to an overlap or duplication in duties tasked to the inspector general’s office with those handled by the Attorney General’s Office, Legislature, the state auditor and the ombudsman.

"We already have various agencies that would do what generally is described in this bill as what the inspector general would do," Aina said. "Particularly, from the attorney general’s responsibility as the state’s chief officer, we think it would improve this bill if brighter lines were described with respect to the distinctions made between investigating complaints and prosecuting complaints."

Even the Legislature can choose to create special investigatory committees either with the help of state deputy attorneys or independent legal counsel, she said.

Aina noted that on the federal level, separate inspector general offices focus on the management and administration of specific agencies.

Meanwhile, acting state Auditor Jan Yamane submitted written testimony suggesting that administrative oversight of the inspector general’s office ought to be with the state administration, not her agency.

Yamane noted that the measure calls for the inspector general to be nominated by the governor and confirmed by the Senate, and allows for only the governor to be able to fire the appointee for cause.

Two Hawaii residents submitted written testimony in favor of the bill, with one stating that the Department of the Attorney General has refused to investigate complaints.

Judiciary Committee members expressed mixed reaction to the measure.

Sen. Sam Slom (R, Diamond Head-Kahala-Hawaii Kai) said the agencies cited by Aina have been largely ineffective in rooting out wrongdoing and making improvements.

Slom asked that the Attorney General’s Office submit a list detailing the number of prosecutions it has undertaken that look into fraud, waste and corruption by state agencies.

"I’m sure you’re aware that the public is very unhappy, generally, with the fact that we in government allow things to continue without having consequences for bad behavior," Slom said. "The general public feels it has been disempowered."

Voter turnout is low "because a lot of people have given up (and) that nothing’s going to be done," he said.

But Sen. Will Espero (D, Ewa Beach-Iroquois Point) said he’s concerned that the bill would create "a state-level FBI" that has broad discretion to investigate whomever or whatever it wants. "(It) would be a very, very powerful agency," he said.

"It seems like a lot of (what) the bill is asking should be within your Attorney General’s Office," Espero said. He suggested that one way to address accountability concerns raised in the bill would be to pass legislation requiring that the attorney general be elected rather than appointed.

Gov. David Ige’s appointment of Attorney General-designate Doug Chin was made Jan. 16. His nomination is pending confirmation by the Senate.

Senate Judiciary Chairman Gilbert Keith-Agaran (D, Waihee-Wailuku-Kahului) said the committee will vote on the inspector general bill Tuesday.

On the Net
» To see the bill, visit: bit.ly/HI2015SB286.