OVERVIEW

• The Role of the IG • Organization • American Recovery and Reinvestment Act of 2009 (ARRA) • What Are My Responsibilities • Mandatory Reporting • Whistle-Blower Act (Federal & State) • Conflicts of Interest • Contractual Requirements

The Role of the IG

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§ 20.055, F.S. – IG Authority

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Promote accountability, integrity, and efficiency in Government

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Keep Agency Head informed concerning fraud, abuses, and deficiencies

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Ensure effective coordination between Auditor General, Federal Auditors, and other governmental bodies

Organizational Chart

THE PEOPLE ALL OTHER STATE AGENCIES (40) GOVERNOR DEPARTMENT OF CHILDREN AND FAMILIES SECRETARY DEPUTY SECRETARY CHIEF INSPECTOR GENERAL INSPECTOR GENERAL ASSISTANT SECRETARY FOR ADMINISTRATION ASSISTANT SECRETARY FOR OPERATIONS ASSISTANT SECRETARY FOR SUBSTANCE ABUSE AND MENTAL HEALTH ASSISTANT SECRETARY FOR PROGRAMS

ORGANIZATION

Internal & Single Audit Investigations Appeal Hearings

NORTH Tallahassee SUNCOAST Tampa SOUTH Ft. Lauderdale CENTRAL Orlando

Investigative Unit

Responsible for initiating, conducting, organizing, and supervising investigations free of impairment and independence of the organization.

American Recovery and Reinvestment Act (ARRA)

The Office of Domestic Violence, Office on Homelessness, and Automated Community Connection to Economic Self-Sufficiency (ACCESS) are programs within the Department that have been designated to receive funds from the American Recovery and Reinvestment Act of 2009 (ARRA), which was recently approved by the U.S. Congress and the President.

The Department’s Office of Inspector General (OIG) is tasked with providing oversight, preventing fraud, and conducting audits and/or investigations related to the application for, distribution of, and use of any and all recipients of ARRA Funds, to include the Department, its Contracted Providers, and Sub-Contractors.

WHAT IS ARRA?

• Enacted by Congress in 2009 • Provides Federal Stimulus Dollars in an effort to increase economic recovery • Create Jobs • Retain Jobs

WHAT ARE MY RESPONSIBILITIES?

• Funds from the act require transparency and accountability.

• All funds must be tracked, accounted for, and reported on…separately from all other funds and cannot be co-mingled with any other funds.

• The Provider must track and report on the specific outcomes and benefits related to ARRA and must ensure the proper use of those funds.

MANDATORY REPORTING PROCEDURES Children and Families Operating Procedures 180-4 Suspected or confirmed allegations must be reported to the Office of Inspector General within two (2) business days of discovery.

Examples of Reportable Incidents

• Contract Fraud • Conflict of Interest • Misuse of Position or Property • Improper Expenditure or Commitment of Public Funds • Contract Mismanagement • Violation of Law, Rule, or Procedure • Inappropriate Employee Acts and/or Omissions that result in client injury, abuse, neglect, or death

FEDERAL WHISTLE-BLOWER ACT

Section 1533, Division A, Title XV ARRA Act of 2009

WHO IS PROTECTED?

Employees of Non-Federal Employers receiving ARRA Funds, which include the following entities: • State & Local Governments • Contractors • Sub-Contractors • Grantees • Professional Membership Organizations ( acting in the interest of Recovery Fund recipients )

What Are Whistle-Blowers Protected From?

Being discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure.

What Must the Disclosure Include?

The Disclosure Must Include Evidence of One of the Following: • Gross Mismanagement of an ARRA Grant or Contract • Gross Waste of ARRA Funds • A substantial and specific danger to public health or safety as related to the use of ARRA Funds • An abuse of authority related to the use of ARRA Funds • A violation of law, rule, or regulation related to an Agency ARRA Contract or Grant

UNDER FLORIDA STATUTE 112.3187-31895 WHO IS PROTECTED?

• Current or Former State Employees • Current or Former Employees of Contracted Agencies • Applicants for State or Contracted Agency Employment

It is the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against an employee or independent contractor who reports violations of law which creates a substantial or specific danger to the public’s health, safety, or welfare.

Employees should safeguard their ability to make objective, fair, and impartial decisions by not accepting any gift, benefit, or privilege that might appear to influence or reward a specific or future event.

Employees should avoid any conduct (whether in the context of business, financial, or social relationships) that might undermine the public trust…whether that conduct is unethical or lends itself to the appearance of ethical impropriety.

Employees shall not use, or attempt to use their official position for personal gain or confidential information for personal advantage.

Employees shall maintain high standards of honesty, integrity, & impartiality.

Employees shall place the interests of the public ahead of their own personal interests.

Contractual Requirements

Responsibilities

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Direct contract management for all Substance Abuse and Mental Health contracts in the Central Office Contract Managers are expected to collaborate with program staff as content experts, to ensure the program offices receive the desired outcomes for all contracted services.

The Contract Manager is the designated employee that is responsible for enforcing performance of the contract terms and conditions and to serve as a liaison with the contractor.

Sub-Contractors

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The Department-Contracted Provider must request and receive approval from the Department to sub-contract services for EACH fiscal year.

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Must not be federally de-barred or suspended (http://www.epls.gov)

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Not convicted of a Public Entity Crime.

Invoice Review

Oversight is considered part of the Contract Manager’s responsibilities and is not a substitute for Licensure, Audits, Monitoring, or Accreditations.

Opportunity for the Contract Manager to enhance communication and verify providers have delivered services identified for payment in the invoice.

Allowable Costs

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Reasonable

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Conform to Limitations, Exclusions and Governing Cost Principles

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Be consistent with Policy & Procedures of the organization

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Not included as a cost or matching requirement in State-financed programs

Unallowable Costs

• Alcoholic Beverages • Contributions • Donations • Entertainment • Fines / Penalties • Lobbying Expenses • Losses on other contracts • Public Relations • Travel in excess of Statutes

Inspector General Investigations

To file a complaint, please contact the Tallahassee office using one of the following methods: Mail: Phone: Fax: E-mail: 1317 Winewood Blvd., Bldg. 5, 2 nd Floor Tallahassee, FL 32399-0700 (850) 488-1225 (850) 488-1428 [email protected]

Field Offices: NORTH (Tallahassee) (850) 488-1225 CENTRAL (Orlando) (407) 999-5393 SUNCOAST (Tampa) (813) 375-3922 SOUTH (Ft. Lauderdale) (954) 713-3230