§ 9 — Internal special audit unit

Section 9. (a) There shall be within the department but not subject to the department's control an internal special audit unit. The inspector general shall appoint a director of internal special audits who shall serve as an assistant inspector general under the supervision of the inspector general and who shall serve for a term of 6 years. The inspector general may remove the director for cause and shall fill any vacancy for the remainder of the unexpired term. The director shall devote full time and attention to the duties of the unit.(b) The director may appoint and remove, subject to the approval of the inspector general, such persons as the director shall deem necessary to perform the functions of the unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to those employees. Employees of the unit shall have experience with accounting, auditing, financial analysis, applicable law, business management and public administration and shall devote their full time and efforts to the unit. Employees shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to chapter 12A. Each person appointed to a position in the unit shall have experience and skill in the field of the person's position.(c) Pursuant to chapter 12A, the unit shall monitor the quality, efficiency and integrity of the department's operating and capital programs, including those of the Massachusetts Bay Transportation Authority, and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public or private transportation funds. In accordance with said chapter 12A, the department shall cooperate with the unit in carrying out the unit's duties, including granting access to persons, documents, databases, electronic data and other materials deemed necessary by the director to conduct an investigation, audit or review.(d) The director may report and refer any instances of fraud, waste or abuse in the expenditure of transportation funds or the procurement of any supplies, services or construction by the department to the inspector general for investigation pursuant to chapter 12A and the results of such investigation may be referred to the attorney general for appropriate action.[ Subsection (e) effective until March 29, 2023. For text effective March 29, 2023, see below.](e) The director shall submit an annual report of the unit's activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation, to the joint committee on transportation and the house and senate committees on ways and means on or before March 15 of each year. The secretary shall make the annual report and all such reports from previous years available on the department's website.[ Subsection (e) as amended by 2023, 2, Sec. 4 effective March 29, 2023. For text effective until March 29, 2023, see above.](e) The director shall submit to the inspector general, for inclusion in the annual report pursuant to section 12 of chapter 12A, a report of the unit's activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation. The inspector general shall submit the annual report to the joint committee on transportation not later than April 30 of each year. The secretary shall make the annual report and all such reports from previous years publicly available on the department's website.