§ 4-404

Maryland § 4-404

• Jurisdiction: Maryland
• Article ged: Education
• Title: 4

Text

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Abuse” means an employee’s intentional misconduct or misuse of authority or position:

1. Involving property or funds of the local school system that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or

2. For the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate.

(ii) “Abuse” includes:

1. Theft or misappropriation of property or funds of the local school system; and

2. Destruction or alteration of official records.

(3) (i) “Fraud” means an intentional act or attempt to obtain something of value from the local school system or another person through willful misrepresentation.

(ii) “Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, that causes the local school system to act, or fail to act, to the detriment of the interest of the local school system.

(4) “Local school system” means the Prince George’s County public school system.

(5) “Office” means the Office of Integrity and Compliance in the local school system.

(6) “Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the local school system for consideration, including contracts and subcontracts for construction and professional services related to construction.

(7) (i) “Waste” means an inappropriate act or omission by an employee with control over or access to local school system property or funds that unreasonably deprives the local school system of value.

(ii) “Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct that a prudent person would consider necessary to preserve the value of property or funds of the local school system under the same facts and circumstances.

(b) This section applies only in Prince George’s County.

(c) (1) There is an Office of Integrity and Compliance in the local school system.

(2) The Office is an independent unit within the local school system.

(3) (i) The County Council of Prince George’s County shall select, appoint, and contract with an Integrity and Compliance Officer.

(ii) The County Council shall select the Integrity and Compliance Officer solely on the basis of professional ability and personal integrity, without regard to political affiliation.

(iii) The Integrity and Compliance Officer must be qualified professionally by experience or education in auditing, government operations, or financial management.

(d) (1) The term of the Integrity and Compliance Officer is 4 years beginning on the date of appointment.

(2) An individual may not serve as Integrity and Compliance Officer for more than three terms.

(3) The Integrity and Compliance Officer continues to serve until a successor is appointed.

(4) If a vacancy occurs for the Integrity and Compliance Officer, the County Council shall appoint an Interim Integrity and Compliance Officer to serve for the remainder of the unexpired term.

(5) The County Council may remove the Integrity and Compliance Officer only through a majority vote of the County Council for neglect of duty, malfeasance, conviction of a felony, or other good cause.

(6) The Integrity and Compliance Officer shall serve as an independent employee within the local school system.

(7) The Integrity and Compliance Officer shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during the Integrity and Compliance Officer’s term.

(e) (1) The Office shall:

(i) Assist the County Council and the local school system by providing independent evaluation and recommendations regarding opportunities to:

1. Preserve the local school system’s reputation; and

2. Improve the effectiveness, productivity, or efficiency of local school system programs, policies, practices, and operations;

(ii) Ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of property or funds of the local school system;

(iii) Examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies; and

(iv) Report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct.

(2) (i) The Office may employ staff in order to execute the duties of the Office.

(ii) Staff employed by the Office shall serve under the supervision and direction of the Integrity and Compliance Officer.

(3) In developing recommendations, the Office may:

(i) Conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews;

(ii) Provide management advisories; and

(iii) Utilize the assistance from any other government agency or private party to complete a project initiated by the Office.

(4) When applicable, the Integrity and Compliance Officer shall comply with generally accepted government auditing standards.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, the Integrity and Compliance Officer shall publish on the Office’s website, in a readily available location:

1. A report at least once every 2 years, beginning in fiscal year 2025, that summarizes the activities, findings, recommendations, and accomplishments of the Office; and

2. Any official written comments or responses offered by the local school system administration with any report published by the Office.

(ii) The Integrity and Compliance Officer:

1. May not disclose any record, report, or related information that is protected from disclosure under the Public Information Act;

2. May provide an oral report if appropriate under generally accepted government auditing standards; and

3. Shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information.

(6) If reasonable grounds exist to believe that a serious violation of federal, State, or local law has occurred, the Integrity and Compliance Officer shall report the allegation to:

(i) An appropriate law enforcement agency;

(ii) The State Ethics Commission; or

(iii) Any other agency with jurisdiction to enforce the law.

(f) (1) The Integrity and Compliance Officer shall coordinate with the local school system to develop a written work plan and establish periodic goals and priorities for the Office based on an assessment of relative risks.

(2) In developing the work plan, the Integrity and Compliance Officer shall take into consideration requests from:

(i) Officers, administrators, and employees of the local school system;

(ii) Elected officials; and

(iii) Members of the public.

(3) The Integrity and Compliance Officer shall make the written work plan available to the public, subject to the Public Information Act.

(g) (1) (i) On request from the Integrity and Compliance Officer, an employee or official of the local school system shall provide promptly to the Integrity and Compliance Officer any available document or other information concerning the local school system’s operations, budget, programs, or vendor contracts.

(ii) 1. The Integrity and Compliance Officer shall notify the county board and the County Superintendent if any employee or official of the local school system fails to provide any information or document requested under this paragraph with reasonable promptness.

2. The county board and the County Superintendent shall take appropriate administrative action to produce local school system compliance with a pending request for information by the Integrity and Compliance Officer.

(2) (i) On request from the Integrity and Compliance Officer, a vendor of the local school system shall provide promptly to the Integrity and Compliance Officer any available document or other information concerning any local school system vendor contract, including documents related to the procurement of the contract.

(ii) 1. The Integrity and Compliance Officer shall notify the county board, the County Superintendent, and the local school system if any vendor fails to provide any information or document requested under this paragraph with reasonable promptness.

2. The county board and the County Superintendent shall take appropriate administrative or civil action to produce vendor compliance with a pending request for information by the Integrity and Compliance Officer.

(h) (1) Each local school system employee should report any fraud, waste, or abuse to the Office.

(2) A local school system employee, vendor, or employee of any vendor may not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Integrity and Compliance Officer in connection with any activity authorized by this section.

(3) The Integrity and Compliance Officer may not disclose the identity of a person that reports an allegation of fraud, waste, or abuse unless:

(i) The reporting person consents to disclosure of the person’s identity;

(ii) Disclosure is reasonably necessary to complete an audit or investigation; or

(iii) Another person is legally entitled to disclosure of the identity of the reporting person.

(i) (1) The Integrity and Compliance Officer may administer an oath or affirmation or take an affidavit from any person if necessary to perform the duties under this section.

(2) The Integrity and Compliance Officer may administer an oath and take a deposition and other testimony for the purpose of investigating fraud, waste, or abuse within the local school system.

(3) The Integrity and Compliance Officer may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the local school system.

(4) If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Integrity and Compliance Officer, a court of competent jurisdiction may compel:

(i) Compliance with the order or subpoena; or

(ii) Testimony or the production of evidence.

(j) (1) Each year the Integrity and Compliance Officer shall submit to the county board a projected budget for the Office for the upcoming fiscal year.

(2) The county board shall include in the county board’s annual operating budget proposal the amounts recommended by the Integrity and Compliance Officer for the Office for the upcoming fiscal year.