07/11/2024 - Jefferson City, MO
Legislation signed
into law today by Governor Mike Parson removes a significant barrier for
Missouri taxpayers who want to make sure their local government officials are
held accountable for their actions when wrongdoing occurs. House Bill 2111 will give State
Auditor Scott Fitzpatrick greater discretion to audit municipalities when
improper activity is uncovered, and also enhance his office's investigative
authority to help detect fraud and abuse at the local level.
"Thank you to Governor Parson for his support of our legislation and our effort to enhance transparency and accountability in our local government entities, where unfortunately we have far too often seen fraud and abuse go unchecked," said Auditor Fitzpatrick. "This is a big win for Missourians who want to make sure officials who violate the public's trust are held accountable, but don't have the time or resources to collect signatures to invite us in for an audit, and a big loss for wasteful bureaucrats and criminals who target taxpayers funds. Now we will be able to more effectively investigate potential wrongdoing, and then take action to move into an audit that will expose any fraud or abuse and prevent it from continuing."
Under current state law, the State Auditor's Office has the ability to investigate whistleblower complaints but, even if the investigation uncovers wrongdoing, the office is not authorized to move to an audit of counties that have a county auditor, or political subdivisions such as municipalities, fire protection districts, ambulance districts, and sewer districts. For these governmental entities, the State Auditor's Office has to be invited in by the governing body or by a petition signed by voters even in cases where an initial investigation uncovers the likelihood of fraud.
House Bill 2111 will allow the State Auditor's Office to bypass the need for an invitation in cases where an investigation finds improper government activity has occurred. In addition, an audit could be conducted upon request by a prosecuting attorney, circuit attorney, or law enforcement agency as part of an investigation of improper activity.
House Bill 2111 also contains provisions to
allow the State Auditor's Office to use its subpoena power during the
investigative process. The existing authority to issue subpoenas during an
audit allows the office access to vital information it may not otherwise be
able to obtain, and expanding that authority to the investigative process will
assist the office in conducting a more effective review to determine if
improper governmental activity is occurring.
The bill also provides additional
protections for whistleblowers who submit information to the State Auditor's
Office. Fitzpatrick said the change will allow his office to better
protect the identity of a whistleblower who wants to expose government
corruption, but may be hesitant to come forward due to fear of retaliation if
their identity is exposed.
With Governor Parson's
signature, the provisions in the bill will now take effect as law on August 28
of this year. The bill, which was sponsored by state Representative Phil
Christofanelli and handled in the Missouri Senate by state Senator Travis
Fitzwater, was previously approved without opposition by the Missouri General
Assembly with votes of 32-0 in the Missouri Senate and 145-0 in the Missouri
House.