Initiation of Investigations, Audits or Reviews

(1) General (a) The Inspector General, on his own motion, or in response to information or complaints received, may initiate investigations, audits, or reviews of legislation, regulations, policies or practices related to the prevention or detection of fraud, waste or abuse in the expenditure of state, federal, or local public funds or in the use of public propertyinprograms and operations involving or relating to the procurement ofconstruction, supplies, or services by agencies, bureaus, divisions, sections, departments, offices, commissions, institutions and activities of the Commonwealth including districts, authorities, instrumentalities or politicalsubdivisions created by the General Court and including cities and towns. (b) The initiation of any particular investigation, audit or review shall be within the discretion of the Inspector General. (2) Complaints, Information or Referrals (a) Complaints, information or referrals may be received by the Office of the Inspector General from any source. (b) Complaints, information or referrals received, including the identity of the complainant or informant or referralsource, are records of the Office of the Inspector General. Suchrecords are not public records withinthe meaning of M.G.L. c. 4, § 7 clause 26 and shall be kept confidential unless disclosure is deemed necessary in the performance of the duties of the Office. (c) Notwithstanding the provisions of 945 CMR 1.04(2)(b) or (d) or 1.04(3), disclosure of the existence or content of a complaint or information or the identity of a complainant or informant may be made by the Inspector General to the Inspector General Council. (d) A complainant or informant, other than a public employee covered by 945 CMR 1.04(3) may request anonymity or nondisclosure of his identity to specified persons or organizations. Such requests shall be in writing and shall be honored by the Inspector General and his agents and employees unless the Inspector General determines that such disclosure is necessary in relation to an investigation, audit or review, notice or referral being planned or conducted by the Office. Nonconsensual disclosure shall only be authorized when deemed necessary. Prior to making a nonconsensual disclosure, the Inspector General shall cause to be mailed, by certified mail, to a complainant or informant at his last and usual address, if known, notice of such nonconsensual disclosure. Upon such mailing the Inspector General may make the nonconsensual disclosure. (3) Complaints or Information from Public Employees (a) For purposes of this 945 CMR 1.04(3), "public employee" is a person performing services for, or holding an office, position, employment or membership in a federal, state, county or municipal agency, whether by election, appointment, contract for hire or engagement, whether serving with or without compensation, on a full time, regular, part time, intermittent or consultant basis. (b) The identity of a complainant or informant who is a public employee shall not be disclosed without the written consent ofsuch public employee unless the Inspector General determines that such disclosure is unavoidable or necessary in relation to an investigation, audit or review, notice or referral being planned or conducted by the Office. (c) Such written consent may specify certain individuals or organizations to whom disclosure is authorized and exclude others, or specify other limitations or conditions on disclosure. Such consent shall be signed by the public employee and shall be maintained as part of the case file or other pertinent record maintained by the Office of the Inspector General. (d) In the event that the Inspector General determines thatnonconsensualdisclosureisunavoidable or necessary, the public employee shall be notified in writing at least seven days prior to such disclosure. (e) In the event that a public employee complainant or informant is subject to an adverse personnel action related to his or her complaint or disclosure of information to the Office of the Inspector General, the InspectorGeneralor his designee may present evidence concerning the circumstances or content of the complaint or information or the circumstances and scope ofthe disclosure of the identity of the complainant or informant in any forum or tribunal considering or determining the rights of the complainant or informant under M.G.L. c. 12A, s. 14(c).