by James C. Sherlock
Statutory powers and responsibilities do not bestow competence.
The General Assembly created the Office of the State Inspector General (OSIG) within the Office of the Governor in 2011. The powers and duties of that office are defined in Code of Virginiaย ยง 2.2-309. The role focuses on detecting fraud, waste, and abuse in the executive branch. Additional duties are assigned, one of which will be the primary focus of this article.
State agencies, officers, and employees are directed to cooperate with OSIG investigations, and the Governor is prohibited from interfering with any such investigation. OSIG is grantedย police andย subpoena powers.
Wow, huh?
Pretty scary. It is meant to be.
This reporter has found that the issues some might consider government โfraud, waste, or abuseโ most often involve misfeasance – carelessness or negligence in the performance of a lawful act. He figures that OSIG must have the same experience. Misfeasance is a mistake, not a crime.
But State Inspectors General are necessary. The issue in Virginia is that the OSIG’s responsibilities are both overly broad and have not been executed well.
2019 JLARC assessment
The Joint Legislative Audit and Review Commission (JLARC) has not been kind in its reviews of OSIG. The criticism has been strikingly direct.
In 2019, JLARC found OSIG had failed in three key missions:
- OSIG is not adequately fulfilling its intended role as a centralized investigative agency
- OSIG has struggled to build a fully effective performance audit function, and
- OSIG has not adequately fulfilled its statutory responsibility to oversee behavioral health and developmental services facilities and providers
A personal note. If the author, twice in command during his naval career, had received such a review, he would have been summarily relieved. He would have deserved it.
Things have not gotten noticably better since.
















