FAQS
What is fraud?
Any intentional deception designed to deprive the City unlawfully of something of value or to secure from the City for an individual benefit, privilege, allowance, or acceptance of bribes or gratuities, making false statements, submitting false claims, falsifying records and books of accounts, arranging for secret profits, kickbacks, or commissions, and conspiring to use any of these devices; Including conflict of interest cases, criminal irregularities, and the unauthorized disclosure of official information relating to procurement and disposal matters.
What is waste?
The careless and needless expenditure of Government funds, or the consumption of Government property that results from deficient practices, systems, controls, or decisions.
What is confidentiality?
Confidentiality: Kept secret within a certain circle of persons; not intended to be known publicly
Persons who contact the Office of the Inspector General may request confidentiality; however your identity may be revealed if it is the only way to effectively investigate the alleged matter or as otherwise required by law.
Who can file a complaint?
The Office of the Inspector General accepts complaints and allegations of fraud from everyone, including City Employees, contractors, customers and the general public.
What information should be included in complaint?
The complaint should include as many details as possible. In filing complaints try to answer the following questions:
- What happened?
- Who was involved?
- If a City of Newark Employee was involved please provide if available their name, title, and/or agency
- Where the employee works
- When did the incident occur?
- When did it happen?
- Is it still ongoing?
How was the Office of the Inspector General formed?
The Office of the Inspector General was formed pursuant to Executive Order # ME0-06-007 on March 28, 2007.
What is the function of the Office of Inspector General?
The Office of the Inspector General serves to promote efficiency , accountability, and integrity in City government; investigate complaints of fraud and abuse of offices in City government; to provide leadership and guidance in recommending policies and/or programs which raise awareness of all City officials; and employees regarding integrity and ethics related issues.
What type of complaints does the Office of the Inspector General investigate?
The Inspector General shall investigate all meritorious complaints, including complaints initiated on the Inspector General’s own initiative, based upon reasonable suspicion, of fraud or abuse of office involving:
- Any municipal officer, including but not limited to all heads of City departments, agencies, bureaus, and authorities and all persons exercising comparable authority
- Any member of a City board or commission whether elected or not
- Any City employee
- Any individual, organization, or business receiving City-granted funds or other benefits, including, but not limited to, loans, grants, tax credits, below market rate property transfers, Tax Increment Financing, Payments in lieu of Taxes, or other City subsides of any kind
- Any individual, organization, or business providing goods or services to City pursuant to a contract
- Any individual, organization, or business seeking certification of eligibility to provide goods or services to the City pursuant to a contract
What will the Office of the Inspector General do with a complaint?
Upon receipt of a complaint, the Inspector General shall determine if the complaint is meritorious. If the complaint is deemed meritorious, the Inspector General shall determine if the complaint is suitable for Informal Resolution or whether it should be the subject of a Formal Investigation. Any complaint received by the Inspector General that the Inspector General deems lack merit shall be dismissed by the Inspector General with no further action required.
What is misconduct?
Misconduct is the intentional or improper use of Municipal Government resources including misuse of position, authority or the misuse of resources such as tools, vehicles, or office equipment.
What will the Office of the Inspector General do with a complaint?
Upon receipt of a complaint, the Inspector General shall determine if the complaint is meritorious. If the complaint is deemed meritorious, the Inspector General shall determine if the complaint is suitable for Informal Resolution or whether it should be the subject of a Formal Investigation. Any complaint received by the Inspector General that the Inspector General deems lack merit shall be dismissed by the Inspector General with no further action required.
What is misconduct?
Misconduct is the intentional or improper use of Municipal Government resources including misuse of position, authority or the misuse of resources such as tools, vehicles, or office equipment.
What is done once a complaint is received by the Office of the Inspector General?
The information received is reviewed and evaluated to determine if an investigation or audit is warranted.
Can a City Employee file a complaint without losing their job?
1. Employer retaliatory action; protected employee actions The law prohibits an employer from taking any retaliatory action against an employee because the employee does any of the following:
a. Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the employer or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation issued under the law, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care;
b. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation issued under the law by the employer or another employer, with whom there is a business relationship, or, in the case of an employee who is a licensed or certified health care professional, provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into quality of patient care; or
c. Provides information involving deception of, or misrepresentation to, any shareholder, investor, client, patient customer, employee, former employee, retiree or pensioner of the employer or any governmental entity.
d. Provides information regarding any perceived criminal or fraudulent activity, policy or practice of deception or misrepresentation which the employees reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree, or pensioner of the employer or any governmental entity.
e. Objects to, or refuses to participate in, any activity, policy or practice which the employee reasonably believes:
1. is in violation of a law, or a rule or regulation issued under the law or, if the employee is a licensed or certified health care professional, constitutes improper quality of patient care;
2. is fraudulent or criminal; or
3. is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment. See N.J.S.A 34:19-3.
2. The protection against retaliation, when a disclosure is made to a public body, does not apply unless the employee has brought the activity, policy or practice to the attention of the supervisor of the employee by written notice and has given the employee the opportunity to correct the activity, policy or practice. However, disclosure is not required where the employee reasonably believes that activity, policy, or practice is known to one or more supervisors of the employer or where the employee fears physical harm as a result of the disclosure, provided that the situation is emergency in nature. See N.J.S.A 34:19-3
Are complaints kept confidential?
All records pertaining to an open investigation are consider confidential and not subject to public release; however once the investigation is closed, some may be subject to review as pursuant to the Open Public Record Act N.J.S.A 47:1A-1
How to file a complaint?
A complaint may be filed the following ways:
- Phone: (973) 733-3548
- Fax: (973) 733-9321
- Walk In: 9:00 AM to 4:30 PM
- Email: Inspectorgeneral@ci.newark.nj.us
- Mail: 60 Park Place
Suite 1012
Newark, NJ 07102