Bill Text: AZ SB1408 | 2020 | Fifty-fourth Legislature 2nd Regular | Chaptered
Bill Title: Ombudsman-citizens aide; continuation; reports; assistants
Spectrum: Bipartisan Bill
Status: (Passed) 2020-03-24 - Chapter 44 [SB1408 Detail]
Download: Arizona-2020-SB1408-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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CHAPTER 44
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SENATE BILL 1408 |
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AN ACT
amending sections 41‑1376 and 41‑1376.01, Arizona Revised Statutes; repealing section 41‑3020.22, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3028.22; relating to the OFFICE of ombudsman‑citizens aide.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1376, Arizona Revised Statutes, is amended to read:
41-1376. Powers and duties
A. The ombudsman‑citizens aide shall:
1. Investigate the administrative acts of agencies pursuant to section 41‑1377, subsections A and B except as provided in section 41‑1377, subsections C, D and E. The ombudsman‑citizens aide shall investigate the administrative acts of an agency without regard to the finality of the administrative act.
2. Annually before January 1 prepare a written report to the governor, the legislature and the public that contains a summary of the ombudsman‑citizens aide's activities during the previous fiscal year. The ombudsman‑citizens aide shall semiannually present this report annually before the legislative council and distribute copies of the report to the director of the governor's office of strategic planning and budgeting, the chairperson of the joint legislative budget committee and the cochairpersons of the administrative rules oversight committee. This report shall include:
(a) The ombudsman‑citizens aide's mission statement.
(b) The number of matters that were within each of the categories specified in section 41‑1379, subsection B.
(c) Legislative issues affecting the ombudsman‑citizens aide.
(d) Selected case studies that illustrate the ombudsman‑citizens aide's work and reasons for complaints.
(e) Ombudsman‑citizens aide's contact statistics.
(f) A description of the public awareness and outreach activities conducted by the ombudsman‑citizens aide.
(g) Ombudsman‑citizens aide's staff.
3. Before conducting the first investigation, adopt rules that ensure that confidential information that is gathered will not be disclosed.
4. Appoint a deputy ombudsman and prescribe the duties of employees or, subject to appropriation, contract for the services of independent contractors necessary to administer the duties of the office of ombudsman‑citizens aide. All staff serves at the pleasure of the ombudsman‑citizens aide, and they are exempt from chapter 4, articles 5 and 6 of this title. All staff shall be subject to the conflict of interest provisions of title 38, chapter 3, article 8.
5. Before conducting the first investigation, adopt rules that establish procedures for receiving and processing complaints, including guidelines to ensure each complainant has exhausted all reasonable alternatives within the agency, conducting investigations, incorporating agency responses into recommendations and reporting findings.
6. Notify the chief executive or administrative officer of the agency in writing of the intention to investigate unless notification would unduly hinder the investigation or make the investigation ineffectual.
7. Appoint an assistant to help the ombudsman‑citizens aide investigate complaints relating to the department of child safety. The assistant shall have expertise in the department of child safety procedures and laws. Notwithstanding any law to the contrary, the ombudsman‑citizens aide and the assistant have access to the department of child safety records and to any automated case management system used by the department of child safety.
B. After the conclusion of an investigation and notice to the head of the agency pursuant to section 41‑1379, the ombudsman‑citizens aide may present the ombudsman‑citizens aide's opinion and recommendations to the governor, the legislature, the office of the appropriate prosecutor or the public, or any combination of these persons. The ombudsman‑citizens aide shall include in the opinion the reply of the agency, including those issues that were resolved as a result of the ombudsman‑citizens aide's preliminary opinion or recommendation.
Sec. 2. Section 41-1376.01, Arizona Revised Statutes, is amended to read:
41-1376.01. Additional powers and duties; definitions
A. In addition to the powers and duties prescribed in section 41‑1376, the ombudsman‑citizens aide shall appoint two assistants, one of whom shall be one assistant who is an attorney, to help the ombudsman‑citizens aide investigate complaints relating to public access laws involving an agency and complaints and compliance with reporting requirements pursuant to this article. The assistants assistant shall train public officials and educate the public on the rights of the public and the responsibilities of public agencies under the public access laws. The assistants assistant shall prepare interpretive and educational materials and programs in cooperation with the ombudsman‑citizens aide and shall distribute to elected or appointed public officials the public access laws and educational materials concerning the public access laws.
B. The annual report of the ombudsman-citizens aide shall include the following information about public access:
1. The number of inquiries that are received from the public, the media and government agencies.
2. The number of inquiries that are received about state agencies, county agencies, city or town agencies, school districts and other local jurisdictions.
3. The number of requests that are received concerning public records and public meetings.
4. The number of investigations that are conducted and the results of the investigations.
C. For investigations made pursuant to this section, the ombudsman‑citizens aide may:
1. Make inquiries and obtain information considered necessary subject to the restrictions in section 41‑1377.
2. Enter without notice to inspect agency premises with agency staff on the premises.
3. Hold hearings.
4. Notwithstanding any other law, have access to all agency records, including confidential records, except:
(a) Sealed court records without a subpoena.
(b) Active criminal investigation records.
(c) Records that could lead to the identity of confidential police informants.
(d) Attorney work product and communications that are protected under attorney-client privilege.
(e) Confidential information as defined in section 42‑2001, except as provided in section 42‑2003, subsection L.
(f) Information protected by section 6103(d), 6103(p) or 7213 of the internal revenue code.
(g) Confidential information relating to section 36‑2903, subsection I, section 36‑2917, section 36‑2932, subsection F or section 36‑2972.
(h) Confidential information relating to sections 36‑507, 36‑509 and 36‑2220.
(i) Documents that are protected by section 214 of the critical infrastructure information act of 2002 (6 United States Code section 133(a)) or by 49 Code of Federal Regulations part 1520.
(j) Information that is protected by section 214 of the critical infrastructure information act of 2002 (6 United States Code section 133(a)) or 49 Code of Federal Regulations part 1520 or critical infrastructure information as defined by in section 41‑1801 on government owned facilities that are classified as critical infrastructure by the federal government or as defined by in section 41‑1801.
5. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence to which the ombudsman‑citizens aide may have access pursuant to paragraph 4 of this subsection. The ombudsman‑citizens aide may only issue a subpoena if the ombudsman‑citizens aide has previously requested testimony or evidence and the person or agency to which the request was made has failed to comply with the request in a reasonable amount of time.
D. It is contrary to the public policy of this state for any agency or any individual acting for an agency to take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the ombudsman‑citizens aide or the ombudsman‑citizens aide's staff.
E. For the purposes of this section:
1. "Agency" has the same meaning prescribed in section 41‑1371 but includes a public body as defined in section 39‑121.01, subsection A, paragraph 2.
2. "Public access laws" means:
(a) Title 39, chapter 1.
(b) Title 38, chapter 3, article 3.1.
(c) Any other state statute or rule governing access to public meetings or public records.
Sec. 3. Repeal
Section 41-3020.22, Arizona Revised Statutes, is repealed.
Sec. 4. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3028.22, to read:
41-3028.22. Office of ombudsman-citizens aide; termination July 1, 2028
A. The office of ombudsman‑citizens aide terminates on July 1, 2028.
B. Title 41, chapter 8, article 5 and this section are repealed on January 1, 2029.
Sec. 5. Purpose
Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the office of ombudsman‑citizens aide to service citizens' complaints by investigating the administrative acts of state agencies and to annually report to the governor, the legislature and the public on its activities.
Sec. 6. Retroactivity
Sections 3 and 4 of this act apply retroactively to from and after July 1, 2020.
APPROVED BY THE GOVERNOR MARCH 24, 2020.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 24, 2020.
