Bill Text: IA SSB1014 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the title of the office of citizens' aide.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-06 - Voted - State Government. [SSB1014 Detail]
Download: Iowa-2013-SSB1014-Introduced.html
Senate
Study
Bill
1014
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
CITIZENS’
AIDE/OMBUDSMAN
BILL)
A
BILL
FOR
An
Act
relating
to
the
title
of
the
office
of
citizens’
aide.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
2.12,
unnumbered
paragraph
4,
Code
2013,
1
is
amended
to
read
as
follows:
2
There
is
appropriated
out
of
any
funds
in
the
state
treasury
3
not
otherwise
appropriated
such
sums
as
may
be
necessary
for
4
the
fiscal
year
budgets
of
the
legislative
services
agency
and
5
the
citizens’
aide
ombudsman
office
for
salaries,
support,
6
maintenance,
and
miscellaneous
purposes
to
carry
out
their
7
statutory
responsibilities.
The
legislative
services
agency
8
and
the
citizens’
aide
ombudsman
office
shall
submit
their
9
proposed
budgets
to
the
legislative
council
not
later
than
10
September
1
of
each
year.
The
legislative
council
shall
review
11
and
approve
the
proposed
budgets
not
later
than
December
1
of
12
each
year.
The
budget
approved
by
the
legislative
council
for
13
each
of
its
statutory
legislative
agencies
shall
be
transmitted
14
by
the
legislative
council
to
the
department
of
management
on
15
or
before
December
1
of
each
year
for
the
fiscal
year
beginning
16
July
1
of
the
following
year.
The
department
of
management
17
shall
submit
the
approved
budgets
received
from
the
legislative
18
council
to
the
governor
for
inclusion
in
the
governor’s
19
proposed
budget
for
the
succeeding
fiscal
year.
The
approved
20
budgets
shall
also
be
submitted
to
the
chairpersons
of
the
21
committees
on
appropriations.
The
committees
on
appropriations
22
may
allocate
from
the
funds
appropriated
by
this
section
23
the
funds
contained
in
the
approved
budgets,
or
such
other
24
amounts
as
specified,
pursuant
to
a
concurrent
resolution
to
be
25
approved
by
both
houses
of
the
general
assembly.
The
director
26
of
the
department
of
administrative
services
shall
issue
27
warrants
for
salaries,
support,
maintenance,
and
miscellaneous
28
purposes
upon
requisition
by
the
administrative
head
of
each
29
statutory
legislative
agency.
If
the
legislative
council
30
elects
to
change
the
approved
budget
for
a
legislative
agency
31
prior
to
July
1,
the
legislative
council
shall
transmit
the
32
amount
of
the
budget
revision
to
the
department
of
management
33
prior
to
July
1
of
the
fiscal
year,
however,
if
the
general
34
assembly
approved
the
budget
it
cannot
be
changed
except
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pursuant
to
a
concurrent
resolution
approved
by
the
general
1
assembly.
2
Sec.
2.
Section
2.42,
subsection
14,
Code
2013,
is
amended
3
to
read
as
follows:
4
14.
To
hear
and
act
upon
appeals
of
aggrieved
employees
of
5
the
legislative
services
agency
and
the
office
of
the
citizens’
6
aide
ombudsman
pursuant
to
rules
of
procedure
established
by
7
the
council.
8
Sec.
3.
Section
2C.2,
Code
2013,
is
amended
to
read
as
9
follows:
10
2C.2
Office
established.
11
The
office
of
citizens’
aide
ombudsman
is
established.
12
Sec.
4.
Section
2C.3,
Code
2013,
is
amended
to
read
as
13
follows:
14
2C.3
Appointment
——
vacancy.
15
1.
The
citizens’
aide
ombudsman
shall
be
appointed
by
the
16
legislative
council
with
the
approval
and
confirmation
of
a
17
constitutional
majority
of
the
senate
and
with
the
approval
18
and
confirmation
of
a
constitutional
majority
of
the
house
of
19
representatives.
The
legislative
council
shall
fill
a
vacancy
20
in
this
office
in
the
same
manner
as
the
original
appointment.
21
If
the
appointment
or
vacancy
occurs
while
the
general
assembly
22
is
not
in
session,
such
appointment
shall
be
reported
to
the
23
senate
and
the
house
of
representatives
within
thirty
days
of
24
their
convening
at
their
next
regular
session
for
approval
and
25
confirmation.
26
2.
The
citizens’
aide
ombudsman
shall
employ
and
supervise
27
all
employees
under
the
citizens’
aide’s
ombudsman’s
direction
28
in
such
positions
and
at
such
salaries
as
shall
be
authorized
29
by
the
legislative
council.
The
legislative
council
shall
hear
30
and
act
upon
appeals
of
aggrieved
employees
of
the
office
of
31
the
citizens’
aide
ombudsman
.
32
Sec.
5.
Section
2C.4,
Code
2013,
is
amended
to
read
as
33
follows:
34
2C.4
Citizen
of
United
States
and
resident
of
Iowa.
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The
citizens’
aide
ombudsman
shall
be
a
citizen
of
the
1
United
States
and
a
resident
of
the
state
of
Iowa,
and
shall
2
be
qualified
to
analyze
problems
of
law,
administration
,
and
3
public
policy.
4
Sec.
6.
Section
2C.5,
Code
2013,
is
amended
to
read
as
5
follows:
6
2C.5
Term
——
removal.
7
The
citizens’
aide
ombudsman
shall
hold
office
for
four
8
years
from
the
first
day
in
July
of
the
year
of
approval
by
the
9
senate
and
the
house
of
representatives,
and
until
a
successor
10
is
appointed
by
the
legislative
council,
unless
the
citizens’
11
aide
ombudsman
can
no
longer
perform
the
official
duties,
or
12
is
removed
from
office.
The
citizens’
aide
ombudsman
may
at
13
any
time
be
removed
from
office
by
constitutional
majority
vote
14
of
the
two
houses
of
the
general
assembly
or
as
provided
by
15
chapter
66
.
If
a
vacancy
occurs
in
the
office
of
citizens’
16
aide
ombudsman
,
the
deputy
citizens’
aide
ombudsman
shall
act
17
as
citizens’
aide
ombudsman
until
the
vacancy
is
filled
by
the
18
legislative
council.
19
Sec.
7.
Section
2C.6,
Code
2013,
is
amended
to
read
as
20
follows:
21
2C.6
Deputy
——
assistant
for
penal
agencies.
22
1.
The
citizens’
aide
ombudsman
shall
designate
one
of
the
23
members
of
the
staff
as
the
deputy
citizens’
aide
ombudsman
,
24
with
authority
to
act
as
citizens’
aide
ombudsman
when
the
25
citizens’
aide
ombudsman
is
absent
from
the
state
or
becomes
26
disabled.
The
citizens’
aide
ombudsman
may
delegate
to
members
27
of
the
staff
any
of
the
citizens’
aide’s
authority
or
duties
of
28
the
office
except
the
duty
of
formally
making
recommendations
29
to
agencies
or
reports
to
the
governor
or
the
general
assembly.
30
2.
The
citizens’
aide
ombudsman
shall
appoint
an
assistant
31
who
shall
be
primarily
responsible
for
investigating
complaints
32
relating
to
penal
or
correctional
agencies.
33
Sec.
8.
Section
2C.7,
unnumbered
paragraph
1,
Code
2013,
is
34
amended
to
read
as
follows:
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Neither
the
citizens’
aide
ombudsman
nor
any
member
of
the
1
staff
shall:
2
Sec.
9.
Section
2C.8,
Code
2013,
is
amended
to
read
as
3
follows:
4
2C.8
Closed
files.
5
The
citizens’
aide
ombudsman
may
maintain
secrecy
in
respect
6
to
all
matters
including
the
identities
of
the
complainants
or
7
witnesses
coming
before
the
citizens’
aide
ombudsman
,
except
8
that
the
general
assembly,
any
standing
committee
of
the
9
general
assembly
or
the
governor
may
require
disclosure
of
any
10
matter
and
shall
have
complete
access
to
the
records
and
files
11
of
the
citizens’
aide
ombudsman
.
The
citizens’
aide
ombudsman
12
may
conduct
private
hearings.
13
Sec.
10.
Section
2C.9,
Code
2013,
is
amended
to
read
as
14
follows:
15
2C.9
Powers.
16
The
citizens’
aide
ombudsman
may:
17
1.
Investigate,
on
complaint
or
on
the
citizens’
aide’s
18
ombudsman’s
own
motion,
any
administrative
action
of
any
19
agency,
without
regard
to
the
finality
of
the
administrative
20
action,
except
that
the
citizens’
aide
ombudsman
shall
not
21
investigate
the
complaint
of
an
employee
of
an
agency
in
regard
22
to
that
employee’s
employment
relationship
with
the
agency
23
except
as
otherwise
provided
by
this
chapter
.
A
communication
24
or
receipt
of
information
made
pursuant
to
the
powers
25
prescribed
in
this
chapter
shall
not
be
considered
an
ex
parte
26
communication
as
described
in
the
provisions
of
section
17A.17
.
27
2.
Investigate,
on
complaint
or
on
the
citizens’
aide’s
28
ombudsman’s
own
motion,
any
administrative
action
of
any
person
29
providing
child
welfare
or
juvenile
justice
services
under
30
contract
with
an
agency
that
is
subject
to
investigation
by
the
31
citizens’
aide
ombudsman
.
The
person
shall
be
considered
to
32
be
an
agency
for
purposes
of
the
citizens’
aide’s
ombudsman’s
33
investigation.
34
3.
Prescribe
the
methods
by
which
complaints
are
to
be
made,
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received,
and
acted
upon;
determine
the
scope
and
manner
of
1
investigations
to
be
made;
and,
subject
to
the
requirements
of
2
this
chapter
,
determine
the
form,
frequency,
and
distribution
3
of
the
conclusions
and
recommendations
of
the
citizens’
aide
4
ombudsman
.
5
4.
Request
and
receive
from
each
agency
assistance
and
6
information
as
necessary
in
the
performance
of
the
duties
of
7
the
office.
Notwithstanding
section
22.7
,
pursuant
to
an
8
investigation
the
citizens’
aide
ombudsman
may
examine
any
and
9
all
records
and
documents
of
any
agency
unless
its
custodian
10
demonstrates
that
the
examination
would
violate
federal
11
law
or
result
in
the
denial
of
federal
funds
to
the
agency.
12
Confidential
documents
provided
to
the
citizens’
aide
ombudsman
13
by
other
agencies
shall
continue
to
maintain
their
confidential
14
status.
The
citizens’
aide
ombudsman
is
subject
to
the
same
15
policies
and
penalties
regarding
the
confidentiality
of
the
16
document
as
an
employee
of
the
agency.
The
citizens’
aide
17
ombudsman
may
enter
and
inspect
premises
within
any
agency’s
18
control
and
may
observe
proceedings
and
attend
hearings,
with
19
the
consent
of
the
interested
party,
including
those
held
under
20
a
provision
of
confidentiality,
conducted
by
any
agency
unless
21
the
agency
demonstrates
that
the
attendance
or
observation
22
would
violate
federal
law
or
result
in
the
denial
of
federal
23
funds
to
that
agency.
This
subsection
does
not
permit
the
24
examination
of
records
or
access
to
hearings
and
proceedings
25
which
are
the
work
product
of
an
attorney
under
section
22.7,
26
subsection
4
,
or
which
are
privileged
communications
under
27
section
622.10
.
28
5.
Issue
a
subpoena
to
compel
any
person
to
appear,
give
29
sworn
testimony,
or
produce
documentary
or
other
evidence
30
relevant
to
a
matter
under
inquiry.
The
citizens’
aide
31
ombudsman
,
deputies,
and
assistants
of
the
citizens’
aide
32
ombudsman
may
administer
oaths
to
persons
giving
testimony
33
before
them.
If
a
witness
either
fails
or
refuses
to
obey
34
a
subpoena
issued
by
the
citizens’
aide
ombudsman
,
the
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citizens’
aide
ombudsman
may
petition
the
district
court
having
1
jurisdiction
for
an
order
directing
obedience
to
the
subpoena.
2
If
the
court
finds
that
the
subpoena
should
be
obeyed,
it
shall
3
enter
an
order
requiring
obedience
to
the
subpoena,
and
refusal
4
to
obey
the
court
order
is
subject
to
punishment
for
contempt.
5
6.
Establish
rules
relating
to
the
operation,
organization,
6
and
procedure
of
the
office
of
the
citizens’
aide
ombudsman
.
7
The
rules
are
exempt
from
chapter
17A
and
shall
be
published
in
8
the
Iowa
administrative
code.
9
Sec.
11.
Section
2C.10,
Code
2013,
is
amended
to
read
as
10
follows:
11
2C.10
No
charge
for
services.
12
No
A
monetary
charge
or
other
charge
shall
not
be
levied
upon
13
any
person
as
a
prerequisite
to
presentation
of
a
complaint
to
14
the
citizens’
aide
ombudsman
.
15
Sec.
12.
Section
2C.11,
Code
2013,
is
amended
to
read
as
16
follows:
17
2C.11
Subjects
for
investigations.
18
1.
An
appropriate
subject
for
investigation
by
the
office
of
19
the
citizens’
aide
ombudsman
is
an
administrative
action
that
20
might
be:
21
a.
Contrary
to
law
or
regulation.
22
b.
Unreasonable,
unfair,
oppressive,
or
inconsistent
with
23
the
general
course
of
an
agency’s
functioning,
even
though
in
24
accordance
with
law.
25
c.
Based
on
a
mistake
of
law
or
arbitrary
in
ascertainments
26
of
fact.
27
d.
Based
on
improper
motivation
or
irrelevant
consideration.
28
e.
Unaccompanied
by
an
adequate
statement
of
reasons.
29
2.
The
citizens’
aide
ombudsman
may
also
be
concerned
with
30
strengthening
procedures
and
practices
which
lessen
the
risk
31
that
objectionable
administrative
actions
will
occur.
32
Sec.
13.
Section
2C.11A,
Code
2013,
is
amended
to
read
as
33
follows:
34
2C.11A
Subjects
for
investigations
——
disclosures
of
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information.
1
The
office
of
citizens’
aide
ombudsman
shall
investigate
2
a
complaint
filed
by
an
employee
who
is
not
a
merit
system
3
employee
or
an
employee
covered
by
a
collective
bargaining
4
agreement
and
who
alleges
that
adverse
employment
action
has
5
been
taken
against
the
employee
in
violation
of
section
70A.28,
6
subsection
2
.
A
complaint
filed
pursuant
to
this
section
shall
7
be
made
within
thirty
calendar
days
following
the
effective
8
date
of
the
adverse
employment
action.
The
citizens’
aide
9
ombudsman
shall
investigate
the
matter
and
shall
issue
findings
10
relative
to
the
complaint
in
an
expeditious
manner.
11
Sec.
14.
Section
2C.12,
Code
2013,
is
amended
to
read
as
12
follows:
13
2C.12
Complaints
investigated.
14
1.
The
citizens’
aide
ombudsman
may
receive
a
complaint
from
15
any
source
concerning
an
administrative
action.
The
citizens’
16
aide
ombudsman
shall
conduct
a
suitable
investigation
into
the
17
administrative
actions
complained
of
unless
the
citizens’
aide
18
ombudsman
finds
substantiating
facts
that:
19
a.
The
complainant
has
available
another
remedy
or
channel
20
of
complaint
which
the
complainant
could
reasonably
be
expected
21
to
use.
22
b.
The
grievance
pertains
to
a
matter
outside
the
citizens’
23
aide
ombudsman’s
power.
24
c.
The
complainant
has
no
substantive
or
procedural
interest
25
which
is
directly
affected
by
the
matter
complained
about.
26
d.
The
complaint
is
trivial,
frivolous,
vexatious,
or
not
27
made
in
good
faith.
28
e.
Other
complaints
are
more
worthy
of
attention.
29
f.
The
citizens’
aide
ombudsman’s
resources
are
insufficient
30
for
adequate
investigation.
31
g.
The
complaint
has
been
delayed
too
long
to
justify
32
present
examination
of
its
merit.
33
2.
The
citizens’
aide
ombudsman
may
decline
to
investigate
34
a
complaint,
but
shall
not
be
prohibited
from
inquiring
into
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the
matter
complained
about
or
into
related
problems
at
some
1
future
time.
2
Sec.
15.
Section
2C.13,
Code
2013,
is
amended
to
read
as
3
follows:
4
2C.13
No
investigation
——
notice
to
complainant.
5
If
the
citizens’
aide
ombudsman
decides
not
to
investigate,
6
the
complainant
shall
be
informed
of
the
reasons
for
7
the
decision.
If
the
citizens’
aide
ombudsman
decides
8
to
investigate,
the
complainant
and
the
agency
shall
be
9
notified
of
the
decision.
After
completing
consideration
10
of
a
complaint,
whether
or
not
it
has
been
investigated,
11
the
citizens’
aide
ombudsman
shall
without
delay
inform
the
12
complainant
of
the
fact,
and
if
appropriate,
shall
inform
the
13
agency
involved.
The
citizens’
aide
ombudsman
shall
on
request
14
of
the
complainant,
and
as
appropriate,
report
the
status
of
15
the
investigation
to
the
complainant.
16
Sec.
16.
Section
2C.14,
Code
2013,
is
amended
to
read
as
17
follows:
18
2C.14
Institutionalized
complainants.
19
A
letter
to
the
citizens’
aide
ombudsman
from
a
person
in
20
a
correctional
institution,
a
hospital,
or
other
institution
21
under
the
control
of
an
agency
shall
be
immediately
forwarded,
22
unopened
,
to
the
citizens’
aide
ombudsman
by
the
institution
23
where
the
writer
of
the
letter
is
a
resident.
A
letter
from
the
24
citizens’
aide
ombudsman
to
such
a
person
shall
be
immediately
25
delivered,
unopened
,
to
the
person.
26
Sec.
17.
Section
2C.15,
Code
2013,
is
amended
to
read
as
27
follows:
28
2C.15
Reports
critical
of
agency
or
officer.
29
Before
announcing
a
conclusion
or
recommendation
that
30
criticizes
an
agency
or
any
officer
or
employee,
the
citizens’
31
aide
ombudsman
shall
consult
with
that
agency,
officer
,
or
32
employee
,
and
shall
attach
to
every
report
sent
or
made
under
33
the
provisions
of
this
chapter
a
copy
of
any
unedited
comments
34
made
by
or
on
behalf
of
the
officer,
employee,
or
agency.
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Sec.
18.
Section
2C.16,
Code
2013,
is
amended
to
read
as
1
follows:
2
2C.16
Recommendations
to
agency.
3
1.
The
citizens’
aide
ombudsman
shall
state
recommendations
4
to
an
agency,
if,
after
having
considered
a
complaint
and
5
whatever
material
the
citizens’
aide
ombudsman
deems
pertinent,
6
the
citizens’
aide
ombudsman
finds
substantiating
facts
for
any
7
of
the
following:
8
a.
A
matter
should
be
further
considered
by
the
agency.
9
b.
An
administrative
action
should
be
modified
or
canceled.
10
c.
A
rule
on
which
an
administrative
action
is
based
should
11
be
altered.
12
d.
Reasons
should
be
given
for
an
administrative
action.
13
e.
Any
other
action
should
be
taken
by
the
agency.
14
2.
If
the
citizens’
aide
ombudsman
requests,
the
agency
15
shall,
within
twenty
working
days
notify
the
citizens’
aide
16
ombudsman
of
any
action
taken
on
the
recommendations
or
the
17
reasons
for
not
complying
with
them.
18
3.
If
the
citizens’
aide
ombudsman
believes
that
an
19
administrative
action
has
occurred
because
of
laws
of
which
20
results
are
unfair
or
otherwise
objectionable,
the
citizens’
21
aide
ombudsman
shall
notify
the
general
assembly
concerning
22
desirable
statutory
change.
23
Sec.
19.
Section
2C.17,
Code
2013,
is
amended
to
read
as
24
follows:
25
2C.17
Publication
of
conclusions.
26
1.
The
citizens’
aide
ombudsman
may
publish
the
27
conclusions,
recommendations,
and
suggestions
and
transmit
28
them
to
the
governor
or
the
general
assembly
or
any
of
its
29
committees.
When
publishing
an
opinion
adverse
to
an
agency
or
30
official
the
citizens’
aide
ombudsman
shall,
unless
excused
by
31
the
agency
or
official
affected,
include
with
the
opinion
any
32
unedited
reply
made
by
the
agency.
33
2.
Any
conclusions,
recommendations,
and
suggestions
so
34
published
may
at
the
same
time
be
made
available
to
the
news
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media
or
others
who
may
be
concerned.
1
Sec.
20.
Section
2C.18,
Code
2013,
is
amended
to
read
as
2
follows:
3
2C.18
Report
to
general
assembly.
4
The
citizens’
aide
ombudsman
shall
by
April
1
of
each
year
5
submit
an
economically
designed
and
reproduced
report
to
the
6
general
assembly
and
to
the
governor
concerning
the
exercise
7
of
the
citizens’
aide
ombudsman
functions
during
the
preceding
8
calendar
year.
In
discussing
matters
with
which
the
citizens’
9
aide
ombudsman
has
been
concerned,
the
citizens’
aide
ombudsman
10
shall
not
identify
specific
persons
if
to
do
so
would
cause
11
needless
hardship.
If
the
annual
report
criticizes
a
named
12
agency
or
official,
it
shall
also
include
unedited
replies
made
13
by
the
agency
or
official
to
the
criticism,
unless
excused
by
14
the
agency
or
official
affected.
15
Sec.
21.
Section
2C.19,
Code
2013,
is
amended
to
read
as
16
follows:
17
2C.19
Disciplinary
action
recommended.
18
If
the
citizens’
aide
ombudsman
believes
that
any
public
19
official,
employee
or
other
person
has
acted
in
a
manner
20
warranting
criminal
or
disciplinary
proceedings,
the
citizens’
21
aide
ombudsman
shall
refer
the
matter
to
the
appropriate
22
authorities.
23
Sec.
22.
Section
2C.20,
Code
2013,
is
amended
to
read
as
24
follows:
25
2C.20
Immunities.
26
No
civil
action,
except
removal
from
office
as
provided
27
in
chapter
66
,
or
proceeding
shall
be
commenced
against
the
28
citizens’
aide
ombudsman
or
any
member
of
the
staff
for
any
29
act
or
omission
performed
pursuant
to
the
provisions
of
this
30
chapter
unless
the
act
or
omission
is
actuated
by
malice
or
31
is
grossly
negligent,
nor
shall
the
citizens’
aide
ombudsman
32
or
any
member
of
the
staff
be
compelled
to
testify
in
any
33
court
with
respect
to
any
matter
involving
the
exercise
of
the
34
citizens’
aide’s
ombudsman’s
official
duties
except
as
may
be
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necessary
to
enforce
the
provisions
of
this
chapter
.
1
Sec.
23.
Section
2C.21,
Code
2013,
is
amended
to
read
as
2
follows:
3
2C.21
Witnesses.
4
A
person
required
by
the
citizens’
aide
ombudsman
to
provide
5
information
shall
be
paid
the
same
fees
and
travel
allowances
6
as
are
extended
to
witnesses
whose
attendance
has
been
required
7
in
the
district
courts
of
this
state.
Officers
and
employees
8
of
an
agency
shall
not
be
entitled
to
such
fees
and
allowances.
9
A
person
who,
with
or
without
service
of
compulsory
process,
10
provides
oral
or
documentary
information
requested
by
the
11
citizens’
aide
ombudsman
shall
be
accorded
the
same
privileges
12
and
immunities
as
are
extended
to
witnesses
in
the
courts
of
13
this
state,
and
shall
also
be
entitled
to
be
accompanied
and
14
advised
by
counsel
while
being
questioned.
15
Sec.
24.
Section
2C.22,
Code
2013,
is
amended
to
read
as
16
follows:
17
2C.22
Penalties.
18
A
person
who
willfully
obstructs
or
hinders
the
lawful
19
actions
of
the
citizens’
aide
ombudsman
or
the
citizens’
aide’s
20
ombudsman’s
staff,
or
who
willfully
misleads
or
attempts
to
21
mislead
the
citizens’
aide
ombudsman
in
the
citizens’
aide’s
22
ombudsman’s
inquiries,
shall
be
guilty
of
a
simple
misdemeanor.
23
Sec.
25.
Section
2C.23,
Code
2013,
is
amended
to
read
as
24
follows:
25
2C.23
Citation.
26
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
27
Citizens’
Aide
Ombudsman
Act”
.
28
Sec.
26.
Section
8F.3,
subsection
1,
paragraph
d,
Code
2013,
29
is
amended
to
read
as
follows:
30
d.
Information
regarding
any
policies
adopted
by
the
31
governing
body
of
the
recipient
entity
that
prohibit
taking
32
adverse
employment
action
against
employees
of
the
recipient
33
entity
who
disclose
information
about
a
service
contract
to
34
the
oversight
agency,
the
auditor
of
state,
the
office
of
the
35
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attorney
general,
or
the
office
of
citizens’
aide
ombudsman
and
1
that
state
whether
those
policies
are
substantially
similar
2
to
the
protection
provided
to
state
employees
under
section
3
70A.28
.
The
information
provided
shall
state
whether
employees
4
of
the
recipient
entity
are
informed
on
a
regular
basis
of
5
their
rights
to
disclose
information
to
the
oversight
agency,
6
the
office
of
citizens’
aide
ombudsman
,
the
auditor
of
state,
7
or
the
office
of
the
attorney
general
and
the
telephone
numbers
8
of
those
organizations.
9
Sec.
27.
Section
23A.4,
Code
2013,
is
amended
to
read
as
10
follows:
11
23A.4
Relief
for
aggrieved
persons.
12
1.
Any
aggrieved
person
may,
after
pursuing
remedies
13
offered
by
chapter
17A
,
seek
injunctive
relief
for
violations
14
of
this
chapter
by
filing
an
action
in
the
district
court
for
15
the
county
in
which
the
aggrieved
business
is
located.
16
2.
A
state
agency
or
political
subdivision
found
to
be
in
17
violation
of
this
chapter
shall
be
assessed
and
shall
pay
to
18
the
aggrieved
person
fees
and
other
expenses,
as
defined
in
19
section
625.28
.
20
3.
Chapter
17A
and
this
section
are
the
exclusive
remedy
21
for
violations
of
this
chapter
.
However,
the
office
of
the
22
citizens’
aide
ombudsman
may
review
violations
of
this
chapter
23
and
make
recommendations
as
provided
in
chapter
2C
.
24
Sec.
28.
Section
70A.28,
subsections
2,
6,
and
8,
Code
2013,
25
are
amended
to
read
as
follows:
26
2.
A
person
shall
not
discharge
an
employee
from
or
take
27
or
fail
to
take
action
regarding
an
employee’s
appointment
or
28
proposed
appointment
to,
promotion
or
proposed
promotion
to,
29
or
any
advantage
in,
a
position
in
a
state
employment
system
30
administered
by,
or
subject
to
approval
of,
a
state
agency
as
a
31
reprisal
for
a
failure
by
that
employee
to
inform
the
person
32
that
the
employee
made
a
disclosure
of
information
permitted
33
by
this
section
,
or
for
a
disclosure
of
any
information
by
34
that
employee
to
a
member
or
employee
of
the
general
assembly,
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a
disclosure
of
information
to
the
office
of
citizens’
aide
1
ombudsman
,
or
a
disclosure
of
information
to
any
other
public
2
official
or
law
enforcement
agency
if
the
employee
reasonably
3
believes
the
information
evidences
a
violation
of
law
or
rule,
4
mismanagement,
a
gross
abuse
of
funds,
an
abuse
of
authority,
5
or
a
substantial
and
specific
danger
to
public
health
or
6
safety.
However,
an
employee
may
be
required
to
inform
the
7
person
that
the
employee
made
a
disclosure
of
information
8
permitted
by
this
section
if
the
employee
represented
that
9
the
disclosure
was
the
official
position
of
the
employee’s
10
immediate
supervisor
or
employer.
11
6.
Subsection
2
may
also
be
enforced
by
an
employee
through
12
an
administrative
action
pursuant
to
the
requirements
of
this
13
subsection
if
the
employee
is
not
a
merit
system
employee
or
14
an
employee
covered
by
a
collective
bargaining
agreement.
An
15
employee
eligible
to
pursue
an
administrative
action
pursuant
16
to
this
subsection
who
is
discharged,
suspended,
demoted,
17
or
otherwise
receives
a
reduction
in
pay
and
who
believes
18
the
adverse
employment
action
was
taken
as
a
result
of
the
19
employee’s
disclosure
of
information
that
was
authorized
20
pursuant
to
subsection
2
,
may
file
an
appeal
of
the
adverse
21
employment
action
with
the
public
employment
relations
22
board
within
thirty
calendar
days
following
the
later
of
the
23
effective
date
of
the
action
or
the
date
a
finding
is
issued
24
to
the
employee
by
the
office
of
the
citizens’
aide
ombudsman
25
pursuant
to
section
2C.11A
.
The
findings
issued
by
the
26
citizens’
aide
ombudsman
may
be
introduced
as
evidence
before
27
the
public
employment
relations
board.
The
employee
has
the
28
right
to
a
hearing
closed
to
the
public,
but
may
request
a
29
public
hearing.
The
hearing
shall
otherwise
be
conducted
in
30
accordance
with
the
rules
of
the
public
employment
relations
31
board
and
the
Iowa
administrative
procedure
Act,
chapter
17A
.
32
If
the
public
employment
relations
board
finds
that
the
action
33
taken
in
regard
to
the
employee
was
in
violation
of
subsection
34
2
,
the
employee
may
be
reinstated
without
loss
of
pay
or
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benefits
for
the
elapsed
period,
or
the
public
employment
1
relations
board
may
provide
other
appropriate
remedies.
2
Decisions
by
the
public
employment
relations
board
constitute
3
final
agency
action.
4
8.
The
director
of
the
department
of
administrative
5
services
or,
for
employees
of
the
general
assembly
or
of
the
6
state
board
of
regents,
the
legislative
council
or
the
state
7
board
of
regents,
respectively,
shall
provide
procedures
for
8
notifying
new
state
employees
of
the
provisions
of
this
section
9
and
shall
periodically
conduct
promotional
campaigns
to
provide
10
similar
information
to
state
employees.
The
information
shall
11
include
the
toll-free
telephone
number
of
the
citizens’
aide
12
ombudsman
.
13
Sec.
29.
Section
217.3A,
subsection
3,
paragraph
a,
14
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
15
(1)
Members
of
the
advisory
committee
shall
include
at
least
16
one
district
judge
and
representatives
of
custodial
parent
17
groups,
noncustodial
parent
groups,
the
general
assembly,
18
the
office
of
citizens’
aide
ombudsman
,
the
Iowa
state
bar
19
association,
the
Iowa
county
attorneys
association,
and
20
other
constituencies
which
have
an
interest
in
child
support
21
enforcement
issues,
appointed
by
the
respective
entity.
22
Sec.
30.
Section
236.16,
subsection
1,
paragraph
c,
Code
23
2013,
is
amended
to
read
as
follows:
24
c.
Designate
and
award
moneys
for
publicizing
and
staffing
25
a
statewide,
toll-free
telephone
hotline
for
use
by
victims
26
of
domestic
abuse.
The
department
may
award
a
grant
to
a
27
public
agency
or
a
private,
nonprofit
organization
for
the
28
purpose
of
operating
the
hotline.
The
operation
of
the
29
hotline
shall
include
informing
victims
of
their
rights
and
30
of
various
community
services
that
are
available,
referring
31
victims
to
service
providers,
receiving
complaints
concerning
32
misconduct
by
peace
officers
and
encouraging
victims
to
refer
33
such
complaints
to
the
office
of
citizens’
aide
ombudsman
,
34
providing
counseling
services
to
victims
over
the
telephone,
35
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