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REFERENCE TITLE: ombudsman-citizens aide; DCS assistant |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1406 |
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Introduced by Senator Farnsworth D
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AN ACT
amending sections 41‑1376 and 41‑1380, Arizona Revised Statutes; relating to the 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 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 is 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. Train all staff in the proper handling of department of child safety records and information. Notwithstanding any law to the contrary, the ombudsman‑citizens aide and the assistant all staff 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 41-1380, Arizona Revised Statutes, is amended to read:
41-1380. Ombudsman‑citizens aide protections
A. A civil action may not be brought against the ombudsman‑citizens aide or the staff of the ombudsman‑citizens aide for any action or omission in performing the duties under this article except for gross negligence or intentional wrongful acts or omissions except as provided in title 38, chapter 3, article 8.
B. A proceeding or decision of the ombudsman‑citizens aide may be reviewed in superior court only to determine if it is contrary to this article.
C. The ombudsman‑citizens aide and the staff of the ombudsman‑citizens aide shall not be required to testify in court regarding matters that come to their attention in the exercise of their duties except as may be necessary to enforce this article.
D. Records and files maintained by the ombudsman‑citizens aide are not public records and are exempt from disclosure under title 39, chapter 1. The information contained in these records and files that were prepared pursuant to an investigation conducted under this article are not subject to disclosure except when redacted of personally identifiable information and included in an opinion and recommendations prepared pursuant to section 41‑1376, subsection B, when redacted of personally identifiable information and included in selected case studies for the annual report that is prepared pursuant to section 41‑1376, subsection A or to the attorney general or any county attorney in connection with an investigation that has been referred to the attorney general or a county attorney pursuant to section 41‑1379. For the purposes of this subsection: ,
1. "Personally identifiable information" includes a person's name, address, date of birth, social security number, tribal enrollment number, telephone or fax number, email address, social media identifier, driver license number, place of employment, school identification or military identification number or any other distinguishing characteristic that tends to identify a particular person.
2. "Records and files" means all information the department of child safety and the office of the ombudsman‑citizens aide gather gathers during the course of a department of child safety an investigation conducted under this article from the time a file is opened until it is closed. Records and files do not include information that is contained in child welfare agency licensing records.