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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

FACT SHEET FOR S.B. 1409

ombudsman-citizens aide; investigation procedures

Purpose

            Requires the Ombudsman-Citizens Aide to submit a written statement of the essential facts, rather than refer the matter, to a prosecutor's office when it is believed there is a breach of duty or misconduct by a state officer or employee.

Background

The Office of the Ombudsman-Citizens Aide services citizens' complaints by investigating the administrative acts of state agencies and annually reporting to the Governor, Legislature and public on its activities (Laws 1995, Chapter 281). Upon receiving a complaint, the
Ombudsman-Citizens Aide may investigate or refuse to investigate based on specified statutory criteria (A.R.S. § 41-1377). The Ombudsman-Citizens Aide must notify a complainant of the decision to investigate or not investigate within 30 days of receiving a complaint (A.R.S. § 41-1378). Following an investigation, the Ombudsman-Citizens Aide must notify the complainant of the Ombudsman-Citizens Aide's recommendations and any action taken by the state agency involved in the complaint.

            If the Ombudsman-Citizens Aide believes there is a breach of duty or misconduct by an officer or employee of a state agency in the conduct of the officer's or employee's duty, the Ombudsman-Citizens Aide must refer the matter to the chief executive officer of the agency, the presiding officer of both houses of the Legislature, and a prosecutor's office or other appropriate official or agency (A.R.S. § 41-1379).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires the Ombudsman-Citizens Aide to submit a written statement of the essential facts, rather than refer the matter, to a prosecutor's office when it is believed there is a breach of duty or misconduct by a state officer or employee.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.

Prepared by Senate Research

February 13, 2020

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