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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
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 if the complaint is within the prosecutor's jurisdiction when it is believed that 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 that 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 if the complaint is within the prosecutor's jurisdiction when it is believed there is a breach of duty or misconduct by a state officer or employee.
2. Requires the Ombudsman-Citizens Aide to notify the head of a state agency pursuant to statutory requirements for concluding an investigation before sending a written statement or referral of a breach of duty or misconduct to a prosecutor or other relevant party.
3. Allows the Ombudsman-Citizens Aide to refer a breach of duty or misconduct by a state agency officer or employee to the Governor.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that the Ombudsman-Citizens Aide must only notify a prosecutor if a breach of duty or misconduct of an officer or employee is within the prosecutor's jurisdiction.
2. Requires the Ombudsman-Citizens Aide to notify the head of the relevant state agency pursuant to statutory requirements for concluding an investigation before sending a written statement or referral of a breach of duty or misconduct to a prosecutor or other relevant party.
3. Allows the Ombudsman to refer a breach of duty or misconduct by a state agency officer or employee to the Governor.
Senate Action
GOV 2/17/20 DPA 4-3-0
Prepared by Senate Research
February 19, 2020
MH/CS/kja