House File 298 - Introduced HOUSE FILE 298 BY PETERSEN , MURPHY , T. OLSON , KELLEY , ISENHART , LENSING , HUNTER , OLDSON , WINCKLER , KAJTAZOVIC , KEARNS , HANSON , LYKAM , THOMAS , MUHLBAUER , WESSEL-KROESCHELL , HEDDENS , STECKMAN , MASCHER , McCARTHY , ABDUL-SAMAD , M. SMITH , GAINES , GASKILL , COHOON , JACOBY , KRESSIG , THEDE , and HALL A BILL FOR An Act creating a government watchdog hotline within the office 1 of the citizens’ aide. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2294YH (5) 84 jr/nh

H.F. 298 Section 1. Section 2C.9, Code 2011, is amended to read as 1 follows: 2 2C.9 Powers and duties . 3 1. The citizens’ aide may: 4 1. a. Investigate, on complaint or on the citizens’ aide’s 5 own motion, any administrative action of any agency, without 6 regard to the finality of the administrative action, except 7 that the citizens’ aide shall not investigate the complaint 8 of an employee of an agency in regard to that employee’s 9 employment relationship with the agency except as otherwise 10 provided by this chapter . A communication or receipt of 11 information made pursuant to the powers prescribed in this 12 chapter shall not be considered an ex parte communication as 13 described in the provisions of section 17A.17 . 14 2. b. Investigate, on complaint or on the citizens’ aide’s 15 own motion, any administrative action of any person providing 16 child welfare or juvenile justice services under contract with 17 an agency that is subject to investigation by the citizens’ 18 aide. The person shall be considered to be an agency for 19 purposes of the citizens’ aide’s investigation. 20 3. c. Prescribe the methods by which complaints are to 21 be made, received, and acted upon; determine the scope and 22 manner of investigations to be made; and, subject to the 23 requirements of this chapter , determine the form, frequency, 24 and distribution of the conclusions and recommendations of the 25 citizens’ aide. 26 4. d. Request and receive from each agency assistance 27 and information as necessary in the performance of the duties 28 of the office. Notwithstanding section 22.7 , pursuant to 29 an investigation the citizens’ aide may examine any and all 30 records and documents of any agency unless its custodian 31 demonstrates that the examination would violate federal 32 law or result in the denial of federal funds to the agency. 33 Confidential documents provided to the citizens’ aide by 34 other agencies shall continue to maintain their confidential 35 -1- LSB 2294YH (5) 84 jr/nh 1/ 3

H.F. 298 status. The citizens’ aide is subject to the same policies 1 and penalties regarding the confidentiality of the document 2 as an employee of the agency. The citizens’ aide may enter 3 and inspect premises within any agency’s control and may 4 observe proceedings and attend hearings, with the consent of 5 the interested party, including those held under a provision 6 of confidentiality, conducted by any agency unless the agency 7 demonstrates that the attendance or observation would violate 8 federal law or result in the denial of federal funds to 9 that agency. This subsection paragraph does not permit the 10 examination of records or access to hearings and proceedings 11 which are the work product of an attorney under section 22.7, 12 subsection 4 , or which are privileged communications under 13 section 622.10 . 14 5. e. Issue a subpoena to compel any person to appear, 15 give sworn testimony, or produce documentary or other evidence 16 relevant to a matter under inquiry. The citizens’ aide, 17 deputies, and assistants of the citizens’ aide may administer 18 oaths to persons giving testimony before them. If a witness 19 either fails or refuses to obey a subpoena issued by the 20 citizens’ aide, the citizens’ aide may petition the district 21 court having jurisdiction for an order directing obedience to 22 the subpoena. If the court finds that the subpoena should be 23 obeyed, it shall enter an order requiring obedience to the 24 subpoena, and refusal to obey the court order is subject to 25 punishment for contempt. 26 6. f. Establish rules relating to the operation, 27 organization, and procedure of the office of the citizens’ 28 aide. The rules are exempt from chapter 17A and shall be 29 published in the Iowa administrative code. 30 2. a. The citizens’ aide shall promote the office’s 31 existing toll-free telephone line and electronic mail address 32 as the “government watchdog hotline”, and encourage persons to 33 use the hotline to report fraud, waste, and malfeasance. 34 b. The government watchdog hotline telephone number and 35 -2- LSB 2294YH (5) 84 jr/nh 2/ 3

H.F. 298 electronic mail address shall be displayed on all state 1 government internet sites, at highway rest areas, at the state 2 fairgrounds, and in all published materials. 3 EXPLANATION 4 This bill requires the citizens’ aide to designate its 5 toll-free telephone number and electronic mail address as the 6 “government watchdog hotline”, and encourage persons to use 7 the hotline to report fraud, waste, and malfeasance. That 8 telephone number and electronic mail address is to be displayed 9 on all state government internet sites, at highway rest areas, 10 at the state fairgrounds, and in all published materials. 11 -3- LSB 2294YH (5) 84 jr/nh 3/ 3