S.F. _____ H.F. _____ Section 1. Section 2C.9, subsection 4, Code 2022, is amended 1 to read as follows: 2 4. Request and receive from each agency assistance and 3 information as necessary in the performance of the duties of 4 the office. 5 a. Notwithstanding section 22.7 , pursuant to an 6 investigation the ombudsman may , pursuant to an investigation, 7 examine any and all records and documents of any agency unless 8 its custodian demonstrates that the examination would violate 9 federal law or result in the denial of federal funds to the 10 agency. 11 b. (1) Confidential records and documents provided to the 12 ombudsman by other agencies shall continue to maintain their 13 confidential status. The ombudsman is subject to the same 14 policies and penalties regarding the confidentiality of the 15 record or document as an employee of the agency. 16 (2) Information otherwise maintained as confidential as 17 provided by this section may be disclosed by the ombudsman for 18 any of the following reasons: 19 (a) As necessary to complete an investigation. 20 (b) As necessary to state and publish conclusions, 21 recommendations, and suggestions in accordance with sections 22 2C.16 and 2C.17. 23 (c) To the extent the ombudsman is required by law to report 24 the information or to testify in court. 25 c. The ombudsman may enter and inspect premises within 26 any agency’s control and may observe proceedings and attend 27 hearings, with the consent of the interested party, including 28 those held under a provision of confidentiality, conducted by 29 any agency unless the agency demonstrates that the attendance 30 or observation would violate federal law or result in the 31 denial of federal funds to that agency. 32 d. This subsection does not permit the examination of 33 records or access to hearings and proceedings which are the 34 work product of an attorney under section 22.7, subsection 4 , 35 -1- LSB 5328DP (5) 89 ec/rn 1/ 4

S.F. _____ H.F. _____ or which are privileged communications under section 622.10 . 1 In addition, this subsection shall not be interpreted to permit 2 an agency to deny production of such records and documents when 3 requested by the ombudsman. 4 Sec. 2. Section 2C.11A, Code 2022, is amended to read as 5 follows: 6 2C.11A Subjects for investigations —— disclosures of 7 information. 8 The office of ombudsman shall either investigate or decline 9 to investigate a complaint filed by an employee who is not a 10 merit system employee or an employee covered by a collective 11 bargaining agreement and who alleges that adverse employment 12 action has been taken against the employee in violation of 13 section 70A.28, subsection 2 . A complaint filed pursuant 14 to this section shall be made within thirty calendar days 15 following the effective date of the adverse employment action. 16 The ombudsman shall investigate review the matter and shall , 17 in writing to the employee, either decline to investigate the 18 matter or issue findings following an investigation relative 19 to the complaint in an expeditious manner. The ombudsman’s 20 findings following an investigation shall also be provided to 21 the agency or officer who is the subject of the allegations. 22 Sec. 3. Section 2C.21, Code 2022, is amended to read as 23 follows: 24 2C.21 Witnesses. 25 A person required by the ombudsman to provide information 26 shall be paid the same fees and travel allowances as are 27 extended to witnesses whose attendance has been required in 28 the district courts of this state. Officers and employees of 29 an agency shall not be entitled to such fees and allowances. 30 A person who, with or without service of compulsory process, 31 provides oral or documentary information requested by the 32 ombudsman shall be accorded the same privileges and immunities 33 as are extended to witnesses in the courts of this state, and 34 shall also be entitled to be accompanied and advised by counsel 35 -2- LSB 5328DP (5) 89 ec/rn 2/ 4

S.F. _____ H.F. _____ while being questioned. 1 Sec. 4. Section 70A.28, subsection 6, Code 2022, is amended 2 to read as follows: 3 6. Subsection 2 may also be enforced by an employee through 4 an administrative action pursuant to the requirements of this 5 subsection if the employee is not a merit system employee or 6 an employee covered by a collective bargaining agreement. An 7 employee eligible to pursue an administrative action pursuant 8 to this subsection who is discharged, suspended, demoted, 9 or otherwise receives a reduction in pay and who believes 10 the adverse employment action was taken as a result of the 11 employee’s disclosure of information that was authorized 12 pursuant to subsection 2 , may file an appeal of the adverse 13 employment action with the public employment relations 14 board within thirty calendar days following the later of the 15 effective date of the action or the date a finding or written 16 decision declining to investigate is issued to the employee 17 by the office of ombudsman pursuant to section 2C.11A . The 18 findings issued by the ombudsman may be introduced as evidence 19 before the public employment relations board. The employee has 20 the right to a hearing closed to the public, but may request a 21 public hearing. The hearing shall otherwise be conducted in 22 accordance with the rules of the public employment relations 23 board and the Iowa administrative procedure Act, chapter 17A . 24 If the public employment relations board finds that the action 25 taken in regard to the employee was in violation of subsection 26 2 , the employee may be reinstated without loss of pay or 27 benefits for the elapsed period, or the public employment 28 relations board may provide other appropriate remedies. 29 Decisions by the public employment relations board constitute 30 final agency action. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill concerns investigations conducted by the office 35 -3- LSB 5328DP (5) 89 ec/rn 3/ 4

S.F. _____ H.F. _____ of ombudsman. 1 Code section 2C.9, relating to the ombudsman’s powers, 2 is amended related to the confidentiality of documents 3 and information received by the office of ombudsman from 4 an agency. The Code section is amended to provide that 5 confidential information may be disclosed by the ombudsman as 6 necessary to complete an investigation, as necessary to publish 7 recommendations to an agency or conclusions as authorized by 8 Code sections 2C.16 and 2C.17, or to the extent the ombudsman 9 is required by law to report the information or testify in 10 court. The Code section is further amended to provide that it 11 shall not be interpreted to permit an agency to deny production 12 of records and documents when requested by the ombudsman. 13 Code section 2C.11A, concerning certain whistleblower 14 complaints filed by an employee that are subject to 15 investigation by the office of ombudsman, is amended to provide 16 that the office of ombudsman may, in writing to the employee, 17 decline to investigate the complaint. The bill also provides 18 that if findings are issued following an investigation, the 19 findings shall also be provided to the agency or officer who 20 is the subject of the allegations. Code section 70A.28, 21 concerning whistleblower complaints, is amended to conform to 22 the changes made to Code section 2C.11A. 23 Code section 2C.21, concerning witnesses, is amended to 24 provide that the ombudsman is not required to afford a person 25 who provides oral or documentary evidence requested by the 26 ombudsman the same rights as are extended to witnesses in 27 court. 28 -4- LSB 5328DP (5) 89 ec/rn 4/ 4