House
Study
Bill
564
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
OFFICE
OF
OMBUDSMAN
BILL)
A
BILL
FOR
An
Act
relating
to
investigations
conducted
by
the
office
of
1
ombudsman.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
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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
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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
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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
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