HF 185

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2018 05:45pm

A bill for an act
relating to state and local government; establishing the ombudsman division in
the Office of the Legislative Auditor; appropriating money; proposing coding for
new law in Minnesota Statutes, chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [3.9785] OMBUDSMAN DIVISION OF THE LEGISLATIVE AUDITOR'S
OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the definitions in
paragraphs (b) and (c) apply.
new text end

new text begin (b) "Agency" means the Department of Natural Resources, Department of Transportation,
the Pollution Control Agency, or a local government.
new text end

new text begin (c) "Local government" means a home rule charter or statutory city, town, county, or an
entity organized under chapter 469 or special law authorizing the exercise of powers in
chapter 469.
new text end

new text begin Subd. 2. new text end

new text begin Ombudsman division in the Office of the Legislative Auditor. new text end

new text begin The Office
of the Legislative Auditor shall include a division to provide the services of ombudsman as
provided in this section. The legislative auditor shall appoint a person as deputy legislative
auditor of the division to serve as ombudsman and oversee any other staff employed in the
division. The ombudsman has all powers available to the legislative auditor.
new text end

new text begin Subd. 3. new text end

new text begin No fees. new text end

new text begin The ombudsman must not charge a fee or any costs to a person
requesting an investigation or making a complaint.
new text end

new text begin Subd. 4. new text end

new text begin Procedures; jurisdiction. new text end

new text begin The ombudsman may develop procedures and forms
for the receipt, investigation, and resolution of complaints and requests for investigations
from any source relating to advice from, or the action or inaction of, an agency.
new text end

new text begin Subd. 5. new text end

new text begin Investigation. new text end

new text begin In response to a complaint or on the ombudsman's own
determination, the ombudsman may investigate an action or inaction of an agency that might
be:
new text end

new text begin (1) contrary to law or regulation;
new text end

new text begin (2) unreasonable, unfair, oppressive, or inconsistent with the general course of the
agency's functioning, even though in accordance with law;
new text end

new text begin (3) based on a mistake of law or arbitrary in ascertainment of fact; or
new text end

new text begin (4) unaccompanied by an adequate statement of reasons.
new text end

new text begin Subd. 6. new text end

new text begin Intermediary; mediation. new text end

new text begin (a) At the request of an agency or individual, the
ombudsman may act as intermediary between an individual and an agency in understanding
how a particular law, rule, regulation, ordinance, or other local control applies in a particular
situation. If the ombudsman determines to serve as an intermediary, the ombudsman must
document all communications for all parties.
new text end

new text begin (b) The ombudsman may require some or all of the parties in an investigation to
participate in mediation to resolve the matter, taking into account the resources available
to the ombudsman.
new text end

new text begin Subd. 7. new text end

new text begin Determination not to investigate. new text end

new text begin The ombudsman may determine not to
investigate a complaint or act as an intermediary if:
new text end

new text begin (1) the complainant has available another remedy or channel of complaint the complainant
reasonably could be expected to use;
new text end

new text begin (2) the complaint pertains to a matter outside the ombudsman's power;
new text end

new text begin (3) the complainant has no substantive or procedural interest which is directly affected
by the matter complained about;
new text end

new text begin (4) the complaint is trivial, frivolous, vexatious, or not made in good faith;
new text end

new text begin (5) the ombudsman's resources are insufficient for adequate investigation of the specific
complaint; or
new text end

new text begin (6) the complaint has been delayed too long to justify present examination of the
complaint's merit.
new text end

new text begin Subd. 8. new text end

new text begin Notice on decision whether to investigate. new text end

new text begin The ombudsman must inform the
complainant, in a reasonable time, of the ombudsman's decision whether to investigate a
complaint or not. If the ombudsman decides to investigate, the ombudsman must inform
the agency as well as the complainant. If the ombudsman determines not to investigate, the
ombudsman must give the complainant reasons for that determination. The ombudsman
must keep the complainant reasonably informed on the status of any investigation.
new text end

new text begin Subd. 9. new text end

new text begin Matters outside the ombudsman's jurisdiction. new text end

new text begin The ombudsman does not
have jurisdiction or authority to investigate or consider complaints relating to adoption or
amendment of state agency administrative rules, employment matters, data practices, or
open meeting laws.
new text end

new text begin Subd. 10. new text end

new text begin Referral. new text end

new text begin After initial inquiry, the ombudsman may refer a request for
investigation or a complaint to the appropriate county attorney, attorney general, state
auditor, or other official with jurisdiction over the matter. If a matter is referred, the
ombudsman must inform the person requesting an investigation or making the complaint.
new text end

new text begin Subd. 11. new text end

new text begin Timely investigation. new text end

new text begin The ombudsman must conclude investigations in a
timely manner, taking into account the resources of the office and the scope of the
investigation.
new text end

new text begin Subd. 12. new text end

new text begin Recommendations to an agency. new text end

new text begin (a) Before announcing a conclusion or
recommendation, the ombudsman must consult with the agency and attach to every report
sent or made, under the provisions of this section, a copy of any unedited comments made
by or on behalf of the agency.
new text end

new text begin (b) The ombudsman must make recommendations to an agency if, after having considered
a complaint and material the ombudsman deems pertinent, the ombudsman finds
substantiating facts for any of the following:
new text end

new text begin (1) a matter should be further considered by the agency;
new text end

new text begin (2) an action should be modified or canceled;
new text end

new text begin (3) a rule on which an action is based should be altered;
new text end

new text begin (4) reasons should be given for an action or inaction; or
new text end

new text begin (5) any further action should be taken by the agency.
new text end

new text begin (c) If the ombudsman requests, the agency must, within 20 working days, notify the
ombudsman of any action taken on the recommendations or the reasons for not complying
with them.
new text end

new text begin (d) If the ombudsman believes that a law resulted in an action or inaction that is unfair
or otherwise objectionable, the ombudsman shall propose a change in the law to the governor
and the chairs and ranking minority members of the legislative committees with jurisdiction
over the subject matter.
new text end

new text begin Subd. 13. new text end

new text begin Report. new text end

new text begin By January 15 each year, beginning in 2019, the ombudsman must
report on the work and budget of the ombudsman to the Legislative Audit Commission and
the chairs and ranking minority members of the legislative committees with jurisdiction
over local government powers and duties, the Departments of Natural Resources, the
Department of Transportation, and the Pollution Control Agency. The ombudsman must
also submit the report to the governor and as provided in section 3.195.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
fund to the Office of the Legislative Auditor for the purposes of Minnesota Statutes, section
3.9785.
new text end