SF 1247

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to ombudsman services; creating uniform laws 
  1.3             governing the operation, scope, organization, power, 
  1.4             investigative, and other duties of ombudsman services; 
  1.5             setting forth duties on agencies to cooperate with 
  1.6             ombudsman service; setting new appointment authority 
  1.7             and terms for selection of crime victim ombudsman; 
  1.8             designating crime victim ombudsman's authority and 
  1.9             duties; designating office space for crime victim 
  1.10            ombudsman; requiring report by crime victim ombudsman; 
  1.11            amending Minnesota Statutes 1996, sections 611A.74, 
  1.12            subdivisions 1 and 3, and by adding a subdivision; and 
  1.13            611A.75; proposing coding for new law as Minnesota 
  1.14            Statutes, chapter 10B. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16                             ARTICLE 1
  1.17                         OMBUDSMAN SERVICES
  1.18     Section 1.  [10B.01] [LEGISLATIVE INTENT.] 
  1.19     Subdivision 1.  [PUBLIC PURPOSE.] It is the intent of the 
  1.20  legislature to provide, in addition to any other rights or 
  1.21  remedies, independent ombudsman services to citizens of this 
  1.22  state. 
  1.23     Subd. 2.  [EMPOWERMENT.] Upon creation of a new ombudsman 
  1.24  service, the legislature shall specify which agencies, 
  1.25  facilities, and programs the ombudsman shall have authority to 
  1.26  review. 
  1.27     Sec. 2.  [10B.02] [DEFINITIONS.] 
  1.28     Subdivision 1.  [SCOPE.] For purposes of sections 1 to 11, 
  1.29  the following terms shall have the meanings given them. 
  1.30     Subd. 2.  [ACTS.] "Acts" means any action, decision, 
  2.1   failure to act, omission, rule or regulation, interpretation, 
  2.2   recommendation, policy, practice or procedure of an agency, 
  2.3   facility, or program, within the scope of the ombudsman's 
  2.4   authority. 
  2.5      Subd. 3.  [CLIENT.] "Client" means a person served by an 
  2.6   agency, facility, or program. 
  2.7      Subd. 4.  [COMPLAINANT.] "Complainant" means a person, 
  2.8   organization, or other entity that makes a complaint to an 
  2.9   ombudsman service regarding the acts of an agency, facility, or 
  2.10  program. 
  2.11     Subd. 5.  [OMBUDSMAN.] "Ombudsman" means a person who is an 
  2.12  independent, official intermediary between a citizen and 
  2.13  government who receives complaints from aggrieved persons 
  2.14  against agencies, facilities, and programs; and who reviews, 
  2.15  investigates, and makes recommendations to remedy complaints. 
  2.16     Subd. 6.  [RECORD.] "Record" means all records, documents, 
  2.17  books, papers, files, photographs, microfilms, sound recordings, 
  2.18  video recordings, computer data storage, and all other 
  2.19  materials, regardless of physical form, possessed or controlled 
  2.20  by an agency, facility, or program. 
  2.21     Sec. 3.  [10B.03] [OMBUDSMAN; QUALIFICATIONS; FUNCTION.] 
  2.22     Subdivision 1.  [SELECTION; QUALIFICATIONS.] The ombudsman 
  2.23  shall be appointed by the appointing authority, shall be 
  2.24  selected without regard to political affiliation, and shall be 
  2.25  competent and qualified in the ombudsman's area of oversight.  
  2.26  The ombudsman shall be a person who has knowledge and experience 
  2.27  concerning the needs and rights of designated clients and is 
  2.28  qualified to analyze questions of law, administrative functions, 
  2.29  and public policy.  An ombudsman may not hold any other public 
  2.30  office.  The ombudsman may only be removed for just cause. 
  2.31     Subd. 2.  [FUNCTION.] The ombudsman shall promote high 
  2.32  standards of treatment, competence, efficiency, and justice.  
  2.33  The ombudsman shall have the authority, upon complaint or the 
  2.34  ombudsman's motion, to review or investigate decisions, acts, 
  2.35  and other matters of an agency, facility, or program. 
  2.36     Sec. 4.  [10B.04] [ORGANIZATION OF OFFICES OF OMBUDSMAN.] 
  3.1      Subdivision 1.  [STAFF.] An ombudsman shall select and 
  3.2   compensate staff to discharge the ombudsman's responsibility. 
  3.3      Subd. 2.  [DELEGATION.] The ombudsman may delegate to staff 
  3.4   members any of the ombudsman's authority or duties except the 
  3.5   duty of formally making recommendations or reports. 
  3.6      Subd. 3.  [BENEFITS.] The ombudsman and staff members shall 
  3.7   be included in the Minnesota state retirement association. 
  3.8      Sec. 5.  [10B.05] [GENERAL DUTIES AND POWERS OF AN 
  3.9   OMBUDSMAN; REVIEWS AND EVALUATIONS; COMPLAINTS; 
  3.10  RECOMMENDATIONS.] 
  3.11     Subdivision 1.  [GENERAL DUTIES AND POWERS.] The ombudsman, 
  3.12  within the scope of the ombudsman's jurisdiction, shall when 
  3.13  necessary: 
  3.14     (1) review or investigate any act of an agency, facility, 
  3.15  or program; 
  3.16     (2) determine the complaint procedure used by the office; 
  3.17     (3) determine the scope and manner of investigations 
  3.18  carried out by the office; 
  3.19     (4) maintain as private data the identities of complainants 
  3.20  or informants when requested by the individual subject of the 
  3.21  data; 
  3.22     (5) gather and analyze information concerning the acts of 
  3.23  an agency, facility, or program; 
  3.24     (6) subpoena a person to appear, give testimony, or produce 
  3.25  records or other evidence that the ombudsman considers relevant 
  3.26  to a matter under review or investigation; 
  3.27     (7) petition the appropriate court to enforce the 
  3.28  provisions of sections 1 to 11; 
  3.29     (8) enter and inspect premises in the course of conducting 
  3.30  a review or investigation on any matter within the scope of the 
  3.31  ombudsman's authority; 
  3.32     (9) have access to agency, facility, and program data, 
  3.33  notwithstanding chapter 13 or any other provision of state law, 
  3.34  when that data relates to a matter that is within the scope of 
  3.35  the ombudsman's authority.  The data shall be retained by the 
  3.36  ombudsman according to data classification under chapter 13; 
  4.1      (10) set reasonable deadlines for an agency, facility, or 
  4.2   program to respond to requests for information; 
  4.3      (11) make recommendations and comments to the legislature, 
  4.4   agencies, programs, and facilities concerning laws, rules, 
  4.5   regulations, and policies affecting clients; 
  4.6      (12) share resources and equipment between ombudsman 
  4.7   offices; 
  4.8      (13) make recommendations to the legislature, agencies, 
  4.9   facilities, and programs concerning how to strengthen procedures 
  4.10  and practices to minimize the risk that objectionable agency, 
  4.11  facility, and program actions will occur; and 
  4.12     (14) accept grants, gifts, and bequests from public or 
  4.13  private sources to implement programs and services for 
  4.14  designated citizens. 
  4.15     Subd. 2.  [COMPLAINTS.] The ombudsman may receive a 
  4.16  complaint from any source concerning acts of an agency, 
  4.17  facility, or program.  After completing a review or 
  4.18  investigation, the ombudsman may inform the complainant and the 
  4.19  agency, facility, or program of its findings. 
  4.20     Subd. 3.  [INVESTIGATIONS OF COMPLAINTS.] (a) An ombudsman 
  4.21  may investigate any complaint within the scope of the 
  4.22  ombudsman's authority. 
  4.23     (b) An ombudsman shall pay particular attention to, but not 
  4.24  be limited to, those acts that: 
  4.25     (1) are contrary to law, regulation, or agency practice; 
  4.26     (2) are based on mistaken facts or irrelevant 
  4.27  considerations; 
  4.28     (3) are unclear or inadequately explained when reasons 
  4.29  should have been revealed; 
  4.30     (4) are inefficiently performed; 
  4.31     (5) are unreasonable, unfair, or otherwise objectionable, 
  4.32  even though in accordance with law; 
  4.33     (6) may result in abuse or neglect of a person; or 
  4.34     (7) may impede or improve the monitoring or evaluation of 
  4.35  services provided. 
  4.36     (c) An ombudsman may decide not to investigate because: 
  5.1      (1) the complainant could reasonably be expected to use 
  5.2   another remedy or procedure for redress of a grievance, in which 
  5.3   case the ombudsman may furnish the person with information on 
  5.4   the alternative remedy or channel; 
  5.5      (2) the complaint is trivial, frivolous, vexatious, or not 
  5.6   made in good faith; 
  5.7      (3) the complaint has been delayed too long to justify 
  5.8   present investigation; or 
  5.9      (4) the ombudsman's resources are insufficient for adequate 
  5.10  investigation, in which case the ombudsman shall attempt to 
  5.11  refer the complaint to another authority. 
  5.12     (d) The ombudsman's decision not to investigate a specific 
  5.13  complaint shall not bar the ombudsman from reviewing, on the 
  5.14  ombudsman's motion, acts of an agency whether or not included in 
  5.15  a complaint. 
  5.16     Subd. 4.  [RECOMMENDATIONS.] After reviewing the complaint 
  5.17  or conducting the investigation and considering the response of 
  5.18  an agency, facility, or program or any other pertinent material, 
  5.19  if the ombudsman determines that the complaint has merit or the 
  5.20  investigation reveals a problem, the ombudsman may recommend 
  5.21  that the agency, facility, or program: 
  5.22     (1) consider the matter further; 
  5.23     (2) modify or cancel its actions; 
  5.24     (3) alter a rule, order, or internal policy; 
  5.25     (4) explain more fully the action in question; 
  5.26     (5) rectify an omission; or 
  5.27     (6) take other action.  
  5.28     Subd. 5.  [CRIMINAL OR DISCIPLINARY ACTS.] If the ombudsman 
  5.29  believes that any person has acted in a manner warranting 
  5.30  criminal or disciplinary proceedings, the ombudsman may refer 
  5.31  the matter to the appropriate authorities without notice to that 
  5.32  person. 
  5.33     Sec. 6.  [10B.06] [DUTIES OF AGENCIES, FACILITIES, AND 
  5.34  PROGRAMS.] 
  5.35     Subdivision 1.  [DUTIES.] Agencies, facilities, or programs 
  5.36  are required to: 
  6.1      (1) cooperate in the ombudsman's review or investigation of 
  6.2   the acts of the agency, facility, or program, including making 
  6.3   records and data available to the ombudsman; 
  6.4      (2) respond to an ombudsman's request for information 
  6.5   within 30 days, except when some other reasonable deadline has 
  6.6   been set by the ombudsman, in which case the deadline set by the 
  6.7   ombudsman must be met; and 
  6.8      (3) review recommendations issued by the ombudsman under 
  6.9   section 5, subdivision 4, and, at the ombudsman's request, and 
  6.10  within a reasonable time, inform the ombudsman about the action 
  6.11  taken on the recommendation or the reason for not complying with 
  6.12  the recommendation. 
  6.13     Subd. 2.  [RETALIATION.] An agency, facility, or program 
  6.14  shall not punish a person or alter unfavorably the general 
  6.15  condition of the person's treatment as the result of a review or 
  6.16  investigation, a complaint by the person, or a complaint by 
  6.17  another person on that person's behalf. 
  6.18     Subd. 3.  [FAILURE TO RESPOND.] Agencies, facilities, or 
  6.19  programs failing to respond to the requirements in this section 
  6.20  shall be subject to section 8.31, subdivision 2a. 
  6.21     Sec. 7.  [10B.07] [CIVIL ACTIONS.] 
  6.22     The ombudsman and designees of the ombudsman are not 
  6.23  civilly liable for any action taken under this chapter if the 
  6.24  action was taken in good faith, was within the scope of the 
  6.25  ombudsman's authority, and did not constitute willful or 
  6.26  reckless misconduct. 
  6.27     Sec. 8.  [10B.08] [NO COMPELLED TESTIMONY.] 
  6.28     Neither the ombudsman nor any member of the ombudsman's 
  6.29  staff may be compelled to testify or produce evidence in any 
  6.30  judicial or administrative proceeding with respect to matters 
  6.31  involving the exercise of official duties, except as may be 
  6.32  necessary to enforce the provisions of this chapter. 
  6.33     Sec. 9.  [10B.09] [REPORTS.] 
  6.34     In addition to reports the ombudsman may make during the 
  6.35  course of exercising the ombudsman's duties, the ombudsman shall 
  6.36  report biennially to the appointing authority, the governor, or 
  7.1   legislature, as appropriate, concerning the exercise of 
  7.2   functions during the preceding biennium.  The report is due on 
  7.3   or before the legislative session following the end of the 
  7.4   biennium. 
  7.5      Sec. 10.  [10B.10] [ESTABLISHED OMBUDSMAN SERVICES.] 
  7.6      Subdivision 1.  [COVERED PROGRAMS.] The following ombudsman 
  7.7   services shall be subject to this chapter in addition to their 
  7.8   specific statutory authority: 
  7.9      (1) department of agriculture ombudsman, section 17.95; 
  7.10     (2) ombudsman for small business air quality compliance 
  7.11  assistance program, section 116.98; 
  7.12     (3) ombudsman for corrections, sections 241.41 to 241.45; 
  7.13     (4) ombudsman for mental health and mental retardation, 
  7.14  sections 245.91 to 245.97; 
  7.15     (5) ombudsman for older Minnesotans, sections 256.974 to 
  7.16  256.97; 
  7.17     (6) ombudsman for prepaid health care programs, section 
  7.18  256B.031; 
  7.19     (7) ombudsperson for families, sections 257.0755 to 
  7.20  257.0769; 
  7.21     (8) taxpayer's rights advocate, section 270.273; and 
  7.22     (9) ombudsman for crime victims, sections 611A.72 to 
  7.23  611A.75. 
  7.24     Subd. 2.  [COVERED OMBUDSMAN SERVICES.] All ombudsman 
  7.25  services are subject to this chapter. 
  7.26     Sec. 11.  [10B.11] [COOPERATION.] 
  7.27     Subdivision 1.  [ROUND TABLE.] The various ombudsmen may 
  7.28  meet to share information and resources to prevent duplication 
  7.29  of services or resources. 
  7.30     Subd. 2.  [RESOURCES.] The ombudsmen shall work together 
  7.31  where feasible to ensure efficient use of state resources.  
  7.32  Areas of cooperation may include, but are not limited to: 
  7.33     (1) training; 
  7.34     (2) professional consultation between offices; 
  7.35     (3) common brochure of ombudsmen services in Minnesota; 
  7.36     (4) coordinated directory listings; 
  8.1      (5) joint reports, including systemic issues as well as 
  8.2   annual or biennial reports; 
  8.3      (6) coordination of resources when a citizen could be 
  8.4   served by more than one ombudsman; 
  8.5      (7) a common 800 number; 
  8.6      (8) administrative functions such as payroll, budgeting, 
  8.7   accounting, and support services; 
  8.8      (9) shared technical consultants; and 
  8.9      (10) shared database technology to ensure compatible 
  8.10  reporting. 
  8.11     Sec. 12.  [REVISOR INSTRUCTION.] 
  8.12     The revisor shall insert the following, or substantially 
  8.13  similar, language in the Minnesota Statutes listed in section 
  8.14  10, subdivision 1:  "The ombudsman described in this section is 
  8.15  subject to chapter 10B." 
  8.16                             ARTICLE 2
  8.17                  OFFICE OF CRIME VICTIM OMBUDSMAN
  8.18     Section 1.  Minnesota Statutes 1996, section 611A.74, 
  8.19  subdivision 1, is amended to read: 
  8.20     Subdivision 1.  [CREATION.] The office of crime victim 
  8.21  ombudsman for Minnesota is created.  The ombudsman shall be 
  8.22  appointed by the commissioner of public safety with the advice 
  8.23  of the advisory council, and governor, shall serve in the 
  8.24  unclassified service at the pleasure of the commissioner 
  8.25  governor and shall be selected without regard to political 
  8.26  affiliation.  No person may serve as ombudsman while holding any 
  8.27  other public office.  The ombudsman is directly accountable to 
  8.28  the commissioner of public safety and governor.  The ombudsman 
  8.29  shall have the authority to investigate decisions, acts, and 
  8.30  other matters of the criminal justice system so as to promote 
  8.31  the highest attainable standards of competence, efficiency, and 
  8.32  justice for crime victims in the criminal justice system. 
  8.33     Sec. 2.  Minnesota Statutes 1996, section 611A.74, is 
  8.34  amended by adding a subdivision to read: 
  8.35     Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
  8.36  appoint employees necessary to discharge responsibilities of the 
  9.1   office.  The ombudsman may delegate to staff members any of the 
  9.2   ombudsman's authority or duties except the duties of formally 
  9.3   making recommendations to appropriate authorities and reports to 
  9.4   the office of the governor or to the legislature. 
  9.5      (b) The commissioner of public safety shall provide office 
  9.6   space and administrative support services to the ombudsman and 
  9.7   the ombudsman's staff. 
  9.8      Sec. 3.  Minnesota Statutes 1996, section 611A.74, 
  9.9   subdivision 3, is amended to read: 
  9.10     Subd. 3.  [POWERS.] The crime victim ombudsman has those 
  9.11  powers necessary to carry out the duties set out in 
  9.12  subdivision 1 2, including:  
  9.13     (a) The ombudsman may investigate, with or without a 
  9.14  complaint, any action of an element of the criminal justice 
  9.15  system or a victim assistance program included in subdivision 2. 
  9.16     (b) The ombudsman may request and shall be given access to 
  9.17  information and assistance the ombudsman considers necessary for 
  9.18  the discharge of responsibilities.  The ombudsman may inspect, 
  9.19  examine, and be provided copies of records and documents of all 
  9.20  elements of the criminal justice system and victim assistance 
  9.21  programs.  The ombudsman may request and shall be given access 
  9.22  to police reports pertaining to juveniles and juvenile 
  9.23  delinquency petitions, notwithstanding section 260.161.  Any 
  9.24  information received by the ombudsman retains its data 
  9.25  classification under chapter 13 while in the ombudsman's 
  9.26  possession.  Juvenile records obtained under this subdivision 
  9.27  may not be released to any person. 
  9.28     (c) The ombudsman may prescribe the methods by which 
  9.29  complaints are to be made, received, and acted upon; may 
  9.30  determine the scope and manner of investigations to be made; and 
  9.31  subject to the requirements of sections 611A.72 to 611A.74, may 
  9.32  determine the form, frequency, and distribution of ombudsman 
  9.33  conclusions, recommendations, and proposals.  
  9.34     (d) After completing investigation of a complaint, the 
  9.35  ombudsman shall inform in writing the complainant, the 
  9.36  investigated person or entity, and other appropriate authorities 
 10.1   of the action taken.  If the complaint involved the conduct of 
 10.2   an element of the criminal justice system in relation to a 
 10.3   criminal or civil proceeding, the ombudsman's findings shall be 
 10.4   forwarded to the court in which the proceeding occurred.  
 10.5      (e) Before announcing a conclusion or recommendation that 
 10.6   expressly or impliedly criticizes an administrative agency or 
 10.7   any person, the ombudsman shall consult with that agency or 
 10.8   person. 
 10.9      Sec. 4.  Minnesota Statutes 1996, section 611A.75, is 
 10.10  amended to read: 
 10.11     611A.75 [REPORT TO LEGISLATURE.] 
 10.12     The commissioner of public safety shall report to the 
 10.13  legislature biennially on the activities of crime victim 
 10.14  programs under chapter 611A; except that the crime victim 
 10.15  ombudsman shall report to the legislature biennially on the 
 10.16  activities of the office of crime victim ombudsman. 
 10.17     Sec. 5.  [EFFECTIVE DATE; APPLICABILITY.] 
 10.18     Sections 1 to 4 are effective July 1, 1997.  The individual 
 10.19  who occupies the position of crime victim ombudsman before the 
 10.20  effective date shall continue in that position unless replaced 
 10.21  by the governor.