SF 1328

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; establishing the office of 
  1.3             citizen advocate in the department of administration; 
  1.4             directing the office to represent the interests of 
  1.5             citizens with complaints against executive branch 
  1.6             agencies; coordinating the services of ombudspersons; 
  1.7             appropriating money; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 16B. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [16B.365] [CITIZEN ADVOCATE.] 
  1.11     Subdivision 1.  [OFFICE OF CITIZEN ADVOCATE.] The office of 
  1.12  citizen advocate is an office within the department of 
  1.13  administration headed by a citizen advocate appointed by the 
  1.14  commissioner to serve in the unclassified service.  The citizen 
  1.15  advocate shall represent the interests of persons, including 
  1.16  public employees, with unresolved differences with executive 
  1.17  branch agencies resulting from agency error or failure to 
  1.18  respond adequately to the persons' questions, concerns, or 
  1.19  complaints.  When feasible, the citizen advocate shall refer 
  1.20  complaints to appropriate ombudspersons within agencies and 
  1.21  shall monitor the activities of the ombudspersons with respect 
  1.22  to the complaints.  At least monthly, ombudspersons shall 
  1.23  provide the citizen advocate with a summary of their activities 
  1.24  with respect to matters not referred to them by the citizen 
  1.25  advocate.  For purposes of this section, "ombudsperson" means: 
  1.26     (1) the position in the department of agriculture 
  1.27  established by section 17.95; 
  2.1      (2) the ombudspersons for families established by section 
  2.2   257.0755; 
  2.3      (3) the ombudsman for corrections established by section 
  2.4   241.41; 
  2.5      (4) the crime victim ombudsman established by section 
  2.6   611A.74, subdivision 1; 
  2.7      (5) the ombudsman for mental health and mental retardation 
  2.8   established by section 245.92; 
  2.9      (6) the ombudsman for older Minnesotans established by 
  2.10  section 256.974; 
  2.11     (7) the ombudsman for small business air quality assistance 
  2.12  established by section 116.98, subdivision 1; and 
  2.13     (8) the position of taxpayer's rights advocate in the 
  2.14  department of revenue established by section 270.273, 
  2.15  subdivision 6. 
  2.16     Subd. 2.  [DUTIES.] The citizen advocate shall establish, 
  2.17  maintain, and publicize a program to enable persons to seek 
  2.18  assistance in resolving differences with agencies.  The program 
  2.19  must publicize the existence and jurisdictions of the 
  2.20  ombudspersons listed in subdivision 1.  The citizen advocate 
  2.21  shall maintain a toll-free telephone number and may utilize 
  2.22  other means, including electronic means, by which persons can 
  2.23  seek assistance, free of charge to the person, from all parts of 
  2.24  the state. 
  2.25     Subd. 3.  [PROCEDURE.] After determining that a complaint 
  2.26  against an agency has a reasonable, good faith basis, the 
  2.27  citizen advocate shall notify the appropriate ombudsperson or, 
  2.28  if none, the agency of the complaint and allow the ombudsperson 
  2.29  or agency a reasonable time, as determined by the citizen 
  2.30  advocate, to resolve the difference.  If the ombudsperson or 
  2.31  agency fails to resolve the difference, to the satisfaction of 
  2.32  the aggrieved person and the citizen advocate, within a 
  2.33  reasonable time, the citizen advocate may direct the agency to 
  2.34  take whatever action the citizen advocate deems appropriate.  
  2.35  Agencies shall cooperate with the citizen advocate in resolving 
  2.36  differences in accordance with this section. 
  3.1      Subd. 4.  [RECOVERY OF COSTS.] The citizen advocate shall 
  3.2   assess an agency the cost of resolving a difference with the 
  3.3   agency at a rate no lower than the fee schedule set by the 
  3.4   attorney general under section 8.15, subdivision 1, for the 
  3.5   provision of legal services to agencies. 
  3.6      Sec. 2.  [APPROPRIATION.] 
  3.7      $....... is appropriated to the commissioner of 
  3.8   administration, to be available in the fiscal year beginning 
  3.9   July 1, 1995, to cover the cost of initiating the program 
  3.10  required by section 1.