2002 Minnesota Statutes

     241.44 Powers of ombudsman; investigations; action on 
  complaints; recommendations. 

    Subdivision 1.    Powers.  The ombudsman may: 

    (a) prescribe the methods by which complaints are to be 
 made, reviewed, and acted upon; provided, however, that the 
 ombudsman may not levy a complaint fee; 

    (b) determine the scope and manner of investigations to be 
 made; 

    (c) except as otherwise provided, determine the form, 
 frequency, and distribution of conclusions, recommendations, and 
 proposals; provided, however, that the governor or a 
 representative may, at any time the governor deems it necessary, 
 request and receive information from the ombudsman.  Neither the 
 ombudsman nor any member of the ombudsman's staff shall be 
 compelled to testify or to produce evidence in any judicial or 
 administrative proceeding with respect to any matter involving 
 the exercise of the ombudsman's official duties except as may be 
 necessary to enforce the provisions of sections 241.41 to 
 241.45; 

    (d) investigate, upon a complaint or upon personal 
 initiative, any action of an administrative agency; 

    (e) request and shall be given access to information in the 
 possession of an administrative agency deemed necessary for the 
 discharge of responsibilities; 

    (f) examine the records and documents of an administrative 
 agency; 

    (g) enter and inspect, at any time, premises within the 
 control of an administrative agency; 

    (h) subpoena any person to appear, give testimony, or 
 produce documentary or other evidence which the ombudsman deems 
 relevant to a matter under inquiry, and may petition the 
 appropriate state court to seek enforcement with the subpoena; 
 provided, however, that any witness at a hearing or before an 
 investigation as herein provided, shall possess the same 
 privileges reserved to such a witness in the courts or under the 
 laws of this state; 

    (i) bring an action in an appropriate state court to 
 provide the operation of the powers provided in this 
 subdivision.  The ombudsman may use the services of legal 
 assistance to Minnesota prisoners for legal counsel.  The 
 provisions of sections 241.41 to 241.45 are in addition to other 
 provisions of law under which any remedy or right of appeal or 
 objection is provided for any person, or any procedure provided 
 for inquiry or investigation concerning any matter. Nothing in 
 sections 241.41 to 241.45 shall be construed to limit or affect 
 any other remedy or right of appeal or objection nor shall it be 
 deemed part of an exclusionary process; and 

    (j) be present at commissioner of corrections parole and 
 parole revocation hearings and deliberations. 

    Subd. 1a.    Actions against ombudsman.  No proceeding 
 or civil action except removal from office or a proceeding 
 brought pursuant to chapter 13 shall be commenced against the 
 ombudsman for actions taken pursuant to the provisions of 
 sections 241.41 to 241.45, unless the act or omission is 
 actuated by malice or is grossly negligent. 

    Subd. 2.    Matters appropriate for investigation.  (a) 
 In selecting matters for attention, the ombudsman should address 
 particularly actions of an administrative agency which might be: 

    (1) contrary to law or rule; 

    (2) unreasonable, unfair, oppressive, or inconsistent with 
 any policy or judgment of an administrative agency; 

    (3) mistaken in law or arbitrary in the ascertainment of 
 facts; 

    (4) unclear or inadequately explained when reasons should 
 have been revealed; 

    (5) inefficiently performed. 

    (b) The ombudsman may also be concerned with strengthening 
 procedures and practices which lessen the risk that 
 objectionable actions of the administrative agency will occur.  

    Subd. 3.    Complaints.  The ombudsman may receive a 
 complaint from any source concerning an action of an 
 administrative agency.  The ombudsman may, on personal motion or 
 at the request of another, investigate any action of an 
 administrative agency.  

    The ombudsman may exercise powers without regard to the 
 finality of any action of an administrative agency; however, the 
 ombudsman may require a complainant to pursue other remedies or 
 channels of complaint open to the complainant before accepting 
 or investigating the complaint. 

    After completing investigation of a complaint, the 
 ombudsman shall inform the complainant, the administrative 
 agency, and the official or employee, of the action taken.  

    A letter to the ombudsman from a person in an institution 
 under the control of an administrative agency shall be forwarded 
 immediately and unopened to the ombudsman's office.  A reply 
 from the ombudsman to the person shall be delivered unopened to 
 the person, promptly after its receipt by the institution. 

    No complainant shall be punished nor shall the general 
 condition of the complainant's confinement or treatment be 
 unfavorably altered as a result of the complainant having made a 
 complaint to the ombudsman. 

    Subd. 3a.    Investigation of adult local jails and 
 detention facilities.  Either the ombudsman or the department 
 of corrections' jail inspection unit may investigate complaints 
 involving local adult jails and detention facilities.  The 
 ombudsman and department of corrections must enter into an 
 arrangement with one another that ensures that they are not 
 duplicating each other's services. 

    Subd. 4.    Recommendations.  (a) If, after duly 
 considering a complaint and whatever material the ombudsman 
 deems pertinent, the ombudsman is of the opinion that the 
 complaint is valid, the ombudsman may recommend that an 
 administrative agency should: 

    (1) consider the matter further; 

    (2) modify or cancel its actions; 

    (3) alter a ruling; 

    (4) explain more fully the action in question; or 

    (5) take any other step which the ombudsman recommends to 
 the administrative agency involved. 

    If the ombudsman so requests, the agency shall within the 
 time the ombudsman specifies, inform the ombudsman about the 
 action taken on the ombudsman's recommendation or the reasons 
 for not complying with it. 

    (b) If the ombudsman has reason to believe that any public 
 official or employee has acted in a manner warranting criminal 
 or disciplinary proceedings, the ombudsman may refer the matter 
 to the appropriate authorities. 

    (c) If the ombudsman believes that an action upon which a 
 valid complaint is founded has been dictated by a statute, and 
 that the statute produces results or effects which are unfair or 
 otherwise objectionable, the ombudsman shall bring to the 
 attention of the governor and the legislature the ombudsman's 
 view concerning desirable statutory change. 

    Subd. 5.    Grants.  The ombudsman may apply for and 
 receive grants from public and private entities for purposes of 
 carrying out the ombudsman's powers and duties under sections 
 241.41 to 241.45. 

    HIST: 1973 c 553 s 4; 1975 c 271 s 6; 1976 c 318 s 2-4; 1980 c 
 509 s 48; 1981 c 311 s 39; 1982 c 545 s 24; 1983 c 274 s 18; 
 1985 c 248 s 70; 1986 c 444; 1997 c 239 art 9 s 12,13; 2002 c 
 374 art 10 s 3