Bill Text: MI SB0788 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Legislature; legislative agencies; ombudsman for public employees; create. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-30 - Referred To Committee On Government Operations [SB0788 Detail]
Download: Michigan-2017-SB0788-Introduced.html
SENATE BILL No. 788
January 30, 2018, Introduced by Senators STAMAS, ANANICH, HUNE, BIEDA, HOPGOOD, JONES, HORN, HOOD, COLBECK and GREGORY and referred to the Committee on Government Operations.
A bill to create the office of the state employee ombudsman;
to provide a process for investigating and evaluating reports of
suspected violations of law, conduct or decisions that may endanger
public health or safety, and gross mismanagement of public funds;
to prescribe the powers and duties of the office, the ombudsman,
the legislative council, and certain other state agencies and
officials; and to prescribe penalties and provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "state
employee ombudsman act".
Sec. 2. As used in this act:
(a) "Administrative act" includes an action, omission,
decision, recommendation, practice, or other procedure of a state
department or agency.
(b) "Complainant" means an individual who submits a complaint
to the ombudsman under this act.
(c) "Council" means the legislative council provided for in
section 15 of article IV of the state constitution of 1963 and
created in section 103 of the legislative council act, 1986 PA 268,
MCL 4.1103.
(d) "Office" means the office of the state employee ombudsman
created in section 3.
(e) "Ombudsman" means the state employee ombudsman appointed
under section 3.
(f) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(g) "State department or agency" means a state department or
other agency within the executive branch.
(h) "State employee" means a full-time or part-time employee
of a state department or agency.
Sec. 3. (1) The office of the state employee ombudsman is
created within the legislative council.
(2) The principal executive officer of the office is the state
employee ombudsman, who shall be appointed by and serve at the
pleasure of the council.
Sec. 4. The council shall establish procedures for approving
the budget of the office, for expending funds of the office, and
for employing personnel for the office.
Sec. 5. (1) The ombudsman may commence an investigation upon
his or her own initiative or upon receipt of a complaint from a
state employee concerning an administrative act.
(2) Subject to approval of the council, the ombudsman shall
establish procedures for receiving and processing complaints,
conducting investigations, holding hearings, and reporting the
findings resulting from investigations.
Sec. 6. (1) Upon request, the ombudsman must be given access
to all information, records, and documents in the possession of a
state department or agency that the ombudsman considers necessary
in an investigation, including, but not limited to, all of the
following:
(a) Violations or suspected violations of law.
(b) Conduct by a state department or agency that will, or is
substantially likely to, endanger public health or safety.
(c) Gross mismanagement or waste of public funds.
(2) The ombudsman may hold informal hearings and may request
that any individual appear before the ombudsman or at a hearing and
give testimony or produce documentary or other evidence that the
ombudsman considers relevant to an investigation.
Sec. 7. (1) The ombudsman shall advise a complainant to pursue
all administrative remedies open to the complainant. Upon request
from the ombudsman, a state department or agency shall provide a
progress report concerning the administrative processing of a
complaint submitted to the state department or agency. After the
state department or agency takes administrative action on a
complaint, the ombudsman may conduct further investigation at the
request of a complainant or on his or her own initiative.
(2) The ombudsman is not required to conduct an investigation
on a complaint brought before the ombudsman. A complainant is not
entitled to have an investigation conducted by the ombudsman.
Sec. 8. Upon receiving a complaint under this act and deciding
to investigate the complaint, the ombudsman shall notify the
complainant and the state department or agency. If the ombudsman
declines to investigate, the ombudsman shall notify the
complainant, in writing, of the reasons for the ombudsman's
decision.
Sec. 9. Upon request of the ombudsman, the council may hold a
hearing. The council may administer oaths, subpoena witnesses, and
examine the books and records of the state department or agency
that is or was a proper subject of investigation by the ombudsman.
Sec. 10. (1) Subject to subsection (2), correspondence between
the office and a complainant is confidential, is privileged
communication, and is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The office shall maintain confidentiality regarding all
matters under investigation and the identities of the complainants
or persons from whom information is acquired, unless disclosure is
necessary to enable the ombudsman to perform the duties of the
office or to support any recommendations resulting from an
investigation.
Sec. 11. (1) Within 30 days after completing the
investigation, the ombudsman shall prepare and provide to the
complainant a resolution report that details the findings of the
investigation, the recommendations of the ombudsman, and any
actions that have been taken to address the complainant's concerns.
The ombudsman may request that a state department or agency notify
the ombudsman within a specified time of any action taken on any
recommendation presented. The ombudsman shall notify the
complainant of the actions a state department or agency takes to
address the complaint.
(2) In addition to the report prepared under subsection (1),
within 30 days after completing an investigation, the ombudsman
shall prepare and submit a report of its findings to the council.
The report must include recommendations if the ombudsman finds any
of the following:
(a) Conduct that will or is substantially likely to endanger
public health or safety.
(b) A violation or a suspected violation of law.
(c) The gross mismanagement or waste of public funds.
(d) A matter that the state department or agency should
consider.
(e) An administrative act that should be modified or canceled.
(f) A statute or rule that should be altered.
(g) An administrative act for which justification is
necessary.
(h) Any other significant concern as determined by the
ombudsman.
(3) Subject to section 12, the council may forward the report
prepared and submitted under subsection (2) to the state department
or agency and the complainant who requested the report.
(4) A report prepared and recommendations made by the
ombudsman and submitted to the council under subsection (2) are
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
Sec. 12. Before announcing to the general public a conclusion
or recommendation that expressly or by implication criticizes a
state department or agency, the ombudsman shall consult with the
state department or agency. If the ombudsman publishes an opinion
adverse to a state department or agency, the ombudsman shall
include in that publication a statement of reasonable length made
to the ombudsman by the state department or agency in defense or
mitigation of the finding if that statement is provided within a
reasonable time as determined by the council.
Sec. 13. (1) The ombudsman shall submit to the council and the
legislature an annual report on the conduct of the office that
contains information required by the council.
(2) The ombudsman shall annually post on its website a report
that contains all of the following:
(a) The number of complaints received.
(b) The number of complaints investigated.
(c) The number of complaints resolved.
(d) The nature of each incident that was the basis for the
complaint. However, personal identifying information must not be
included.
(e) The average time from the receipt of a complaint until a
resolution report is provided under section 11(1).
(f) The percentage of repeat complaints.
(g) Satisfaction feedback.
(h) Any additional information the council requests to be
included in the annual report or the ombudsman considers relevant.
Sec. 14. (1) A state department or agency shall not penalize
in any way a complainant for filing a complaint, providing
information to the council or a legislator, or cooperating with the
ombudsman in investigating a complaint.
(2) A state department or agency or any person shall not
hinder the lawful actions of the ombudsman or employees of the
office or willfully refuse to comply with any lawful demand of the
office.
Sec. 15. The authority granted to the ombudsman under this act
is in addition to other authority granted by law to any other
office or agency relative to a remedy or right of appeal or
objection for a complainant, or any procedure provided for the
inquiry into, or investigation of, any matter. The authority
granted to the ombudsman under this act does not limit or affect
any other remedy or right of appeal or objection provided by law
and shall not be considered to be exclusionary.
Sec. 16. A person that violates this act is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
