Below is the full text of Arizona Revised Statutes, Title 41, Chapter 8, Article 5, about the Office of Ombudsman-Citizens Aide.

Arizona Revised Statutes, Title 41, Chapter 8, Article 5, Office of Ombudsman-Citizens Aide

• Article 5, consisting of Sections 41-1371 to 41-1383, was added by Laws 1995,  Ch 281, Section 1, effective July 1, 1996. 
• Article 5, consisting of Sections 41-1371 to 41-1383, was amended by Laws  1997, Second Special Session, Ch 3, effective November 17, 1997. 
• Article 5, Section 41-1378 was amended by Laws 2000, Chapter 47, effective  July 18, 2000 
• Article 5, Section 41-1378 was amended by Laws 2001, Chapter 261, effective August 9, 2001 and Laws 2001, Chapter 344, effective October 1, 2001 
• Article 5, Section 41-1376.01 was added by Laws 2006, Chapter 370, section 1, effective January 1, 2007. 
• Article 5, Section 41-1376.01 was amended by Laws 2007, Chapter 92, section  1, effective September 19, 2007. 
• Article 5, Sections 41-1376 and 41-1380 was amended by Laws 2014, Second  Special Session, Chapter 1, Section 131, effective May 29, 2014. 
• Article 5, Sections 41-1376 and 41-1376.01 were amended by Laws 2014,  Chapter 204, Section 4, effective July 24, 2014. 
• Article 5, Section 41-1376 was amended by Laws 2017, Chapter 30, Section 2,  effective July 31, 2018. 
• Article 5, Sections 41-1376.01 and 41–1378 were amended Laws 2018,  Chapter 338, Section 13, effective January 1, 2019. 

41-1371. Definitions 

In this article, unless the context otherwise requires: 

1. “Administrative act” means an action, decision, omission, recommendation,  practice, policy or procedure of an agency but does not include the preparation  or presentation of legislation or the substantive content of a judicial order,  decision or opinion. 
2. “Agency” means a department, office, corporation, authority, organization,  commission, council or board of the executive branch of state government, a  department, office, institution, authority, organization, commission, committee,  council or board of state government that is independent of the executive or  legislative branches of state government or an officer, employee or member of an agency acting or purporting to act in the exercise of official duties. Agency does not mean the judicial department of state government, the board of regents, universities or community college districts. 
3. “Record” means any document, photograph, film, exhibit or other item  developed or received under law or in connection with the transaction of official  business except an attorney’s work product, communications that are protected  under the attorney-client privilege and confidential information as defined in  section 41-1378, subsection D, paragraph 4. 

41-1372. Exemptions 

This article does not apply to: 

1. Any elected state official. 
2. Chief advisors who maintain a direct, confidential and advisory relationship with: (a) The governor. 

(b) The secretary of state. 

(c) The attorney general. 

(d) The state treasurer. 

(e) The state mine inspector. 

(f) The superintendent of public instruction. 

(g) A commissioner of the corporation commission. 

3. An agency attorney who maintains an attorney-client relationship with either: (a) An officer or employee of an agency acting in the exercise of the officer’s  or employee’s duty. 

(b) An elected official who is listed under paragraph 2. 

4. The staff of the legislature. 

41-1373. Ombudsman-citizens aide selection committee 

1. When there is a vacancy in the office of ombudsman-citizens aide, or within  twelve months before the expiration of the term of office, the ombudsman citizens aide selection committee is established consisting of: 
2. Two members of the senate appointed by the president of the senate.  One member shall be from each political party. 
3. Two members of the house of representatives appointed by the speaker  of the house of representatives. One member shall be from each political  party. 
4. One public member who is appointed by the president of the senate and  who represents a large business that is regulated by this state. 
5. One public member who is appointed by the speaker of the house of  representatives and who represents a small business that is regulated by  this state. 
6. Three members who are appointed by the governor and who represent: 

(a) A consumer group that is not regulated by this state. 

(b) State employees who hold managerial positions.

(c) State employees who hold non-managerial positions. 

1. The appointing officers shall appoint the members of the committee when a  vacancy occurs in the office of ombudsman-citizens aide. The committee shall  receive applications and nominate by a two-thirds vote one candidate for  ombudsman-citizens aide according to its adopted procedures. The  appointment of the ombudsman-citizens aide from this nomination is made by  passage of a bill on a roll call vote of two-thirds of the membership of each  house of the legislature. Membership on the ombudsman-citizens aide selection committee expires when the appointment is approved. If the governor disapproves the bill, he shall return it to the house in which it originated. If after  reconsideration, it again passes on a roll call vote of three-fourths of the  membership of each house of the legislature, it shall become law  

notwithstanding the governor’s objection. 

1. Meetings of the committee are open to the public except for meetings to  interview candidates and to make preliminary choices among the candidates.  The meeting held to vote for the nominee is open to the public. 
2. The identity of all candidates shall be public. 
3. Committee members are eligible to receive reimbursement of expenses  pursuant to title 38, chapter 4, article 2 but are not eligible to receive  compensation. 

41-1374. Qualifications 

A person may not serve as ombudsman-citizens aide within one year of the last day  the person served as a state elected officer. As minimum qualifications, the  ombudsman-citizens aide shall be a resident of this state for at least six months, shall  be at least twenty-five years of age and shall have investigatory experience. 

41-1375. Ombudsman-citizens aide; term; compensation 

1. The office of ombudsman-citizens aide is established. 
2. The ombudsman-citizens aide who is appointed and approved under section  41-1373 shall serve full time and shall be a public officer subject to the conflict  of interest provisions of title 38, chapter 3, article 8. 
3. The term of office of the ombudsman-citizens aide is five years beginning on  the date of appointment. Except as provided in subsection D of this section, the  ombudsman-citizens aide shall not serve more than three full terms. 
4. If the term of the ombudsman-citizens aide expires without the appointment of a  successor, the incumbent ombudsman-citizens aide may continue in office until  either: 
5. A successor is appointed.
6. The ombudsman-citizens aide is removed from office pursuant to subsection E of this section. 
7. The ombudsman-citizens aide may be removed from office at any time by a  concurrent resolution approved by two-thirds of the membership of each house  of the legislature, but only for neglect of duty, conviction of improperly divulging  confidential information, misconduct or disability. The ombudsman-citizens aide  may forfeit the office of ombudsman-citizens aide without legislative action  pursuant to section 38-510. If the ombudsman-citizens aide is removed,  resigns, dies or becomes incapacitated, a deputy ombudsman may serve as  acting ombudsman-citizens aide until a new ombudsman-citizens aide is appointed. 
8. The ombudsman-citizens aide is eligible to receive compensation as  determined pursuant to section 38-611. 
9. The ombudsman-citizens aide may incur, subject to appropriation, expenses  that are necessary to carry out the duties under this chapter. The legislative  council shall fund the expenses of the ombudsman-citizens aide from the  monies appropriated to the council. The legislative council shall include the  expenses as a line item in the general appropriations act. 

41-1376. Powers and duties 

1. The ombudsman-citizens aide shall: 
2. Investigate the administrative acts of agencies pursuant to section 41- 1377, subsections A and B except as provided in section 41-1377,  subsections C, D and E. The ombudsman-citizens aide shall investigate  the administrative acts of an agency without regard to the finality of the  administrative act. 
3. Annually before January 1 prepare a written report to the governor, the  legislature and the public that contains a summary of the ombudsman citizens aide’s activities during the previous fiscal year. The ombudsman citizens aide shall semiannually present this report before the legislative  council and distribute copies of the report to the director of the governor’s  office of strategic planning and budgeting, the chairperson of the joint  legislative budget committee and the cochairpersons of the administrative rules oversight committee. This report shall include: 

(a) The ombudsman-citizens aide’s mission statement. 

(b) The number of matters that were within each of the categories specified in section 41-1379, subsection B. 

(c) Legislative issues affecting the ombudsman-citizens aide. 

(d) Selected case studies that illustrate the ombudsman-citizens aide’s work and reasons for complaints. 

(e) Ombudsman-citizens aide’s contact statistics.

(f) A description of the public awareness and outreach activities conducted by the ombudsman-citizens aide.

(g) Ombudsman-citizens aide’s staff. 

3. Before conducting the first investigation adopt rules that ensure that  confidential information that is gathered will not be disclosed. 
4. Appoint a deputy ombudsman and prescribe the duties of employees or,  subject to appropriation, contract for the services of independent contractors necessary to administer the duties of the office of ombudsman-citizens aide. All staff serves at the pleasure of the 

ombudsman-citizens aide, and they are exempt from chapter 4, articles 5 and 6 of this title. All staff shall be subject to the conflict of interest  provisions of title 38, chapter 3, article 8. 

5. Before conducting the first investigation, adopt rules that establish  procedures for receiving and processing complaints, including guidelines  to ensure each complainant has exhausted all reasonable alternatives  within the agency, conducting investigations, incorporating agency  responses into recommendations and reporting findings. 
6. Notify the chief executive or administrative officer of the agency in writing  of the intention to investigate unless notification would unduly hinder the  investigation or make the investigation ineffectual. 
7. Appoint an assistant to help the ombudsman-citizens aide investigate  complaints relating to the department of child safety. The assistant shall  have expertise in the department of child safety procedures and laws.  Notwithstanding any law to the contrary, the ombudsman-citizens aide  and the assistant have access to the department of child safety records  and to any automated case management system used by the  

department of child safety. 

1. After the conclusion of an investigation and notice to the head of the agency  pursuant to section 41-1379, the ombudsman-citizens aide may present the  ombudsman-citizens aide’s opinion and recommendations to the governor, the  legislature, the office of the appropriate prosecutor or the public, or any  combination of these persons. The ombudsman-citizens aide shall include in  the opinion the reply of the agency, including those issues that were resolved  as a result of the ombudsman-citizens aide’s preliminary opinion or recommendation. 

41-1376.01. Additional powers and duties; definitions 

1. In addition to the powers and duties prescribed in section 41-1376, the  ombudsman-citizens aide shall appoint two assistants, one of whom shall be an  attorney, to help the ombudsman-citizens aide investigate complaints relating to public access laws involving an agency and complaints and compliance with  reporting requirements pursuant to this article. The assistants shall train public  officials and educate the public on the rights of the public and the  responsibilities of public agencies under the public access laws. The assistants  shall prepare interpretive and educational materials and programs in  cooperation with the ombudsman-citizens aide and shall distribute to elected or  appointed public officials the public access laws and educational materials concerning the public access laws. 
2. The annual report of the ombudsman-citizens aide shall include the following  information about public access: 
3. The number of inquiries that are received from the public, the media and  government agencies. 
4. The number of inquiries that are received about state agencies, county  agencies, city or town agencies, school districts and other local  jurisdictions. 
5. The number of requests that are received concerning public records and  public meetings. 
6. The number of investigations that are conducted and the results of the  investigations. 
7. For investigations made pursuant to this section, the ombudsman-citizens aide  may: 
8. Make inquiries and obtain information considered necessary subject to  the restrictions in section 41-1377. 
9. Enter without notice to inspect agency premises with agency staff on the  premises. 
10. Hold hearings. 
11. Notwithstanding any other law, have access to all agency records,  including confidential records, except: 

(a) Sealed court records without a subpoena. 

(b) Active criminal investigation records. 

(c) Records that could lead to the identity of confidential police  informants. 

(d) Attorney work product and communications that are protected under attorney-client privilege. 

(e) Confidential information as defined in section 42-2001, except  as provided in section 42-2003, subsection L. 

(f) Information protected by section 6103(d), 6103(p) or 7213 of the  internal revenue code. 

(g) Confidential information relating to section 36-2903, subsection  I, section 36-2917, section 36-2932, subsection F or section 36- 2972. 

(h) Confidential information relating to sections 36-507, 36-509 and  36-2220.

(i) Documents that are protected by section 214 of the critical infrastructure information act of 2002 (6 United States Code section 133(a) or by 49 Code of Federal Regulations part 1520. 

(j) Information that is protected by section 214 of the critical infrastructure information act of 2002 (6 United States Code section 133(a) or 49 Code of Federal Regulations part 1520 or critical infrastructure information as defined by section 41-1801 on government owned facilities that are classified as critical infrastructure by the federal government or as defined by section  

41-1801. 

5. Issue subpoenas if necessary to compel the attendance and testimony of  witnesses and the production of books, records, documents and other  evidence to which the ombudsman-citizens aide may have access pursuant to paragraph 4 of this subsection. The ombudsman-citizens  aide may only issue a subpoena if the ombudsman-citizens aide has  previously requested testimony or evidence and the person or agency to  which the request was made has failed to comply with the request in a  reasonable amount of time. 
6. It is contrary to the public policy of this state for any agency or any individual  acting for an agency to take any adverse action against an individual in  retaliation because the individual cooperated with or provided information to the  ombudsman-citizens aide or the ombudsman-citizens aide’s staff. 
7. For the purposes of this section: 
8. “Agency” has the same meaning prescribed in section 41-1371 but  includes a public body as defined in section 39-121.01, subsection A,  paragraph 2. 
9. “Public access laws” means: 

(a) Title 39, chapter 1. 

(b) Title 38, chapter 3, article 3.1. 

(c) Any other state statute or rule governing access to public meetings or public records. 

41-1377. Scope of investigations 

1. On receiving a complaint the ombudsman-citizens aide may investigate  administrative acts of agencies that the ombudsman-citizens aide has reason to  believe may be: 
2. Contrary to law. 
3. Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of  discretion or unnecessarily discriminatory, even though they may be in  accordance with law. 
4. Based on a mistake of fact. 
5. Based on improper or irrelevant grounds. 
6. Unsupported by an adequate statement of reasons.
7. Performed in an inefficient or discourteous manner. 
8. Otherwise erroneous. 
9. On receiving a complaint the ombudsman-citizens aide may investigate to find  an appropriate remedy. 
10. On receiving a complaint the ombudsman-citizens aide may refuse to  investigate an administrative act of an agency that otherwise qualifies for  investigation under subsection A of this section if: 
11. There is presently available an adequate remedy for the grievance stated  in the complaint. 
12. The complaint relates to a matter that is outside the duties of the  ombudsman-citizens aide. 
13. The complaint relates to an administrative act that the complainant has  had knowledge of for an unreasonable time period before filing the  complaint. 
14. The complainant does not have a sufficient personal interest in the  subject matter of the complaint. 
15. The complaint is trivial or made in bad faith. 
16. The resources of the office of ombudsman-citizens aide are insufficient  to adequately investigate the complaint. 
17. The ombudsman-citizens aide shall refuse to investigate complaints filed by a  person in the custody of the state department of corrections. 
18. On receiving a complaint that involves confidential information as defined in  section 42-2001, the ombudsman-citizens aide shall either: 
19. Work with the department of revenue problem resolution officer or an  employee of the department of revenue who is authorized to access confidential taxpayer information. 
20. Obtain a power of attorney from the taxpayer to access confidential  information specific to the complainant in a form acceptable to the  department of revenue. 
21. On receiving a complaint that involves confidential information relating to  section 36-2903, subsection I, section 36-2917, section 36-2932, subsection F  or section 36-2972, the ombudsman-citizens aide shall either: 
22. Work with the Arizona health care cost containment system 

administration employee who is authorized to access confidential information. 

2. Obtain a power of attorney from the complainant to access confidential  information specific to the complainant in a form acceptable to the  Arizona health care cost containment system administration. 
3. On receiving a complaint that involves confidential information relating to  sections 36-507, 36-509 and 36-2220, the ombudsman-citizens aide shall  either: 
4. Work with the department of health services employee who is authorized  to access confidential information. 
5. Obtain a power of attorney from the complainant to access confidential  information specific to the complainant in a form acceptable to the  department of health services. 

41-1378. Complaint; investigation; investigative authority; 

violation; classification 

1. All complaints shall be addressed to the ombudsman-citizens aide. If an agency  receives correspondence between a complainant and the ombudsman-citizens  aide, it shall hold that correspondence in trust and shall promptly forward the  correspondence, unopened, to the ombudsman-citizens aide. 
2. Within thirty days of receipt of the complaint, the ombudsman-citizens aide shall  notify the complainant of the decision to investigate or not to investigate the  complaint. If the ombudsman-citizens aide decides not to investigate and if  requested by the complainant, the ombudsman-citizens aide shall provide the  reasons for not investigating in writing. 
3. The ombudsman-citizens aide shall not charge any fees for investigations or  complaints. 
4. In an investigation, the ombudsman-citizens aide may: 
5. Make inquiries and obtain information considered necessary subject to  the restrictions in section 41-1377. 
6. Enter without notice to inspect agency premises with agency staff on the  premises. 
7. Hold hearings. 
8. Notwithstanding any other law, have access to all state agency records,  including confidential records, except: 

(a) Sealed court records without a subpoena. 

(b) Active criminal investigation records. 

(c) Records that could lead to the identity of confidential police informants.

(d) Attorney work product and communications that are protected under the attorney-client privilege. 

(e) Confidential information as defined in section 42-2001, except  as provided in section 42-2003, subsection L. 

(f) Information protected by section 6103(d), 6103(p)(8) or 7213 of  the internal revenue code. 

(g) Confidential information relating to section 36-2903, subsection  I, section 36-2917, section 36-2932, subsection F or section 36-2972.

(h) Confidential information relating to sections 36-507, 36-509 and  36-2220.

 

5. Issue subpoenas if necessary to compel the attendance and testimony of  witnesses and the production of books, records, documents and other  evidence to which the ombudsman-citizens aide may have access pursuant to paragraph 4 of this subsection. The ombudsman-citizens  aide may only issue a subpoena if the ombudsman-citizens aide has  previously requested testimony or evidence and the person or agency to  which the request was made has failed to comply with the request in a  reasonable amount of time. 
6. It is contrary to the public policy of this state for any state agency or any  individual acting for a state agency to take any adverse action against an  individual in retaliation because the individual cooperated with or provided  information to the ombudsman-citizens aide or the ombudsman-citizens aide’s  staff. 
7. If requested by the complainants or witnesses, the ombudsman-citizens aide  shall maintain confidentiality with respect to those matters necessary to protect  the identities of the complainants or witnesses. The ombudsman-citizens aide  shall ensure that confidential records are not disclosed by either the  ombudsman-citizens aide or staff to the ombudsman-citizens aide. The  ombudsman-citizens aide shall maintain the confidentiality of an agency record.  With respect to requests made pursuant to title 39, chapter 1, article 2 or other requests for information, the ombudsman-citizens aide shall maintain all records  that are received from a custodial agency in the same manner as the custodial  agency would if it had received the request. 
8. The ombudsman-citizens aide or any staff member or other employee of the  ombudsman-citizens aide who knowingly divulges or makes known in any  manner not permitted by law any particulars of any record, document or  information for which the law restricts disclosure is guilty of a class 5 felony. 

41-1379. Procedures after an investigation 

1. If an opinion or recommendation of the ombudsman-citizens aide is critical of a  person or agency, the ombudsman-citizens aide shall first consult with the  person or agency before rendering the opinion or recommendation. A  preliminary opinion or preliminary recommendation is confidential and shall not  be publicly disclosed by any party. 
2. The ombudsman-citizens aide shall report the ombudsman-citizens aide’s  opinion and recommendations to an agency, if the ombudsman-citizens aide  finds, after investigation, that: 
3. A matter should be further considered by that agency. 
4. A matter should be referred to the presiding officers of both houses of  the legislature for further investigation or legislative action. 
5. A statute or rule on which an administrative act is based should be  amended. 
6. An administrative act should be modified or cancelled. 
7. Reasons should be given for an administrative act. 
8. There are no grounds or there are insufficient grounds for action by the  agency. 
9. Any other action should be taken by the agency. 
10. The agency’s action was arbitrary or capricious, constituted an abuse of  discretion or was not according to law.
    
11. The ombudsman-citizens aide may request the agency to notify the office within  a specified time of any action taken on his recommendations.
12. The ombudsman-citizens aide shall notify the complainant of the ombudsman citizens aide’s recommendations and the actions taken by the agency.
13. If the ombudsman-citizens aide believes there is a breach of duty or misconduct  by an officer or employee of an agency in the conduct of the officer’s or  employee’s duty, the ombudsman-citizens aide shall refer the matter to the chief  executive officer of the agency, to the presiding officer of both houses of the  legislature, to a prosecutor’s office or to another appropriate official or agency. 

41-1380. Ombudsman-citizens aide protections 

8. A civil action may not be brought against the ombudsman-citizens aide or the  staff of the ombudsman-citizens aide for any action or omission in performing  the duties under this article except for gross negligence or intentional wrongful  acts or omissions except as provided in title 38, chapter 3, article 8. 
9. A proceeding or decision of the ombudsman-citizens aide may be reviewed in  superior court only to determine if it is contrary to this article. 
10. The ombudsman-citizens aide and the staff of the ombudsman-citizens aide  shall not be required to testify in court regarding matters that come to their  attention in the exercise of their duties except as may be necessary to enforce  this article. 
11. Records and files maintained by the ombudsman-citizens aide are not public  records and are exempt from title 39, chapter 1. The information contained in  these records and files that were prepared pursuant to an investigation  conducted under this article are not subject to disclosure except to the attorney  general or any county attorney in connection with an investigation that has been  referred to the attorney general or a county attorney pursuant to section 41- 1379. For the purposes of this subsection, “records and files” means all  information the department of child safety and the office of the ombudsman citizens aide gather during the course of a department of child safety  investigation conducted under this article from the time a file is opened until it is closed. Records and files do not include information that is contained in child  welfare agency licensing records. 

41-1381. Ombudsman-citizens aide political activity 

The ombudsman-citizens aide and the staff of the ombudsman-citizens aide may  express a private opinion, may register to vote as to party and may vote but may not  engage in any other political activity. If the ombudsman-citizens aide or any staff  member or employee of the ombudsman-citizens aide becomes a candidate for political office, that person shall resign. 

41-1382. Ombudsman-citizens aide office 

The office of ombudsman-citizens aide shall not be located within the state office  building complex or adjacent or contiguous to any other state agency. 

41-1383. Violation; classification 

A person who knowingly hinders the lawful actions of the ombudsman-citizens aide or  the staff of the ombudsman-citizens aide or who knowingly refuses to comply with their  lawful demands is guilty of a class 1 misdemeanor.