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, […]
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 […]
41-1373. Ombudsman-citizens aide selection committee A. 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: 1. Two members of the senate appointed by the president of the senate. One member shall be […]
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 […]
41-1375. Ombudsman-citizens aide; term; compensation A. The office of ombudsman-citizens aide is established. B. 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. C. The term of office of […]
41-1376. Powers and duties A. The ombudsman-citizens aide shall: 1. 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. […]
41-1376.01. Additional powers and duties; definitions A. In addition to the powers and duties prescribed in section 41-1376, the ombudsman-citizens aide shall appoint one assistant who is 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. […]
41-1377. Scope of investigations A. 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: 1. Contrary to law. 2. Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion or unnecessarily discriminatory, even though they may be in accordance with law. 3. […]
41-1378. Complaint; investigation; investigative authority; violation; classification A. 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. B. Within thirty days of receipt of the […]
41-1379. Procedures after an investigation A. 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 […]
41-1380. Ombudsman-citizens aide protections A. 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. […]
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 […]
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.
