The Ombudsman’s powers and duties include, but are not limited to the
following:
A. To investigate, on complaint or on the Ombudsman’s own initiative,
any administrative act of an agency, without regard to the finality of the
administrative act, if he or she reasonably believes that it is an appropriate
subject for review;
B. To undertake, participate in or cooperate with persons and agencies
in such general studies, conferences, inquiries, meetings, or studies which
might improve the functioning of agencies or lessen the risks that objectionable
administrative acts will occur;
C. To make such inquiries and obtain such reasonable assistance and
information from any agency or person as the Ombudsman shall require for the
discharge of the Ombudsman's duties; and he or she may without prior notice
enter and inspect the premises of any agency. Agencies shall not restrict the
Ombudsman's access to agency personnel;
D. Notwithstanding any other provision of city law, to have access to
and to examine and copy, without payment of a fee, any agency records, including
records which are confidential by city law, subject to any applicable state or
federal laws. Except, the Ombudsman shall not have access to legally privileged
documents held by the City Attorney or Attorney-Client communications held by
the City Attorney clients. The Ombudsman shall not disclose confidential records
and shall be subject to the same penalties as the legal custodian of the records
for any unlawful or unauthorized disclosure;
E. To request any person or agency to give sworn testimony or to
produce documentary or other evidence that is reasonably relevant to the matters
under investigation;
F. To maintain confidential any matter related to complaints and
investigations to the extent allowable by law, except as the Ombudsman deems
necessary to discharge the Ombudsman's duties or as directed by the District
Attorney pursuant to a public records request;
G. To take appropriate measures to enforce the provisions of this
chapter, including issuing reports, submitting recommendations, or seeking
Council authorization for legal recourse if necessary to carry out the duties of
the Ombudsman Office;
H. To adopt, promulgate, amend and rescind rules and regulations
required for the discharge of the Ombudsman's duties, including policies and
procedures for receiving and processing complaints, conducting investigations,
and reporting findings, conclusions and recommendations. However, the Ombudsman
may not levy any fees for the submission or investigation of complaints;
I. To insure that a budget for the Office of the Ombudsman is well
prepared and administered.
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