§11055.__Qualifications

The ombudsman must be a person well equipped to analyze problems of law, administration and public policy and may not be actively involved in partisan affairs.

§11056.__Term of office

The ombudsman serves a term of 5 years unless removed by vote of 2/3 of the members of each chamber of the Legislature upon a determination that the ombudsman has become incapacitated or has been guilty of neglect of duty or misconduct.

1. Vacancy.__If the Office of Ombudsman becomes vacant for any cause, the deputy ombudsman shall serve as acting ombudsman until an ombudsman has been appointed for a full term.

§11057.__Salary

The ombudsman receives the same salary, allowances and related benefits as the Chief Justice of the Maine Supreme Judicial Court.

§11058.__Organization of the office

In order to execute the provisions of this chapter, the ombudsman shall:

1.__Staff.__Select, appoint and compensate as the ombudsman sees fit, within the funds available, any assistants and employees the ombudsman determines necessary.__Employees are subject to the personnel laws of the State;

2.__Deputy.__Designate one of the ombudsman's assistants to be the deputy ombudsman with the authority to act in the ombudsman's stead in the event that the ombudsman is disabled or protractedly absent; and

3.__Delegation of duties.__Delegate to other members of the staff, as the ombudsman determines necessary, any of the ombudsman's authority or duties under this chapter except the power of delegation and the duty of formally making recommendations to administrative agencies or reports to the Governor or the Legislature.

§11059.__Authority

The ombudsman has the authority to:

1.__Investigations.__Investigate, on complaint or on the ombudsman's own motion, any administrative act of an administrative agency;

2.__Procedures.__Prescribe the methods by which complaints are to be made, received and acted upon; determine the scope and manner of investigations to be made; and, subject to the requirements of this Act, determine the form, frequency and distribution of the ombudsman's conclusions and recommendations;

3.__Requests for information.__Request and receive from each administrative agency the assistance and information the ombudsman determines necessary for carrying out the purposes of this chapter.__The ombudsman may examine the records and documents of all administrative agencies and may enter and inspect the premises within any administrative agency's control;

4.__Subpoena.__Issue a subpoena to compel any person to appear, give sworn testimony or produce documentary or other evidence the ombudsman determines relevant to a matter under inquiry; and

5.__Participate in studies.__Participate in or cooperate with general studies or inquiries, whether or not related to any particular administrative agency or any particular administrative act, if the ombudsman believes that they may enhance knowledge about or lead to improvements in the functioning of administrative agencies.

§11060.__Matters appropriate for investigation

1.__Selecting acts to investigate.__The ombudsman may investigate administrative acts that might be:

A.__Contrary to law or rule;

B.__Unreasonable, unfair, oppressive or inconsistent with the general course of an administrative agency's functioning;

C.__Mistaken in law or arbitrary in fact-finding;

D.__Improper in motivation or based on irrelevant considerations;

E.__Unclear or inadequately explained;

F.__Inefficiently performed; or

G. Otherwise objectionable.

§11061.__Duties

1.__Action on complaints.__The ombudsman may receive a complaint from any source concerning an administrative act and shall conduct a suitable investigation into the complaint unless the ombudsman believes that:

A.__The complainant has available another reasonable remedy or channel of complaint;

B.__The grievance pertains to a matter outside the ombudsman's power;

C.__The complainant's interest is insufficiently related to the subject matter;

D.__The complaint is trivial, frivolous, vexatious or not made in good faith;

E.__Other complaints are more worthy of attention;

F.__The ombudsman's resources are insufficient for adequate investigation; or

G.__The complaint has been delayed too long to justify the present examination of its merit.

Declining to investigate a complaint does not bar the ombudsman from proceeding on the ombudsman's own motion to inquire into the matter complained about or into related problems.

2.__Notification.__After completing consideration of a complaint, whether or not it has been investigated, the ombudsman shall inform the complainant and when appropriate the administrative agency or agencies involved.

3.__Review certain correspondence.__A letter to the ombudsman from a person in a place of detention or in a hospital or other institution under the control of an administrative agency must be forwarded immediately, unopened, to the ombudsman for the ombudsman's review.

4.__Consultation with agency.__Before announcing a conclusion or recommendation that criticizes an administrative agency or an official, the ombudsman shall consult with that agency or person.

5.__Recommendations.__The ombudsman shall state the recommendations to the administrative agency if, having considered a complaint and whatever materials the ombudsman determines pertinent, the ombudsman is of the opinion that an administrative agency should:

A.__Consider the matter further;

B.__Modify or cancel an administrative act;

C.__Alter a rule or ruling;

D.__Explain more fully the administrative act in question; or

E.__Take any other step.

6.__Publication of recommendations.__The ombudsman may publish the conclusions, recommendations and suggestions by transmitting them to the Governor, the Legislature or any of its committees, the press and others who may be concerned.__When publishing an opinion adverse to an administrative agency or official, the ombudsman shall, unless excused by the agency or official affected, include the substance of any statement the administrative agency or official made to the ombudsman to explain past difficulties or present rejection of the ombudsman's proposals.

7.__Reports.__In addition to whatever reports the ombudsman makes from time to time, on or before February 15th of each year the ombudsman shall report to the joint standing committee of the Legislature having jurisdiction over state government matters and to the Governor concerning the exercise of the ombudsman's responsibilities during the preceding calendar year.__In discussing matters with which the ombudsman has dealt, the ombudsman need not identify those immediately concerned if to do so would cause needless hardship.__So far as the annual report may criticize named agencies or officials, it must also include the substance of their replies to the criticism.

8.__Disciplinary action against public personnel.__If the ombudsman has reason to believe that a public official, employee or other person has acted in a manner warranting a criminal or disciplinary proceeding, the ombudsman shall refer the matter to the appropriate authorities.

§11062.__Information on actions

If the ombudsman so requests, an agency that receives a recommendation, within the time specified, shall inform the

ombudsman about the action taken on the recommendation or the reasons for not complying with the recommendation.

§11063.__Proceedings brought to enforce Act

This section applies to proceedings brought to enforce this chapter.

1.__Immunity.__The ombudsman has immunity as provided in this subsection.

A.__A proceeding, opinion or expression of the ombudsman is not reviewable in any court.

B.__A civil action may not lie against the ombudsman or any member of the ombudsman's staff for anything done, said or omitted in performing the actions necessary to carry out the purposes of this chapter.

C.__Neither the ombudsman nor any member of the ombudsman's staff is required to testify or produce evidence in any judicial proceeding concerning matters within the ombudsman's official cognizance except a proceeding brought to enforce this chapter.

2.__Rights and duties of witnesses.__This subsection applies to witnesses in proceedings brought to enforce this chapter.

A.__A person required by the ombudsman to appear in person to provide information must be paid the same fees and travel allowances as those extended to witnesses whose attendance is required in the courts of this State.

B.__A person who, with or without service of compulsory process, provides oral or documentary information requested by the ombudsman must be accorded the same privileges and immunities as those extended to witnesses in the courts of this State and is entitled to be accompanied and advised by counsel while being questioned.

C.__If a person refuses to respond to the ombudsman's subpoena, refuses to be examined or engages in obstructive misconduct, the ombudsman shall certify the facts to the District Court.__The court shall thereupon issue an order directing the person to appear before the court to show cause why the person should not be punished for contempt.__The order and a copy of the ombudsman's certified statement must be served on that person.__ Thereafter, the court has jurisdiction over the matter, and the same proceedings may be held, the same penalties may be imposed and the person

charged may be purged of the contempt charge in the trial of a civil action before the court.

3.__Obstruction; fines.__A person who willfully obstructs or hinders proper exercise of the ombudsman's functions or who willfully misleads in the ombudsman's inquiries must be fined an amount not to exceed $1,000.

§11064.__Relation to other laws

This chapter does not in any way limit or affect any other law under which a remedy or right of appeal is provided for a person or under which a procedure is provided for the inquiry into or investigation of any matter.

Sec. 2. Effective date. This Act takes effect January 1, 2003.

SUMMARY

This bill establishes the Office of Ombudsman. The ombudsman shall oversee and hear complaints regarding the actions of administrative agencies of the State. This Act takes effect January 1, 2003.