A.R.S. tit. 41 ch. 8 — Arizona Revised Statutes Title 41 Chapter 8 — Agencies Of The Legislative Department

41-1301. Legislative council; members; terms; meetings A. There is established a legislative council which consists of the president of the senate and six members of the senate appointed by the president, and the speaker of the house of representatives and six members of the house of representatives appointed by the speaker, who serve for terms of two years terminating upon the convening of the regular session of the legislature each odd numbered year. The term of a member terminates immediately upon his ceasing to be a member of the legislature, but a member appointed to fill a vacancy caused otherwise than by expiration of term shall be appointed by the president of the senate or the speaker of the house of representatives, as the case may be, from the same body of the legislature from which his predecessor was appointed. The president of the senate and the speaker of the house of representatives shall cooperate in the selection of members to serve on the legislative council to the end that, insofar as possible, each geographical area of the state has representation on the council. B. The speaker of the house of representatives shall chair the council in even numbered years, and the president of the senate shall chair the council in odd numbered years. The council shall meet and organize by electing from among its membership additional officers as are deemed necessary or advisable. The council shall meet as often as the members deem necessary, and a majority of the members constitutes a quorum for the transaction of business. 41-1303. Minutes; reports A. The council shall keep complete minutes of its meetings which shall be filed with the secretary of the senate and the chief clerk of the house of representatives. B. The council shall prepare an annual report to be submitted to each regular session of the legislature containing such recommendations and other material as the council deems advisable. The council may, from time to time, make special reports for presentation to the legislature. 41-1304. Powers and duties A. The legislative council shall: 1. Provide bill drafting, research and other services to the legislature deemed necessary or advisable by the council to improve the quality of legislation and to ensure full participation by the legislative branch in determining and reviewing policy and the administration of state affairs. 2. Adopt rules and formulate policies for the administration of this article and for the conduct of the affairs of the council. 3. Appoint clerical, technical and professional assistants deemed necessary or advisable to carry out this article, fix their compensation and prescribe their powers and duties. 4. Maintain a legislative reference library. 5. Procure information at the request of members of the legislature on any legislative subject. 6. Prepare or revise bills and other legislative measures for members or committees of the legislature and, on request of a member of the legislature, for state officers and agencies. 7. Prepare and issue styles and forms for drafting bills, amendments and other legislative measures for the use of the legislature, state officers and persons interested in drafting amendments and bills or measures for introduction in the legislature, except that a font color other than black shall be used when preparing or revising temporary law for bills and amendments. The styles and forms for drafting amendments shall be developed and adopted in consultation and cooperation with the senate and the house of representatives. 8. Prepare and file with the secretary of state, not later than ten days preceding the regular primary election, an analysis of the provisions of each ballot proposal of a measure or proposed amendment. B. The legislative council may purchase, lease and otherwise acquire land and buildings and make improvements to land and buildings it acquires or uses for the purpose of providing suitable facilities for the use of the legislative department. The council may obtain operational and maintenance assistance for any legislative facilities without charge from the department of administration, may obtain security assistance from the department of public safety, may employ personnel to discharge operational, maintenance and security functions or may contract for outside services payable from council appropriations. C. The legislative council shall pay legal fees incurred jointly by the house of representatives and the senate on the authorization of the speaker of the house of representatives and the president of the senate. 41-1304.01. Continuing code revision A. The director of the Arizona legislative council shall provide for: 1. The preparation and submission to the legislature of a report as to defects in the constitution and laws of Arizona. 2. The drafting in the form of bills and resolutions of proposed legislation to carry out the recommendations contained in the report as to defects in the constitution and laws of Arizona. All drafting in the form of bills and resolutions of proposed legislation to correct defects in the constitution and laws of Arizona that were subject to a successful referendum shall be submitted to the legislature separately from all other drafts to correct reported defects. 3. The arranging for publication of annotations of decisions of the supreme court of Arizona. 4. The preparation, arranging and correlation for publication, at the end of each legislative session, of the laws enacted during the session. 5. The preparation, arranging and correlation for publication of other laws enacted. B. The director may prepare for submission to the legislature a rewriting and revision, in simplified style, phraseology and order, of any title, chapter, article or sections of the Arizona Revised Statutes. 41-1304.02. Preparing the statutes for publication; revisions A. The director of the Arizona legislative council, in carrying out section 41-1304.01, subsection A, paragraphs 4 and 5, shall not alter the sense, meaning or effect of any law but may: 1. Renumber sections and parts of sections of newly enacted text. 2. Rearrange sections, parts of sections, articles, chapters and titles. 3. Change reference numbers to agree with renumbered sections, parts of sections, articles, chapters or titles. 4. Substitute the proper section, article, chapter or title for the terms "the preceding section", "this article" and "this act" and similar terms. 5. Substitute the actual date for the terms "the effective date of this section" and "the effective date of this amendment to this section" and similar terms. 6. Strike out figures where they are merely a repetition of written words. 7. Change capitalization for the purpose of uniformity. 8. Correct manifest clerical, typographical and electronic database errors in statutory and nonstatutory text. B. The director shall: 1. Omit from the statutes all temporary laws, all titles to acts, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the law. 2. Include in the statutes any provision that was enacted as temporary law but that, by its nature, will have continuing application or effect. C. The director shall not undertake to make any change of: 1. Existing laws, it being the intention of this section that the director shall in no manner assume to exercise legislative power. 2. A provision that is subject to a referendum until the provision becomes law as provided in the Constitution of Arizona. 41-1304.03. Authority to blend sections amended or added more than once before publication When a section of the statutes is added or amended by two or more enactments, or if a section of the Constitution of Arizona is amended by vote of the people on two or more ballot propositions, after the most recent official publication of the statutes, the director of the Arizona legislative council may, when preparing the laws for the next publication, combine the multiple versions of each respective section into a single section, except that: 1. In so doing the director may not effect a substantive change in the existing statutes or the provisions of the new enactment. 2. A provision that is subject to a referendum shall not be combined with any other amendment or addition of the same section until the provision becomes law as provided in the Constitution of Arizona. 41-1304.04. Authority to accept and expend in the name of the legislature public and private gifts and grants The Arizona legislative council may accept and expend in the name of the legislature public and private gifts and grants. 41-1304.05. Architect of the capitol; state capitol building areas and other facilities; jurisdiction; maintenance; definition A. The office of the architect of the capitol is established in the Arizona legislative council. The director of the Arizona legislative council shall select an architect of the capitol and other personnel necessary to develop and maintain a master plan for the state capitol complex. The architect of the capitol appointed by the director of the Arizona legislative council must have master planning experience and experience working with the state historic preservation office and historic government buildings. The architect of the capitol shall submit the master plan to the members of the Arizona legislative council for approval at least once during each regular session of the legislature. B. The Arizona legislative council is responsible for the allocation of space, operation, alteration, renovation and control of the following: 1. The original 1898 statehouse area of the state capitol building known as the state capitol museum. 2. The 1919 wing and the 1938 justice addition of the state capitol building known jointly as the legislative services wing. 3. Any other facility acquired for legislative use and placed under legislative council jurisdiction and the grounds adjacent to it. 4. Except as provided in subsection D, paragraph 2 of this section, the Wesley Bolin memorial plaza east of the state capitol building. 5. Except as provided in subsections C and D of this section, the grounds adjacent to the state capitol museum, the legislative services wing, the house of representatives wing and the senate wing and comprising the area east of the state capitol executive tower with a northern boundary of West Adams street, an eastern boundary of Seventeenth avenue and a southern boundary of West Jefferson street in Phoenix, Arizona. C. The speaker of the house of representatives is responsible for the following: 1. The allocation of space, operation, alteration, renovation and control of the house of representatives wing of the state capitol building. 2. The allocation of space and control of the parking lot area adjacent to the house of representatives wing, the parking lot area with a southern boundary of West Adams street, an eastern boundary of seventeenth avenue and a northern boundary of West Monroe street in Phoenix, Arizona and comprised of one hundred five parking spaces and the southeast portion of the parking lot area with a southern boundary of West Monroe street and an eastern boundary of Seventeenth avenue in Phoenix, Arizona and comprised of fifty parking spaces. D. The president of the senate is responsible for the following: 1. The allocation of space, operation, alteration, renovation and control of the senate wing of the state capitol building. 2. The allocation of space and control of the parking lot area adjacent to the senate wing and the southwest portion of the parking lot area of the Wesley Bolin memorial plaza east of the state capitol building and comprised of one hundred twenty parking spaces. E. The joint legislative budget committee is responsible for the allocation of space, operation, alteration, renovation and control of the building located at 1716 West Adams street in Phoenix. F. The director of the department of administration is responsible for the maintenance of the entire state capitol building. G. For the purposes of this section, "control" includes security services. 41-1304.06. Authorization for collection of rental; basis of payment; exception; definition A. Each state department and each state agency when using space under the jurisdiction of the legislative council or the speaker of the state house of representatives or the president of the state senate shall pay a rental as prescribed in subsection B to the legislative council, speaker or president, as appropriate, for deposit in the capital outlay stabilization fund. B. The rental authorized by the terms of subsection A shall be determined by the joint legislative budget committee after recommendation by the speaker and president prior to the beginning of each fiscal year. The agency shall pay rent in one annual payment regardless of whether the department or agency is funded in whole or in part by state monies. C. This section does not apply to the secretary of state if the space used pursuant to this section is primarily being used by the Arizona state library, archives and public records for the purposes prescribed by statute. D. For the purposes of this section, "state department" or "state agency" means any department or agency of the executive or judicial branch of state government. 41-1304.07. Presidential executive orders; review; attorney general A. At the request of one or more members of the legislature, the executive director of the legislative council shall review any executive order issued by the president of the United States that has not been affirmed by a vote of Congress and signed into law as prescribed by the Constitution of the United States. B. On review, a member of the legislature may recommend to the attorney general that the order be further examined by the attorney general to determine the legality of the order. If the attorney general determines the order is illegal, the attorney general may file a declaratory judgment action in federal district court. 41-1305. Publications Beginning in fiscal year 1995-1996 and each year thereafter, the legislative council in conjunction with the senate and the house of representatives shall prepare copies of all laws, memorials, resolutions and other official legislative actions enacted or adopted in each session of the legislature, provide for their printing as session laws and provide for their distribution and sale pursuant to chapter 7, article 5.1 of this title. 41-1306. State capitol museum; management The director of the Arizona legislative council shall direct and manage the state capitol museum. 41-1307. Museum gift shop revolving fund; exemption A. The museum gift shop revolving fund is established consisting of gift shop proceeds received from the sale of goods, gifts, nonfederal grants and donations. The director of the Arizona legislative council shall administer the fund. Monies in the fund are continuously appropriated. The director shall use the monies in the fund to provide to the public goods for sale that are reflective of the themes of the state capitol museum and this state. B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-1362. Department of administration; powers and duties; governmental mall description; duty of city of Phoenix; general plan application A. The department of administration may: 1. Accept gifts or grants of monies or other property from any person, including the United States or any agencies, departments or officers of the state. 2. Prescribe rules as necessary to carry out this article. B. The department of administration shall: 1. Develop and maintain and amend as necessary a comprehensive long-range general plan for the development of the governmental mall composed of the area described in subsection C of this section. 2. Encourage public agencies as defined in section 11-951 to enter into intergovernmental agreements or contracts pursuant to title 11, chapter 7, article 3 as necessary to implement the general plan for the development of the governmental mall. 3. Review and approve or disapprove in writing requests for permission to develop structures or sites or award construction contracts for new buildings or improvements within the governmental mall. The department shall review requests submitted by this state or a political subdivision of this state in which this state or political subdivision has a contractual interest to ensure consistency with the approved general plan. 4. Review all planning activities within governmental mall boundaries. 5. Publish an annual report on the issues brought before the department and its recommendations. C. The governmental mall is composed of the area with a western boundary of nineteenth avenue, a northern boundary of all lots abutting Van Buren street, an eastern boundary of seventh avenue and a southern boundary of the Harrison street alignment. D. The city of Phoenix annually shall inform the department of administration of new major development projects and new major infrastructure improvements, including parks, streets and street-scaping within the downtown area redevelopment plan as defined in section 36-1471. E. If the general plan of the city, county or state agency for land development does not conform with the general plan developed by the department of administration for the development of the governmental mall, the general plan developed by the department for the development of the governmental mall applies and shall be enforced. 41-1363. Monuments and memorials within governmental mall; legislative authorization; approval; procedure A. Notwithstanding section 34-225 or any other law, a monument or memorial recognizing or honoring a person, group, entity or event shall be located in the governmental mall only if a prior legislative act authorizes the monument or memorial. B. After legislative authorization, a monument or memorial may be established by the following procedures: 1. The proponents shall submit a concept to the legislative council for the design, dimensions and location of the monument or memorial. 2. The legislative council shall review the concept and determine the most appropriate location that highlights the monument or memorial and preserves the integrity of the governmental mall. 3. After recommendations from the historical advisory commission regarding the historical integrity of the monument or memorial and after any necessary negotiations with the proponents, the legislative council shall approve the final design, dimensions, location and maintenance requirements of the monument or memorial, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41-1365 and any statement, declaration, writing or inscription that will be imprinted or stamped on the monument or memorial. 4. Before construction of the monument or memorial begins, the proponents shall enter into a contract with the legislative council specifying the conditions of the design, dimensions and location of the monument or memorial, a list of the artists, contractors and subcontractors that will be employed, the minimum dollar amount required for deposit in the state monument and memorial repair fund established by section 41-1365 and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction. 5. An approved monument or memorial shall be completed and dedicated to this state within two years after the effective date of the legislative act authorizing the monument or memorial. C. Except as otherwise provided in this section or section 41-1365, all fundraising and the establishment and administration of a fund for deposit of monies and contracts for artistic design and construction of the monument or memorial are the sole responsibility of the proponents. D. If the completed monument or memorial deviates from the final design or dimension that was approved by the legislative council or any statement, declaration, writing or inscription that is imprinted or stamped on the monument or memorial deviates from that which was approved by the legislative council, the proponents are responsible for any costs incurred to conform the monument or memorial to the approved form. E. The proponents shall collect an amount equal to at least ten percent of the artistic design and construction costs of the monument or memorial or the amount approved by the legislative council as provided in subsection B of this section. The legislative council shall deposit these monies in the state monument and memorial repair fund established by section 41-1365 for the maintenance, repair, reconditioning or relocation of that monument or memorial. The monies must be deposited in the fund before the beginning of construction of the monument or memorial. F. The legislative council may relocate monuments or memorials that are located in the governmental mall. G. This section does not apply to monuments or memorials in which a political subdivision has a contractual interest and that are located in the governmental mall but that are outside Wesley Bolin plaza. 41-1364. Alteration or modification to monuments and memorials within governmental mall; procedures; approval A. Any alteration or modification to an existing monument or memorial that was completed pursuant to section 41-1363 must abide by the following procedures: 1. The proponents of the monument or memorial that submitted the concept pursuant to section 41-1363 shall submit the proposed alteration or modification to the legislative council. 2. After recommendations from the historical advisory commission regarding what impact the proposed alteration or modification would have on the historical integrity of the existing monument or memorial and after any necessary negotiations with the proponents, the legislative council shall approve or reject the proposed alteration or modification. 3. If the proposed alteration or modification is approved and before the beginning of construction involved in implementing the alteration or modification to the monument or memorial, the proponents shall enter into a contract with the legislative council specifying the scope of the alteration or modification to the monument or memorial, a list of the artists, contractors and subcontractors that will be employed and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction involved in implementing the alteration or modification to the monument or memorial. 4. The alteration or modification to an existing monument or memorial shall be completed and dedicated to this state within two years after the effective date of the approval of the alteration or modification by the legislative council. B. All fundraising and the establishment and administration of a fund for deposit of monies and contracts for artistic design and construction of the alteration or modification to the existing monument or memorial are the sole responsibility of the proponents. 41-1365. State monument and memorial repair fund; purpose; annual report; exemption A. The state monument and memorial repair fund is established consisting of: 1. Donations. 2. Monies from fundraising activities. 3. Monies that are collected by the proponents of a monument or memorial and that are deposited pursuant to section 41-1363. 4. Grants received for monuments or memorials, except for otherwise specifically dedicated grants. 5. Legislative appropriations. B. The legislative council shall administer the fund. All monies in the fund are continuously appropriated. Subject to this section, the legislative council shall use monies in the fund to: 1. Maintain, repair, recondition or relocate monuments or memorials. 2. Support mechanical equipment in the governmental mall. C. The legislative council shall separately account for monies to a specific monument or memorial that is dedicated to this state for maintaining, repairing, reconditioning or relocating that monument or memorial as follows: 1. Monies that are donated for the benefit of the specific monument or memorial. 2. Monies that are derived from fundraising activities and that are collected for the benefit of a specific monument or memorial. 3. Monies that are collected and deposited pursuant to subsection A, paragraph 3 of this section. D. On or before November 1 of each year, the legislative council shall submit to the joint legislative budget committee a report that accounts for all monies deposited in the fund. The report shall include the sources of the monies received for deposit, by category, and the purposes for which the monies were used during the preceding fiscal year. E. The legislative council shall hold the monies in the fund in trust for the citizens of this state until spent on an authorized monument or memorial, and monies in the fund shall not be spent or appropriated for any other purpose. F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 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 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 from each political party. 2. Two members of the house of representatives appointed by the speaker of the house of representatives. One member shall be from each political party. 3. One public member who is appointed by the president of the senate and who represents a large business that is regulated by this state. 4. 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. 5. 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 nonmanagerial positions. B. 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. C. 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. D. The identity of all candidates shall be public. E. 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 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 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. D. 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: 1. A successor is appointed. 2. The ombudsman-citizens aide is removed from office pursuant to subsection E of this section. E. 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. F. The ombudsman-citizens aide is eligible to receive compensation as determined pursuant to section 38-611. G. The ombudsman-citizens aide may incur, subject to appropriation, expenses that are necessary to carry out the duties under this article. 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. 2. 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 present this report annually 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 are 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 direct remote access to any automated case management system used by the department of child safety. 8. On or before December 31 of each year, submit a report to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, the chairperson of the senate judiciary committee, or its successor committee, and the chairperson of the house of representatives judiciary committee, or its successor committee, that includes the number of complaints made regarding the state department of corrections, the topic of each complaint and how each complaint was resolved. B. 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 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. The assistant 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 assistant 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. B. The annual report of the ombudsman-citizens aide shall include the following information about public access: 1. The number of inquiries that are received from the public, the media and government agencies. 2. The number of inquiries that are received about state agencies, county agencies, city or town agencies, school districts and other local jurisdictions. 3. The number of requests that are received concerning public records and public meetings. 4. The number of investigations that are conducted and the results of the investigations. C. For investigations made pursuant to this section, the ombudsman-citizens aide may: 1. Make inquiries and obtain information considered necessary subject to the restrictions in section 41-1377. 2. Enter without notice to inspect agency premises with agency staff on the premises. 3. Hold hearings. 4. 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 in section 41-1801 on government owned facilities that are classified as critical infrastructure by the federal government or as defined in 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. D. 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. E. For the purposes of this section: 1. "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. 2. "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 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. Based on a mistake of fact. 4. Based on improper or irrelevant grounds. 5. Unsupported by an adequate statement of reasons. 6. Performed in an inefficient or discourteous manner. 7. Otherwise erroneous. B. On receiving a complaint the ombudsman-citizens aide may investigate to find an appropriate remedy. C. 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: 1. There is presently available an adequate remedy for the grievance stated in the complaint. 2. The complaint relates to a matter that is outside the duties of the ombudsman-citizens aide. 3. The complaint relates to an administrative act that the complainant has had knowledge of for an unreasonable time period before filing the complaint. 4. The complainant does not have a sufficient personal interest in the subject matter of the complaint. 5. The complaint is trivial or made in bad faith. 6. The resources of the office of ombudsman-citizens aide are insufficient to adequately investigate the complaint. D. The ombudsman-citizens aide shall refuse to investigate complaints filed by a person in the custody of the state department of corrections. E. On receiving a complaint that involves confidential information as defined in section 42-2001, the ombudsman-citizens aide shall either: 1. 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. 2. 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. F. 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: 1. 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. G. On receiving a complaint that involves confidential information relating to sections 36-507, 36-509 and 36-2220, the ombudsman-citizens aide shall either: 1. Work with the department of health services 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 department of health services. 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 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. C. The ombudsman-citizens aide shall not charge any fees for investigations or complaints. D. In an investigation, the ombudsman-citizens aide may: 1. Make inquiries and obtain information considered necessary subject to the restrictions in section 41-1377. 2. Enter without notice to inspect agency premises with agency staff on the premises. 3. Hold hearings. 4. 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. E. 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. F. 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. G. 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 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 party. B. 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: 1. A matter should be further considered by that agency. 2. A matter should be referred to the presiding officers of both houses of the legislature for further investigation or legislative action. 3. A statute or rule on which an administrative act is based should be amended. 4. An administrative act should be modified or cancelled. 5. Reasons should be given for an administrative act. 6. There are no grounds or there are insufficient grounds for action by the agency. 7. Any other action should be taken by the agency. 8. The agency's action was arbitrary or capricious, constituted an abuse of discretion or was not according to law. C. The ombudsman-citizens aide may request the agency to notify the office within a specified time of any action taken on his recommendations. D. The ombudsman-citizens aide shall notify the complainant of the ombudsman-citizens aide's recommendations and the actions taken by the agency. E. 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 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. B. 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. C. 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. D. 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. 41-1383. 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.