§ 2.60.130. Investigative powers.

A.

In an investigation the Ombudsman may:

1.

Enter without notice to inspect the premises of a department during normal business hours and when departmental personnel are present.

2.

Review any municipal document or take testimony which the Ombudsman deems relevant to an investigation. Under no circumstances, however, shall the Ombudsman make public comment upon or otherwise publicly disseminate any material or information received by the Ombudsman's office during the course of an investigation which is accorded confidential or privileged status by federal, state or local law, or which would otherwise result in an unwarranted invasion of personal privacy if released.

3.

Any other provisions of law notwithstanding, have access to and examine and copy, without payment of a fee, any municipal or agency records, including records which are confidential by law, subject to applicable state or federal laws. The Ombudsman shall not have access to legally privileged records held by the Municipal Attorney, legal counsel for any municipal department or other authority, or attorney-client records held by clients of the Municipal Attorney or other legal counsel to the municipality. 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.

B.

Subject to the privileges which witnesses have in courts of this state, the Ombudsman may:

1.

Compel by subpoena, at a specified time and place, the appearance and sworn testimony of a person whom the Ombudsman reasonably believes may be able to give information relating to a matter under investigation; and

2.

Compel a person, by subpoena, to produce documents, papers or objects which the Ombudsman reasonably believes may relate to the matter under investigation.

C.

If a person refuses to comply with a subpoena issued under subsection B of this section, the Superior Court may, on application of the Ombudsman, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court.

(AO No. 77-94; AO No. 77-144; AO No. 2017-40 , § 4, 3-21-17)