Bill Text: MI HB6073 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Education; other; legislative education ombudsman for the department of education; create. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-12-04 - Printed Bill Filed 11/30/2012 [HB6073 Detail]
Download: Michigan-2011-HB6073-Introduced.html
HOUSE BILL No. 6073
November 29, 2012, Introduced by Rep. McMillin and referred to the Committee on Education.
A bill to create the office of the legislative education
ombudsman; to prescribe the powers and duties of the office, the
ombudsman, the legislative council, and the department of
education; and to provide remedies from administrative acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Administrative act" includes an action, omission,
decision, recommendation, practice, or other procedure of the
department or of the superintendent.
(b) "Complainant" means a person who files a complaint under
section 4.
(c) "Council" means the legislative council established under
section 15 of article IV of the state constitution of 1963 and
section 3 of the legislative council act, 1986 PA 268, MCL 4.1103.
(d) "Department" means the department of education.
(e) "Legislator" means a member of the senate or of the house
of representatives of this state.
(f) "Office" means the office of the legislative education
ombudsman created under this act.
(g) "Ombudsman" means the legislative education ombudsman.
(h) "Official" means an official or employee of the
department.
(i) "Superintendent" means the superintendent of public
instruction.
Sec. 2. (1) The office of the legislative education ombudsman
is created within the legislative council.
(2) The principal executive officer of the office of the
legislative education ombudsman is the legislative education
ombudsman, who shall be appointed by and serve at the pleasure of
the council.
Sec. 3. The council shall establish procedures for approving
the budget of the office, for expending funds of the office, and
for the employment of personnel for the office.
Sec. 4. (1) The ombudsman may commence an investigation upon
either of the following:
(a) Receipt of a complaint from a legislator or other person,
or on the ombudsman's own initiative, concerning an administrative
act which is alleged to be contrary to law or contrary to
departmental policy.
(b) The ombudsman's own initiative for significant matters for
which there is no effective administrative remedy.
(2) Subject to approval of the council, the ombudsman shall
establish procedures for receiving and processing complaints,
conducting investigations, holding hearings, and reporting the
findings resulting from the investigations.
Sec. 5. (1) Upon request and without the requirement of any
release, the ombudsman shall be given access to all information,
records, and documents in the possession of the department or
superintendent that the ombudsman considers necessary in an
investigation, including, but not limited to, student records.
(2) Upon request and without notice, the ombudsman shall be
granted entrance to inspect at any time any premises under the
control of the department.
(3) The ombudsman may hold informal hearings and may request
that any person appear before the ombudsman, or at a hearing, and
give testimony or produce documentary or other evidence which the
ombudsman considers relevant to a matter under investigation.
Sec. 6. (1) The ombudsman shall advise a complainant to pursue
all administrative remedies open to the complainant. The ombudsman
may request and shall receive from the department a progress report
concerning the administrative processing of a complaint. After
administrative action on a complaint, the ombudsman may conduct
further investigation on the request of a complainant or on his or
her own initiative.
(2) The ombudsman is not required to conduct an investigation
on a complaint brought before the ombudsman. A person is not
entitled as a right to be heard by the ombudsman.
Sec. 7. Upon receiving a complaint from a legislator or
another person under section 4 and deciding to investigate the
complaint, the ombudsman shall notify the complainant, the person
or persons affected, and the department. If the ombudsman declines
to investigate, the ombudsman shall notify the complainant, in
writing, and inform the complainant of the reasons for the
ombudsman's decision.
Sec. 8. Upon request of the ombudsman, the council may hold a
hearing. The council may administer oaths, subpoena witnesses, and
examine the books and records of the department or superintendent
or of a person, partnership, or corporation involved in a matter
that is or was a proper subject of investigation by the ombudsman
under this act, as provided under section 4 of the legislative
council act, 1986 PA 268, MCL 4.1104.
Sec. 9. (1) The ombudsman shall maintain secrecy with respect
to all matters in an investigation and shall not disclose the
identities of the complainants or persons from whom information is
acquired, except so far as disclosures may be necessary to enable
the ombudsman to perform the duties of the office and to support
any recommendations resulting from an investigation.
(2) A report prepared and recommendations made by the
ombudsman and submitted to the council under section 10 are exempt
from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
Sec. 10. (1) The ombudsman shall prepare and submit a report
of the findings of an investigation and make recommendations to the
council within 30 days after completing the investigation if the
ombudsman finds any of the following:
(a) A matter that should be considered by the department.
(b) An administrative act that should be modified or canceled.
(c) A statute or rule that should be altered.
(d) Administrative acts for which justification is necessary.
(e) Significant health and safety issues as determined by the
council.
(f) Any other significant concerns as determined by the
council.
(2) Subject to section 11, the council may forward the report
prepared and submitted under this section to the department, the
person or persons affected, or the complainant who requested the
report.
Sec. 11. Before announcing a conclusion or recommendation that
expressly or by implication criticizes a person or the department,
the ombudsman shall consult with that person or the department.
When publishing an opinion adverse to the department or any person,
the ombudsman shall include in that publication a statement of
reasonable length made to him or her by the department or person in
defense or mitigation of the action if that statement is provided
within a reasonable period of time as determined by the council.
The ombudsman may request to be notified by the department, within
a specified time, of any action taken on any recommendation
presented. The ombudsman shall notify the complainant of the
actions taken by the office and by the department or
superintendent.
Sec. 12. The ombudsman shall submit to the council and the
legislature an annual report on the conduct of the office.
Sec. 13. (1) A person shall not be penalized in any way by an
official or the department as a result of filing a complaint,
complaining to a legislator, or cooperating with the ombudsman in
investigating a complaint.
(2) A person or the department shall not hinder the lawful
actions of the ombudsman or employees of the office or willfully
refuse to comply with lawful demands of the office.
Sec. 14. The authority granted the ombudsman under this act is
in addition to the authority granted under the provisions of any
other act or rule under which the remedy or right of appeal or
objection is provided for a person or any procedure provided for
the inquiry into or investigation of any matter. The authority
granted the ombudsman does not limit or affect the remedy or right
of appeal or objection and shall not be considered to be part of an
exclusionary process.
