MODEL SHIELD LAW FOR OMBUDSMAN
(Drafted by Model Shield Law Committee Representing
Various Ombudsman Organization – 2/18/97)
An Act to Establish an Ombudsman Privilege
Be it enacted by the Legislature of the State of __________________:
Section 1. Definition. For the purposes of this Act, an Ombudsman is defined as:
a. a person appointed under a federal or state statute or local ordinance creating an ombudsman’s office to investigate complaints regarding governmental agencies, officials, or employees, and who practices according to the law establishing the office; or
b. a person formally designated by a government body or for profit or not for profit corporation as an impartial dispute resolution practitioner or complaint handler; who functions independently of the administrative officials or employees who are the subjects of complaints or disputes; who maintains confidentiality; who provides assistance in resolving complaints or disputes; and who practices according to the code of ethics or standards of practice of a professional ombudsman association.
Section 2. Neither the Ombudsman nor his/her staff shall be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of their official duties. All related memoranda, work product, notes, or case files of an Ombudsman are confidential and are not subject to discovery, subpoena, or other means of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding.
Section 3. This Act shall become effective______________________.
ACCEPTABLE EXCEPTIONS TO THE MODEL ACT:
Section 3. Exceptions. The privilege described in this Act does not apply when:
a. the Ombudsman or his/her staff is personally witness to a felony; or
b. imminent risk of serious harm is communicated directly to the Ombudsman or his/her staff; or
c. where the Ombudsman has been asked to provide general information regarding the general operation of the Ombudsman’s office and the general processes employed.
The Drafting Committee for the Model Shield Law included the efforts of Mary Simon (TOA) and Marie Ferguson (USOA), Convenor/Chairs; Ruth Cooperrider and Marshall Lux (USOA); Mary Rowe and Elizabeth Clark (TOA); Kerry Burke and Suzanne Belson (ACCUO); Lillian Santa-Maria (UCOA); Mary Lou Fenili (Cal Caucus); Nancy Green (NSPR); Harley Johnson and Roberta Jamieson (Canadian Public Sector); and Dean Gottehrer .