June 19, 2007, Introduced by Reps. Palmer, Meekhof, Amos, Moore, Pastor, Robertson, Agema, Knollenberg and Stahl and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 12 LEGISLATIVE ENVIRONMENTAL OMBUDSMAN
Sec. 1201. As used in this part:
(a) "Administrative act" includes an action, omission,
decision, recommendation, practice, or other procedure of the
department.
(b) "Complainant" means a legislator or other person who files
a complaint under section 1204.
(c) "Council" means the legislative council established under
section 15 of article IV of the state constitution of 1963.
(d) "Department" means the department of environmental
quality.
(e) "Fund" means the environmental ombudsman administration
fund created in section 1216.
(f) "Legislator" means a member of the senate or the house of
representatives of this state.
(g) "Office" means the office of the legislative environmental
ombudsman created under section 1202.
(h) "Official" means an official or employee of the
department.
(i) "Ombudsman" means the principal executive officer of the
office.
Sec. 1202. (1) The office of the legislative environmental
ombudsman is created within the legislative council.
(2) The principal executive officer of the office is the
legislative environmental ombudsman, who shall be appointed by and
serve at the pleasure of the council.
Sec. 1203. 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. 1204. (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 that is alleged by a person to be contrary to law or contrary
to departmental policy.
(b) The ombudsman's own initiative, for significant health and
safety issues and other 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. 1205. (1) Upon request, the ombudsman shall be given
access to all information, records, and documents in the possession
of the department that the ombudsman considers necessary in an
investigation. The department shall assist the ombudsman in
obtaining the necessary releases of those documents that are
specifically restricted or privileged for use by the ombudsman.
(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 that the
ombudsman considers relevant to a matter under investigation.
Sec. 1206. (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 need not 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. 1207. Upon receiving a complaint under section 1204 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 person or
persons affected of the reasons for the ombudsman's decision.
Sec. 1208. Upon request of the ombudsman, the council may hold
a hearing. In accordance with section 104 of the legislative
council act, 1986 PA 268, MCL 4.1104, the council may administer
oaths, subpoena witnesses, and examine the books and records of the
department or of a person, partnership, or corporation involved in
a matter which is or was a proper subject of investigation by the
ombudsman under this part.
Sec. 1209. (1) Correspondence between the ombudsman and a
person is confidential and shall be processed as privileged
correspondence in the same manner as privileged letters between
persons and courts, attorneys, or public officials.
(2) The ombudsman shall maintain confidentiality with respect
to all matters and 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.
(3) A report prepared and recommendations made by the
ombudsman and submitted to the council under section 1210 are
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
Sec. 1210. (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 1211, 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. 1211. 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.
Sec. 1212. The ombudsman shall submit to the council and the
legislature an annual report on the conduct of the office.
Sec. 1213. (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. 1214. The authority granted the ombudsman 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 shall not be construed to limit or affect the remedy or
right of appeal or objection and shall not be considered part of an
exclusionary process.
Sec. 1215. From civil fines collected under this act that are
not otherwise dedicated under this act, $200,000.00 shall be
forwarded to the state treasurer for deposit into the fund.
Sec. 1216. (1) The environmental ombudsman administration fund
is created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The council shall expend money from the fund, upon
appropriation, only to implement this part.