Section 21.25.200. Consultation with agency and preliminary recommendations.

	(a)  After investigation, the ombudsman shall consult with agency personnel if the ombudsman proposes a criticism of the agency's conduct or proposes that the agency take further action regarding the complaint. The ombudsman shall convey the basis for the ombudsman's preliminary conclusions, as well as any proposed recommendations. The consultation will include the agency employees or officers who the ombudsman believes have authority to implement the ombudsman's proposed recommendations.  
	(b)  The ombudsman may provide the basis for the ombudsman's preliminary conclusions in writing to the agency. Such correspondence shall be labeled as "confidential pursuant to AS 24.55.180," and may not be released to the public by the ombudsman or the agency.  
	(c)  If, after investigation, the ombudsman believes that the conduct of a specific agency employee is, more likely than not, grounds for disciplinary action against that employee, the ombudsman shall provide access to the ombudsman's preliminary conclusions and the evidence for them to that employee no less than ten days before providing the preliminary conclusions to the agency, and request a response from the employee.  
	(d)  The ombudsman will request that the agency respond to the preliminary conclusions and suggested remedy, and set a deadline for the agency's response. The ombudsman shall allow no less than 30 days for the agency's response, unless there is convincing evidence that delay will render a remedy futile or cause serious harm to the complainant or other members of the public.  

Authorities

24.55.090;24.55.180

Notes

Authority

AS 24.55.090 AS 24.55.180

History

Eff. 6/7/2015, Register 214