2C.9 - POWERS.
2C.9 POWERS.
The citizens' aide may:
1. Investigate, on complaint or on the citizens' aide's own
motion, any administrative action of any agency, without regard to
the finality of the administrative action, except that the citizens'
aide shall not investigate the complaint of an employee of an agency
in regard to that employee's employment relationship with the agency
except as otherwise provided by this chapter. A communication or
receipt of information made pursuant to the powers prescribed in this
chapter shall not be considered an ex parte communication as
described in the provisions of section 17A.17.
2. Investigate, on complaint or on the citizens' aide's own
motion, any administrative action of any person providing child
welfare or juvenile justice services under contract with an agency
that is subject to investigation by the citizens' aide. The person
shall be considered to be an agency for purposes of the citizens'
aide's investigation.
3. Prescribe the methods by which complaints are to be made,
received, and acted upon; determine the scope and manner of
investigations to be made; and, subject to the requirements of this
chapter, determine the form, frequency, and distribution of the
conclusions and recommendations of the citizens' aide.
4. Request and receive from each agency assistance and
information as necessary in the performance of the duties of the
office. Notwithstanding section 22.7, pursuant to an investigation
the citizens' aide may examine any and all records and documents of
any agency unless its custodian demonstrates that the examination
would violate federal law or result in the denial of federal funds to
the agency. Confidential documents provided to the citizens' aide by
other agencies shall continue to maintain their confidential status.
The citizens' aide is subject to the same policies and penalties
regarding the confidentiality of the document as an employee of the
agency. The citizens' aide may enter and inspect premises within any
agency's control and may observe proceedings and attend hearings,
with the consent of the interested party, including those held under
a provision of confidentiality, conducted by any agency unless the
agency demonstrates that the attendance or observation would violate
federal law or result in the denial of federal funds to that agency.
This subsection does not permit the examination of records or access
to hearings and proceedings which are the work product of an attorney
under section 22.7, subsection 4, or which are privileged
communications under section 622.10.
5. Issue a subpoena to compel any person to appear, give sworn
testimony, or produce documentary or other evidence relevant to a
matter under inquiry. The citizens' aide, deputies, and assistants
of the citizens' aide may administer oaths to persons giving
testimony before them. If a witness either fails or refuses to obey
a subpoena issued by the citizens' aide, the citizens' aide may
petition the district court having jurisdiction for an order
directing obedience to the subpoena. If the court finds that the
subpoena should be obeyed, it shall enter an order requiring
obedience to the subpoena, and refusal to obey the court order is
subject to punishment for contempt.
6. Establish rules relating to the operation, organization, and
procedure of the office of the citizens' aide. The rules are exempt
from chapter 17A and shall be published in the Iowa administrative
code. Section History: Early Form
[C73, 75, 77, 79, 81, § 601G.9; 82 Acts, ch 1026, § 1] Section History: Recent Form
88 Acts, ch 1247, §1; 89 Acts, ch 296, §78
C93, § 2C.9
2003 Acts, ch 178, §46; 2006 Acts, ch 1153, §12