[Adopted 1-28-2020 by Ord. No. 03-2020]
There is hereby created in and for the Town of Dover the position
of Ombudsman. The Town of Dover hereby establishes, in addition to
other remedies or rights of appeal, an independent, impartial municipal
office, responsible to the Mayor and Board of Alderman, empowered
to investigate the acts of municipal officers, employees, offices
and agencies, to recommend appropriate actions and changes toward
the goals of safeguarding the rights of persons and of promoting higher
standards of competency, efficiency and equity in the provision of
municipal services.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An action, omission, decision, recommendation, practice,
policy or procedure.
Includes a department, office, institution, corporation,
authority, board, commission, or committee or subdivision of the Town
of Dover, including boards and commissions, a contractor providing
service to the public on behalf of the municipality, and any official,
officer, officeholder, appointee, employee or member of such entities
acting or purporting to act in the exercise of their official duties.
The Town of Dover.
A person may be nominated for appointment as the Ombudsman by
the Mayor and appointed with the advice and consent of the Board of
Alderman.
A.
Qualifications of Ombudsman. No person may serve as Ombudsman:
(1)
If the person has any prior conviction or sustained ethics complaint;
(2)
Within one year of the last day on which he served as an elected
official;
(3)
While the person is a candidate for or holds any national, state
or municipal elective office;
(4)
If the person does not have at least 15 years of experience in government
service; and
(5)
If the person lacks a stellar reputation for honesty and integrity.
B.
Political activities. The Ombudsman may not actively participate
in any municipal, state or federal election campaign. The Ombudsman's
office shall not be prohibited from expressing private opinions.
The term of office of the Ombudsman shall be one year, ending
on December 31 of the calendar year.
The Ombudsman may be removed from office during the term by
a majority vote of the Board of Alderman.
A.
The Ombudsman's rate of compensation shall be set annually by
the Board of Aldermen. Payment shall be made upon receipt of invoice
submitted for services rendered with no reduction to the rate of compensation
during the term.
B.
The Ombudsman may engage the services of an investigator, when it
deems it necessary and appropriate to investigate a complaint, and
the cost of such investigative services shall be submitted by separate
invoice, approved by the Ombudsman, and paid directly to the investigator
by the municipality.
C.
The Ombudsman shall be an independent contractor and shall not be
an employee of the Town of Dover.
A.
The Ombudsman may investigate the administrative acts of agents of
the municipality and/or complaints received, including complaints
submitted by members of the public.
B.
The Ombudsman may investigate the administrative act of an agent
of the municipality on its own motion if it reasonably believes that
it is an appropriate subject for review.
C.
An appropriate subject for investigation by the Ombudsman is an administrative
act which the Ombudsman has reason to believe might be:
(1)
Contrary to law;
(2)
Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse
of discretion, or unnecessarily discriminatory even though in accordance
with law;
(3)
Based on a mistake of fact;
(4)
Based on improper or irrelevant grounds;
(5)
Unsupported by an adequate statement or reasons;
(6)
Performed in an inefficient or discourteous manner;
(7)
Constitute a crime or disorderly persons offense;
(8)
Constitute legal malpractice or negligence; or
(9)
Otherwise erroneous.
A.
The Ombudsman may cease his investigation of a complaint when the
complainant has brought the same matter to the attention of a court
of competent jurisdiction for resolution.
B.
The Ombudsman may cease his investigation of a complaint when it
is reasonably believed that:
(1)
There is presently available an adequate remedy for the grievance
stated in the complaint.
(2)
The complaint relates to a matter that is outside the jurisdiction
of the Ombudsman.
(3)
The complaint relates to an administrative act of which the complainant
has had knowledge for an unreasonable length of time before the complaint
was submitted.
(4)
The complainant does not have a sufficient personal interest in the
subject matter of the complaint.
(5)
The complaint is trivial or made in bad faith.
(6)
The resources of the Ombudsman's office are insufficient for
adequate investigation.
(7)
The complaint should be referred to an appropriate law enforcement
agency.
C.
The Ombudsman shall protect the confidentiality of complainants or
witnesses coming before the ombudsman except insofar as disclosures
may be necessary to enable the Ombudsman to carry out its duties.
D.
No fees shall be charged for the submission, investigation or pursuit
of complaints against a complainant.
E.
The Ombudsman may request that complaints charging serious personal
improprieties, particularly when the complaint may result in disciplinary
action against an employee, be filed in writing.
F.
The Ombudsman may establish procedures for receiving and processing
complaints, conducting investigations and reporting findings.
A.
In an investigation the Ombudsman may:
(1)
Enter without notice to inspect the premises of a municipal department
during normal business hours and when departmental personnel are present.
(2)
Review any municipal document or take testimony which he deems relevant
to an investigation. Under no circumstances, however, shall the Ombudsman
make public comment upon or otherwise publicly disseminate any material
or information received by him during the course of an investigation
which is accorded confidential or privileged status by federal, state
or local law, or which would otherwise result in an unwarranted invasion
of personal privacy, if released.
B.
Subject to the privileges which witnesses have in courts of this
state, the Ombudsman may:
(1)
Compel by subpoena, at a specified time and place, the appearance
and sworn testimony of a person whom the ombudsman reasonably believes
may be able to give information relating to a matter under investigation;
and
(2)
Compel a person, by subpoena, to produce documents, papers or objects
which the ombudsman reasonably believes may relate to the matter under
investigation.
C.
If a person refuses to comply with a subpoena issued under Subsection B of this section, the Superior Court may, on application of the Ombudsman, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court.
A.
The Ombudsman may make recommendations for the resolution of complaints
and inquiries in accordance with this article.
B.
In seeking a resolution to a complaint or inquiry concerning the
municipality, the Ombudsman may bring the matter to the attention
of a department head, the municipal administrator, the Mayor and/or
Board of Alderman.
C.
Before offering a report or recommendation which is critical of a
department or person, the Ombudsman may consult with that department
or person.
D.
The Ombudsman may require a department to notify him within a reasonable
specified time of any action taken on his recommendation.
A.
Notice to complainants. The Ombudsman shall notify the complainant
of the actions taken by the Ombudsman within a reasonable time after
the conclusion of the matter.
B.
Notice to citizens. The Ombudsman may post notices and use other
appropriate means to inform citizens of their rights and protections.
These notices shall be posted in public areas of all buildings owned
or leased by the municipality. Nothing in this section is to be construed
as repealing any other provisions of contract, ordinance or law.
C.
The Ombudsman shall submit to the Mayor and Board of Alderman a report
of its activities at least once a year.
D.
Misconduct by Municipal personnel. If the Ombudsman believes there
is a breach of duty or misconduct by an officer or employee of the
municipality, the Ombudsman shall refer the matter to the appropriate
department head, to the Mayor or, when appropriate, to the county
prosecutor, attorney general, or any other agency of competent jurisdiction.
A.
No person shall willfully hinder the lawful actions of the ombudsman or staff, or shall willfully refuse to comply with their lawful demands. Any person who willfully hinders the lawful actions of the ombudsman or staff, or who willfully refuses to comply with their lawful demands, shall be deemed a disorderly person, and may be charged with interference with the ombudsman and upon conviction by a court of competent jurisdiction be punishable as set forth in § 1-15 of the Code of the Town of Dover.
B.
This section shall not be construed so requiring administrative officials
to implement the recommendations of the Ombudsman.
