Section 24.55.160. Investigation procedures; privileged communications.

   (a) In an investigation, the ombudsman may
        (1) make inquiries and obtain information considered necessary;
        (2) enter without notice to inspect the premises of an agency, but only when agency personnel are present;
        (3) hold private hearings; and
        (4) notwithstanding other provisions of law, have access at all times to records of every agency, including confidential records, except sealed court records, production of which may only be compelled by subpoena, and except for records of active criminal investigations and records that could lead to the identity of confidential police informants.
   (b) The ombudsman shall maintain confidentiality with respect to all matters and the identities of the complainants or witnesses coming before the ombudsman except insofar as disclosures may be necessary to enable the ombudsman to carry out duties and to support recommendations.  However, the ombudsman may not disclose a confidential record obtained from an agency.
   (c) Disclosure by an agency to the ombudsman under this chapter of a communication that is subject to the attorney-client privilege, or attorney work-product privilege, does not waive the privilege as to any other person. The ombudsman may not disclose a privileged communication provided under this subsection unless the communication is evidence of an act of an agency that the ombudsman reasonably believes is criminal.

Authorities

24.55.260

Notes

Implemented As

21 AAC 10.320
21 AAC 25.020
21 AAC 25.160
21 AAC 25.300
21 AAC 25.310
21 AAC 25.320
21 AAC 25.330
21 AAC 25.340
21 AAC 25.350
21 AAC 25.360
21 AAC 25.400
21 AAC 25.410
21 AAC 25.420

References

15 AAC 23.253
21 AAC 10.320
21 AAC 25.160
21 AAC 25.300
21 AAC 25.310
21 AAC 25.350
AS 24.55.260 Ombudsman's privilege not to testify or disclose documents.

History

(Sec. 1 ch 32 SLA 1975; am Sec. 9 ch 71 SLA 1990; am Sec. 3, 4 ch 38 SLA 2014)