Department of audit ombudsman.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0632

HOUSE BILL
NO.
HB0296

Department of audit
ombudsman.

Sponsored by:
Representative(s) Diercks

A BILL

for

AN ACT relating to
administration of the government; providing for a
school project
ombudsman in
the
a
uditor's office;
specifying duties;

providing an appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 9
‑
2
‑
2901 through 9
‑
2
‑
290
7

are
created to read
:

ARTICLE 29
SCHOOL PROJECT OMBUDSMAN ACT

9
‑
2
‑
2901
.

Short title
.

This act may be cited as the "School Project Ombudsman Act".

9
‑
2
‑
2902.

Definitions.

(a)

As used in this act:

(i)

"Department" means the department of audit;

(ii
)

"Director" means the director of the department;

(i
ii
)

"Division" means a division or section of the department as designated by the director;

(
i
v
)

"Procurement" means buying, purchasing, renting, leasing or otherwise acquiring any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contract
s
and all phases of contract administration;

(v)

"P
roject" means
replacement, renovation or new construction projects which increase the value of
a
school building or facility by improving the functioning of the building or facility or the capacity of the building or facility, or both, excluding major building and facility repair and replacement as defined under
W
.S. 21
‑
15
‑
109(a)(iii) and routine maintenance and repair defined under W.S. 21
‑
15
‑
109(a)(iii)
;

(
v
i)

"Services" means the furnishing of labor, time or effort by a contractor to a
school district
. The term does not include employment agreements;

(vii
)

"School facilities
c
om
mission" means the commission
established
by W.S. 21
‑
15
‑
113
.

9
‑
2
‑
29
03.

Office created
; purpose
and duties
.

(a)

The office of the school project ombudsman is created as a separate division within the department of audit. The office of the school project ombudsman shall represent the interests of
Wyoming
citizens including
independent contractors and bidders
in matters involving

procurement decisions and
the
award
of
contracts for
s
chool construction projects. The school project ombudsman shall be under the supervision of the department of audit through its director or as otherwise directed by the department.

(b)

The ombudsman shall serve as the administrative head of the division and shall be appointed by the director.

(c
)

The
salaries and other expenses of the office of the school project
ombudsman shall be included in the department's budget and shall be funded by
appropriation of
the legislature. Incidental administrative and clerical services for the office of the school project ombudsman shall be provided by the department.

9
‑
2
‑
29
04.

Responsibilities.

(a)

The ombudsman shall
:

(i)

Investigate
,
mediate and resolve complaints on behalf of
individuals involved with the bidding and contracting process c
oncerning
the procurement of supplies
or
services by a school district or the award of contracts for

school construction projects
, if
the ombudsman
reasonably believes that an appropriate subject for investigation exists
;
and

(ii)

Carry out other activities consistent with the purpose of this act
that
the department determines
are necessary
.

9
‑
2
‑
2905.

Investigations.

(a)

The ombudsman shall conduct an appropriate inquiry
and
shall
review
all
reasonable
complaints made pursuant to this act. The ombudsman shall notify
the
school district affected and the school facilities commission
of any inquiry under this act
.

(b)

Whe
n conducting an i
nvestigation
, the ombudsman shall engage in appropriate actions including:

(i)

Making inquiries of affected parties or those with the knowledge of matters necessary to establish, deny or resolve the complaint;

(ii)

Observing the bidding and contracting process, including attending public meet
ings
;
and

(iii)

O
btaining
and reviewing
school district records
and
bid proposals that are pertinent to the inquiry.

9
‑
2
‑
2906.

Resolution of complaints.

(a)

The ombudsman shall attempt to resolve complaint
s through
mediation and negotiation whenever possible.

(b)

Following
investigation
,
the ombudsman shall report
his
findings and recommendations to the school district,
the
department of education, department of audit, the school facilities commission, the joint education
interim
committee, the complain
an
t and any other entity deemed appropriate
by the ombudsman
.

9
‑
2
‑
2907.

Retaliation.

No person shall discriminate against any person
for submitting any c
omplaint or cooperating with the ombudsman in the investigation of
any complaint made pursuant to this section
.

Section 2.

There is appropriated one hundred fifty thousand dollars ($150,000.00) from the general fund to the department of audit. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010.

This appropriation shall only be expended for the purpose of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010.

This appropriation shall be included in the department of audit's 2011
‑
2012 standard biennial budget request.

S
ection
3
.

This act is effective July 1, 2009.

(END)

1
HB0296