Sec. 24.55.160. Investigation procedures; privileged communications.

216 words·~1 min read·/ak/title-24/chapter-55/24-55-160·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.