§ 38–355. Limitations; protections.

(a) The Ombudsman shall not:

(1) Disclose personally identifiable information regarding a student without the specific written consent of the student or parent, as required by federal and local law;

(2) Repealed.

(3) Disclose the identity of any person who brings a complaint or provides information to the Ombudsman without the person’s consent, unless the Ombudsman determines that disclosure is unavoidable or necessary to further the ends of an investigation;

(4) Have the authority to take any personnel action, except with regard to the employees of the Office of Ombudsman;

(4A) Examine or investigate any matter that would be under the jurisdiction of the Office of the Inspector General or the Office of District of Columbia Auditor;

(5) Examine the Executive Office of the Mayor, the Council or its personnel, the District of Columbia courts or its personnel, other elected officials, private schools, or private organizations or businesses; or

(6) Provide legal advice or legal representation.

(b) The Ombudsman shall not:

(1) Be compelled to testify in a legal or administrative proceeding regarding a current or past Office of Ombudsman examination or investigation or to release information, including documents or records, gathered during the course of an examination or investigation;

(2) Be held personally liable for the good faith performance of his or her responsibilities under this chapter, except that no immunity shall extend to criminal acts, or other acts that violate District or federal law; or

(3) Be subject to retaliatory action for the good faith performance of his or her responsibilities under this chapter.

(June 12, 2007, D.C. Law 17-9, § 606, 54 DCR 4102; Apr. 27, 2013, D.C. Law 19-284, § 3(d), 60 DCR 2312; Feb. 22, 2014, D.C. Law 20-76, § 102(d), 61 DCR 39; Apr. 7, 2017, D.C. Law 21-252, § 3(d), 64 DCR 1656.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-284 added (a)(4A).

The 2014 amendment by D.C. Law 20-76 rewrote (a)(5); and added (a)(6) and made related changes.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 19-284, § 5, see § 7016 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of D.C. Law 19-284, § 5, see § 7016 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 19-284: Section 5 of D.C. Law 19-284 provided that section 3 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7016 of D.C. Law 20-61 repealed D.C. Law 19-284, § 5.