Department of Fish and Wildlife: Office of the Ombudsperson.

Existing law establishes the Department of Fish and Wildlife, which is administered through the Director of Fish and Wildlife. Existing law vests the department with jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. The California Constitution establishes the 5-member Fish and Game Commission, with members appointed by the Governor and approved by the Senate. Existing law requires the commissioners to annually elect one of their number as president. Existing law requires the commission to formulate the general policies for the conduct of the department and requires the director to be guided by those policies and be responsible to the commission for the administration of the department in accordance with those policies. This bill would establish in the department the Office of the Ombudsperson administered through the ombudsperson. The bill would require the commission to appoint the ombudsperson and would require the office to operate independently of department staff and to report to the president of the commission. The bill would require the office to undertake specified duties under the supervision of the president of the commission, including, among other duties, to work independently as an intermediary to provide individuals with a confidential process to address complaints with the department and resolve disputes with the department. The bill would require information provided to the ombudsperson as part of a complaint pursuant to these provisions to be protected as confidential and to be exempt from public disclosure, including, but not limited to, disclosure pursuant to the California Public Records Act. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.