Immunity

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(a) A civil action may not be brought against the Office for anything done, said, or omitted in the performance of the Office's duties or responsibilities under this title.

(b) No finding, conclusion, recommendation, or report of the Office shall be reviewable in court.

(c) Neither the Ombudsperson nor the Office's staff shall be:

(1) Compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the Office's official duties, except in the circumstances provided in paragraph (2) of this subsection. All related memoranda, work product, notes, and case files of the Office are confidential, are not subject to discovery, judicial or administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding;

(2) Held personally liable for the good faith performance of the Office's responsibilities under this title; except, that such immunity shall not extend to any action that is criminal or otherwise violates District or federal law; or

(3) Subject to retaliatory action for the good faith performance of the Office's responsibilities under this title.

(Apr. 5, 2021, D.C. Law 23-270, § 109, 68 DCR 001510.)

Applicability

Applicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the creation of this section by § 109 of D.C. Law 23-270 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


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