OMBUDSMEN DEFINE THEMSELVES

A joint effort of the Section=s Ombudsman Committee and the Ombudsman Committee of the Dispute Resolution Section has been underway for two years to develop one single definition for the term AOmbudsman,@ with a minimum set of standards encompassing core values, essential characteristics and consideration of the historical models. This draft definition will be presented at the ABA Annual Meeting on August 6, 1999, at 2:00 p.m.

Phil Harter, Committee Advisor and former Section Chair, said, Athe work of the committee was undertaken because there has been a recent proliferation of ombudsman offices in the United States which have developed without consideration to established models and core values.@ He said these other resources for justice who are labeled Aombudsmen@ do not adhere to the historical ombudsman=s essential characteristics, but instead many function and serve like legal service organizations, advocates, social workers, customer service representatives and even public relations offices. Due to this situation, the term Aombudsman@ is becoming diluted and the ombudsman role is eroding.

Committee Chair, Sharan Levine said, Aa consumer who may approach one of these offices has very little guidance as to what to expect, and the ombudsman offices are inconsistent in their delivery of services. This is a problem for both the user of the office and the office itself.@

The Section=s Ombudsman Committee consists of a cross section of ombudsmen, scholars and lawyers in the field. The draft definition was written following extensive discussions among this diverse group of practicing ombudsmen and scholars.

The committee=s tentative definition is:

an Ombudsman Ais an independent, impartial person occupying a high status office who is authorized to receive and address in a confidential manner, complaints and inquiries from a specified constituency concerning acts, omissions and alleged improprieties of an administrative jurisdiction or associated individuals or entities. Based either on such complaints or inquiries or on the ombudsman=s own initiative, the ombudsman may (1) investigate or otherwise examine the matter and (2) take appropriate action to aid in the resolution of the specific issue or a broader, underlying problem. The ombudsman is not authorized to make, change, or set aside a law, policy or administrative decision.

The initial draft definition was written by Philip Harter. It was discussed in the Section Council during the Spring Meeting, where the primary issue was whether the definition should limit ombudsmen=s activities to circumstances in which they respond to complaints or inquiries or whether it should go on to allow ombudsmen to initiate matters based on their Aown initiative.@ The entire operative draft and commentary may be viewed at the Section=s Ombudsman Committee web site (http://www.abanet.org/adminlaw/ombuds/). This web site contains in addition a wealth of information about ombudsmen.

When the News went to press the group expected to meet again in Chicago, June 17-19 to complete the definition and related commentary.