SEC Affirms Role of NASD Ombuds

On May 30, 2007, the Securities and Exchange Commission (SEC) reviewed an action by the National Association of Securities and Exchange Dealers (NASD) against a member firm. In the case, Sky Capital alleged that it had been harassed by the NASD and denied access to NASD's internal complaint process. Among other things, the firm said that its complaints to the NASD Ombuds "fell on deaf ears." In dismissing Sky Capital's application for review, the SEC said that the NASD Ombuds does not provide a "fundamentally important service" that is central to the function of the NASD and therefore alleged failure of the Ombuds to act does not invoke SEC jurisdiction. The SEC also noted that, under TOA standards, the NASD Ombuds had "the discretion in determining whether to act on a concern brought to its attention. " (Sky Capital LLC, Exchange Act Rel. 55828 (May 30, 2007); via SEC Tea Party.)

Note: In 2007 and after this decision, NASD and the member regulation, enforcement and arbitration functions of the New York Stock Exchange were then consolidated into the Financial Industry Regulatory Authority (FINRA). (SEC Release No. 34-56145.) 

Mid Atlantic Ombuds Meeting August 3

Princeton University will host the Mid-Atlantic Region Ombuds Meeting on Friday, August 3, from 9:30 to 3:30. The one-day meeting will be a great opportunity for ombuds in the region to learn from each other and network. Attendees are welcome to suggest topics for the agenda. Registration is $65 and covers breakfast, lunch and refreshments. For more info and to RSVP contact Nick Deihl at the Princeton Ombuds Office by July 20.

Concern Over Appointment of Red Cross Ombuds

A blog written by Terence Stamp, president of Charity Navigator, reveals that Beverly Ortega Babers has been appointed the first ombudsman for the Red Cross. (The news has not been reported by the mainstream press and is not mentioned at the Red Cross website.) Stamp was probably one of the few outside of the ombuds profession to be interested in who would become the Red Cross ombuds. However, he is concerned because Babers is a political ally of Mark Everson, the new Red Cross President and CEO.

So what’s my problem with Ms. Babers? It’s in where she worked last week. Before being appointed by new Red Cross CEO Everson to serve as the lone independent voice and the donor’s eyes and ears at America’s most-important non-profit, in effect the person charged with making sure the group is playing by the rules and honoring the public trust, Ms. Babers was Mark Everson’s Chief of Staff at the IRS. She comes to the new job as his right-hand woman. And despite her credentials, she owes her new job and her large pay raise to Mark Everson. Am I really supposed to believe that she will be fiercely loyal to donors, staffers, employees, and aid recipients first, and not to Everson and his position of power and influence?

(Trent Stamp's Take.)

(Related post Bush Signs Legislation Creating Red Cross Ombuds.)

US Immigration Officials Rejects Ombuds' Reform Proposal

The Department of Homeland Security has rejected a recommendation from Prakash Khatri, Ombudsman for Citizenship and Immigration Services. Supporters said the proposal could cut green card waiting times and save applicants 15 million hours spent waiting in government lines. According to Khatri, the agency rejected the plan because renewal fees accrued during immigration backlogs generate 20 percent of the agency's budget. (Boston Globe.)

Of course, a recommendation like this is outside the IOA Standards of Practice for organizational ombuds.

(Related post Lawsuits Seeking Immigration Reform Cite Ombuds Report.)

ABA Section on Dispute Resolution in San Francisco

At the American Bar Association's annual conference in San Francisco, the Section on Dispute Resolution offers a number of sessions on August 10-11. Most interesting is a presentation on the U.S. Air Force's Negotiation Center of Excellence, which teaches interest-based, cross-cultural negotiation skills. Early bird registration closes May 31. (ABA Annual Conf. Info.; Section on Dispute Resolution.)

Note: The Negotiation Center of Excellence has a great website with lots of resources on facilitation and mediation. I'm adding a link from this page and my personal bookmarks.

IOA Summer Training in Seattle

The International Ombudsman Association presents several training opportunities July 16 through 20 in Seattle. New ombuds should take Ombudsman 101 and 101 Plus, which cover critical skills and practice issues. Specialized courses include "Legal Issue in an Everyday Ombudsman Practice: Answers to the Questions You Have Always Wanted to Ask"; and "Defining Effectiveness for the Ombudsman Office." Priority registration closes June 1. (IOA Info.)

Yes, these courses are expensive, but they are outstanding and no other organization offers anything comparable.

Is Your Visitor About to be Fired?

Wise Bread has a list of 20 warning signs that a pink slip is coming. For example:

• Did you recently screw up big-time?
• Did your last performance review read like a train wreck?
• Has your office, cubicle or working space recently been down-sized?
• Are you noticing paper-trails between yourself and your superiors?
• Has your immediate boss or mentor gone bye-bye?

These may be useful tools when evaluating visitors' workplace concerns. (WiseBread.com.)