Harvard Negotiation Law Review 2012 Symposium to Feature Ombuds

On Saturday, February 25, the Harvard Negotiation Law Review will offer a free symposium entitled, “Does ADR Work? Evaluating the Effectiveness of Alternative Dispute Resolution.” The first panel session, “Co-optation of ADR: Has it Become ‘Cheap Justice’?” will include Howard Gadlin, Ombuds at the National Institutes of Health. 

The event is open to the public, but registration is recommended. (HNLR Symposium 2012 via ADR Prof Blog.)

Related posts: Ombuds Offer Insights on Dispute Systems Design.

Coalition of Federal Ombuds Meeting Minutes Highlights New Office

CoFO has published the minutes of its January 2012 meeting, which included a presentation by Sheryl Brown-Norman at the Office of the Director of National Intelligence. According to the summary, Brown-Norman is establishing an Organizational Ombudsman office which facilitates effective coordination among the intelligence community agencies.

During the initial pilot project period, Brown-Norman has undertaken an outreach campaign using agency announcements, staff meetings, public presentations, and other methods to explain the unique role of an Ombuds.

Other matters covered in the monthly CoFO meeting included an update on officer elections, USOA's search for a Federal Chapter chair, and discussions on practice issues. Minutes from other monthly meetings are also online. (CoFO Meeting Minutes.)

Related posts: CoFO Continues Work on Thorny Issues Facing Government Ombuds; CoFO Elects Officers; COFO Collaborating With Federal Agencies Creating New Ombuds Programs; ATF Seeks Bids for Ombuds Service;  Coalition of Federal Ombuds Will Hold Open Meeting [2010]; Coalition of Federal Ombudsmen Sets Tenth Annual Conference.

Federal Reserve Staffer Provides Overview of Ombuds Program

In testimony before Congress earlier this month, Kevin M. Bertsch, an Associate Director in the Federal Reserve System's Division of Banking Supervision and Regulation, addressed the role of the agency's External Ombudsman. In essence, he explained that the Federal Reserve System Ombuds provides an alternative dispute mechanism for bankers' concerns about the fairness of the Fed's supervisory process.

Here's an except from his testimony:

[T]he Federal Reserve also has an Ombudsman to provide banks with a means of raising issues regarding the examination process that are maintained in confidence. The Ombudsman also will provide information regarding the appeals process. The Ombudsman provides a neutral, independent, objective facilitator and mediator for the resolution of issues and complaints related to the System's regulatory and supervisory activities. The Ombudsman actively works with banking firms that have concerns about examinations and other supervisory matters, and works independently from the supervisory chain of command. The Ombudsman has broad authority to mediate complaints, including the authority to refer matters to the appropriate Federal Reserve Board committee.

The Federal Reserve maintains a strong anti-retaliation policy to protect any person who uses the appeals process or who contacts the Ombudsman with concerns. The Ombudsman reaches out to every institution that has filed an appeal within six months after the appeal has been decided to inquire whether retaliation has taken place. The Ombudsman also has broad authority to investigate claims of retaliation. Where appropriate, and when corrective action has not been taken, the Ombudsman reports retaliation complaints to the appropriate Federal Reserve Board committee.

The Federal Reserve continues to evaluate methods for improving its appeals process. At the same time, it has been our experience that most disagreements regarding supervisory matters are resolved promptly and informally through direct discussion between the Reserve Banks and the affected institutions, and we would not want to discourage this means of resolution. 

Bertsch appeared before the House Committee on Financial Services, Subcommittee on Financial Institutions and Consumer Credit, to discuss the Federal Reserve's perspective on HR 3461, the "Financial Institutions Examination Fairness and Reform Act." Among other things, that bill would create an "Examination Ombudsman" to independently investigate and adjudicate complaints about the bank examinations. Although the Fed's Ombuds program has a similar purview, it does not have investigatory or adjudicatory powers. The current Ombudsman for the Federal Reserve System is Margaret McCloskey Shanks, who also serves as the Associate Secretary of the Board. (Federal Reserve News; OpenCongress HR 3461.)

Related post:  Job Posting.

Job Posting: Department Of Agriculture

The USDA is hiring a Food Safety Ombudsman. According to the job posting, "The primary purpose for this position is to respond to employee concerns related to the humane handling and slaughter of animals and other duties pertaining to the food safety mission as assigned by the Under Secretary." Duties will include implementing "an employee ombudsman program aimed at identifying and facilitating resolution of substantive and administrative program management issues raised by or of concern to employees and citizens as potentially threatening food safety effectiveness."

In addition to conflict resolution skills, applicants should also have knowledge of food safety policies, structure, functions and practices of the United States' meat and poultry industries. The GS-14 position pays $96,690-$125,695.00 per year and applications are due tomorrow, February 1, 2012. Location of the position will be negotiated after appointment. (USAJobs.)

Related post: GAO Urges USDA to Hire Ombuds (2008);  USDA Announces New Ombuds Program.

Job Re-Posting: U.S. Coast Guard

For a second time, the Coast Guard has reopened its search for a Regional Ombudsman Coordinator to be stationed in Oakland, CA. The position will administer and develop all aspects of the CG Ombudsman Program, and provide feedback to the local Health, Safety and Work-Life Service Centers and the Ombudsman Program Manager. 

Applicants must have a degree in behavioral or social science or in a related discipline appropriate, or relevant work experience. The GS-12 position pays $81,460-$105,897 and applications are due by January 27, 2012. (USAJobs.)

Prior: Job Posting.

Consumer Financial Protection Bureau Opens Ombuds Office

The federal agency that holds primary responsibility for regulating consumer protection in the U.S. has created an Ombudsman's Office to assist in the resolution of individual and systemic issues for depository and non-depository entities, and consumers.  Wendy Kamenshine has been appointed the Acting Ombudsman.

The office is characterized by independence, impartiality and confidentiality and was established by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  The tenets of the office are explained on its new website:

Independent
The Ombudsman will report to the CFPB’s Deputy Director with access to the Director. This reporting line ensures the Ombudsman’s independence within the CFPB. It also allows us to act as an early warning system and serve as a catalyst for change.

Impartial
We do not advocate for one side, but for a fair process.

Confidential
We have put safeguards in place to preserve confidentiality. We will not share your identifying information outside the Ombudsman’s Office unless you tell us we can. We also may have to share it if there is a threat of imminent risk of serious harm, you have raised an issue of government fraud, waste, or abuse, or if required by law.

Kamenshine is the Chair of the Coalition of Federal Ombudsmen and has been the Senior Ombudsman for the U.S. Department of Homeland Security. (CFPB Blog, Ombuds Office.)

Related posts: CoFO Elects Officers; COFO Collaborating With Federal Agencies Creating New Ombuds Programs; IOA Takes Position on Proposed SEC Ombuds Program.

Minnesota Department of Transportation Creates Ombuds for Employees

Mn/DOT has appointed Wendy Friede as its first-ever Employee Ombudsman. In her role as employee ombudsman, Friede will serve as a complement to department’s current formal resources, rather than a competitor or duplicate. “If you know where to go and feel comfortable going there, go directly there,” Friede said. “If you’re not comfortable with those resources and want someone to talk to, the employee ombudsman is an option for you.

Friede is a Certified Organizational Ombudsman Practitioner, trained mediator and coach who has worked 18 years in the public and private sector. She served on the International Ombudsman Board of Directors and is the current Secretary of the Board of Certification. Friede earned her bachelor’s degree in Education from the University of Minnesota and a master’s degree in Instructional Media and Design from Boston University. (Mn/DOT Newsline.)

Related posts: Two Organizational Ombuds Launch Blogs; Minnesota DOT Ombuds Office is Honored for Work; IOA Board of Certification Announces New Officers.

Job Re-Posting: Internal Revenue Service

The IRS has reopened its search for a Director for its Proactive Resolution and Ed Division, a new program that will engage in conflict prevention outside of the EEO complaint and union grievance processes. In addition to overseeing several dispute resolution processes, the position will serve as the Organizational Ombudsman for IRS personnel.

The position will pay $113,735-$155,500 at a location to be determined after selection. Applications are being accepted through November 22, 2011. (USA Jobs; Announcement No.: 12KC3-HQS0019-0343-03-RS.)

Related posts: New IRS Ombuds Program Seeks Presidential Management Fellow, Job Posting.

Job Posting: Federal Deposit Insurance Corporation

The FDIC is hiring an Ombudsman Specialist to work in Arlington, VA. The position responds to customer inquiries received by the FDIC Office of the Ombudsman, which serves as an independent, neutral, and confidential resource and liaison for the banking industry and the general public.

Applicants must have experience with problem resolution assistance across organizational boundaries; researching factual issues; participating in policy review, program planning, and/or analysis work; and other administrative tasks. The position pays $ $70,514 to $128,960 per year and applications are due by November 17, 2011. (Federal Government Jobs, Job Ann. No.: 2011-HQ-0091.)

Related posts: FDIC Ombuds Reports Strong Growth in Visitor Traffic; FDIC Ombuds Creates Unit for Bank Customers; Job Posting;

Journal of Public Integrity Publishes Article on Ombuds

The latest issue of the journal published by Council of Inspectors General on Integrity and Efficiency (an executive branch entity composed of all American Inspectors General) features an article on the benefits of an Organizational Ombuds program in a governmental setting.

"Organizational Ombuds: The Best-Kept Secret for Strengthening Internal Efficiency" was written by Scott M. Deyo, the Ombudsman for the National Geospatial-Intelligence Agency, and Michael Kamins, a masters student in the Negotiations and Conflict Management Graduate Program at the University of Baltimore.  The article uses the Department of Defense Inspector General's Ombuds office as a case study to illustrate the methods, standards and benefits of an IOA-compliant program. After the DoD IG Ombuds Office was established in March 2009, it served approximately forty percent of agency staff and resulted in major improvements to: corporate communications; decision-making processes; merit systems principles; quality and timeliness of agency processes; teamwork; acquisition; oversight; field operations; the transition back to the general schedule; and many other areas involving mission readiness. (Journal of Public Integrity.)

Related posts: Department of Defense Announces First Ombuds for Inspector General; National Geospatial-Intelligence Agency Names Ombuds.

Job Posting: U.S. Navy

The Navy is hiring an Ombudsman Coordinator for its Commander Navy Installations Command, Fleet and Family Support Program. Based in Washington, DC, the position will be responsible for providing program/policy analysis and management expertise, including resource planning and development of program initiatives for the Navy's Ombudsman Program.

Applicants must have executive-level planning and budgeting experience. The position is open only to U.S. citizens and a Secret level security clearance is required. The GS-12 position pays $74,872-$97,333 per year. Applications are due November 7, 2011. (Federal Government Jobs, vacancy no. NW10343-12-553346K1186364.)

Related posts: Navy Reserve Ombuds Hold First National Conference; Navy Ombudsman Creed; Navy Appoints Two New Ombuds-at-Large; Navy Increases Childcare Benefit for Ombuds; Navy Celebrates 41st Ombudsman Appreciation Day.

Job Posting: Ontario Fair Practices Commission

The Organizational Ombudsman for the Ontario Workplace Safety and Insurance Board is hiring a Fair Practices Commission Specialist to start December 1, 2011 in Toronto.

The Commission provides an independent, neutral and confidential resource for injured workers, employers and service providers who have complaints about the fairness of the WSIB’s processes or services.  Applicants should have experience in impartial investigations and dispute resolution, and proficiency in Microsoft Office. Knowledge of legislation relevant to the WSIB is an asset. Applications are due by October 31, 2011. No salary indicated. (FPC Posting.)

Coalition of Federal Ombudsmen Sets Tenth Annual Conference

The Bureau of Alcohol, Tobacco, Firearms and Explosives will host the tenth annual CoFO meeting on Wednesday, November 16, 2011. The all-day conference will feature a keynote address by John Palguta, Vice President of the Partnership for Public Service.

Conference topics will include: Workshop with the Harvard Law School Program on Negotiation; Internal and External OmbudsFocus Groups; Development of the Federal Ombuds; and Solo Practitioners. Registration in advance is required. Please email Carla Miller at ATF (carla [dot] miller [at-sign] atf [dot] gov) and copy Wendy Kamenshine at DHS (wendy [dot] kamenshine [at-sign] dhs [dot] gov) with your name, agency or organization and phone number. Attendees should bring a government-issued photo ID and arrive in ample time for security procedures. (CoFO Website.)

Related posts: Federal Ombuds Publish Unified Model for Developing an Office; CoFO Continues Work on Thorny Issues Facing Government Ombuds; CoFO Elects Officers; COFO Collaborating With Federal Agencies Creating New Ombuds Programs; ATF Seeks Bids for Ombuds Service;  Coalition of Federal Ombuds Will Hold Open Meeting [2010].

Ombudsman Serves Stakeholders and Leadership at Joint Base Andrews

The Public Affairs office at the US military facility in Prince George's County, Maryland has implemented an Ombuds program for any kind of concerns about operations at the base. Staff Sgt. Kris Levasseur, 11th Wing Public Affairs NCO, explained, “Through this program, members here are able to ask questions from Andrews’ senior leaders and receive a response in a timely and accurate fashion most within 24 hours.”

According to an article in DCMilitary, the Andrews Ombudsman handled matters such as concerns over the new uniform change for all National Capital Region Airmen and why there are no longer contracted guards at the gates on base. A link at the Joint Base Andrews website provides an email address for inquiries, but there is no page for the Ombuds program or any indication of the personnel in the role. (DCMilitary.com; Joint Base Andrews.)

National Institutes of Health Profiles Three New Ombuds

A recent article in the NIH employee newsletter introduces three new members of the Office of the Ombudsman/Center for Cooperative Resolution, David Michael, Linda Myers and Lisa Witzler. They report to Director Howard Gadlin and join Associate Ombuds Linda M. Brothers, Kathleen Moore and Samantha Levine-Finley.

David Michael, deputy ombudsman, brings many years of experience in conflict practice (mediation, group facilitation, coaching and consensus-building), as well as training, program design, strategic planning and performance management. Most recently, while at the Federal Mediation and Conciliation Service, he provided facilitation, mediation, coaching and training for federal agencies. Earlier he led court-based and non-profit alternative dispute resolution (ADR) organizations.

Linda Myers, associate ombudsman, has an extensive mediation background, including work in equal employment opportunity cases, prohibited personnel practices complaints (including whistleblower reprisal), labor-management disputes and organizational conflict resolution. Prior to joining the office, she served as deputy director of the U.S. Army ADR Program in the Office of the Army General Counsel.

Lisa Witzler, associate ombudsman, received a master’s degree in dispute resolution from the University of Massachusetts and is working toward her Ph.D. in conflict analysis and resolution at Nova Southeastern University.  Before joining the office, she worked at the Program on Negotiation at Harvard Law School. She is a trained mediator and facilitator interested in group dynamics, communication, dispute resolution design and conflict coaching.

(NIH Record.)

Related posts: National Institutes of Health Appoints Deputy and Two Associate Ombuds; National Institutes of Health Ombuds Website Gets Facelift.

Congressional Budget Office Releases Cost Estimate for New TSA Ombuds Program

The federal agency that provides economic data to Congress has estimated the costs of implementing the Transportation Security Administration Ombudsman Act of 2011. The bill, HR 1165, would revise the Transportation Security Administration Ombuds program. Based on the appropriation figures contained in the bill, the CBO estimates that implementing HR 1165 would cost $1.725 million over the 2012-2014 period. Meanwhile, the bill itself languishes in the House Committee on Homeland Security. (Congressional Budget Office.)

Related posts: Inspector General Recommends Realignment of TSA Ombuds Program (2008); TSA Ombuds Surveys Visitor Satisfaction; Job Posting; House Bill Could Revise TSA Ombuds Program.

King County Ombudsman Reports Increase in Cases in 2010

The Classical Ombuds program for King County, WA reports that it handled 2,950 complaints and inquiries from County residents and employees last year. Nearly all cases were resolved within one month and a scant 3% resulted in a formal investigation. Most cases were resolved through information and direct assistance. Total cases have risen 113% from 1386 in 2003. (King County Ombudsman 2010 Report.)

Related post: Annual Report from King County Ombudsman Shows Increasing Demand for Services.

Job Posting: Internal Revenue Service

The IRS is hiring a Director of its Proactive Resolution and Education Division, an new program that will engage in conflict prevention outside of the EEO complaint and union grievance processes. The position being filled will provide administrative oversight and serve as an Organizational Ombuds for IRS staff.

The position will pay $113,735-$155,500 at a location to be determined. Applications are being accepted through October 3, 2011. (USA Jobs; Announcement No.: 11KC3-HQM0112-0343-03-MM.)

Related post: New IRS Ombuds Program Seeks Presidential Management Fellow.

Navy Celebrates 41st Ombudsman Appreciation Day

Master Chief Petty Officer of the Navy Rick D. West and his wife, Bobbi West, Navy Ombudsman-at-Large, released the following message to the fleet marking Ombudsman Appreciation Day on September 12.

Navy Ombudsmen,

Bobbi and I would like to take the time to say 'thank you' for all your hard work and dedication to our Sailors, families and our great Navy for the past 41 years. Since Admiral Zumwalt established the ombudsman program, the outstanding volunteers who have stepped up and have served in this important role have left a lasting positive impact that resonates across the Fleet every day.

We honor you, our Navy ombudsmen, who are Navy spouses and highly trained volunteers that provide a vital communication link between commands and families. When our families are faced with the challenges of deployments or family emergencies, our dedicated ombudsmen promote resiliency and self-reliance by providing guidance that assists families to regain a sense of normalcy.

Our ombudsmen serve with a genuine desire to help and represent the very best of the program's tremendous legacy. Mission readiness is tied to family readiness, and family readiness is tied in part to the selfless dedication of our extraordinary ombudsmen.

Please join Bobbi and me in offering our sincere gratitude and appreciation to our Navy ombudsmen and their 41 years of excellence.

(Navy MCPON News.)

Related posts: Navy Marks Ombudsman Appreciation Day; Navy Ombudsman Creed; Navy Appoints Two New Ombuds-at-Large; Navy Increases Childcare Benefit for Ombuds

Job Re-Posting: U.S. Coast Guard

The Coast Guard has reopened its search for a Regional Ombudsman Coordinator to be stationed in Oakland, CA. The position will administer and develop all aspects of the CG Ombudsman Program, and provide feedback to the local Health, Safety and Work-Life Service Centers and the Ombudsman Program Manager.

Applicants must have a degree in behavioral or social science or in a related discipline appropriate, or relevant work experience. The GS-12 position pays $81,460-$105,897 and applications are due by September 23, 2011. (USAJobs.)

Prior: Job Posting.