Ombudsmen in the United States

See Ombudsman for the definitions and examples of other ombudsman throughout the globe.

In the United States, the U.S. Congressman has long performed the unofficial function of an Ombudsman, at the Federal level. This informal job has become increasingly time consuming. It is subject to criticism on the grounds that it interferes with a legislator's primary duty, namely to read and be knowledgeable about a bill before casting his or her vote.^[1]

In 1979 the Taxpayer Ombudsman Office was created within the Internal Revenue Service to act as an ombudsman for the taxpayer.^[2] Renamed in 1996 as the Office of the Taxpayer Advocate, this office has a unique role with the Treasury Department as having the responsibility to submit annual reports to Congress without any prior review or comment from the IRS Commissioner, the Secretary of the Treasury, any other officer or employee of the Department of the Treasury, or the Office of Management and Budget.^[3]

Department of Homeland Security Citizenship and Immigration Services Ombudsman

The Department of Homeland Security (DHS) Citizenship and Immigration Services Ombudsman (CIS Ombudsman) [1] provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services (USCIS). As mandated by the Homeland Security Act of 2002 § 452, the CIS Ombudsman is not a part of USCIS, but an independent DHS office which reports directly to the DHS Deputy Secretary.

The Ombudsman assists individuals and employers in resolving problems with USCIS; identifies areas in which individuals and employers have problems in dealing with USCIS; and proposes changes to mitigate identified problems. The Ombudsman submits an annual report to the House and Senate Committees on the Judiciary, focusing on systemic issues that cause delay in granting immigration benefits as well as pervasive and serious problems faced by individuals and employers in their interactions with USCIS.

The First Citizenship and Immigration Services Ombudsman (2003–08) was Prakash Khatri. During his tenure, he delivered four annual reports to Congress which included over 70 recommendations for improvements to USCIS.

United States Navy

The U.S. Navy implemented an ombudsman program in 1970, under the direction of Admiral Elmo Zumwalt. Through the Navy Ombudsman Program, communication between the spouses of active duty personnel and the command is kept open, thereby improving the quality of life for everyone involved. The Navy command ombudsman is a volunteer position, with no special favors bestowed upon them.

The purpose of this program is to ensure the dependents of active duty personnel have a channel of resources for their needs and quality of life. A command ombudsman can guide you to the help you may need, before, during or after a deployment. The Navy Ombudsman undergoes almost constant training, and is bound by confidentiality in most cases, the exception being any hint of child abuse. An ombudsman meets with department heads aboard a naval installation to find out the latest news, and pass it on, including news on ship deployments, cutting down on potentially harmful gossip.

State-level ombudsmen

The job description for state offices of ombudsmen invariably involves the trouble-shooting function of investigating citizen complaints concerning specific acts by government agencies. For example, in Nebraska the ombudsman's duties are as follows:

To receive complaints from the public and from persons working in government; to investigate; and where appropriate to negotiate remedial action with the agencies involved. A secondary duty is to answer questions and assist people with problems relating to government.^[4]

Since 1967 at least five state legislatures have established and continued to employ a full-time ombudsman, i.e. Hawaii, Nebraska, Alaska, Iowa and Arizona. Many other states have ombudsmen appointed by, and located within the office of, the governor.

Other states have ombudsmen specific to particular issues. The Rhode Island Department of Environmental Management employs an ombudsman "charged with authority to undertake independent, and in certain cases confidential, fact-finding in response to external or internal complaints or questions about the Department's performance." The office is currently held by Thomas Getz.^[5]

State Long Term Care Ombudsmen

Several states have a long term care ombudsman [2] whose duties include assistance to residents of nursing homes, including New York State [3], and supplemental programs developed to protect long term care residents' rights.

City and county ombudsmen

King County (Seattle), WA

The King County Ombudsman's Office was created by the voters of King County, WA, in the Home Rule Charter of 1968, and operates as an independent office within the legislative branch of King County government. The Office investigates complaints regarding the administrative conduct of King County agencies, and alleged violations of county codes dealing with employee ethics, whistleblower protection, and lobbyist disclosure. The King County Ombudsman is appointed to a renewable five-year term by the King County Council and is removable mid-term only for cause.^[6]

Los Angeles

The Los Angeles County Department of Ombudsman was created via the approval of an ordinance in 1993 by the Los Angeles County Board of Supervisors. This department was the first of its kind in the state of California and the first nationally involved in law enforcement oversight.^[7]

New York City

The New York City Public Advocate is the ombudsman for residents of New York City. It investigates and responds to telephone and written complaints/queries regarding city agency services, providing information and referrals. [4]

Other ombudsmen

• Ombudmhmr.state.mn.us - State of Minnesota Office of the Ombudsman for Mental Health and Developmental Disabilities
• Ombudsman.hawaii.gov - State of Hawaii Office of the Ombudsman: independently and impartially investigates complaints against state and county agencies and employees
• http://www.legis.state.ia.us/Ombudsman/ - Office of Citizens' Aide Ombudsman, Des Moines, Iowa
• azleg.state.az.us/ombudsman/ - Arizona's Ombudsman Citizen's Aide
• [5] - State of Alaska Ombudsman
• [6] - The Tennessee Commission on Children and Youth's (TCCY) Ombudsman Program was established in 1996. The juvenile justice program serves children who are in the foster care system, Child Protective Services (CPS) cases and kinship care or relative caregiver placement. TCCY has statutory authority to review children in state custody and make recommendations for improvement.
• Food and Drug Administration Ombudsman - The FDA Ombudsman seeks to ensure that the agency fulfils its regulatory responsibilities well. In the short term, the Office is dedicated to facilitating problem resolution. In the long term, the Office looks at issues systematically in order to make the process work better. Thus it welcomes more general complaints, comments, and suggestions about FDA's regulatory processes.

Industry and organizational ombudsmen

• National Public Radio - In October 2007, journalist, author, media critic and educator Alicia C. Shepard began a two-year appointment as Ombudsman for NPR.

References

1. ^ Congressional Quarterly Weekly Report 35 (3 September 1977): 1855.
2. ^ Taxation - Report of the National Taxpayer Advocate Nina Olson, American Bar Association, February 27, 2008
3. ^ Pub.L. 104-168, 110 Stat. 1452, enacted July 30, 1996, §101(a)
4. ^ Kent M. Weeks, Ombudsmen Around the World: A Comparative Chart, 2d. ed. (Berkeley: University of California, Institute of Governmental Studies, 1978), p. 162.
5. ^ RI DEM/Office of the Ombudsman Home Page
6. ^ King County Ombudsman, Washington State
7. ^ Los Angeles Department of Ombudsman