Berkeley Ombuds for Students Retires

Carmen McKines, the University of California Berkeley's Ombuds for students and postdoctoral appointees, retired last month. The university commemorated her 40-year career with its highest honor, the Berkeley Citation. After serving as Berkeley;s first full-time Title IX compliance officer from 1989 to 2002, McKines became the staff Ombuds before helping to open the Ombuds office for students and postdocs in 2003. She was aptly described as having "an ambassador’s diplomacy, a referee’s fairness, and a psychotherapist’s discretion." (UC Berkeley News.)

Related post: UC Berkeley Internal Job Posting.

Job Posting: The Hartford

The Fortune 100 investment and insurance company is hiring an Ombudsman to provide confidential and impartial coaching and counsel to employees and applicants regarding workplace complaints and other work-related issues. The Connecticut-based position is expected to ensure Ombuds office protocols and practices align with the International Ombudsman Association’s Code of Ethics and Standards of Practice. However, 40% of the job responsibility is HR policy and protocol development. A minimum of seven years of HR generalist or employee relations experience in a large corporation is required. No salary or closing date indicated. (The Hartford Jobs.)

Temple University Partially Adopts IOA Standards

In May 2008, the Temple University College of Education implemented a student grade appeal system that references the informal services of a confidential and neutral student Ombuds. The policy specifically states that "The Ombudsperson will act in accordance with the International Ombudsperson [sic] Association’s Standards of Practice and Code of Ethics," and will be encouraged to seek training and support through IOA. (TU Student Grade Appeals; TU School of Ed. Ombuds.) However, other Temple Ombuds are given responsibility for administering formal student grievances. (See, e.g., TU College of Science & Tech and Dept. of Political Science.)

USOA Annual Conference in Lexington

The United States Ombudsman Association will hold its 29th Annual Conference in Lexington, Kentucky from September 29 through October 3, 2008. This year's meeting, "From the Starting Gate to the Finish Line: Ombudsmen and the Race for Excellence," features a number of programs of interest for organizational Ombuds, including:

• A Pre-Conference Workshop on High Conflict Personalities;
• Concurrent Session #1A, "And They're Off - Ombudsmen at the Starting Gate" (a workshop on launching a new Ombuds office);
• Concurrent Session #2C, "The Steeplechase – Cross-Cultural Awareness" (a session on negotiating cultural hurdles and identifying biases);
• Plenary Session "Down the Home Stretch - Evaluating Ombudsman Operations and Establishing Performance Measures" (an overview of strategic business planning for small Ombuds offices co-presented by Frank Fowlie);
• Concurrent Session #2D, "Win, Place or Show - The Why and How of Estimating Ombudsman Value Via Surveys" (an interactive session examining current survey practices for generating a programmatic value return estimate presented by John W. Zinsser);
• Concurrent Session #1E, "The Ombudsman Superfecta - Common Ground Panel (a panel discussion among representatives of various Ombudsman organizations regarding the things that unite and divide us, and how we can build on the strengths of our professions).

The fee for registration submitted by August 22 is $425 for USOA members and $500 for non-members. (USOA Conf. Info.)

How Important Are Appearances for Ombuds

Diane Levin posts a provoking piece about the effect of appearance in negotiation. She was inspired by an article in an online magazine that urges women to present themselves in a way that will look good to the other party. Levin argues that a professional appearance and listening to your counterpart are much more important for a successful negotiation. Moreover, she is left uneasy by the emphasis on a woman’s appearance. "Behind it lurks a whole array of social justice issues uncomfortable to discuss but urgent for us to face." (Mediate.com.)

I agree with Levin's emphasis on listening over appearance and concern about social justice issues facing women in negotiation. As an Ombuds, I am personally concerned about the impact of a first appearance. Like most Ombuds since I work with visitors who vary widely in age, education, income, ethnicity, gender identity, etc. It would be impossible and disingenuous for me to attempt to mimic the attributes of the individuals with whom I interact. I find it more important to dress in a way that reflects that I am comfortable with myself, neutral in my outlook and serious about my work. My only “accessory” is a trustworthy pen. That being said, I do keep a jacket and tie handy for mediations, presentations and meetings with top administrators. I would interested in hearing readers' thoughts on these issues.

Related post: Gender Differences in Negotiating.

Mortgage Crisis Draws in Ombuds

Articles in many US newspapers on the federal takeover of IndyMac Bank featured a picture of Federal Deposit Insurance Corp. Ombuds Robert Brown distributing forms to a mob of unhappy depositors in Encino, CA. (USA Today.) In related financial news, Sam Golden, a former Ombuds for the Comptroller of the Currency was widely quoted on Citigroup's mortgage accounting practices. (Bloomberg News.)

Details of 35th Annual Cal Caucus

The California Caucus of College and University Ombuds has announced the details of its annual meeting at the Asilomar Conference Center in Pacific Grove, CA, on November 16-19, 2008. The theme is “The Synergy and Adventure of Ombudsing” and the conference will include workshops, presentations, case studies, and panels of Ombuds leadership. CCCUO is recruiting volunteers for committees and as presenters and facilitators. For more details, contact the conveners Jim Oldani (oldani1[at-sign]llnl[dot]gov) or Donna Clark (dmclark[at-sign]uci[dot]edu) or visit the CCCUO Wiki. (CCCUO Flyer; CCCUO Wiki.)

Related posts: Cal Caucus (34th) Annual Conference in Pacific Grove; Journal of the CCCUO Calls for Papers.

13 Conflict Tools

Professional mediator Lee Jay Berman offers a succinct list of tips for resolving conflict in the workplace, with customers and in life:

1. Stay Calm;
2. Listen to Understand;
3. Accentuate the Positive;
4. State Your Case Tactfully;
5. Attack the Problem, Not the Person;
6. Avoid the Blame Game;
7. Focus on the Future, Not the Past;
8. Ask the Right Kind of Questions;
9. Pick Your Battles;
10. Link Offers;
11. Be Creative;
12. Be Confident; and
13. Celebrate Agreement!

His article would be an excellent handout for Ombuds to give to individual visitors or to supplement presentations and trainings. (Mediate.com.)

Senate Approves Funding for New FOIA Ombuds Office

Following an earlier vote by the House, the Senate Appropriations Committee unanimously approved $1 million to fund a new Ombuds office for Freedom of Information Act disputes. The office, known as the Office of Government Information Services (OGIS), will be placed at the National Archives and Records Administration. The Bush administration provoked outrage earlier this year when it proposed eliminating funding for the office and moving it from the National Archives to the Department of Justice. Under the new FOIA amendments enacted into law, OGIS has responsibility for providing mediation services as an alternative to litigation in FOIA disputes. OGIS also has authority to review agency compliance with FOIA requirements and recommend policy changes to Congress. (77 U.S.L.W. 2043; Sen. Leahy Comment.)

Related posts: Bill to Create FOIA Ombuds Goes to President; White House Seeks to Move FOIA Ombuds to Justice Dept.; Bush Defunds FOIA Ombuds Program; NY Times Calls for Restoration of FOIA Ombuds.

National Taxpayer Advocate Plans Study of Federal Ombuds

In her annual report to Congress, Nina Olson, the National Taxpayer Advocate, outlined an ambitious set of objectives for the 2009 fiscal year. The report, which is not subject to any review by the IRS, Treasury or OMB, reveals that the National Taxpayer Advocate has surveyed federal external and internal Ombuds and plans further analysis in the coming fiscal year. Already, the National Taxpayer Advocate has made a number of critical observation about existing federal Ombuds programs:

• Most federal Ombuds do not have independent counsel, budgetary control or reporting relationships and thus lack sufficient independence;
• Many Ombuds have administrative obligations or cannot obtain information which impair actual or perceived impartiality; and
• Most Ombuds rely on their agency to respond to FOIA requests which may dissuade visitors.

In addition to further study, "the National Taxpayer Advocate and her staff will work with other federal agency ombudsmen to promote standards for these offices and seek to incorporate those standards into a Federal Agency Ombudsman Act." (NTA FY 2009 Objectives.)

SBA Ombuds Offers Model for State and Local Goverment Offices

Nicholas Owens, the National Ombuds for the Small Business Administration, has released a summary of best practices and resources for state and local governments considering Ombuds programs. The report includes an overview of the SBA Ombuds program, including useful forms, relevant Federal statute and USOA model legislation. (New Mexico Business Weekly; SBA Small Business Ombuds Model.)

This is an excellent outreach tool for classical Ombuds. The SBA program is well-established and highly visible, and thus a credible proponent of the USOA model. Owens should be commended for his efforts as a leader, not just for classical Ombuds, but the ADR field in general.

Update: Little Rock School District Offers Settlement to Former Ombuds

Two weeks into a trial, the Little Rock School Board has proposed a settlement with its former Ombuds, James Washington, and three other employees who sued for racial and gender discrimination. Washington claimed that former superintendent Roy Brooks wrongfully eliminated the Ombuds position in a district-wide reorganization. He is now a teacher. If the four plaintiffs accept the settlement, which the district's attorney thinks they will, then they will sign one year contracts that would include back pay and stipends to compensate them for having worked lower-paying jobs. There no indication that the district will reinstate the Ombuds office, despite the recommendation of an outside expert earlier this year. (THV Little Rock.)

Prior Posts: Court Allows Ombuds' Lawsuit Against Little Rock Superintendent; Experts Recommend Little Rock Schools Restore Ombuds Program.

SBA Ombuds' Annual Report Acknoweldges Cooperative Agencies

This week, the Small Business Administration Ombuds issued its annual report to Congress which rates federal agencies responsiveness to small business concerns. Ombuds Nicholas Owens cited the Nuclear Regulatory Commission and Homeland Security's Immigration and Customs Enforcement unit among the least responsive to regulatory and compliance issues during fiscal 2007. The 80-page commended six agencies for their regulatory compliance assistance and willingness to work with the Ombuds office: Centers for Medicare & Medicaid Services, U.S. Customs and Border Protection, Environmental Protection Agency, Occupational Safety and Health Administration and the departments of Transportation and Commerce. (Washington Post; SBA Ombuds 2007 Report.)

Explained: UC Santa Barbara Ombuds

The Ombuds office at the University of California, Santa Barbara was the subject of a recurring column in the local paper: Weird SB. Aside from this unwanted label, the article is positive and offers this description:

Anyone who has ever longed for a real person to speak to, instead of an automated system or a faceless bureaucracy, has actually been wishing for the services of an ombud — whether they knew it or not.

(Santa Barbara Independent.)

Advice on Keeping Members

Diane Levin at the Mediation Channel has posted an open letter for ADR professionals everywhere, with some advice on how to keep, not drive away, members:

• First, provide your members with useful information that helps them do their jobs;
• Second, provide value for those membership dues with regular programming in a variety of locations;
• Third, make sure that any increase in dues is fair;
• Third, provide discounts and services;
• Fourth, communicate with members regularly and reliably;
• Fifth, respond to member inquiries, questions, and concerns promptly; and
• Sixth, show appreciation to volunteers.

Do these things, Levin says, and members will renew and encourage others to join. (Mediation Channel.)

Although Levin's thoughtful letter is aimed at organizations for mediators/arbitrators (e.g., The Association for Conflict Resolution), it offers some valuable reminders for organizations that serve Ombuds too.

Army Launches Online Ombuds Program

The U.S. Army and the the University of Massachusetts Amherst have developed an online system for U.S. soldiers seeking treatment at the Walter Reed Army Medical Center and other Army medical facilities. With funding from the eBay Foundation and support from the National Mediation Board, UMass created a prototype online Ombudsman access portal that allows individuals to ask questions, post replies, or simply provide information to the Army Ombudsman. Ethan Katsh, UMass professor of legal studies at UMass and director of the National Center for Technology and Dispute Resolution, says the system is a safe, effective and confidential means of augmenting the existing advocacy program that is neutral and outside the chain of command. The online Ombudsman portal allows patients, family members, doctors, staff and the public to communicate with the Army Ombudsman anonymously. The Army’s online portal is expected to go online during the summer. (Newswise; NCTDR; ABA Journal.)

A critical issue for organizational Ombuds is balancing the need to embrace electronic communications while preserving confidentiality and avoiding creating a record. Because the problem is so daunting, many Ombuds simply choose to avoid email and other electronic communications. Ombuds will therefore be watching the Army's program closely to see if this is a viable solution.

Related posts: International Forum on Online Dispute Resolution; Senate Bill Would Create DOD Ombuds Office; Ombuds Not Exempt From Influence of Internet.

Job Posting: United Nations

The UN has posted two more Ombuds positions. The latest postings are for Case Officers in Kinshasa and Khartoum. (These offices each comprise a Regional Ombuds, a Case Officer and a Programme Assistant; the prior posting was for the Regional Ombuds.) Applications are due by August 30. (UN HR.)

ACR Conference Prominently Features Ombuds

Several Ombuds are slated to speak at the Association for Conflict Resolution Eight Annual Conference, set for September 24 through 27 in Austin, TX:

• Mini-Plenary 6 "Addressing the Needs of Soldiers and Their Families: Conflict Resolution Responses to Returnee Issues" will cover the development of the ombuds program at Walter Reed and the Army Medical Command by panelists including Daniel Rainey;
• Workshop 1.03 "The Ombuds as Student: Using What We Learn" is a structured discussion about lessons learned through work as Ombuds, led by Wayne Blair and Laurie Mesibov;
• Workshop 2.10 "Development, History and Outcomes for Successful Ombuds Office in World-Renowned University of Texas, M.D. Anderson Cancer Institute," will review the lessons learned in the creation of an Ombuds program, by Anu Rao and William Brock; and
  
• Workshop 6.02 "Ombudsman Applications Within Public Institutions - Alive and Well!" will feature the heads of Ombuds programs for a state office, a city, a school district; and, a state youth commission.

(ACR Conference Info.)

UC Riverside Launches Externship Program

Office of the Ombudsman at the University of California, Riverside has launched an externship program. Soraiya Campbell, who is finishing her Masters in Dispute Resolution at the Straus Institute for Dispute Resolution, is expected to start this week for a summer-long externship. As an extern, Campbell will shadow the University Ombudsman Indu Sen, see visitors and follow up on cases, and assist the office develop conflict resolution programs, among other duties. The UCR Ombuds office is following a similar externship format as the UC Irvine Ombuds office by providing externs with a structure yet the independence to find their own practice style.

Related posts: UC Riverside Appoints Ombuds; Profile of UC Riverside Ombuds.

Job Posting: Dept. of Defense

The Defense Human Resources Activity is hiring a Program Analyst for the Ombudsman Directorate in Arlington, VA. The position is essentially a case manager and national Ombuds for the agency's military employment and reenlistment issues. A primary duty will be coordinating 300 volunteer Ombuds who interface directly with Military Reserve and National Guard service members and civilian employers. Knowledge of military culture and the Uniformed Services Employment, and Reemployment Rights Act in particular, are required. In addition, applicants must have, "Extensive knowledge of the requirements to perform Ombudsman duties (Mediation) and responsibilities." Salary ranges from $47,639 to $107,854 per annum. Applications are due July 14. (Federal Government Jobs, vacancy no. DHRA-08-196437.)

Ohio U. Selects Interim Ombuds

Merle Graybill has been named interim Ombuds for Ohio University for a one-year period. Graybill has worked for Ohio University since 1993, and currently serves as director of campus-community engagement in the College of Education. For more than 20 years, she was in private practice as a curriculum consultant and trainer in the areas of adult education, diversity, leadership, conflict resolution and management. Graybill earned her B.S. in Psychology from Union Institute and a M.Ed. in Educational Administration from Ohio University. She is also a licensed social worker. Elizabeth Graham, who has been the University Ombuds for the past six years, returns to her position as a professor in the School of Communication Studies. (OU Outlook; Athens Messenger; OU Profile.)

Related post: Ohio U. Ombuds Issues Annual Report and Considers Adopting IOA Reporting Categories.

New Ombuds Program at Coastal Carolina U.

Coastal Carolina University has appointed Charmaine Tomczyk as its first Faculty Ombuds, effective August 1. Tomczyk currently serves as Coastal's associate director of Library Services and has previously been the faculty senate chair and associate vice president for academic affairs. She earned a bachelor’s degree from the University of Connecticut and a master’s degree in library science from Southern Connecticut State University. Already, she has joined IOA's Professional Ethics, Standards and Best Practices Committee. Tomczyk will serve as Coastal's Faculty Ombuds on a trial basis for 18 months. (Coastal Newsletter; Faculty Profile; Faculty Task Force Report.)

Immigration Ombuds Issues Annual Report

The United States Citizenship and Immigration Services Ombudsman has released its 2008 report to Congress addressing "progress in resolving long-pending FBI name checks, and the unusually large 2007 summer surge of approximately three million applications sent to USCIS." The Ombudsman makes ten specific recommendations for the immigration system. (USCIS Annual Report, via Immigration Daily.)

Related posts: Profile of New Immigration Ombuds; Summaries of Forums Hosted by Immigration Ombuds Available Online; Annual Report Round-Up.

Complaint Letters Are More Effective Than Email

Many Ombuds coach visitors to write effective letters detailing their concerns and requesting a remedy. (See examples from MIT, Ohio Univ., and UNC.) Blogger Margaret Garcia-Couoh suggests that "The Letter Always Wins" over email or other methods. (Wise Bread.) This advice is especially true if supporting documents can be attached.

Related post: Using Email in Dispute Resolution.

Trendspotting: Online Bullying an Emerging Issue for Ombuds

Recent articles indicate that virtual bullying will an important issue for organizational Ombuds:

Researchers at UCLA have been startled by the "seemingly innumerable" ways that children bully and cheat each other in virtual worlds. UCLA doctoral student Deborah Fields, who wrote the paper with professor Yasmin Kafai, said players were much more willing to engage in behavior that they wouldn't in the real world. "I don't think they feel monitored," she said. "It's way less monitoring than they probably have in school from just the presence of a teacher." (LA Times.)

Other children are not the only victims. Teachers have faced online bullying through social networking sites Facebook and Bebo. A Childnet International Report has recommended that teachers should be taught how to use social networking sites effectively as part of their pupils' education. (ATL News.)

These young bullies eventually become part of the workforce with dire consequences. In March, University of Manitoba researchers reported that the emotional toll of workplace bullying is more severe than that of sexual harassment. (From the Playground to the Boardroom: Workplace Bullies.

Twelve years ago, University of Massachusetts professor and Director of the National Center for Technology and Dispute Resolution Ethan Katsch predicted the need for Ombuds to be ready for conflict arising from virtual environments. (The Online Ombuds Office: Adapting Dispute Resolution to Cyberspace.) He suggested the need for online Ombuds offices staffed by people familiar with dispute resolution and technical expertise. He proposed specific ways to facilitate communications, while protecting the confidentiality of the process.

Yet so far there are no virtual Ombuds offices and few that offer any online services. Indeed, most Ombuds websites serve only to disseminate information and do not permit dialog. It seems clear that Ombuds eventually will be obligated to be more responsive to virtual bullying. The only questions are "How?" and "When?"

Related posts: Ombuds Not Exempt From Influence of Internet; Study Finds Workplace Bullying Widespread; ICANN Ombuds Explains On-Line Dispute Resolution; International Forum on Online Dispute Resolution.