Ombudsmen in the United States

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

In the United States, there is no unified federal ombudsman service. The role of handling complaints against federal authorities has to some extent been unofficially incorporated into the role of the US Congressman. 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]

Federal Departments and agencies

Several ombudsman services have been created as complaint-handling units housed within, but operationally independent from, specific federal authorities.

Internal Revenue Service

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) provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services (USCIS).[4] 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.

Department of Education

The Department of Education has an Office of the Ombudsman, which works with federal student loan borrowers to resolve loan disputes or problems from an impartial, independent viewpoint.[5]

Environmental Protection Agency

The Environmental Protection Agency (EPA) has an ombudsman to facilitate communication between small business owners and the agency.

Food and Drug Administration

The Food and Drug Administration Ombudsman seeks to ensure that the agency fulfils its regulatory responsibilities well.[6] 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.

United States Navy

The US 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 voluntary position, and seeks to ensure that the dependents of active duty personnel have a channel of resources for their needs and quality of life. A command ombudsman aims to guide those who use the service to the help they may need, before, during or after a deployment. The Navy Ombudsman undergoes almost constant training, and is bound by confidentiality except in relation to allegations 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

Since 1967 at least five state legislatures and one territorial legislature have established and continued to employ a full-time ombudsman. These states are Hawaii, Nebraska, Alaska, Iowa and Arizona, and the U.S. territory of Puerto Rico. Many other states have ombudsmen appointed by, and located within the office of, the governor.

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.[7]

Other state ombudsmen include:

Oregon Office of Small Business Assistance, Secretary of State

State Long Term Care Ombudsmen

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

State children's ombudsmen

Most states have a children's advocate or ombudsman service: see main children's ombudsman article.

Other specialist state ombudsmen

Other states have ombudsmen specific to particular issues, including:

In the case of Puerto Rico, while the main Ombudsman's office, created in 1977 in a statute signed by Gov. Carlos Romero Barceló is under the Legislative Branch's jurisdiction, four specialized ombudsmen offices (Aging, Veterans, Health and Disabilities) fall under the Executive Branch's Office of Ombudsmen Offices.

City and county ombudsmen

King County, Washington

The King County Ombudsman's Office was created by the voters of King County, Washington, in the Home Rule Charter of 1968, and operates as an independent office within the legislative branch of King County government. King County is the most populous county in Washington and includes Seattle, the state's most populous city. 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.[10]

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.[11]

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.

Industry and organizational ombudsmen

Ombudsman associations

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. ↑ Department of Homeland Security (DHS) Citizenship and Immigration Services Ombudsman (CIS Ombudsman)
  5. ↑ https://studentaid.ed.gov/repay-loans/disputes/prepare/contact-ombudsman
  6. ↑ Food and Drug Administration Ombudsman
  7. ↑ Kent M. Weeks, Ombudsmen Around the World: A Comparative Chart, 2d. ed. (Berkeley: University of California, Institute of Governmental Studies, 1978), p. 162.
  8. ↑ RI DEM/Office of the Ombudsman Home Page
  9. ↑ http://www.michigan.gov/uia/0,1607,7-118-6006-11782--,00.html
  10. ↑ King County Ombudsman, Washington State
  11. ↑ Los Angeles Department of Ombudsman
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