The Ombudsman Service

Message on the Primary Duties
What's the Ombudsman Service?
Types of Contacts
Information & Referral
Assistance
Investigations
Opening Channels - Our Role as Mediator
Rationale for Resolution:  Change in Structure and Platform - WATCH
PSI NetWork Strategic Partnerships - UniNet
Joining the Partnership
Quote - DRCIAO
Citizen's Rights
Memorandum of Understanding
 

Our primary duty is to service citizens' complaints by investigating the administrative acts of service agencies, employees, and administrators.  Our goal includes assisting city, state, federal government, and other public service provider agencies to be more responsive to the needs of the people they serve.  Over the years the Ombudsman Service evolved in phases according to the needs of its' constituents.

The program was created in 1984.  Our primary duty was to respond to inquiries and complaints from citizens by working with them through collaborative learning.

In 1991, The Ombudsman Service became service providers through research, feasibility studies, development of programs and implementation of service programs and projects.

In 1998/1999, after the conclusion of a major survey which included a 6 month poll, we discovered that  numerous citizens had approached service providers and service agencies, regarding error in judgment and erroneous assumptions, in their cases to no avail.   The the worst case scenario was a disabled individual's case being closed because she could not go into the office for a face to face interview due to her disability.  This was a clear case indicative of eligibility workers and others turning a deaf ear to a client in need and in peril.  This was our first attempt of dealing with the welfare system.  What "seemed" as a simple error which needed simple correction turned into non cooperation, gross neglect, intentional harm, and worse.

Rationale for Resolution:  Change in Structure and Platform - WATCH
By necessity, and by requests from Social Service agents and social workers, the Ombudsman Service evolved into its fourth phase - Litigation in the year 2000.  A Resolution was ratified to add litigation support to our position statement.  The Special Victim Unit is a  special unit to accommodate the specific needs of complainants, especially children, the elderly and individuals with disabilities.  WATCH will spearhead, implement and monitor the project.  The  Ombudsman Service's role will be that of an Authorized Representative, and/or the Authorized Representative with the power of Attorney.

In addition, in the very near future we will add video services to our list of services.  The video service will enhance situations for hearings, and conferences etc., in such cases where the individual is severally disabled or homebound.  A staff volunteer will be able to assume the role as Conservator when the health and life of the client is in peril.  This will be a temporary assignment to bridge the transitional phase while a search is conducted to find someone else, such as a friend or family member to assume the position as Conservator or a title of equal authority.

Either party may be released from this arrangement if there should develop an unforeseen difficulty which would compromise the agent/client relationship.

When an individual makes a complaint to the Ombudsman Service they have the following rights ...

• The client can make the complaint by letter, or fax, by telephone, or via the Internet (at times it may be necessary to ask the client to provide information in writing).
• Someone else can make a complaint on the client's behalf (it may still be necessary to contact the client eventually).
• The client may make an anonymous complaint.
• A client can ask for an internal review of a decision we have made about a complaint.

The Ombudsman Service is the conflict resolution facet of the PSI NetWork Communication Systems.

Our mission is to improve the effectiveness, efficiency and responsiveness of service agencies by receiving public complaints, investigating the administrative acts of service agencies and, when warranted, recommend fair and appropriate remedy.

The Ombudsman Service is an independent and neutral service to whom people can go with grievances about the administration of service agencies. We promote citizen involvement in and enhance public accountability of employees and administrators in service agencies.  We will...

• investigate complaints where appropriate;
• aim to resolve complaints in an impartial and effective way and achieve fair outcomes;
• seek appropriate remedies;
• promote improved administration by service agencies;
• give priority to complaints;
• - which are the most serious;

- which raise systemic problems in the delivery of services;
- where there is no other appropriate means of redress to solve the problem for that person;
- where we are likely to be able to achieve a useful result.
- with regard to children, the elderly and individuals with disabilities

• For the public, we help assure that justice is done and that service administrators and employees  treat their clients fairly, promptly, and respectfully. The office provides a practical alternative between merely voicing a complaint and resorting to litigation.
• For the administrator, we provide an independent check to make sure that mistakes are caught and corrected. When a wrong has been done, we propose remedies. When a wrong has not been done, we exonerate service employees and administrators from unjustified criticism.
• For the legislature, we can identify the unintentional impact of well intentioned laws and point out where agencies have misinterpreted statutes. We can also investigate and help resolve particularly complex constituent problems.

An example; an alienated eligibility worker constantly abuses and/or harasses her client and gets away with it.  This is negative in two ways.  The client is usually harassed continuously and the eligibility worker's behavior get worse and others are usually influenced to follow malignant behavior.  The client often fears, if they report the incident, they might not get any remedy from the corrective elements, and in addition eligibility worker becomes more alienated.  Sometimes, if the client is transferred to another worker, the former eligibility worker "codes, flags or tags the client's records so that each consecutive worker tries to close the case out.

The Ombudsman Service does not replace existing complaint resolution systems. Rather, the office provides a way to resolve a dispute when all else fails. We will not conduct an investigation until the complainant has exhausted all reasonable alternatives within the agency.  In cases where an individual is without life challenging necessities, we will intervene for the purpose of restoration of those services until a there is resolution.

Upon receiving a complaint, the Ombudsman Service may investigate administrative acts of agencies that we have reason to believe violate one of the following standards:

1. Contrary to law;
2. Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion or unnecessarily discriminatory, even though they may be in accordance with law;
3. Based on a mistake of fact;
4. Based on improper or irrelevant grounds;
5. Unsupported by an adequate statement of reasons;
6. Performed in an inefficient or discourteous manner; or
7. Otherwise erroneous.

1. There is already available an adequate remedy for the grievance stated in the complaint;
2. The complaint relates to a matter that is outside the duties of the Ombudsman Service;
3. The complainant does not have a sufficient personal interest in the subject matter of the complaint;
4. The resources of the Ombudsman Service are insufficient to adequately investigate the matter.

The Ombudsman Service receives complaints relating to a number of different issues. We have now evolved to a fourth phase and include the following four types of cases:

• Information and Referral. In some instances, we can provide information and/or a referral that will allow the citizen to address their concerns with the appropriate agency representative.
• Assistance. In other cases, we provide assistance by working with the agency and complainant to resolve the matter without need for a formal inquiry.
• Investigation. Some complaints do necessitate a formal investigation.  In these instances, the agency is contacted and advised of the specific allegations. Although some investigations do result in a formal written report with specific findings, we can resolve many problems to the parties' satisfaction prior to a formal report being issued.
• Litigation. When all else fails, we must resort to litigation to assist our clients and preserve their rights.

Often, people contact us with a question about an agency, or they have a complaint about a matter that is outside our jurisdiction. We are also contacted by people who haven't yet taken advantage of the complaint resolution procedures that are already available within an agency. These people don't need our intervention, rather, they need to find out what they can do to solve their own problem.

Instead of merely turning these people away, we try to help them by giving them the information they need or by referring them to the right person who can resolve their complaint. In some cases, members of our staff have heard a particular question before and can provide an answer or make the right referral on the spot. In other cases, we probably know a way to quickly get the information. We believe it is better for one of us to wade through three or four administrators to find the one person who is responsible for solving a unique problem than for one of our citizens to get bounced around on the phone for weeks or months.

From 1984 - 2000 we resolved over 18,000 inquiries by providing citizens with information relating to their problem, or referrals to persons within an agency specifically designated to deal with that particular issue.  The 2001 Annual Report will delineate actual figures from 1984 - 2000.

Through research, we have found that often a person needs more than information -- they need our help. Once we decide that a problem lies within our jurisdiction, we decide the best route to take to assist the complainant.  We have learned that not all complaints require an investigation.  In many cases we can resolve a problem with a transmittal (FAX) contact or a telephone call and avoid the effort and expense of conducting an "investigation."  However, in some cases, certain individuals do not honor the creed of their profession. Little can be accomplished when creditability is questionable.  To eliminate forgotten promises, statements, remedies, etc., we structured the Ombudsman Service as an automated informatic with much of the information in writing to support information regarding actions that have taken place.

Sometimes we discover that the citizen is working as hard as they can to resolve their problem and that the agency also is doing everything it should, but for one reason or another the message is not getting through.  It is then we become involved as mediators.  Mediation is informal.  It starts with each person telling his or her side of the story.

Sometimes an underlying problem is discerned during mediation - alcohol or drug abuse, child neglect or domestic violence, negligence, personality clashes, even discrimination.  In such situations, referrals to community social service agencies are usually necessary.  Once problems and issues are identified, the Ombudsman Service uses a variety of communication techniques to get the parties to settle with each other. The Ombudsman Service can ask questions, discuss areas of compromise, even make suggestions, but the Ombudsman Service cannot impose a decision, as an arbitrator or judge might. The final decision is made by the parties themselves, not the Ombudsman Service.

When a decision is agreed upon, it is put into writing and signed by both parties. Like any contract, the agreement is considered legally binding and enforceable in court.

Not all kinds of disputes are appropriate for mediation.  It works best for people whose relationship will continue after a settlement is reached - For example, eligibility workers, CalWorks worker, neighbors or a divorcing couple with children. Family, landlord-tenant, community, service provider and consumer disputes are all likely candidates for mediation.

Initially our role with citizens with complaints was one of intervention at the time of a crisis.  Our mission was to empower the individual, allowing them an opportunity to regain control of their lives through the dissemination of needed information through forms of media such as the internet and publications, road shows, informational booths, and information fairs.  We provided collaborative learning which enabled the individual to advocate for themselves.  We also provided clerical support. We have discovered, however, that in many cases where the individual suffers severe disabilities, this is not enough.  Isolation is the predominant negative factor in the life of individuals with severe disabilities and although resources have been provided by the federal government to address the problem of access to services, there is a need to reinforce these provisions on a state and county level.  In the year 2000, we launched WATCH.

To strengthen our position, we have joined forces with national and local advocacy community groups and unions to spearhead WATCH, a Welfare Monitoring & Advocacy Partnership Program to address the issues discussed in this report.

It is our endeavor to eliminate barriers and obstacles to accessing services especially for children, the elderly and the severely disabled.  Presently, we are making concerted efforts to collaborate with community groups and public advocacy organizations by expanding the Planet Share Information NetWork Communication Systems to include the construction of The PSI NetWork Strategic Partnership - UniNet.

The UniNet is an IntraNet construct of over 300 local agencies and community grass roots organizations.  It is a forum platform for agencies to converse, brainstorm, pool resources, share information, share support and solidarity.

We are making contact with city, state, federal government and other service agencies to make sure they are aware that our service exists and that they understand our role.  We can be more effective by working cooperatively and in collaboration with service provider agencies, rather than drifting into an adversarial relationship.

On July 30, 1999, the City of Stockton's Mayor signed into effect a proclamation which declared the ** Year 2000 as PSI NetWork Neighborhood NetWork Year, ** June, 2000 as Neighborhood NetWork Month, June 18, 2000, as Neighborhood NetWork Day.  The proclamation page is under construction.

On ** June 18, 2000, The PSI NetWork's Informational Neighborhood NetWorks Jamboree will launch PSI NetWork's UniNet and celebrate, PSI NetWork's collective * 16 years in service to the community.  We will announce the Awards Nomination Program for June 18, 2001.  We will be giving awards to individuals who have used exemplary judgment in assisting individuals in their field of endeavor, such as social workers, eligibility workers, police officers, fire men/women, ministers, group home counselors, foster parents, foster grandparents, doctors, health practitioners, eligibility workers, and others.  Awards will reflect honor, status, recognition in fields of endeavor, gifts and incentive rewards.

This year's Jamboree will have informational booths, Mobile Electronic Visual Presentations, food of diverse ethnic cuisine, and entertainment.

• Do this as quickly as possible, acting fairly, independently and impartially.
• If appropriate, and where possible, we will recommend changes to fix the problem.
• If we don't or can't investigate your complaint we will explain why, and advise you of any other more appropriate avenues for resolving your complaint.
• Acknowledge every written complaint within seven working days (when we can deal with the complaint quickly we will aim to give you a final response within two weeks).
• Tell you how long we think it will take us to deal with your complaint.
• Treat confidential information with privacy and respect. Tell you the reasons for any decisions we make. Be courteous.
• In order for our services to be effective, there must be professional courtesy and the willingness to resolve the problem on the part of all concerned.  When ample investigation has been conducted and we have concluded the complaint is valid and the penalty exacted by an agency or service provider was unwarranted but they will neither admit error or attempt to resolve the issue, we resort to our final option, litigation.

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• The Ombudsman Service also has the authority to decline to investigate a complaint for a number of reasons, including there already being an adequate remedy available to the complainant. 

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  The Agent/client relationship allows the identity of a complainant to be protected. However, because certain investigations cannot go forward without the complainant's identity being revealed, some have elected to withdraw their complaint rather than have their identity jeopardized.

Memorandum of Understanding
You can view the Memorandum of Understanding > here <