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Obudsman for Children
Ombudsman Briefing
Ombudsman History
Legislative Model
In its effort to promote and encourage the establishment of ombudsman offices, the USOA specifically promotes and encourages the establishment of offices that manifest the following characteristics:
a governmental office created by constitution, charter, legislation or ordinance
an office with the responsibility to receive and investigate complaints against governmental agencies
an office with freedom to investigate on its own motion
an office which may exercise full powers of investigation, to include access to all necessary information both testimonial and documentary
an office with the authority to criticize governmental agencies and officials within its jurisdiction and to recommend corrective action
an office with the power to issue public reports concerning its findings and recommendations
an office directed by an official of high stature who
is guaranteed independence through a defined term of office and/or through appointment by other than the executive and/or through custom
is restricted from activities constituting a personal, professional, occupational or political conflict of interest
is free to employ and remove assistants and to delegate administrative and investigative responsibility to those assistants.
History of the Public Sector Ombudsman
For as long as government has existed, guaranteeing citizens fair and equitable treatment under the law has been an issue and various protections have been utilized over the years. In modern times the public sector Ombudsman, where instituted, has been a successful and valuable guarantor of citizens' rights. By impartial and independent investigation of citizens' complaints, it has provided an informal and accessible avenue of redress.
The first public sector ombudsman (OM-budz-man, -buhdz-, -boodz-) was appointed by the Parliament of Sweden of 1809. The Swedish Constitution divided and balanced power between the king and Parliament with the king having executive powers and Parliament retaining legislative power. The ombudsman, who was appointed by and responsible to Parliament, was to protect individual rights against the excesses of the bureaucracy.
This first ombudsman's office, since its creation, has been the model for the public sector ombudsman, and set the definition that is still accepted today: a public official appointed by the legislature to receive and investigate citizen complaints against administrative acts of government. These acts may or may not include the administrative acts of the judiciary or the legislature, depending upon the statute.
The ombudsman concept spread through Europe, and to this continent with the first offices being established in the United States in the mid 60's. This was a time in the United States when exposure of government secrecy and scandal, and when movements such as civil rights and good government created a political atmosphere more favorable to openness, and to establishing recourse for the aggrieved.
Hawaii established the first public sector office in 1967. Since then a number of states, counties and municipalities have followed suit by establishing offices of general jurisdiction.
The ombudsman movement in the United States has also been characterized by offices that represent a departure from the Swedish model. These variations would include offices with general jurisdiction but appointment by a governor or mayor, legislative offices with special jurisdiction such as corrections, and single agency ombudsman with statutory authority.
LINKS
Link to suggested ombudsman standards:
http://www.usombudsman.org/References/USOA_STANDARDS.pdf
State Web sites:
http://www.governor.wa.gov/ofco/
http://www.michigan.gov/oco
http://www.tennessee.gov/tccy/ombuds.html
All information taken from the United States Ombudsman Association Web site – www.usombudsman.org
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