The Ombudsman - Enter the Darkside - or Shared Vision of Excellence?

I cannot say how many times, as an Officer and/or Administrator, an inmate told me—“I’m going to call the Ombudsman on this.” Truth be known, I had no idea who or what the Ombudsman was during my first months on the floor as a Corrections Officer. I knew though, the Ombudsman and the authority of their office was a threat inmates threw at you when irritated. It was usually followed up with the, “I’m gonna have your job!”

Once I became an administrator, the role of the Ombudsman was front and center on my desk. I was the liaison—the conduit of information and insight—assisting this legislative office with their investigation into complaints against my officers and facility.

I knew inmates stretch the truth at times and were not being completely factual. But the depth to which many allegations dove always surprised me.

The term “Ombudsman” is Swedish in origin and means, in most general terms, representative. An Ombudsman’s duty today is to investigate complaints of governmental agencies and attempt to resolve those claims. Ombudsman efforts can also identify and address systemic challenges within agencies or respond to alleged governmental breaches of personal rights.

I served as our facility liaison to the Ombudsman Office and came to know that a strong relationship with the Ombudsman Office was one of the top assets our facility could foster. This relationship is a critical tool when officers and a facility pursue excellence.

Too many sheriffs and jail administrators see the Ombudsman as a hammer—identifying what a facility may be doing incorrectly. An Ombudsman review or investigation though, should be viewed as an opportunity for another set of eyes to view and gauge a facility’s expertise with inmate care, security, safety, and attention to inmate rights. The Ombudsman Office can serve as a quality control audit of operations.

Entering the Darkside

When considering applying to the Ombudsman Office last May, I wondered—what do I bring to the Ombudsman Office? I realized I could bring an outward recognition of trust in the relationship the Ombudsman had developed with the Jails and Prisons of our state. The Ombudsman Office believes this trust is a mutual appreciation for the role each plays in ensuring a safe, secure, and respectful partnership in Corrections. The Ombudsman can and does, through their investigation, remind and hold the jails and prisons accountable to their statutory mission.

Several jail administrators and sheriffs contacted me when hearing of my move to the Ombudsman post and asked, “Are you going to the dark side?” Their digs, in jest, are a perception some of their counterparts, who do not have that trust, still hold. They find it improbable that someone investigating claims against their office, officers or facility has their best interest in mind. Some hate receiving “the call” or “visit” from an Ombudsman investigator. Those officials have yet come to appreciate the role the Ombudsman can play in their day to day operations, if they only allow them to.

The typical Ombudsman Office though has no hammer of authority or statutory ability to “make” things happen. An Ombudsman’s strength is finding an avenue to bring parties together, opening portals of communication, identifying the inherent challenges in play and outlining opportunities or strategies to bring opposing parties together to remove barriers and mediate solutions.

The Role

Brad Johnson, Director of Lancaster County Corrections in Lincoln, NE, has a love-hate relationship with the Ombudsman Office. Johnson indicates, “I have no issue with the Ombudsman checking into our officers or operations, as I believe we will shine. The Ombudsman Office knows the fog an inmate tries to create, masking the reality of our efforts.” Johnson adds, “What I do hate is the disparaging picture that is painted by an inmate’s allegations and how my officers can be impacted by those claims.”

“The time required to appropriately respond to each inmate claim to the Ombudsman is large”, states Lancaster County Corrections Health Services Administrator Alicia Renville, LPN, BSHA. “We see each complaint though, as a teaching moment and an opportunity to recheck the inmate’s charts.”

This belief and value found in two-way trust identifies that both parties recognize they have an ally supporting the work each pursues in a most challenged of situations. This trust also recognizes that both parties work to ensure the rights, health, and security of those inmates supervised is paramount.

Trust brings with it a degree of latitude offered with and during all interactions. The Ombudsman knows the facility is not attempting to hide or manipulate a message and/or data—while the facility believes that the Ombudsman is not pursuing an “I got you moment.”

This trust also builds an expectation of accountability. “I expect the Ombudsman to challenge us on policies or procedures that may be a bit off track,” Johnson offers. To then address the issues that are derailed and provide timely remedies–by refocusing policies or operational efforts—prevents continual and expanded legal and liability threats.

Renville sees the Ombudsman as another set of eyes watching her medical team. “We are human, and mistakes happen. These investigations cause us to check an inmate’s charts again and again and concur that the treatment regimen in place is appropriate.”

Lancaster County Corrections Lieutenant, Joe Anderson, sees an Ombudsman complaint a bit differently. Anderson stated, “I’ve usually known of the inmate’s complaint prior to the Ombudsman call as I’ve already responded to their grievances. It seems as if the inmate tries to find someone new to air their displeasure with after we’ve already said no.” Anderson added, “When the Ombudsman informs the inmate that we meet or surpass jail standards—it’s a sign our operation, protocols and policies are spot on.”

The trust established supports an honest and immediate recognition of inherent chokepoints occurring in a facility and the systemic errors in operations. To be excellent, a facility and staff must continually search for and find areas where they fall short and address those challenges readily. A partner will help you find those kinks in the armor and ensure they are buffed out and returned to brilliance. Without that partner shining the light or asking the question—the jail or prison may implement protocols or policies that create an unending series of security, health or safety decisions and efforts–that result in a maelstrom of legal and liability threats.

The Ombudsman is that partner guiding, assessing and assisting all facilities, agency administrations and officers as they pursue excellence in the world of corrections.

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Craig Gottschalk

Assistant Ombudsman